Justin Tomlinson – 2016 Parliamentary Question to the Department for Culture, Media and Sport

The below Parliamentary question was asked by Justin Tomlinson on 2016-09-12.

To ask the Secretary of State for Culture, Media and Sport, against what criteria she measures the compliance of local authorities with the Public Libraries and Museums Act 1964.

Mr Rob Wilson

The Public Libraries and Museums Act 1964 requires local authorities in England to provide a comprehensive and efficient library service for their local communities. The 1964 Act requires the Secretary of State to superintend, and promote the improvement of, the public library service provided by local authorities in England, and to secure the proper discharge by local authorities of the duties conferred on local authorities under the Act.

The Secretary of State has the power to intervene by directing a local inquiry following a complaint that a local authority has failed to carry out its duties under the Act, or of her own motion. In taking that decision, the Secretary of State gives consideration to a number of factors, including:

• Whether there is any serious doubt or uncertainty as to whether the local authority is (or may cease to be) complying with its legal obligation to provide a comprehensive and efficient library service.
• Whether the local authority appears to be acting in a careless or unreasonable way.
• Whether the decision is or may be outside the proper bounds of the local authority’s discretion, such as a capricious decision to stop serving a particularly vulnerable group in the local community.
• Whether the local authority appears to have failed to consult affected individuals or to carry out significant research into the effects of its proposals.
• Whether the local authority has failed to explain, analyse or properly justify its proposals.
• Whether the local proposals are likely to lead to a breach of national library policy.
• The advantages of local decision making by expert and democratically accountable local representatives.
• Whether there is any further good reason why a local inquiry should be ordered.

Where a complaint is raised we will consider the available evidence in light of the above factors. If there is serious doubt that the library service provided by the local authority offers a comprehensive and efficient service, I will not hesitate to open an inquiry.