The Public Records (Scotland) Act 2011 an agent for positive and lasting change? ‘Archival Accountability Gap’ Conference Northumbria University, 24 January 2017 Bruno Longmore Head of Government Records National Records of Scotland

Background Last Public Records Act in Scotland – dated 1937 Changes to public sector landscape Information explosion Records seen as history Make case for better records management 2

Public Records (Scotland) Act 2011 Came into force, 1 Jan 2013 First public records legislation in Scotland for over 70 years A “dull but worthy” Act? Achieved cross party support What imperative drove it? 3

Historical Abuse Systemic Review Petition to Scottish Parliament, on behalf of survivors of in-care abuse, 2002 Review set up 2004, led by Tom Shaw Shaw Report published, 2007 Large part of report dealt with multiple failures of record keeping Scottish Ministers accepted Shaw’s findings, 2008

“The Shaw report rightly makes important recommendations about records and record keeping. The first is the need for a review of public records legislation. There are clear advantages in such a review, as the existing law is more than 60 years old. We have therefore asked the Keeper of the Records of Scotland, in consultation, to review the legislation on public records in the light of the shortcomings that were exposed by Shaw”. Adam Ingram MSP, Scottish Parliament, 7 Feb 2008 6

Address weaknesses – develop robust plans Aims of the Act Address weaknesses – develop robust plans Achieve lasting improvements rather than quick fixes Foster new relationships Build trust and promote new culture that values public records Enable improvement and minimise burdens on authorities Address expectations of survivors and former care residents 7

Model Records Management Plan: 14 Elements 1. Identify Senior Management Responsibility 2. Identify Records Manager Responsibility 3. Records Management Policy Statement 4. Business Classification Scheme 5. Retention Schedules 6. Destruction Arrangements 7. Permanent Preservation 8. Information Security 9. Data Protection Policy 10. Business Continuity Plan and Vital Records 11. Retrieval and Document Tracking 12. Competency Framework for Records Manager 13. Review and Self assessment 14. Information Sharing

Impact of Care Sector for Record Keepers Since 1930’s, over 480,000 people have experienced care in Scotland Sector that considers it has been let down by government and record keepers Archivists delivering meaningful responses to care leavers where care records don’t survive.

Initiatives Raising Awareness about Records National Confidential Forum Reclaiming Lost Childhoods Talking Care Scotland Scottish Human Rights Commission Interaction on Historic Abuse Scottish Child Abuse Inquiry

Progress to Date Average 50 invitations per year 135 plans agreed Affects 250 named authorities Average 50 invitations per year 135 plans agreed 206 invitations sent out Five years to complete programme – by 2018 Produce annual report - not to highlight failure but raise standards 12

Looking Forward Quality assurance, scrutiny & review Maintain momentum – update guidance (using submitted evidence) continue to extend good practice extend outreach (surgeries, seminars, workshops, round table meetings) Support authorities’ own initiatives Support key contacts – offset culture of caution Improvement models – implement programme of review Facilitate engagement – e.g. with Scottish Child Abuse Inquiry 13

What do records do in people’s lives that nothing else does? “Getting my records has filled in blanks as I had lived a life of non-existence.  I had nothing of my past, nothing was there, it was empty ...” Care leaver statement supplied by In Care Survivors Service Scotland, July 2013. “We have an opportunity with the Act … to be the section of society that actually makes a difference to how future generations will be able to access our corporate and historical memory” Rosemary Agnew. Scottish Information Commissioner, December 2013 14

PRSA Assessment Team: public_records@nrscotland.gov.uk 0131 535 1418

Questions?