Public Records (Hansard, 6 July 1999)

§ Mr. Livingstone
To ask the Parliamentary Secretary, Lord Chancellor's Department if the Government will ensure that the retention for non-administrative reasons of departmental records over 30 years old is justified under the same criteria as those which justify extended closure of records over 30 years old at the Public Record Office. [89634]

§ Mr. Cohen
To ask the Parliamentary Secretary, Lord Chancellor's Department if the Government will take action to ensure that the retention for non-administrative reasons of departmental records over 30 years old will be justified under the same criteria as those which justify extended closure of records over 30 years old at the Public Record Office. [89637]

§ Mr. Vaz
The current system for the retention by Government departments of records over 30 years old is explained in the White Paper "Open Government" (1993, Cm 2290), particularly paragraphs 9.8 and 9.23–9.27. Grounds for retention are laid out in paragraphs 9.23 and 9.26.
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When departments make applications to retain records, they are required to give clear and explicit reasons, making clear in each case what harm would be caused by release. These reasons are considered by the Lord Chancellor's Advisory Council on Public Records before being submitted to the Lord Chancellor. The Lord Chancellor permits departments to retain records for no more than 10 years before they must either release the records or submit another application for retention.
The withholding of public records for a period longer than 30 years is currently the subject of public consultation as part of the pre-legislative scrutiny of the draft Freedom of Information Bill.

§ Mr. Livingstone
To ask the Parliamentary Secretary, Lord Chancellor's Department if the Government will review the criteria against which the extended closure of records over 30 years old, under section 5(1) of the Public Records Act 1958, must be justified, with particular reference to(a) the definition of national security, (b) protection of the identities of confidential informants and (c) protection of those mentioned, or their relatives, from substantial distress or endangerment. [89632]

§ Mr. Cohen
To ask the Parliamentary Secretary, Lord Chancellor's Department if the Government will review the criteria against which the extended closure of records under section 5(1) of the Public Records Act 1958 must be justified, with special reference to(a) the definition of national security, (b) protection of the identities of confidential informants and (c) protection of those mentioned or their relatives from substantial distress and endangerment. [89635]

§ Mr. Vaz
Revised criteria for the closure of records are included in the draft Freedom of Information Bill which is currently the subject of public consultation.

§ Mr. Livingstone
To ask the Parliamentary Secretary, Lord Chancellor's Department if the Government will publish the guidelines given to departmental record officers on judging whether the release of a document is likely to cause substantial distress or endangerment to a person mentioned in that document or to relatives of such a person. [89633]

§ Mr. Cohen
To ask the Parliamentary Secretary, Lord Chancellor's Department if the Government will publish the guidelines given to departmental record officers on judging whether the release of a document is likely to cause substantial distress or endangerment to a person mentioned in that document or to relatives of such a person. [89636]

§ Mr. Vaz
After an initial consultation draft in 1994, the Public Record Office produced guidance for departmental record officers in 1995. Copies of that guidance will be placed in the Libraries of both Houses. The guidance is currently being revised as part of the development of a Manual on Access to Public Records which will be issued 511W in September 1999. It is proposed that this manual should be available to the public.