Archives New Zealand Chief Archivist s Report to the Minister. Public Records Act 2005 Audits 2010/2011

Transcription

1 Archives New Zealand Chief Archivist s Report to the Minister Public Records Act 2005 Audits 2010/2011

2 Table of Contents 1. Introduction 2. Executive summary 3. Audit Programme Background 4. Audit Programme Methodology 5. Risks associated with Recordkeeping 6. Scope of audits 7. Key overall audit findings 8. Audit Programme Continuous Improvement Approach Appendix One: Public Offices Audited 2010/2011 Appendix Two: Audit Programme Budget Appendix Three: Extracts from the Public Records Act 2005

3 1. Introduction This is the first report I have prepared as Chief Archivist for the Minister, under section 35 of the Public Records Act 2005 (the Act) on the audits conducted under section 33 in the 2010/2011 financial year. This report covers the first 38 audits, undertaken between July 2010 and June Individual reports have been provided directly to each of the 38 public offices. The sections of the Act providing for the independent audit of specified recordkeeping practices within public offices are attached at Appendix 1. As this is my first report on findings of these audits, I have taken the opportunity to describe the methodology adopted in some detail in section 4 of this report. Since the passing of the Act, Archives New Zealand has worked with public offices to develop audit methodology to achieve the purposes of the legislation. The programme being implemented will see Archives New Zealand audit public offices on a 5 year cycle, with over 200 public offices scheduled for audit in the 5 year period commencing July The purposes of the Act include enabling Government to be held accountable through records of its affairs, and enhancing public confidence in the integrity of public records. The auditing of specified recordkeeping practices, and reporting of findings to Parliament directly contribute to those objectives. Greg Goulding Chief Archivist and General Manager Archives New Zealand Department of Internal Affairs

4 2. Executive Summary During 2010/11 Archives New Zealand carried out the first year of audits under section 35 of the Public Records Act Since the passage of the Act, the audit programme has been designed and implemented, and is structured to assess progress with the development of systematically managed recordkeeping capability in public offices. The audits in the reporting year focused on implementation of mandatory standards issued under the Act, recordkeeping directions and capability in public offices, and awareness of recordkeepingrelated business risks. The audit found no evidence of significant failure to meet the requirements of the Act. Some organizations did not appear to be meeting all requirements of the Storage Standard issued under the Act: steps have been taken to address the relevant issues with the agencies involved. All 38 public offices are making good progress with developing recordkeeping capability, and are aware of their requirements and responsibilities. Overall the awareness of requirements is good, there is evidence of work being done in the records management areas and a high level of commitment to recordkeeping capability improvement was found within all public offices.

5 3. Audit Programme Background The Public Records Act 2005 sets the framework for recordkeeping across government. Some recordkeeping requirements are set out directly in the Act, while more detailed obligations are put in place through the standard setting provisions of the legislation. Since 2006 the Public Records Act Standards Programme has been in place, and previous Chief Archivists and I have issued four mandatory standards that prescribe good recordkeeping practice: - S2 Storage Standard - S7 Create and Maintain Recordkeeping Standard - S8 Electronic Recordkeeping Metadata Standard - S9 Disposal Standard Mandatory standards are developed with input from public offices, and subject to consultation before they are issued. The Disposal Standard was issued in June 2010, but in order to give public offices lead time to implement its requirements compliance is not required until July Accordingly this standard will become part of the audit framework from the 2012/13 year. In Budget 2008, $4.2m crown funding was provided for the Public Records Act 2005 Audit Programme. Following a preliminary planning phase, the audit team was appointed in 2009 and the detailed development and implementation of the Public Records Act 2005 Audit Programme framework and processes commenced. Audit standards and procedures were developed and independently reviewed by Office of the Auditor General (OAG). An online Audit Client Self-assessment Application was developed to provide a consistent approach to evidence gathering. In 2010, user acceptance testing for the Audit Client Self-assessment Application commenced and in July 2010 initial audit partners were notified of their official audit. Onsite audits for the initial audit partners commenced December The design of the audit methodology reflects Archives New Zealand s assessment of the current recordkeeping environment, based on survey and operational information, and as described in my reports to the Minister on the state of recordkeeping within public offices under s32 of the Act. In particular, there is evidence that since the passage of the Act, public offices have undertaken significant work to improve recordkeeping practice, and that awareness of the business benefits of good recordkeeping is improving. It is also clear that best practice in digital recordkeeping is still developing, and there are opportunities to embed good recordkeeping practices into new technology-enabled business systems. Archives also recognises that recordkeeping audits are a new intervention, and we need to ensure they positively support effective and efficient recordkeeping, and contribute to the Act s purpose of public confidence in the integrity of public records.

