Public Records (Jersey) Law 2002: Annual Report of the Archivist for 2011

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 18 April 2012:

Decision Reference: MD-ESC-2012-0010
Decision Summary Title :	Public Records (Jersey) Law: Annual Report of Archivist		Date of Decision Summary:	17 April 2012
Decision Summary Author:	Rod McLoughlin, Cultural Development Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Annual Report of the Archivist under the Public Records Law		Date of Written Report:	3 April 2012
Written Report Author:	Rod McLoughlin, Cultural Development Officer		Written Report : Public or Exempt?	Public
Subject: 2011 Report of the Archivist under the Public Records (Jersey) Law 2002
Decision(s): The Minister noted the report of the Archivist under the Public Records (Jersey) Law 2002 and directed that it should be published in pursuance of Article 45 (1) of the Law.
Reason(s) for Decision: There is a statutory requirement for the Archivist to publish an annual report to the States under the above Law.
Resource Implications: There are no resource implications.
Action required: The report of the Archivist is to be submitted to the States Greffe for presentation to the States.
Signature:		Position: Minister for ESC
Date Signed:		Date of Decision:

Public Records (Jersey) Law 2002: Annual Report of the Archivist for 2011

Education, Sport and Culture Department Report
Subject:	Report of the Archivist 2011
Exempt Clause:		Date:	3 April, 2012

Author:	Rod McLoughlin

Introduction

Under article 45 of the Public Records (Jersey) Law 2002 the Archivist is required to present an annual report to the States. The report for 2011 has been submitted by the Archivist and is attached to this paper.

Background

The Public Records Law requires the Archivist to make to the States a report ‘on the performance of her functions, and those of the Trust, under this Law during [the] year; and such developments during [the]year in the making, management and keeping of public records as are relevant to Jersey’.

In recent years a theme of the report has been the shortage of funding for the Archive and the challenges which this has brought. These were identified formally in a report into the Archive Service in 2008 by the National Archive.

3. Key issues

The 2011 report reiterates the importance of resolving this issue and it draws attention to the impact on public access to the archive and the significant backlog in the cataloguing of public records. In turn, these shortcomings impact upon the capacity of the Archive to respond to the Freedom of Information Law when it comes into force.

The SOCITM implementation plan for the Law published in 2011 quantifies additional annual funding of £100,000 for additional cataloguing and public records resource to meet ongoing requirements. In addition, there is a further need for £50,000 per annum if normal public opening of the Archive is to be restored. These two sums were highlighted recently in a report by ESC’s Assistant Director – Policy and Planning to the Council of Ministers, recommending the establishment of a programme board to plan for implementation of the Law. The report was agreed and one of its early tasks will be to prioritise steps for the introduction of the Law which include resolving the funding issue highlighted by the Archivist.

To this extent, therefore, the cost issues set out in the extracts from the narrative to the Draft Freedom of Information (Jersey) Law (9.51 and 9.52) quoted on page 6 of the report are being addressed. It would be for the programme board to decide whether the further short-term support identified at 9.53 of the Law, also quoted on p.6 of the Archivist’s report, was also a priority in its recommendations.

The Archivist’s report also draws attention to the finite storage capacity of the archive and the fact that, if deposits were to continue at current rates, space would be exhausted by 2019. Jersey Heritage has confirmed that it intends to advance to the Department proposals for additional storage to be built at the Archive. This falls outside the scope of the Trust’s refurbishment and refreshment programme and would require a capital bid to the Treasury.

4. Recommendation

It is recommended that the report of the Archivist for 2011 is sent to the States Greffe for publication as a report to the States as required by the Public Records (Jersey) Law.