Public Records (Jersey) Law 2002: Report on the work of the Jersey Heritage Trust and the States Archivist during 2008.

STATES OF JERSEY

PUBLIC RECORDS (JERSEY) LAW 2002: REPORT ON THE WORK OF THE JERSEY HERITAGE TRUST AND THE STATES ARCHIVIST DURING 2008

Presented to the States on 16th June 2009

by the Minister for Education, Sport and Culture

STATES GREFFE

2009   Price code: B  R.65

REPORT

Introduction

Under the Public Records (Jersey) Law 2002 the Archivist is required to provide an annual report to the States of Jersey. The 2008 annual report gives details of the assessment of the Jersey Archive against national standards, the care of and access to public records, legislative work, records management work, work undertaken as part of  the  historic  abuse  Inquiry  and  staffing  at  the  Jersey  Archive.  The  report  also highlights steps that should be taken by the States of Jersey to ensure the future sustainability of the Jersey Archive.

National Standards

In May 2008 the Jersey Archive was assessed by Dr. Norman James of The National Archive against BS5454: Recommendations for the storage and exhibition of archival documents (2000) and the wider ranging Standard for Records Repositories (2004). Dr. James was asked to measure how well Jersey Archive performs against national standards, make recommendations for improvements and development of the service and comment on the operation of its functions under the Public Records Law.

Dr. James' completed report includes the following key recommendations:

• That the proper implementation of the Public Records (Jersey) Law 2002 is impossible with current staffing levels.

• That  public  access  be  improved  and  the  cataloguing  backlog  stabilised through a package of measures, ideally moving back to the previous staff establishment of 11.

• That  an  infrastructure  of  departmental  information  managers  within  each States administration and the appointment of a permanent records manager on the staff of the Jersey Archive is imperative if the Archive is to carry out its duties under the Law.

The report highlights the excellent facilities at the Jersey Archive and also the high level of service provided by staff, but concludes that Jersey has a flagship archival operation whose facilities and staff are a credit to the Island but this achievement will be placed in jeopardy if the Jersey Archive is not adequately supported.'

Archival Public Records

In  2008,  63  new  collections  from  official  bodies  were  transferred  to  the  Jersey Archive. These collections contained over 13,000 individual items – over double the amount of records deposited by public institutions in 2007. In 2008, 28 cubic metres of records were transferred to the Archive. If transfers continue at this rate, the Jersey Archive will be full by 2017. The Archivist expects that the rate of transfer will not continue at current levels as many institutions have now deposited their older records and many future transfers will be made in a digital format. However, space in the Jersey Archive repositories will be monitored on an annual basis. All new collections have been fully accessioned, assessed by the Archive Conservator and placed in the strong-rooms at the Jersey Archive to await cataloguing.

Please see the attached Appendix for a full list of public records accessioned in 2008.

The Jersey Archive currently holds a quarter of a million public records, 70% are fully catalogued and accessible for members of the public to research. The remaining 30% are waiting to be catalogued before they can be made available to the public. With current staffing levels this represents a 21.4 year cataloguing backlog, an increase of 1.7 years on the backlog of 2007. In 2008, 4,843 items were catalogued by staff and 13,902 new items (both public and private records) were accessioned. These statistics show that with current staff levels the cataloguing backlog will continue to grow on an annual basis.

Public records currently held at the Jersey Archive are kept in an environmentally controlled secure strong-room which is monitored for temperature and humidity by the Conservator on a daily basis. In 2008 the Conservator spent 321 hours ensuring that all public records arriving at the archive were cleaned and repackaged. The Conservator is also responsible for a programme of active conservation of badly damaged items and in 2008 she repaired 13 items – nearly double the amount conserved in 2007. The archive currently holds 380 items in an unusable condition that are in need of active conservation work.

Each year the Jersey Archive completes a stock-take to ensure that public records are located correctly in the strong-rooms and that none have been misplaced during the year. In 2008, approximately 50,000 records were checked in stock-taking week and found to be in the correct locations.

Public access to Records

In 2008 the Jersey Archive was open to the public on 160 days of the year, and 3,506 readers made use of the facilities – an increase of 6.6% on footfall during 2007. The Archive also provides access to public records through its online catalogue and enquiries service. In 2008, staff answered over 1,100 written enquiries by letter or e- mail.  The  catalogue  received  a  total  of  90,000 visits,  with  over  10,000 visitors searching the archives for over 20 minutes.