6 Through the Public Records Act 2005 Audit Programme, Archives New Zealand provides New Zealanders with assurance that: specified recordkeeping practices of public offices are monitored for fitness-forpurpose; recordkeeping areas that would merit further investigation/focus are identified and reported to the public office chief executives; recordkeeping practices not fit-for-purpose and instances of non-compliance are brought to the attention of public office chief executives and governance bodies by the Chief Archivist, together with recommendations for corrective or remedial action; public office progress with corrective or remedial action is monitored and reported; evidence suggesting improper or unlawful activity or systemic management failure is followed up by Archives New Zealand with the appropriate agencies, and timely and reliable information about recordkeeping practices is provided to the responsible Minister and the House of Representatives.

7 4. Audit Programme Methodology Each public office is audited using the same process, to ensure consistency of findings. Audit compliance is measured from a continuous improvement perspective rather than using a pass/fail approach. The audit is designed to assess progress with the development of a systematicallymanaged recordkeeping capability. The 8 steps shown in the Audit Lifecycle below are followed by the audit team for every audit client. This allows a structured approach and ensures continuity and consistency with each individual client. Audit Lifecycle 1. Planning 8. Audit Reports 2. Client Notification 7. Onsite Audit 3. Senior Responsible Officer Visit 6. Desktop Review 4. Audit Engagement Letter 5. Client Self-assessment 1. Planning The audits are scheduled by financial year, allowing a balanced cohort to be selected, and interactions to be efficiently scheduled. Once the group for the year is identified, planning and resource allocation for each individual audit commences.

8 2. Client Notification The Chief Executive of each public office to be audited is notified by the Chief Archivist of the scheduled audit and a nomination for a Senior Responsible Officer (SRO), who will be the key contact for the audit, is requested. This notification takes place six months prior to the onsite audit. 3. Senior Responsible Officer Visit The audit team meet with the SRO to outline the audit process, agree scope and timeframes, identify what documentation can be supplied to the auditors. 4. Audit Engagement Letter The agreed scope, timeframes, key contacts, additional sites for physical storage inspections and other relevant details are confirmed in writing to the client s SRO. 5. Client Self-assessment A self assessment is completed by the audit client (SRO), using the online application developed by Archives. The self-assessment is based on the core statutory requirements of the Public Records Act 2005 and related mandatory recordkeeping standards, and reflects the audit criteria developed by the Chief Archivist. The client self-assessment application assesses organisational maturity against 8 recordkeeping capability areas. They are - Management: Planning Resourcing Training Reporting Operational: Create/Capture Retrievability/Security Maintain/Storage Disposal/Transfer The SRO rates their organisation s progress, coverage and their intentions to progress in relation to each attribute contained in the self-assessment, and provides documentary evidence to support the rating. 6. Desktop Review Archives New Zealand staff validate the ratings of the clients self-assessment with the documentary evidence provided. An audit plan containing focus questions for the onsite audit is developed from this review.

9 7. Onsite Audit Independent auditors conduct an onsite audit using the audit plan to validate the clients selfassessment and recordkeeping capability. Archives New Zealand use external audit providers to carry out the onsite audit. Onsite audits always include a physical storage inspection of the site being audited. 8. Reports Client Self-assessment Report the self-assessment. A preliminary client report is produced at the completion of Audit Findings Report At the completion of the audit, the public office receives an Audit Findings Report, with final ratings, and a letter from the Chief Archivist containing recommendations for capability improvement. If appropriate, this will also contain directions to report back on progress following-up these recommendations. Chief Archivist s report to the Minister As required by s35 of the Act, at the conclusion of each year s audits an annual report of the audit findings for all audits carried out within the financial year is provided to the Minister for presentation to the House. This report takes the form of an overview of findings and recommendations.

