8.—(1) F6[Relevant records] in relation to which a certificate granted under this section is not in force shall, subject to section 7, be transferred by the Department of State in which they were made (or, if they are held in another such Department, by that other Department) to the National Archives, where they shall be made available for inspection by the public.

F7[(1A) (a) The Minister, on being satisfied as to the matters referred to in paragraph (b), may—

(i) following consultation by him or her with the Director, and

(ii) with the consent of—

(I) the Taoiseach,

(II) the Minister for Public Expenditure and Reform, and

(III) other than where the records concerned are those of the Department of Culture, Heritage and the Gaeltacht, the relevant member of the Government,

make an order requiring the transfer, in accordance with this Act, to the National Archives of a class or classes of Departmental records which are less than 30 years old but more than 20 years old.

(b) The Minister may make an order under this subsection where he or she is satisfied that—

(i) (I) the records concerned are of significant historical or public interest such as to warrant their transfer to the National Archives, or

(II) the transfer of the records concerned to the National Archives will facilitate the balanced and fair reporting of matters of common interest to the State and other jurisdictions,

and

(ii) the arrangements for such transfer are adequate.

(c) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(d) In paragraph (a), “relevant member of the Government” means, in relation to a class or classes of Departmental records specified in an order to be made under that paragraph—

(i) the member of the Government who has responsibility for the Department of State where the class or classes of Departmental records concerned were made, or

(ii) where the Departmental records of the class or classes specified in the order to be made are held in another such Department, the member of the Government who has responsibility for that other Department.]

F7[(1B) (a) The Minister may—

(i) following consultation by him or her with the Director, and

(ii) with the consent of the Taoiseach and the Minister for Public Expenditure and Reform,

by order appoint a day as the day with effect from which all Departmental records which are more than 20 years old are to be transferred to the National Archives in accordance with this Act.

(b) The Minister may make an order under this subsection where he or she is satisfied that the arrangements for the transfer of all Departmental records which are more than 20 years old to the National Archives are adequate.

(c) An order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

F7[(1C) Nothing in subsection (1) shall require a Department of State to transfer relevant records to the National Archives where those records have previously been transferred to the National Archives in accordance with this Act.]

(2) An officer of a Department of State authorised for the purpose of this subsection may certify that for stated reasons F8[particular relevant records, or a particular class or classes of relevant records, being records prescribed in accordance with subsection (11), which are specified] in the certificate are in regular use in that Department or are required in connection with its administration and that their transfer to the National Archives would seriously interfere with the administration of that Department.

(3) The Director (or an officer of the National Archives designated for this purpose by the Director) may certify that F8[particular relevant records, or a particular class or classes of relevant records, which are specified] in the certificate do not warrant transfer to the National Archives for preservation, and any records so certified shall be retained in the appropriate Department or (as the case may be) returned to that Department, where they may be retained, or disposed of subject to the granting of an authorisation under section 7(4)(a) by an officer of that Department authorised for the purpose of that section.

(4) An officer of a Department of State authorised for the purpose of this subsection may, with the consent of an officer of the Department of the Taoiseach so authorised (except in relation to records of the Department of the Taoiseach), certify, F8[in relation to particular relevant records, or a particular class or classes of relevant records, being records prescribed in accordance with subsection (11), which are specified] in the certificate, that to make them available for inspection by the public—

(a) would be contrary to the public interest, or

(b) would or might constitute a breach of statutory duty, or a breach of good faith on the ground that they contain information supplied in confidence, or

(c) would or might cause distress or danger to living persons on the ground that they contain information about individuals, or would or might be likely to lead to an action for damages for defamation.

(5) F8[Relevant records] in relation to which a certificate granted under subsection (2) or (4) is in force may, unless disposed of under section 7(5), be retained in the Department of State in which they are held or be transferred to the National Archives for preservation.

(6) F8[Relevant records] retained under subsection (5) shall be reviewed by an officer of the Department of State concerned authorised for that purpose at least once in every subsequent period of five years with a view to their possible transfer to the National Archives under subsection (1).

(7) Nothing in this section shall prevent the transfer to the National Archives, with the agreement of the Director, of F8[Departmental records which are not relevant records] where such transfer is desirable to ensure the proper preservation of such records or for other administrative reasons, but any records so transferred shall not be made available for public inspection except in accordance with this Act.

(8) The Taoiseach may, with the agreement of the Director, direct that the transfer to the National Archives under this section of F8[any class of Departmental records, other than a class of Departmental records referred to in section 2A(1)(b) or 2A(2) (each inserted by section 3 of the National Archives (Amendment) Act 2018),] be not proceeded with until he is satisfied that arrangements for such transfer are adequate.

(9) Archives which were formerly Departmental records may be temporarily requisitioned in writing from the Director by an officer of the appropriate Department of State authorised for the purpose of this subsection subject to the right of the Director, in relation to archives which have been made available for public inspection, to specify arrangements which are to be made relating to access by the public to such archives while so requisitioned.

(10) (a) Subject to paragraph (b), subsection (1) shall come into operation two years after the commencement of this section.

(b) Notwithstanding paragraph (a), the Taoiseach may, at the request in writing of a member of the Government or the Director, extend in writing the period of two years referred to in that paragraph in so far as it relates to the Department of State specified in the request if such extension appears to him to be reasonable for administrative reasons so specified.

(c) Nothing in paragraph (a) shall prevent the transfer to the National Archives before the commencement of this section of any Departmental records which are more than 30 years old.

(11) The Taoiseach may by order prescribe a particular class or classes of records in relation to which a certificate granted under subsection (2) or (4) may relate, and may by order amend or revoke an order under this subsection.