25 Oct 2011 10:43:41
Lord Justice Elias granted an appeal against a ruling made last week in the high court that Brent council's decision was lawful. He ordered that attempts should be made for it to be heard before the court of appeal on two days early next month.
Brent council has agreed, in the meantime, to take no irrevocable steps to prevent the libraries reopening in the event of the appeal being won.
Campaigners have mounted vigils outside two of the threatened libraries, Preston Road, which has already been boarded up by the council, and Kensal Rise, to ensure they are not emptied of books or computers while the legal dispute continues.
Last week a high court judge rejected claims that the decision to close the "treasured" libraries in Brent, north-west London, was "fundamentally flawed and unlawful".
Residents fighting the closures are being backed by celebrities including the author Philip Pullman, playwright Alan Bennett, singer Nick Cave and the bands Depeche Mode, the Pet Shop Boys and Goldfrapp.
The landmark case is being watched by other campaign groups around the country who also have libraries threatened with closure by councils seeking to make budget cuts.
The six facing closure by Brent council are in Kensal Rise, Barham Park, Preston Road, Neasden, Cricklewood and Tokyngton.
Campaigners have complained about the "speed and ruthlessness" of the closures and warn of "serious social consequences" if the decision is not reversed. Brent council has said the decision was not a "kneejerk" one to save money, but one taken based on visitor numbers and the state of the library buildings.
The council announced plans to shut half of its libraries in April. After last week's ruling, the council said the premises were being "made secure". Kensal Rise library was been boarded up after 150 protesters gathered after the ruling. They claimed builders were reluctant to cross the protest line.
Campaigners said they were shocked at how swiftly the council had moved before the protesters had had a chance to launch an appeal.
At Wednesday's hearing Dinah Rose QC, for the campaigners, expressed "surprise" at the council's actions saying officials knew of the intention to appeal. It had forced the campaigners, who do not have legal aid, into the "intolerable" position of having to come back to court to stop irrevocable steps being taken to close the libraries before the appeal, she said.
As part of the interim agreement, the council has agreed not to board-up Kensal Rise library, on condition campaigners cover the costs of providing security for the site pending the appeal.
After the hearing John Halford, a solicitor representing the campaigners, told the Guardian: "People are very happy that the court of appeal is taking it so seriously. They now have a real fighting chance. They think the court of appeal will take a different view of matters than the high court did on this very important issue."
He said: "Essentially Brent has agreed to put everything on hold for now pending the appeal. They have also agreed, in particular, not to board-up Kensal Rise library, which people felt very strongly about. That's the purpose of the vigil, to prevent that from happening."
Brent council had asked for the building to be made secure to ensure "nothing goes missing from it", he said, adding: "Though they are the ones that are going to take anything, I suppose."
The campaign group, Brent SOS Libraries, was prepared to meet the cost of a security guard rather than see it boarded. The building was listed and they didn't want to see it damaged by "things being screwed into walls", he said. "But the more significant reason is that the library not being boarded up is highly symbolic. Not only for Kensal Rise campaigners, but campaigners in general.
"They feel very strongly that Brent has got away with far too much already in the immediate aftermath of the high court ruling and that things should go no further. And that their library should remain there, ready to be reopened if their case succeeds. That's why they have been willing to put up the money to make sure that doesn't happen."
He said campaigners were very grateful to the court for acting so swiftly. "Normally it takes months to get the court of appeal to get to the stage it's taken this court of appeal to get to in 24 hours. And the campaigners would like to articulate their appreciation to the court for dealing with it so rapidly, so that their appeal doesn't become academic because of what Brent has done in the meantime."
It was hoped the appeal would be heard either the week beginning 7 November or the following week.
During the hearing it was argued that, because campaigners had been forced to court to prevent Brent council boarding the buildings or removing items, the council should be made the pay the campaigners' legal costs.
Lord Justice Elias refused the application after Elisabeth Laing QC, for Brent, argued that the council had been entitled to act as it did as before it was first indicated on Tuesday that permission to appeal was being granted.
Laing said: "For three months the council has been struggling along trying to maintain services in these six libraries."
Brent council says the closures will help fund improvements to its remaining library service and contribute towards the £104m of savings it needs to make.
A "library outside a library" has been set up at Kensal Rise in defiance of the closure plans, using books donated by residents. Pullman is expected to join protesters at the weekend.