10 5. Risks associated with Recordkeeping The audit approach makes explicit to public offices the fact that failure to manage records satisfactorily exposes organisations to a range of business risks: Strategic Risks include governance failure, strategic objectives not being met, an incorrect business model, failure to monitor external forces etc. Operational Risks include ineffective or inefficient process execution in both core business process and finance, Human Resources, supply chain management etc. Reporting Risks include financial reporting risks, performance reporting risks, integrity of intellectual property etc. Reputational Risks include stakeholders confidence in the organisation s effectiveness in its role as steward, service provider, asset owner etc. Compliance Risks include non-compliance with statutes, environmental laws, treaties, codes of practice, rules, guidelines etc. Examples of business risks associated with poor recordkeeping are given in more detail in the table below: Strategic Loss of records which support New Zealand s cultural and national identity Poor strategic planning and poor decisions made on inaccurate information Inability to use organisational information and knowledge to full potential Constrained business and information management strategies Inability to automate process and to secure efficiency benefits Operational Inability to transfer data across organisational systems Inability to deliver services due to the loss of information Inability to retriever and interpret records in obsolete formats or systems Information is inaccessible or unsuitable for the conduct of business Inability to provide a record for specific transactions Inconsistent, ineffective and inefficient conduct of business Reporting Inability to provide reliable evidence summarising activities or undertakings Reduced capability to demonstrate good performance Misleading the minister or other key stakeholders Reputation Embarrassment to the chief executive, minister, the government and individuals Damage to reputation, loss of credibility, lowered public confidence

11 Compliance Failure to meet legislative and regulatory requirements Unlawful disposal of records Inability to provide assurance of legislative compliance Inability to provide records or provide evidence

12 6. Scope of audits In accordance with s33(2) of the Act, I specified that the following aspects of recordkeeping practice be the focus of the audits for the financial year 2010/2011: Three Mandatory Standards Create and Maintain Recordkeeping Standard Electronic Recordkeeping Metadata Standard Storage Standard Direction and planned outcomes Recommendations for capability development Awareness of business risks Archives New Zealand audits public offices on a 5 year cycle. This report covers the first 38 audits, undertaken between July 2010 and June The programme has been designed to audit a broad range of entities in each annual cohort. A breakdown of offices audited by entity type for the 2010/2011 financial year is given below. Entity Type Number Audited 2010/2011 Autonomous Crown Entities 5 Crown Agents 7 Crown Agents- District Health Board 1 Crown Entity Company 2 Crown Entities - TEIs - Polytechnic 2 Crown Entities - TEIs- Universities/Wananga 1 Crown Entity Companies - Crown Research Institute 2 Independent Crown Entities 5 Non Public Service Departments 1 Offices Of Parliament 1 Public Finance Act 4th Schedule Organisations 2 Public Service Departments 6 State Owned Enterprises 3 Total 38 Refer Appendix One for a full list of public offices audited for the 2010/2011 financial year.

13 7. Key Overall Audit Findings The audit found no evidence of significant failure to meet the requirements of the Act. Some organizations did not appear to be meeting all requirements of the Storage Standard issued under the Act: steps have been taken to address the relevant issues with the agencies involved. All 38 public offices are making good progress with developing recordkeeping capability, and are aware of their requirements and responsibilities. It should be emphasised that the audits are designed to assess overall recordkeeping programme maturity, concentrating on systemic strengths and weaknesses rather than focussing on individual instances of recordkeeping in the agency. Even robust and mature recordkeeping systems cannot ensure that recordkeeping failures will never occur. Good recordkeeping does, however, provide confidence that related risks are being well-managed. This is reflected in the fundamental requirements of the Public Records Act that all public offices will take appropriate steps to ensure that a record of important activities is created and maintained, and that this being the case, no steps are taken to undermine this through unauthorised disposal. Overall the awareness of regulatory requirements is good, there is widespread evidence of work being done in the records management areas. A high level of commitment to recordkeeping capability improvement was found within all Public Offices. Positive steps demonstrated during the onsite audits include: Development of well thought-out and documented records management procedures Engagement of Archives New Zealand to advise and support activities in regards to the appraisal of high value records, legacy records and disposal of records Development of policy and procedure monitoring, reviewing and reporting processes Use of a risk based approach to identify recordkeeping development needs and projects set up to address issues/gaps identified during the analysis Collaboration between entity types to improve recordkeeping capabilities. Individual public offices have received recommendations specific to their business and current situation, which address particular risks and opportunities for improvements. Recommendations made in individual Audit Finding Reports include: Development of registers for incoming OIA/Ministerial queries and responses Inclusion of recordkeeping accountabilities in job descriptions and training plans Contacting specific teams within Archives New Zealand to discuss Disposal and Transfer activities, Arrangement and Description requirements for transfer Implementation of disposal through the use of the General Disposal Authorities The documentation seen during all the audits gives confidence to the recordkeeping ability of all 38 organisations. Stakeholders can therefore have a measure of assurance that recordkeeping is consistent with good practice, and contributing to broader organisational, governmental and societal goals.

