Libraries are set to be a legal testing-ground for David Cameron's vision of the "big society", with lawyers arguing that the prime minister's "vague notions" are not enough to fulfil councils' legal obligations to their library services.
A high-court challenge has been launched by Birmingham-based human-rights law firm Public Interest Lawyers (PIL) against Gloucestershire and Somerset councils, both of which are planning major library cutbacks. Acting on behalf of local library users, PIL has written to the councils to give notice that an application for judicial review will be lodged within weeks.
The firm is disputing the legality of the councils' plans, given the statutory obligation under the 1964 Public Libraries and Museums Act for local authorities to provide a "comprehensive and efficient library service for everyone wanting to use it". PIL – which is also representing the two teenagers seeking a judicial review into university tuition fee rises – argues that the two councils also failed carry out a proper consultation with local people prior to making their cutback decisions.
PIL lawyer Phil Shiner said local government bodies could not "pin their hopes on vague notions of the big society when they are required by parliament to maintain a comprehensive and efficient library service for everyone in the county", adding that this definition meant "everyone, including single mothers, the disabled, the elderly and those living in rural areas". A colleague, Leigh Webber, said the consultations had been rushed through to enable councils to approve their budgets, meaning Gloucestershire and Somerset county councils had been unable to assess the needs of local people adequately, or to carry out proper consultation.
Gloucestershire is proposing to reduce the number of local libraries with full opening hours from 38 to just 9, and to cut the mobile library service for people in rural areas completely. Campaigners, who have enlisted a roster of high-profile authors including Joanna Trollope and Yann Martel in support of their cause, greeted last week's decision by the council to push through proposed cuts with fury, saying it had "condemned our public library service to heavy-handed, disproportionate and permanently damaging cuts, the impact of which will resonate on our communities for decades to come".
Somerset council has modified its original proposal – to cut 20 of 34 libraries and reduce mobile libraries from 6 services to 2 – but even with reductions the cutbacks will still affect a third of the county's library services.
A statement from PIL said: "The scale of the cuts in both counties is excessive and more than twice the percentage reduction in central government funding." The firm added that the public's opposition had been made clear when it was consulted on the changes, while many in affected communities had not been consulted at all.
The legal challenge will have widespread implications for library closures across the country. The number of libraries threatened across the UK is steadily creeping upwards, with over 520 – including 60 mobile libraries – now earmarked for the axe, according to Public Libraries News.
Yet the political cost of potentially unpopular closures already appears to be influencing some councils, with a number of them – including Oxfordshire, where Cameron and Ed Vaizey, the culture minister, both have their constituencies – choosing to modify or delay their closure decisions in the face of popular opposition.
The prime minister has also been accused by the Labour culture spokesman Ivan Lewis of intervening in Oxfordshire's decision. Lewis told the Independent on Sunday: "Local library campaigners across the country will be enraged by David Cameron's arrogance and hypocrisy, lecturing us all about the necessity of these cuts while intervening to save himself from embarassment in his own backyard."
However, spokespeople for the prime minister and the Department for Culture, Media and Sport said it was a local matter and that they were unaware of any representations by the prime minister.
Comments in chronological order (Total 12 comments)
24 February 2011 4:11PM
The government is wrong, fairly disastrously, on both libraries and higher education. But is it really human rights matter? It feels like a trivialisation of the concept of human rights. Surely it should be opposed through the political process.
24 February 2011 4:22PM
@ goodoldcause
On the Public Libraries Act 1850
;)
24 February 2011 4:33PM
It isn't a human rights issue. It's a matter of whether local authorities are actually abiding by the legislation that gave them the duty to provide libraries in the first place. I guess it will all come down to a judge's balanced decision on what "comprehensive" means.
My understanding is the GLC came unstuck with its "fares fair" policy back in the 1980's because the Act that gave them the duty to run the underground said it has to be done "economically and efficiently" or something along those lines and subsidising it to the extent it was fell fowl of this text, I think.
24 February 2011 4:34PM
Where does it say that it is being raised as a human rights issue?
The challenge is being mounted under the 1964 Public Libraries and Museums Act for local authorities to provide a "comprehensive and efficient library service for everyone wanting to use it". The case is being presented by the law form Public Interest Lawyers. The article states that the firm specialises in human rights cases, but the case being made is not based on himan rights.
The idea that someone is going to look at this case and think human rights are being trivialised is laughable.
24 February 2011 4:48PM
@JBowers
Interesting link, thanks. The quote feels very much like it describes the spirit of the higher education reforms, or at least their likely effect.
The coalition always use the example of someone on just over £21,000 paying back some negligible monthly fee (seven or eight pounds, for instance). Sounds fine, but once you start creeping up the income scale, it really begins to bite. With a 3% interest rate it sounds to me like someone on £41,000 will be paying back £154.5 a month on tuition fees; rising to £185 if their on £45,000 and so on.
Maybe I'm doing the maths wrong; I don’t know. But it sounds hellishly steep to me. And that's on top of any loans you took out to pay for living costs and normal living expenses.
Bankers and other very highly-paid graduates will be able to cope with this. But it feels like it’s really going to hit people on middling wages, particularly those who live in expensive areas such as London. They’ll have to think twice about big life decisions, such as buying their own houses or having kids.
If that’s not the kind of thing that will deter less well-off kids from going to uni, I’m not sure what is. Maybe I’m wrong, though (I'd be glad to be wrong, in this case) or I’ve misunderstood the proposals.
And, bad as it is, it still feels like a political rather than a legal battle.
24 February 2011 4:53PM
The Tories claim the UK is broke while saying they will pay for Trident while refusing to do anything about the tens of billions in avoided and evaded taxes and because of tax fraud.
Lib Dems need to demand the budget and law is changed to reduce the cuts by collecting the tax or they should pull out of power.
24 February 2011 4:54PM
Fair point. It will be interesting to see how it works out.
24 February 2011 5:48PM
It will also be interesting to see how a local authority, that has been meeting its legal obligation (to provide a 'comprehensive library service for all those wishing to make use thereof'') with a network of 11 libraries, can still claim to be doing so having reduced this to only 2.
Local authorities are making savings of less than 9% overall this year. How can they suddenly make disproportionate cuts of 50% or more to their libraries and not be in breach of the law?
24 February 2011 7:26PM
Just another Tory attack on the poor.
24 February 2011 8:48PM
They'll argue that people can order books over the internet and use mobile libraries, where those haven't been cut.
http://news.bbc.co.uk/nol/shared/spl/hi/programmes/analysis/transcripts/14_02_11.txt
25 February 2011 10:06AM
British Logic - abandon books and instead spend money on getting the elderly using computers.
The number of adverts you hear on the BBC radio about getting the elderly online has to be linked to this move away from libraries.
26 February 2011 4:56PM
R042:
has to be? why?
The computers are in public libraries, so you point doesn't make sense. The encouragement to get people online is to reduce paperwork, and civil servants to do the work. If people are online doing the work themselves it saves a massive amount of costs.
Not saying this is a good or bad move...