Updates from Library Campaigns

A picture that shames Brent Council

From Save Preston Libraries Campaign:

Dear All,

As you will probably have heard on the TV and radio news, our judicial review of Brent's library closure plan was dismissed in the High Court today. Below you can see the mailing sent out by the Cricklewood Library campaign which gives a report on the judgement. The judgement itself is attached. The Council has taken immediate action and closed the six libraries. 

An application for appeal against Mr Justice Ouseley's decision will be lodged with the Court of Appeal on behalf of the SOS Libraries claimants next week . To read a statement by the Campaign solicitors, Bindmans, and the press release issued by the Brent Save Our Six Libraries Campaign, go to our website at http://brentlibraries.wordpress.com/ .

The fund-raising activities planned to support the legal challenge and now the appeal will continue:

• MONDAY 17 Oct 2011 - STAND UP FOR LIBRARIES (Phil Jupitus, Robin Ince,  the legendary Robyn Hitchcock and others)

          Queens Park Community School Doors 6.30pm – show 7.30pm

• MONDAY 24 OCTOBER -Preston Pub Quiz - 7.30 for 8pm - Flyer will be circulated soon
• SATURDAY 19 NOVEMBER  - Disco at Mall Community Centre - more information soon

The judicial review was only one part of our campaign and, while we hope that an Appeal Judge will respond more positively, we also want the Government to fulfil their responsibility to ensure that Brent provides an adequate library service.

It is now more vital than ever to persuade the Secretary of State, Jeremy Hunt , to intervene in the Brent situation. It is absolutely vital you ALL write to Jeremy Hunt (at the Department for Culture, Media and Sport) and demand an enquiry. This could save our library, but it needs hundreds of letters and emails to be sent as soon as possible – they said they would make a decision by September, this hasn’t happened, so we still have time. Go to http://brentlibraries.wordpress.com/2011/08/12/appeal-to-the-government-now/ for Jeremy Hunt's email address and some ideas on what to put in your letter.

Dear  Cricklewood Library Supporter

1 High Court Judgement
Mr Justice Ouseley (fresh from his support of Basildon Council against the Dale Farm travellers yesterday ) handed down a pretty damning judgement dismissing the Brent SOS Libraries judicial review today. I suggest those who are going to read the attached judgement may consider having a glass of their favourite tipple nearby!

One of our legal team described it as the worst judgement they had experienced .As is usual the judge refused leave to appeal against his judgement stating that he did not believe there were significant points of law or national issues arising from the case.

He also refused any stay on Brent Council action - except that as he believed there  would not be time before any appeal, if allowed, for the Council to sell the library buildings, then libraries could be reinstated were SOS to be successful.


2 Application to the Court of Appeal

An application for appeal against Mr Justice Ouseley's decision will be lodged with the Court of Appeal on behalf of the SOS LIbraries claimants next week .

If agreed an appeal could take up to six months to be heard

3 Libraries
Immediately after the judgement all six libraries were closed by Brent Council - at Neasden shutters were pulled down and locked, Preston library is being boarded up by the Council and a similar boarding exercise was prevented at Kensal Rise by a crowd of children and their parents.Contractors threaten to return tomorrow to complete the boarding up

Cricklewood was also closed early and the standard notice posted on the door stating that the library would be closed until further notice - and directing callers to Harlesden or Willesden Green.


4 Next action

Discussions are ongoing with all Brent SOS Libraries campaigns - further information to follow

5 Monday 17 October - Queens Park Community School - 7pm

Stand Up For Libraries - Phil Jupitus,Alexei Sayle and others support the libraries campaign

Betrayal of library closures

From e-mail correspondence on libraries today:

The upsetting thing were the people who were utterly aghast at Neasden being shuttered. One young man - who spoke fluent Arabic, Farsi and Dutch, and who was desperate to improve his English, was appalled. He loves reading, lives in Neasden. Those are the people being betrayed.

Crowds defend Kensal Rise Library

From a Labour Party member:

There was some good coverage of Kensal Rise library on the BBC1 local news at 6.30pm (,last night). There has been a vigil outside the library and local schoolchildren explained why they oppose its closure.  I was there this evening and there were some very angry people - including local Labour members, who were asking how to deselect the local councillors who supported the closures.

Build on the commitment and perseverance of library campaigners

The old adage that "you don't value what you've got until you lose it" clearly does not apply to Brent library campaigners but it will surely hit home to many others who were not involved now that the Council has decided the six libraries will not re-open.

