Paul Lorber cleared of Code breach over Barham Library by Independent Investigator

Paul Lorber, right kneeling, outside the Barham Library building

Following a complaint by Cllr Powney that Cllr Paul Lorber (Liberal Democrat leader) breached the Council's Code of Conduct for Members an Independent Investigator has made the recommended  finding that he did not breach the Code.

Cllr Powney was the architect of the Library Transformation Project that closed six of Brent's 12 libraries, including Barham Library.

Councillor Powney alleged that during an email exchange with Mr Duncan Smith, Artistic Director of the Association for Cultural Advancement through Visual Arts ACAVA), in September 2013, about the organisation's proposed tenure of the library building, Councillor Lorber:

• adopted a tone that was both offensive and intimidating
• disclosed confidential information in relation to ACAVA's proposed tenancy
•  improperly used his position as a councillor to confer or attempt to confer an advantage to the Friends of Barham Library, a charity on whih Cllr Lorber acted as trustee.

The full report by Alex Oran, Independent Investigator, will be considered by the Committee on Thursday January 9th and can reject the recommendation although Fiona Ledden recommends that the Committee accepts it. The full report is HERE

Although the discussion could turn into a political Punch and Judy Show this thoughtful report merits a calm discussion on the role of councillors, their community involvements and what constitutes 'robust' communication.

This was recognised by the Independent Person, Sola Afuape who accepted the recommendation but according to Fiona Ledden:

...did however consider that there are a number of issues that give rise to questions and concerns coming out of the report, which she considered would be helpful to explore in discussions at the Standards Committee. The issue around conflict of interests, given the different roles a councillor may have in the community, should be considered. It may be helpful for clear written advice to assist members and enable the committee to promote integrity and probity as well as transparency. Brent has a very diverse community which could lead to councillors being in positions where conflicts arise, from competing community groups, hence clear published guidance would assist members in making sure proper declarations are made.

I have extracted the following from the report to give a flavour of the issues considered by Alex Oram:

In considering whether this amounts to a breach of the Code I consider it important that members should be able to express themselves in a robust manner that allows them to be passionate. While Councillor Lorber’s comments and questions were direct and forceful, none were in my view offensive or demeaning.

In my experience organisations whose work involves either the receipt of public money or their entering into contracts with a local authority should be prepared for tough questioning. Mr Smith was clearly not used to being challenged in the way that he was in this instance. While I acknowledge Mr Smith’s right to respond in the manner that he did, at no stage in the correspondence did Councillor Lorber cross the line from robust questioning into personal abuse or anything resembling the defamation he was accused of. Nor did the overall context of the exchange – email communications between Councillor Lorber, Mr Duncan, the ACAVA trustees and then the entire Council - render Mr Duncan at a disadvantage in any way as would be the case had Councillor Lorber attacked him or his charity in the Council chamber.

I consider that Councillor Lorber’s comments were political or quasi-political in nature and benefit from a high level of protection under the Human Rights legislation. With this in mind my view is that the bar Councillor Lorber would have to cross, in terms of disrespectful behaviour, to breach the code is set high. While I am of the view that some of Councillor Lorber’s comments were ill judged and unwise, it is my view that Councillor Lorber’s comments were not so serious as to amount to a failure to comply with paragraph 3(1) of the Code and that any such finding would be a disproportionate restriction on Councillor Lorber’s right to freedom of expression

The Localism Act makes it clear that it is proper for councillors to play an active part in local discussions and that people can elect their councillor confident in the knowledge that they will be able to act on the issues they care about and have campaigned on. In many cases councillors themselves will have a long track record of community activism before they were elected – their inspiration to serve their local communities will often have its roots in community work. The Act encourages councillors to reshape their role away from bureaucratically-driven, paper-heavy  meetings and processes, to much more creative roles leading and energising their local communities and encouraging self-organised  groups to be ambitious.

In trying to advantage the Friends of Barham Library Councillor Lorber was attempting to further a goal which he believed would bring a clear benefit to the community he represents. Councillor Lorber has maybe taken a more proactive role than many councillors might have under similar circumstances. However I have found no evidence that Councillor Lorber’s financial interests or those of his family or associates would be affected in any way by the outcome of any part of his correspondence with Mr Smith. In this regard I note that the Friends of Barham Library is answerable to the Charity Commission for its activities as a registered charity and that it is a Company guaranteed without share.