14 Overall, however, the analysis of the operating environment shows there is variable recordkeeping practices within public offices. Of particular note is the variable use of General Disposal Authorities. These authorities apply across a wide range of public offices, and there is evidence of opportunities to reduce the costs associated with storage both onsite and offsite. Findings and Recommendations for Physical Storage Inspections Every audit includes a physical storage inspection of records held onsite. Where a public office has multiple sites where physical records are held, additional sites are selected for this storage inspection process. The results are included as part of the office s Audit Findings Report. The inspections audit against the requirements contained in the Storage Standard. The overall findings were that most of the storage facilities were being well managed and maintained satisfactorily. Some storage facilities were found to be performing below the minimum requirements as set out in the storage standard. These public offices have been contacted by the appropriate staff with Archives New Zealand to work through the issues to bring the facility back up to a satisfactory level.

15 Summary of Final Audit Findings for the Year The summary of final audit findings shows aggregate results for public offices audited in the financial year. The shading indicates best fit across the body of audited public offices. Individual audit clients rated at each level for the particular element is shown in the percentage (%). General Business Activities - Summary Planning Stage Initiation Description Policy and planning initiated. Achievement Shows evidence of a managed approach for the management of records. 0 % 19 % 76 % 5 % Establishment Policy and plans are being implemented. Awareness of the need for and basic implementation of recordkeeping requirements. 5 % 50 % 45 % 0 % Capability Policy and plans are regularly reviewed and updated. Awareness of the need for and basic implementation of recordkeeping requirements 13 % 47 % 37 % 3 % Resourcing Stage Description Achievement Initiation Resourcing requirements for recordkeeping identified. Shows evidence of a managed approach for identifying resourcing requirements for the management of records. 0 % 19 % 55 % 26 % Establishment Resourcing for recordkeeping established. Shows evidence of a managed approach for identifying resourcing requirements for the management of records. 3 % 26 % 32 % 39 % Capability Succession planning and resourcing is part of business plans. Shows evidence of a managed approach for identifying resourcing requirements for the management of records. 13 % 29 % 42 % 16 % Legend Absent Aware No evidence of management understanding. No systematic approach to recordkeeping requirements. This can lead to unpredictable outcomes. Represents 0 25% of indicator attributes demonstrated to this level. Awareness of the need for, and basic implementation of, recordkeeping requirements is evident. This can show uncoordinated and incomplete approaches which can lead to inconsistent outcomes/results. Represents >25% - <50% of indicator attributes demonstrated to this level. Actioned Embedded Evidence of a managed approach to recordkeeping is apparent. Represents >50% - <75% of indicator attributes demonstrated to this level. Effective management of records is fully integrated throughout the organisation and continuous improvement is evident. Represents >75% - <100% of indicator attributes demonstrated to this level.

16 Summary of Client Self Assessments Year 2010/2011 Training Stage Initiation Establishment Capability Description Training needs analysis undertaken. Training programme established. Training programme actively monitored, reviewed and updated. Achievement Shows evidence of a managed approach for identifying training 13 % 16 % 50 % 21 % requirements for the management of records. Awareness of the need for and basic implementation of systems 16 % 29 % 50 % 5 % and/or controls for training requirements. Awareness of the need for and basic implementation of systems 16 % 37 % 47 % 0 % and/or controls for training requirements. Reporting Stage Description Achievement Initiation Reporting requirements identified. Shows evidence of a managed approach for identifying reporting requirements for the management of records. 8 % 42 % 42 % 8 % Establishment Basic operational reporting established. Awareness of the need for and basic implementation of systems and/or controls for reporting requirements. 21 % 53 % 26 % 0 % Capability Recordkeeping is part of organisational risk and reporting framework. Shows evidence of a managed approach for identifying reporting 16 % 32 % 39 % 13 % requirements for the management of records.

