§ Lynne JonesTo ask the Parliamentary Secretary, Department for Constitutional Affairs pursuant to his answer of 22 July 2004,Official Report, column 535W, on public records, under what legal provision files that have passed the normal 30 years disclosure period laid down by the Public Record Act 1958 have been either closed or retained; how many of the closed files have been closed to protect personally sensitive information; for what categories of reason the remainder are closed; and what plans there are for the future publication of the retained files. [187622]
§ Mr. LammyRecords may at present be kept closed to public access longer than 30 years under s5(1) of the Public Records Act or specifically to prevent a breach of good faith under s5(2). S3(4) allows for retention in Departments beyond the 30 year period. In all these cases the approval of the relevant Minister and the Lord Chancellor, who takes account of the views of his1242W Advisory Council on National Records and Archives, is required. Variations of the 30 year closure period are authorised by an Instrument signed by the Lord Chancellor.
The 1993 Open Government White Paper set out the criteria against which applications for extended closure have been assessed. Since 1993 76.9 per cent. of records which have been closed relate to personally sensitive information. The other criteria for extended closure are described in the White Paper.
The Open Government White Paper of 1993 requires Departments to review retained records, and to consider whether actual damage would be caused by their release. These arrangements will continue.
Information on Access to Public Records can be found on the National Archives website at: http://www.nationalarchives.gov.uk/recordsmanagement/advice/schedules.htm