Legislation applicable to government and court records
Government departments, court offices or bodies cited in the schedule to the National Archives Act, 1986 are legally obliged to transfer records over 30 years old to the National Archives. This is to facilitate public access and their permanent preservation as archives.
The National Archives Act, 1986 and Regulations, 1988 are the principle statutes applicable to the management of records of Departments of State, including their disposal or retention as archives.
The Act operates within a legal framework for the management of government records that may also include other statutes relating to:
- Data protection
- Freedom of information
- Open data
- Legislation regarding cultural heritage, social protection and tax collection.
The National Archives (Amendment) Act 2018 was enacted in August 2018, permitting particular classes of records to be released for public inspection when they are 20 years old by Statutory Order. Anglo-Irish records held in the Department of the Taoiseach, the Department of Foreign Affairs, the Department of Justice and the Office of the Attorney General currently fall under this Amendment.
Transferring body
A transferring body is the Department of State, defined in the National Archives Act, 1986 2(2b) as any government department, court office or bodies cited in the schedule of the National Archives Act, 1986.
Such bodies are legally obliged to transfer records over 30 years old to the National Archives to facilitate public access and permanent preservation as archives.
Departmental records are defined in the National Archives Act, 1986 2(2) as any record in any form made or received and held in the course of its business by a Department of State or any body which is a committee, commission or tribunal of enquiry appointed by the Government.
It does not include:
- Instruments of title relating to property for the time being vested in the state and
- Any part of the permanent collection of a library, museum or gallery
Responsibilities of the transferring body
Transferring bodies are responsible under the National Archives Act, 1986, Regulations 1988 5(4) for the arrangement, numbering, cleaning, packing and labelling of records. They are also responsible for ensuring the safe carriage of all records to the National Archives premises.
This Act applies to all government departments, scheduled bodies and all courts.
Retention of records
The National Archives Act, 1986 8(2) allows for the retention of records in regular use in a Department of State. A Certificate of Retention of Records, signed by the Certifying Officer in the Department, must be sent to the Consenting Officer in the Department of the Taoiseach.
Withholding records from public inspection
The National Archives Act, 1986, 8(4) allows records to be withheld from public inspection in some cases.
Destruction of records
Destruction of all records is prohibited under the National Archives Act, 1986 7(1), unless permission is first granted by the Director of the National Archives, and a Certificate for the Disposal of Departmental Records issued.