17 Summary of Client Self Assessments Year 2010/2011 Specific Recordkeeping Practice - Summary Creation & Capture Stage Initiation Description Recordkeeping requirements have been identified. Achievement Shows evidence of a managed approach for the creation and capture of records. 2 % 45 % 45 % 8 % Establishment Systems and controls are implemented. Awareness of the need for and basic implementation of systems and/or controls for the creation and capture of records. 8 % 58 % 37 % 5 % Capability Systems and controls are actively monitored and reviewed. Awareness of the need for and basic implementation of systems and/or controls for the creation and capture of records. 24 % 47 % 29 % 0 % Retrievability & Security Stage Description Achievement Initiation Recordkeeping requirements have been identified. Shows evidence of a managed approach for the retrievability and security of records. 0 % 23 % 58 % 19 % Establishment Systems and controls are implemented. Shows evidence of a managed approach for the retrievability and security of records. 2 % 45 % 45 % 8 % Capability Systems and controls are actively monitored and reviewed. Shows evidence of a managed approach for the retrievability and security of records. 8 % 26 % 50 % 16 %

18 Summary of Client Self Assessments Year 2010/2011 Maintenance & Storage Stage Description Achievement Initiation Recordkeeping requirements have been identified. Shows evidence of a managed approach for the maintenance and storage of records. 8 % 25 % 65 % 2 % Establishment Capability System and controls are implemented. System and controls are actively monitored and reviewed. Shows evidence of a managed approach for the maintenance and storage of records. 10 % 35 % 39 % 16 % Awareness of the need for and basic implementation of systems and/or controls for the maintenance and storage of records. 37 % 35 % 23 % 5 % Disposal & Transfer Stage Initiation Establishment Capability Description Development of disposal authorities and implementation plans initiated.. Authorised disposal authorities and implantation plans established. Disposal of records actively managed. Achievement Shows evidence of a managed approach for the disposal and transfer of records. 16 % 34 % 32 % 18 % Awareness of the need for and basic implementation of systems 35 % 39 % 23 % 3 % and/or controls for disposal and transfer of records. Awareness of the need for and basic implementation of systems 29 % 34 % 32 % 5 % and/or controls for the disposal and transfer of records.

19 8. Audit Programme Continuous Improvement Approach The Audit programme has actively gathered feedback from public offices and stakeholders to refine the Public Records Act audit process, methodology, application and reporting approach. This reflects my desire to ensure that the Public Records Act audit programme continues to develop demonstrable value to the wider public sector and also progressively improve. The programme aims to limit demand on client resources, and support business planning, risk management and internal audit reporting activity. The reporting seeks to avoid pass / fail thinking and behaviours and focus on capability improvement. As a result of feedback in the 2010/11 year the primary areas to be addressed are: 1. Questions contained in the Audit Self-assessment Application: a full review of questions removal of duplication removal of records management jargon This is to ensure that the questions are easily understood and can be interpreted consistently across all entity types. 2. Audit Self-assessment Application use by the Public: Review of application for open access use Development/review of technical specification and user requirements This is to allow public offices to independently measure recordkeeping capability within the organisation and for public offices who have been through an audit, to measure improvement in capability since their audit. 3. Tools to assist information, document and evidence gathering: Development of Client Information Packs which are handed out at Senior Responsible Officer meeting. This pack contains: Questions contained in the self-assessment Mapping of questions to the requirements in the mandatory standards Examples of documents which could be used as evidence to support ratings to the questions Generic presentation to be used if the Senior Responsible Officer is required to present to their management team Flyers promoting training, forums, conferences, services carried out by Archives New Zealand.

20 Development of spreadsheets containing questions, ratings, examples of evidence to be used by larger organisations to enable them to collect information prior to completing the self-assessment. All of the above helps decrease the additional time, and resourcing during the audit process.