Of course it is mainly a matter of a place to read, enjoy and borrow books, educate yourself - but there's also so much more in terms of the social usefulness of a library as a provider of information, a place to meet, a safe public space in sometimes alienating areas, somewhere to relax and enjoy the company of your young children, a place where old people are welcome and not ghettoised.

As these community functions go they impact on the local area - everything else costs money: shops, betting shops, pubs, cafes - libraries were free and therefore open to everyone to use and enjoy.  Their demise marks another reduction in the social good of society, in cooperation and mutuality.

However although their loss represents a loss of mutuality and cooperation, the struggle against their loss shows how strong those values remain in our community, albeit not in our council representatives.  Whether an appeal goes ahead or not, or here it succeeds or not, we must continue to build on those values.

The upcoming Brent People's Assembly gives us precisely that opportunity.  I salute the Brent SOS Libraries campaigners for their commitment and perseverance in mounting one of Brent's largest and most energetic community campaigns and hope that they will join in with others in the numerous hard struggles ahead.

Library campaigners determined to appeal

The BBC quoted campaigner Margaret Bailey on the next steps:

Margaret Bailey, a spokesperson for the Brent Libraries SOS campaign, said: "We are obviously disappointed with the decision given by the judge today. We are determined to appeal."
She said: "We believe that there are important points of principle at stake which an appeal court will decide differently.

"Our campaign will redouble its efforts to expose the senselessness of Brent Council's decision to close half of its libraries.

"In the meantime, we demand that in light of the serious concerns raised by local residents, Brent will take the time before closing the doors of any library to properly consider the options proposed by local groups to preserve local library services, and open a dialogue with those groups to find constructive solutions for our communities.

"Brent Council has already spent over £70,000 of residents' money on this legal case and they should not waste any more money in pursuing a library closure policy that the vast majority of Brent residents oppose."

Paul Lorber, leader of the Liberal Democrats on the council, said: "We are determined to save our libraries in Brent irrespective of what the Labour administration is doing."

Shahrar Ali, Green Party GLA candidate for Brent and Harrow, said: "Let the People of Brent unite in their common endeavour to safeguard our community from this assault on our local libraries. We can despair, but we shall also regroup - with the same practical intelligence and determination we have already shown, to find a better way forward."

"This is a sad day for Brent; but also a day on which the Citizens of Brent who give a damn about lifelong education and protecting the vulnerable from abandonment should hold their heads up high. Just not in the High Court."
The Department for Culture Media and Sport said it was considering the judgement.

Brent Council: "Six libraries will not open again" but campaigner pledge to fight on

Brent Council has wasted no time! The Willesden and Kilburn Times reports that the council will close the six libraries threatened with closure immediately following the High Court decision:

Following Mr Justice Ouseley decision to dismiss a judicial review launched by campaigners challenging the proposals Brent Council revealed that Barham Park, Cricklewood, Kensal Rise, Neasden, Preston and Tokyngton library will never open their doors again.

Fiona Ledden, Brent Council’s director of legal services, said: “Following the decision from the High Court the six libraries in question will not open again.”

The  Evening Standard reports:

Campaigners were set to learn later today whether they will be given permission to appeal. In a statement issued by Brent SOS Libraries Campaign, campaigners said: "We are obviously disappointed with the decision given by the judge today.

"We will be consulting with our lawyers on our legal options. We are determined to appeal if allowed to do so. We believe there are important points of principle at stake which an Appeal Court will decide.

"Our campaign will redouble its efforts to expose the senselessness of Brent Council's decision to close half of its libraries."

Library defeat but a battle worth fighting

I was unable to make the High Court this morning to hearing the ruling on Brent library consultation because I had commitments in a local school. However, I am pleased tp reproduce below the item posted on Brent Greens Blog by my colleague Shahrar Ali:

Today the People of Brent learned the sad news that they had not succeeded in their High Court battle to overturn the Council's plan to axe half of the borough's libraries (background).

I could sense the anxiety amongst my fellow Brentonians before the judgement was delivered. I reassured my neighbours that we did not know the result yet, but it seemed most of them did not dare believe that we would hear good news today, simply to protect against greater disappointment of a frustrated hope.