Dr. James' report has identified the need for improvement in public access to Jersey's archival material. From statistical information contained in The National Archive's Public Services Quality Forum questionnaire, the Jersey Archive is in the bottom 5% of  archival  institutions  in  the  U.K.  for  opening  hours.  Between  September  and November 2008, local law firm Appleby sponsored 6 Saturday morning openings at the archive. This was a welcome development which saw a 200% increase in average attendance when compared to a weekday.

Closed Records

Under the Public Records Law, any information produced by a public body is closed to public access for 30 years unless it has been previously available, e.g. published reports. The Records Advisory Panel, appointed under the Law, has the ability to approve recommendations from the Archivist for longer closure periods on records of a sensitive nature, e.g. Children's Services or Hospital records.

In 2008, the Archivist reviewed 380 record series that are currently closed to public access for over 30 years. Recommendations on closure periods were discussed with public institutions and approved by the Records Advisory Panel at their quarterly meetings. The review resulted in a number of items being made accessible to the public after a reduced closure period.

In  November  2008,  the  Archivist  reviewed  80 files  that,  after  closure  periods  of 30 and 100 years, were due to be opened to public access in 2009. After review and consultation  with  the  public  bodies  that  created  the  records,  the  Archivist recommended that 78 files be opened to public access on 1st January 2009 and 2 files should be closed for longer periods of time under Part 5, Article 31(5)(a) of the Public Records  Law –  "an  unwarranted  invasion  of  the  privacy  of  an  individual".  The Records Advisory Panel agreed these recommendations on 8th December 2008.

Legislative work

In May 2008, the Archivist was asked by the Privileges and Procedures Committee (PPC) to respond to the following question –

What is the progress on implementation of the Public Records (Jersey) Law 2002? What funding or staffing issues remain to be resolved? Do you perceive that  the  requirements  for  the  Public  Records  Law  and  a  Freedom  of Information Law are closely linked?'

The Archivist sent a paper to PPC detailing the current progress under the Public Records Law, the relationship between Public Records and Freedom of Information legislation, and the funding/staffing implications for Jersey Heritage.

Records Management

In  January  2008  the  Archivist  sent  out  compliance  questionnaires  to  50  States Departments and Administrations whose records fall under Article 5 of the Public Records (Jersey) Law 2002. The questionnaire asked each administration to identify –

• the strategic importance of records management,

• records creation procedures,

• appraisal and disposal systems,

• the process in place for transfer of records to the Jersey Archive.

Since January 2008 the Archivist has met with or spoken to individuals from over 40 States Departments and Administrations to discuss their current compliance under the Public Records (Jersey) Law 2002. Compliance with the Law broadly falls into 2 categories –

• Transfer of any records identified as archives that are over 20 years old to the Jersey Archive.

• Establishment  of  a  retention  schedule  giving  details  of  records  currently created by each administration and identifying those records that should be transferred to the archive after a suitable period of time.

The Archivist has found that, whilst many administrations have transferred at least some archival material, there are still some administrations which have yet to transfer

any material over 20 years old to the Archive in compliance with the Public Records Law.  Of  even  greater  concern  was  the  fact  that  by  January  2008  none  of  the 50 administrations had signed off retention schedules in place – draft schedules were in place in some administrations.

In order to comply with the Public Records (Jersey) Law 2002, signed-off schedules should be agreed with the Archivist and put in place in each administration. The Archivist  has  started  to  work  with  administrations  to  ensure  that  schedules  are compiled and signed off. This is, however, a time-consuming task, and with current resources at the Jersey Archive will take several years to put in place. In 2008 the Archivist agreed signed off retention schedules with 4 public institutions.

Historic Abuse Inquiry

The events surrounding the Haut de la Garenne Inquiry have shown that it is vital for each  States  Administration  to  have  transparent,  accountable  and  well-organised record-keeping  systems  in  place.  The  Inquiry  has  highlighted  the  importance  of archives as evidence, and shown that their integrity is vital should they be produced in a court of law. The Jersey Archive has been a source of historic information for the States of Jersey Police over the past 12 months as they have investigated various aspects of the Inquiry. The Archivist has responded to 27 separate enquiries from the States of Jersey Police and spent 44 hours compiling information in response.

The Archivist has also worked closely with the Children's Services division of Health and Social Services throughout the year to ensure that records are appraised, listed and moved to the Jersey Archive as a secure impartial place of deposit.