21 Appendix One: Public Offices Audited in 2010/11 Organisation Alcohol Advisory Council of New Zealand Animal Control Products Broadcasting Commission Broadcasting Standards Authority Crown Law Office Department of Conservation Drug Free Sport New Zealand Electricity Corporation of New Zealand Limited Energy Efficiency and Conservation Authority Environmental Risk Management Authority Families Commission Health and Disability Commissioner Health Research Council of New Zealand Health Sponsorship Council Institute of Geological and Nuclear Sciences Learning Media Limited Maritime New Zealand Ministry of Fisheries Ministry of Pacific Island Affairs Ministry of Transport National Institute of Water and Atmospheric Research Limited New Zealand Blood Service Entity Type Autonomous Crown Entity State Owned Enterprise Autonomous Crown Entity Independent Crown Entity Public Service Department Public Service Department Independent Crown Entity State Owned Enterprise Crown Agent Autonomous Crown Entity Autonomous Crown Entity Independent Crown Entity Crown Agent Crown Agent Crown Entity Crown Research Institute State Owned Enterprise Crown Agent Public Service Department Public Service Department Public Service Department Crown Entity Crown Research Institute Crown Agent

22 Organisation New Zealand Film Commission New Zealand Fish and Game Council (National Office) New Zealand Game and Bird Habitat Trust New Zealand Qualifications Authority New Zealand Venture Investment Fund Limited Office of Film and Literature Classification Office of the Parliamentary Commissioner for the Environment Open Polytechnic of New Zealand Parliamentary Counsel Office Radio New Zealand Limited Securities Commission Sport and Recreation New Zealand State Services Commission Waikato District Health Board Whitireia Community Polytechnic Victoria University Entity Type Autonomous Crown Entity Public Finance Act 4 th Schedule Organisation Public Finance Act 4 th Schedule Organisation Crown Agent Crown Entity Company Independent Crown Entity Office of Parliament Crown Entity TEIs - Polytechnic Non Public Service Department Crown Entity Company Independent Crown Entity Crown Agent Public Service Department Crown Agent District Health Board Crown Entity TEIs - Polytechnic Crown Entity TEIs University/Wananga

23 Appendix Two: Audit Programme Budget Crown Funding Crown funding for the audit programme covers seven financial years, from to and funding was for programme establishment and implementation funding is for routine audit operations. The financial model for the audit programme forecast total operating costs as follows: Year 2008/9 2009/ / / / / / /15 Total Operating Cost 229, , , , , , ,830 4,123,312

24 Appendix Three: Extracts from the Public Records Act 2005 Section 3 Purposes of Act (c) to enable the Government to be held accountable by (i) ensuring that full and accurate records of the affairs of central and local government are created and maintained; and (ii) providing for the preservation of, and public access to, records of longterm value; and (d) to enhance public confidence in the integrity of public records and local authority records; and (e) to provide an appropriate framework within which public offices and local authorities create and maintain public records and local authority records. Section 35 Audit Reports As soon as is reasonably practicable after the end of the financial year in which an audit has been conducted: (a) the Chief Archivist must prepare a report to the Minister on the audits conducted under section 33; and (b) the Minister must prepare a report on the audit conducted under section 34; and (c) in each case, the Minister must present the report the House of Representatives. Section 11 Functions and duties of Chief Archivist (1) The functions of the Chief Archivist, in achieving the purposes of this Act, are (b) in relation to public records (vi) to monitor and report on compliance of public offices with this Act; (viii) to issue criteria for the independent auditing of public offices under section 33 and to review, amend, or revoke the criteria. Section 33 Independent audit of public offices (1) As soon as is reasonably practicable after the date that is 5 years from the commencement of this Act, an independent audit of recordkeeping practices must be carried out in every public office.

25 (2) The Chief Archivist must commission and meet the costs of each audit, which must (a) Cover the aspects of recordkeeping practices specified for the purpose of the audit by the Chief Archivist; and (b) Be based on criteria developed by the Chief Archivist. (3) Further audits must be conducted at intervals of not less than 5 years and not more than 10 years after the date of the previous audit (but it is not necessary to conduct an audit of all public offices in the same year). Section 34 Audit of Recordkeeping Practices of Chief Archivist (1) The Minister must commission an independent audit of the recordkeeping practices of the Chief Archivist (a) as soon as is reasonably practicable after the date that is 5 years from the commencement of the Act; and (b) at intervals of not less than 5 years and not more than 10 years after the date of the previous audit. (2) An audit commissioned under subsection (1) must (a) cover the aspects of recordkeeping practices specified for the purpose of the audit by the Minister; and (b) be based on criteria specified by the Minister on the advice of the Archives Council.