1. 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

2. 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

3. 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

5. 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

6. “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

7. 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

9. 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

10. 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.

11. 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

12. 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

13. 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

14. 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

15. PRSA Assessment Team:

16. Questions?