The truth is that whilst Justice Ouseley's judgement must be respected for what it is, his written judgement strikes me as a piece of legal casuistry in the main. Of course, points of law must be attended to, but in their attention one is always left with a judgement to make, whether on balance of probability or the spirit of the law as drafted. Even the most impartial observer could be left wondering whether arguments had been won, as opposed to counter-assertions (in this case the Council's) simply affirmed by the judge.

The Judgement (Case No. CO/4957/2011) summarises the main pieces of law in contention then itemises the grounds which Justice Ouseley takes to have not been demonstrated in law:

1. Unlawfully ignoring the role which community libraries and groups could play in fulfilling the s7 duties (Public libraries Act 1964)
2. Unlawful failure to consult
3. An unlawful failure to assess needs
4. Breach of the public sector equality duty

However, many of the judgements appear, in reason, to be question-begging:

"I cannot see that it is unlawful for the Council to start the process by warning the groups, as in effect it did, that its approach would be that alternatives had to achieve the same level of savings for the same level of service as the Council's own proposals." (para 77)

But no piece of law is going to circumscribe consultation down to this level of detail. The question is whether this was a fair constraint, to effectively debar solutions that did not conform to a pre-decided lowest common denominator budget.

Later still, the Judge writes: "The Council's approach was entirely consistent with the requirement in s7(2) that the provision of library services by other menas be "appropriate"." (para. 80)

That sounds more like an assertion than an argument.

By some textual anomaly, moreover, the following appears in the introduction without any qualification, simply stated as fact, not as an argument from our side:

"The public consultation had been unfair since the Council had not told the public what it needed to know about the running costs of libraries so that groups could make informed responses in support of voluntary arrangements, and had not been told the basis upon which the Council would appraise their alternative proposals." (para. 4)

Yes, I agree that this is true Justice Ouseley.

Overall, I am bound to say, this was a very disappointing and dispiriting judgement. I salute the people of Brent for bringing this case. My fear now is that Brent Council will feel itself emboldened in this course of action, obviously they will feel vindicated, but the reality is that they have lost the confidence of the people they are meant to serve.

Let the People of Brent unite in their common endeavour to safeguard our community from this assault on our local libraries. We can despair, but we shall also regroup - with the same practical intelligence and determination we have already shown, to find a better way forward.

This is a sad day for Brent; but also a day on which the Citizens of Brent who give a damn about lifelong education and protecting the vulnerable from abandonment should hold their heads up high. Just not in the High Court.

House of Lords should be wholly elected, say Greens

The Green Party said today that it  believes that the House of Lords should be a wholly elected Second Chamber and as such the Appointments Commission should be abolished.  Stuart Jeffrey, Policy Coordinator on the Green Party Executive said, “Whilst we are content with the proposed size of 300 members, consideration should be given to a ten year term, with 50% of the House elected each time.  This would ensure a more proportional result.”

The Green Party would wish to see a fully proportional electoral system using an open list system with the Sainte-Laguë system used to allocate seats as is used in many countries around the globe.¹

Stuart Jeffrey continued,” An open list system ensures that the electorate can override the list order selected by the party, which places more power in the hands of the electorate.  Should smaller constituencies be used then we would wish them to be multi-member constituencies large enough to ensure that elections are proportional, for example current Euro region boundaries and that the Single Transferable Vote is used.”

The Green Party wishes to see an elected House introduced following the 2015 election.  300 members should be elected in 2015 with 100 serving for 15 years, 100 for 10 years and 100 for 5 years. 

The Green Party does not wish to see Bishops or hereditary peers as of right in a second chamber.  Britain is a multi-cultural society and should Bishops or any member of other leading religions wish to represent the electorate, they should seek election via the ballot box.

The Green Party does not the support the proposal that the Government should be able to appoint extra members to serve as ministers.  Stuart Jeffrey said, “This would override the result of the election by giving the governing party extra members who had not been voted in by the electorate.  This would be open to abuse and accusations of cronyism, precisely the sort of things that these reforms are supposed to end.”

The Green Party believes that those that are elected should be entitled to same financial entitlements as current sitting members in the House of Commons.

:

1. The Sainte-Laguë method is one way of allocating seats approximately proportional to the number of votes of a party to a party list used in many voting systems. It is named after the French mathematician Andre Sainte-Lague.  The Sainte-Laguë method is quite similar to the D’hondt, but uses different divisors. In most cases the largest remainder method delivers identical or almost identical results. The D'Hondt method gives similar results too, but favours larger parties compared to the Sainte-Laguë method.