Public records review

Scottish Ministers have published a consultation paper outlining their proposals to improve the management of public records in Scotland. Ministers have invited public comment on their proposals, set out in the consultation paper and accompanying Business and Regulatory Impact Assessment. The full consultation paper can be found on the Scottish Government website.

Subject to the replies received, a Bill implementing the proposals will be put before the Scottish Parliament when a legislative opportunity arises. Scottish Ministers encourage you to take part in this process, to consider the details, and to let them know what you think. Copies of the documents are available here to download: Consultation paper - Acrobat PDF, 144KB, new window; BRIA - Acrobat PDF, 37.2KB, new window. An easy read version of the consultation paper is also available to download here: Easy read consultation paper – Acrobat PDF, 719KB, new window.

Public records provide the essential evidence of who we are as individuals, as communities and as a nation. They are our collective memory and the basis for individual rights and obligations. They ensure government accountability and provide transparency for the citizen. The government’s proposals will allow public authorities to address weaknesses in record keeping which have been identified within individual sectors. The proposals cover named public authorities, including local authorities, which generate or receive records in the course of their business. The aim is to improve practice by authorities across Scotland, enabling them to create not more but better public records.

In 2009, The Keeper of the Records of Scotland completed a review of Scottish public records legislation in light of the recommendations made by The Historical Abuse Systemic Review of Residential Schools and Children’s Homes in Scotland (the Shaw Report). The need for improvement was exemplified by the failures in record keeping identified by the Shaw Report. This pointed to shortcomings in the regulatory framework for children in care and identified records management problems, particularly in relation to the preservation of historical records and access rights.

The Keeper’s findings were presented to Scottish Ministers at the end of 2009. A copy is available to download:

Report to Scottish Ministers on the Recommendations of the Shaw Report, October 2009 - Acrobat PDF, 403KB, new window

Responses to the public consultation paper are requested by Wednesday 4 August 2010.