In May 2008, the Archivist was asked by the Chief Minister's Department to prepare a paper  outlining  additional  resources  required  to  secure  historic  information  for  a potential Committee of Inquiry into Children's Care Homes. In September 2008, the request for additional resources went before the States of Jersey and a Service Level Agreement was signed in December. Under the agreement Jersey Heritage has agreed to appraise, catalogue and index records from key departments over a 2 year period. A member of staff has been appointed to assist with this work.

Staffing and value for money

In 2008, Jersey Heritage employed 4 professional staff at the Jersey Archive: the Head of Archives and Collections, 2 Archivists and one Conservator. The professional staff were ably assisted by 2 full- and 2 part-time support staff who are a vital part of the public service team.

In May 2008, the Archivist presented a paper giving details of the additional staffing required  to:  increase  opening  hours  at  the  Jersey  Archive;  start  to  stabilise  the cataloguing backlog; and meet the records management duties assigned to Jersey Heritage under the Public Records Law. Additional staff costs of c. £100,000 per annum would allow considerable progress in these 3 key areas.

Dr. James'  report  compared  the  current  service  provided  at  Jersey  Archive  with comparable duties provided across 2 organisations in the Isle of Man. He found that the combined staff of the Manx institutions is 11, but that of the Jersey Archive is currently only 7.5 (down from 11 in 2002). This imbalance is reflected in the current

salaries bill of Manx National Heritage and the Manx Public Record Office amounting to some £340,000, whereas that of Jersey is only £217,000.'

Records Advisory Panel

The Records Advisory Panel met on 4 occasions in 2008. The current members of the Panel were sworn in on 12th December 2003 and are appointed for a period not exceeding 6 years. The current Panel members' terms are therefore due to expire in December 2009. The Archivist wishes to thank the members of the Records Advisory Panel and the staff at Jersey Heritage for their support in 2008.

2009

In  2009,  the  Archivist  plans  to  continue  to  work  with  States  Administrations  to produce signed-off retention schedules. At current staffing levels, the Archivist aims to produce 3 signed-off schedules by the end of the year. Archive staff will also continue to work under the Children's Homes SLA to appraise and identify records in key  departments.  The  Archivist  also  plans  to  write  guidelines  for  States Administrations on the transfer of digital records to the Jersey Archive.

The Records Advisory Panel's terms expire in December 2009 and therefore a new Panel will need to be appointed by the Minister. In 2009, the Archivist and Records Advisory Panel plan to work together to raise the profile of the services provided by the Jersey Archive.

The Archivist will continue to highlight the need for greater staffing resources to enable Jersey Heritage to carry out its functions under the Public Records Law and to meet The National Archives Standard for Records Repositories.

Conclusion

Dr. James' report and the events surrounding the historic abuse Inquiry in 2008 have highlighted  that  it  is  vital  for  records  of  public  bodies  to  be  managed  correctly. Dr. James indicates that the Victoria Climbié Inquiry in England and the recent report on abuses in Scott ish children's homes have pointed out that only through the efficient management of records by public authorities can they be sure that proper evidence is maintained for the future allowing relevant individuals to be called to account.'

The importance of the correct management of, and access to, public records was identified by the States of Jersey when they voted to establish the Jersey Archive and to pass the Public Records (Jersey) Law 2002. Public Records are not only vital components  of  Government  accountability,  they  are  also  an  integral  part  of  our cultural heritage and provide written links with the past. The growth in family history over the past 10 years has proved that archive services are now a vital part of the community they serve and are guardians of our written heritage for future generations.

However,  the  sustainability  of  the  current  service  is  in  jeopardy  as  Dr. James highlights: The archives service in Jersey is professionally run in line with best practice  from  purpose-built  accommodation  The  service  does  not  however, currently have the staff resources needed to carry out the tasks allotted to it especially under the Public Records (Jersey) Law of 2002 and lack of staff is preventing the fruits of capital investment in the building from being fully realised At present, the

service does not have the resources to meet U.K. national standards for staffing and access as set out in The National Archives' Standard for Record Repositories (2004) which it aspires to meet. The Trust is conducting archival operations efficiently, but there is a growing gap between the responsibilities imposed on the service and its ability to meet them within the current financial settlement.'

Linda Romeril

Head of Archives and Collections Jersey Heritage

24th February 2009

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