‘A dangerous precedent’: 75-year seal put on child abuse testimony
Thousands of testimonies relating to child abuse in residential institutions and related records are to be sealed and “withheld from public scrutiny” for 75 years under new legislation.
The Retention of Records Bill 2019 will see records from the Commission to Inquire into Child Abuse, the Residential Institutions Redress Board, and the Residential Institutions Redress Review Committee placed in the National Archives of Ireland and sealed for a minimum of 75 years.
Catríona Crowe, the former head of special projects at the National Archives of Ireland, said the decision by the Government to “override the 1986 National Archives Act” in relation to the records sets “a dangerous and unnecessary precedent”.
“The provisions of the National Archives Act have proved perfectly adequate over more than 30 years to protect privacy and deal with sensitive subject matter,” she said.
“There is no reasonable argument for setting them aside in the case of these particular records, which will be extraordinary sources for scholars in the years ahead.
“The department’s action opens the gate for future restricted access to any records the State may not wish citizens to see.”
The Government approved the legislation at a Cabinet meeting on February 11.
Education Minister Joe McHugh said the legislation is required to strike a balance between the original confidentiality provisions around the work of the three redress bodies and the need to preserve records for future generations.
This is being achieved by ensuring that the records “will be sealed and withheld from public scrutiny for a minimum of 75 years”, said Mr McHugh.
“Retention of the records is essential to ensure that we never forget the abuse that was perpetrated against innocent children in institutions and that future generations can be made aware of and understand what took place. We must learn from the past,” he said.
The department said the original legislation enacted for the redress bodies provided for their records to be destroyed when their work had been completed.
The bill provides that a number of provisions of the National Archives Act will not apply to the records to be sealed. These will primarily cover the exemption of provisions that govern access by individuals and Government departments.
Mr McHugh said he is conscious that 75 years is a “very long period of time to restrict access to records” but that this is essential given the sensitivity of the material.
“Leaving the documents sealed for a shorter period is not possible given the issue of confidentiality around witness testimony and other sensitive records,” he said.
The Government has decided to provide for an interim review of the operation of the planned legislation, to take place 25 years after the legislation is commenced.
