CROYDON COUNCIL have made public their legal position on Upper Norwood joint library for the first time.
In a prepared statement the council says:
“In 2000, ‘cabinet government’ was introduced for local authorities, and the (Upper Norwood library) joint committee became an executive committee because of the executive nature of its functions.
“It is not clear whether at that time it was understood by those involved that accordingly only executive members of each council should sit on the joint committee.
“In February 2006, the committee made a recommendation that, henceforth, each council would put forward a ward councillor from each authority. Lambeth’s executive proceeded to ratify this decision.
“However, the Croydon members did not put this forward to their executive for ratification.”
Library campaigners will immediately seize on the last part of Croydon’s comment – because Lambeth council did put the decision to their full council – where it was approved.
The statement comes in response to a question asking who took the decision under delegated powers to allow local ward councillors to sit on the library joint committee.
Back in July, in response to questions, a Department of Culture spokesman said:
“Upper Norwood joint library is a jointly owned, jointly funded and jointly managed library with Lambeth and Croydon councils each owning a half share of the library and all of its assets.
“It was opened in 1898, and has continued since that time to be run under a series of local agreements between the London boroughs of Croydon and Lambeth, the most recent of which is an agreement concluded in 1994.
“The Department is not a party to that agreement – that is a local matter for Lambeth and Croydon councils themselves.
“Section 5 of the Public Libraries and Museums Act 1964 contains the only legal mechanism to set up a joint board. “An order must be made by the Secretary of State under that section with the agreement of two or more library authorities. “No order has ever been made under section 5 setting up a joint board between Croydon and Lambeth councils.
“A joint board cannot exist for an individual library; it would have to operate across two or more local authorities or councils.
“The purpose of setting up a joint board under the 1964 Act is to allow two or more library authorities to function as a single unitary authority.
“Therefore, UNJL is not a joint board under the terms of the 1964 Act. “Neither council is required to obtain the Secretary of State’s permission to amend or withdraw from the local agreement which they have in place and we can confirm that neither council has to date sought the Secretary of State’s permission to dissolve that agreement.”
The Department of Culture’s statement came in response to questions surrounding a story doing the rounds in Upper Norwood – essentially that a civil servant had written a letter to one local resident on the legal position surrounding the library.
The SAME civil servant had then written a letter to Croydon council stating exactly the opposite to what he expressed in the letter to the local resident.
But the Department of Culture in the same statement back in July said: “We do not have a record of the correspondence you describe.”
The following item appeared back in July:
MALCOLM WICKS INTERVENES IN LIBRARY SAGA
‘CROYDON NORTH MP Malcolm Wicks says Croydon cannot withdraw its support from Upper Norwood joint library without getting the approval of Secretary of State Eric Pickles – something they have so far failed to do.
In a letter to culture minister Jeremy Hunt dated June 6th but only made public last week Mr Wicks says that under the 1964 Public Libraries and Museums Act [PLMA], the secretary of state acquired superintending powers relating to many aspects of library provision.
“Section five refers to setting up joint boards. “Section 25 ‘interpretation’ also refers to joint boards. “The Public Libraries and Museums Act 1964 imposes no requirement for pre-existing bodies to have to ‘reapply’ to continue to exist. “Thus, UNJL comes under PLMA requirement that only the Secretary of State can dissolve it as a joint board / library authority.
“It is my understanding that Croydon council does not accept the above, and so I seek clarification from you and the department on the status of this joint board and the procedure for Croydon council to seek its dissolution from you” adds Mr Wicks.
Referring to a letter written on 23 March 2007 by a Department of Culture official Mr Wicks said: “DCMS (Department of Culture, Media and Sport) has written to both heads of library services to seek a progress update and to find out if each party intends to comply with the terms of the ‘joint board’ agreement under which Upper Norwood library operates”
Mr Wicks says it would “therefore be consistent for the department to maintain this view, and therefore it would be necessary for Croydon council to apply to you for dissolution.
“I should make it clear, that if Croydon council did apply to you to dissolve the ‘joint board’ then I would wish to make formal representations to you at that time” adds Mr Wicks.
At the time of writing no reply has been received by Mr Wicks office from Mr Hunt.’
In a letter to culture minister Jeremy Hunt dated June 6th but only made public last week Mr Wicks says that under the 1964 Public Libraries and Museums Act [PLMA], the secretary of state acquired superintending powers relating to many aspects of library provision.
“Section five refers to setting up joint boards. “Section 25 ‘interpretation’ also refers to joint boards. “The Public Libraries and Museums Act 1964 imposes no requirement for pre-existing bodies to have to ‘reapply’ to continue to exist. “Thus, UNJL comes under PLMA requirement that only the Secretary of State can dissolve it as a joint board / library authority.
“It is my understanding that Croydon council does not accept the above, and so I seek clarification from you and the department on the status of this joint board and the procedure for Croydon council to seek its dissolution from you” adds Mr Wicks.
Referring to a letter written on 23 March 2007 by a Department of Culture official Mr Wicks said: “DCMS (Department of Culture, Media and Sport) has written to both heads of library services to seek a progress update and to find out if each party intends to comply with the terms of the ‘joint board’ agreement under which Upper Norwood library operates”
Mr Wicks says it would “therefore be consistent for the department to maintain this view, and therefore it would be necessary for Croydon council to apply to you for dissolution.
“I should make it clear, that if Croydon council did apply to you to dissolve the ‘joint board’ then I would wish to make formal representations to you at that time” adds Mr Wicks.
At the time of writing no reply has been received by Mr Wicks office from Mr Hunt.’
LEGAL CHALLENGES: The possibility of legal challenges were raised during Monday night’s Croydon council cabinet committee meeting (full report below).
Joint deputy leader Cllr Tim Pollard told the meeting: “We’ve got to make sure whoever comes forward to take over the library is not subject to a challenge that they were not the right people for it.” He also said there would be a requirement for work “in terms of legal costs et cetera.”
Labour opposition leader Cllr Tony Newman said he understood Croydon’s consultation process over the library may be legally challenged. Cllr Pollard responded: “I’m very disappointed in that. “It was a very good consultation. “The feedback we’ve had is that it was a fair and rational piece of consultation.”
BACKGROUND:For those new to this story the background to this issue can be found on www.crystal-palace-mag.co.uk
