Historian sparks 'deep concerns' over council archive access policies
Concerns that council archive policy lacks due process for handling alleged rule breaches
A Tipperary historian and guest lecturer at the University of Limerick has raised concerns about updated archive access policies governing the use of Tipperary County Council Archives.
Dr Margaret O'Sullivan, whose research focuses on late nineteenth and early twentieth century landed estate and social history, said she became concerned after receiving a series of documents outlining conditions for access to the Tipperary Council Archive, which is based in Clonmel.
Dr O'Sullivan said she first used the archive a number of years ago while conducting research for her doctorate. At that time, she worked closely with the archivist and was able to access documents in a much more straight forward manner. “Before I went in to the archive, the archivist scanned some documents for me to confirm that these were related to my research. On the day that I visited, I was able to look at all the documents that I wanted.” "There was no issue taking photographs and using them in my research."
According to Dr O'Sullivan, concerns arose when she contacted the archive recently about examining a document she had previously identified as being worthy of further research. Before her visit, she received an email containing seven attachments outlining archive policies and conditions.
She said she found what she believed were inconsistencies between the documents. One example related to photography. While one section indicated photographs could be taken with the archivist's consent, Dr O'Sullivan said other documents required researchers to sign over copyright relating to photographs they had taken. She also questioned restrictions on the use of mobile phone cameras, stating that when she asked under what legislation such a restriction was based, she did not receive an answer.
Another concern related to the level of personal information required from applicants before gaining access to the archive. "They wanted your qualifications, associations with any groups and a lot of detail before they let you in," she said.
A further issue highlighted by Dr O'Sullivan was a policy she said that would allow Tipperary County Council to inform other local authority archives of breaches of archive rules. She said she was concerned there was no clear right of appeal, no outlined procedure for determining whether a breach had occurred and no legislation cited to support the measure.
"I could be accused of breaching the rules and all local authorities in the country could be informed of my alleged transgression," she said. She subsequently contacted the archivist, the council's Data Protection Officer and Director of Services Eamon Lonergan to raise her concerns. She said she received replies after following up her initial correspondence.
In reply, referenced by Dr O'Sullivan, County Archivist Claire Hyland outlined the purpose of the policy. Ms Hyland stated in an email dated June 11, 2026. "The policy of informing other local authority archives in Ireland of the transgressions of readers who have broken the rules and policies of TCA serves an important purpose. The intention of this clause is to protect the integrity and security of the archival services of local authorities in Ireland nationwide. It would be remiss of Tipperary County Council not to notify its fellow archives in the event of a breach of TCA's Access Policy.”
However, Dr O'Sullivan said the explanation had not alleviated her concerns regarding due process and the potential impact on researchers' reputations. She said the policies could affect a wide range of archive users, including academics, journalists, school and university students, family historians and independent researchers.
In emails outlining her concerns, Dr O'Sullivan argued that the policies were overly restrictive and had the potential to deter legitimate researchers from using the archives. She also questioned copyright provisions contained within the documentation, arguing that councils do not necessarily hold copyright over all materials contained within an archive collection.
Dr O'Sullivan further expressed concern that similar policies may be appearing in other local authority archives. She said she reviewed documentation from local authorities including Kildare, Galway and Dún Laoghaire-Rathdown and believed some provisions could create uncertainty for researchers regarding access and use of archival material.
She has brought the issue to the attention of organisations including the Irish Association of Professional Historians, the Women's History Association of Ireland and the Oral History Network.
Dr O'Sullivan believes the council should undertake a full review of its archive access policies.
"I think Tipperary County Council should review their policies in total," she said. "I think they should make them simpler for people to follow and not have differences between the different documents."
She said the National Archives in Dublin could provide a useful model for future policy development and reiterated her concern regarding the sharing of information about alleged rule breaches with other local authorities. "I do think they have to review their condition about informing other local authorities of any transgressions," she said. "I think that is deeply concerning."
The Tipperary Star contacted Tipperary County Council for comment. In their response they stated: “Following concerns recently raised regarding aspects of the Council’s Access Policy for Tipperary County Archives, the Council is currently reviewing the matters identified and will introduce any appropriate updates where necessary.
A number of improvements have already been implemented as part of this process. Tipperary County Council is strongly committed to ensuring that the Archives service is open, accessible and welcoming to all members of the public.
The Archives regularly receives visitors and supports a wide range of enquiries—whether in person, by phone or by email—relating to local history, genealogy, agriculture and other research interests.
The Access Policy is designed to support this openness while also fulfilling an important responsibility: the long-term protection and preservation of archival records for the benefit of current and future generations. Many of the records held are unique, irreplaceable, and in some cases contain sensitive or personal information.”
They added by stating in that context, it is important to note:
“References within the policy to the sharing of information on breaches apply only in very limited circumstances, specifically in relation to “closed archives”. These are records of a sensitive or personal nature, such as hospital or case records, where there is a heightened duty of care.
Visitors are generally permitted to take photographs of records using mobile devices. However, restrictions apply to certain sensitive materials, and the agreement of the Archivist is required in such cases to ensure that legal and ethical obligations are upheld.
The current Access Policy was approved in 2019 by the Local Government Archivists and Records Management Group and reflects sectoral best practice.
The Archives operates in accordance with the Copyright and Related Rights Act 2000, which governs the reproduction of archival material across all archival services in Ireland.”
“The Archives facility itself is purpose-built, with secure, climate-controlled storage to ensure the preservation of records. It includes a reading room open by appointment, equipped to support researchers in handling archival materials safely, as well as dedicated conservation and processing areas.
Tipperary County Archives continues to welcome members of the public and remains committed to balancing accessibility with the careful stewardship of records, ensuring that these valuable resources are protected and available for generations to come.”