The Government is to bring forward legislation which aims to preserve privately held records relating to Ireland's institutional past.
This legislation has been called for by survivors and former residents, affected persons, their families and advocates, who want to ensure that records relating to their identity and the institutional systems which shaped their lives are preserved.
While the Birth Information and Tracing Act 2022 provides for some safeguarding of records in private hands, its scope relates to identity information for those who were adopted or have questions in relation to their origins.
The proposals provide for the preservation of all privately held administrative and other records that relate to Magdalene Laundries, Mother and Baby and County Home Institutions, industrial schools, orphanages, adoption agencies and boarding out arrangements, as well as the bodies that ran or oversaw these institutions and placement arrangements.
The proposed legislation provides for the preservation of relevant records held by private actors, so that they are preserved in the public interest.
It does this by placing an obligation on any private holder of a relevant record to preserve it, making it an offence to destroy, mutilate, falsify, or fail to maintain relevant records, or to export them from the State.
Legislation 'urgently required' - O'Gorman
Minister for Children Roderic O'Gorman has said further legislation is "urgently required" and he will introduce it into the Houses of the Oireachtas next week.
It will be brought forward as Committee Stage amendments to the Maternity Protection Bill.
Speaking today, Minister O'Gorman denied the urgency of bringing the legislation forward had anything to do with a general election.
Minister O'Gorman said in recent months a number of academics cited examples of private records being damaged by being left to mould and rot.
In one instance he said records were being used as an exhibition in a pub.
It was put to him that the Independent TD Marian Harkin raised concerns about the destruction of documents in March last year.
She suggested legislation at that stage.
However, the minister said he looked back at what Ms Harkin raised and it centred on individual records.
He said access and protection of individual records had been dealt with through the Birth Information and Tracing Bill.
He said the legislation announced today was about the protection of wider category of records.
He stressed the importance of the legislation being passed, but acknowledged it was up to the opposition on "the stance" it takes.
The proposed legisslation also permit the Director of the National Archives to engage with potential private holders and request a statement of the relevant records they hold.
This would support the Director in understanding the scope of the records currently in private hands.
The issues covered by the legislation were considered by the Legal and Legislative Subgroup working on the development of the central repository of records to be held in the National Centre for Research and Remembrance which will be established at the former Magdalene Laundry on Sean McDermott Street.
While most of the records that will be held in the central repository will transfer from a government department or State body, the proposed legislation will support the work of the National Archives in engaging with private holders of records by placing an obligation on them to preserve records.
In this way, the proposed legislation seeks to ensure that future access to these records is not rendered impossible.
Justice for Magdalene's Research, the Adoption Rights Alliance and the Clann Project have welcomed the announcement.
They have called on all politicians to support the legislation which they have said is "long overdue".
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