In my view, the threshold for a failure to comply with paragraph 5 of the Code in the case of expressions of view has to be set at a level that allows for the passion and fervour that often accompanies political debate or exchanges relating to decisions made by the Council. This is entirely consistent with the objective of maintaining proper standards in public life. In my view at no time did Councillor Lorber conduct himself in a manner that one might view as reducing the public’s confidence in him to able to fulfil his role; or adversely affecting the reputation of members generally.

The Queen is dead! Long live the King!

Outside Brent Town Hall tonight

In fact Muhammad Butt's first Executive meeting as leader was a muted affair - no fanfares, cheers or even a 'well done, chum' from his colleagues. Instead a few mumbles about the order of business, a murmured exchange or two with Anne Reid, and we were away.

If there was any tension in the Executive after it was split by the leadership election it didn't show in any obvious way. Perhaps more councillors than usual arrived at the last minute to take their seats and there was little social interchange, but it was heads down and on with the agenda.

It was left to the public to inject a bit of life and passion into the proceedings and this they did through making representations on the Progress Report on the Library Transformation Project. All the contributors congratulated Muhammed Butt on his election win  and called on him to engage with the community.

Philip Bromberg for Brent SOS Libraries Campaign said the report reminded him of the saying 'the operation was a complete success but the patient died'. He had figures to show a huge drop in the number of visits and book issues at the remaining libraries and queried the escalation in the cost of the Kilburn Library refurbishment from £117,000 to £650.000.  He showed the audience and Executive a leaflet produced by Brent Labour Party asking people to 'Join Labour Campaign for Our Libraries' with a quote from Dan Jarvis shadow Culture Secretary. Bromberg reported that earlier in conversation Jarvis had express 'serious concern about what is happening in Brent over libraries'.

Martin Redston, speaking for the Keep Willesden Green Campaign urged Butt to be proactive, engage with the community and see the issue of the Willesden Green regeneration with fresh eyes. He pointed out that the only increased space int he new building would be for council offices and that the actual library would be smaller. English Heritage had recognised the community's valuing of the 'meaning of space' provided by the 1894 building. Redston pointed out the contradictions between the flowery words of the planning brief and the actual plan, which included a small door as an entrance to the new building, in contrast to the substantial entrance of the 1980s building. He urged Muhammed Butt and the Executive to 'stop, listen and reflect', because the majority of the local community did not want the scheme.

A speaker from Cricklewood Library spoke for how local nurseries and schools had been deprived of their library and older students of their study space.  She urged Muhammed Butt to restore good relations with the community by keeping the building open,

Cllr Paul Lorber said that the Executive had not been provided with proper financial information and said that the suggested 'savings' had not factored in the cost of rent and business rates for the closed buildings. He asked regarding Cricklewood and Kensal Rise's reversion to All Souls, 'Why give away buildings with £1.5m'. He claimed it was the Executive's responsibility to safeguard local assets. Speaking about the Barham pop-up library he said that most of the people who were using it were precisely those most affected by the closures: children brought along by their parents and mainly from an Asian of African Caribbean background.

A Conservative councillor urged that ward working money should instead be spent on keeping libraries open.

In response Cllr Powney said that most of the people who had spoken were just saying that they disagreed with the decision to close libraries that was taken last year. That decisions was to keep six 'excellent' libraries (one of which his Executive has since declared unfit for purpose and scheduled for demolition'  and develop those. He claimed that he had always said the the increase in the number of visitors and borrowers would not happen until 2014 when the refurbishments had finished and the new Wembley Library at the Civic Centre had been opened. He said, to heckling, that by 2014  the figures would be 'higher than now'. He confirmed that reversion of Cricklewood and Kensal Rise to All Souls had been completed, and that was the opinion of both council officers and All Souls.  In response to the questions about the increase in Kilburn refurbishment costs he said that the £117,000 had just been minor repairs and redecoration and the £650,000  was for a more extensive refurbishment.

At the end of the item, Muhammed Butt said he was meeting with Kensal Rise campaigners tomorrow and promised to meet with the Preston and Keep Willesden Green campaigns.

All other items on the agenda, including the Air Quality Action Plan, Animals at Events policy, and the provision of a Brent Carers' Hub were approved without discussion.