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LIBRARIES BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION

  1. This Explanatory and Financial Memorandum has been prepared by the Department of Culture, Arts and Leisure to assist the reader of the Libraries Bill and to help inform debate. It does not form part of the Bill and has not been endorsed by the Assembly.
  2. The Memorandum needs to be read in conjunction with the Libraries Bill. It does not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause or schedule does not seem to require an explanation or comment, none is given.

BACKGROUND AND POLICY OBJECTIVES

  1. The Bill is intended to provide for the establishment of a Library Authority ("the Authority") to deliver a single public library service for all Northern Ireland. This decision gives effect to the Review of Public Administration, streamlining the delivery of the library service by combining the separate library services delivered by the five Education and Library Boards. It provides for a unified library service which will deliver equity of provision, improved transmission of best practice, and will develop the service to meet the modern day needs of its wide range of customers.
  2. The policy context is provided by ‘Delivering Tomorrow’s Libraries’ published by the Department of Culture, Arts and Leisure in July 2006. It sets out the framework for the direction of the library service over the next ten years, identifying the core business of libraries, and the public value derived from the way they are delivered - a universal service, free at point of use. To make the most of their contribution and enhance their public value, Delivering Tomorrow’s Libraries sets out a vision for the service, specifies types of targeted action which increase the focus on the customer, and develops a series of standards against which to measure the performance of libraries.
  3. The Bill sets out the statutory duties and primary functions of the new Authority, and provides for the transfer of functions (as regards the public library service) and designated property, rights, liabilities and staff from the five regional Education and Library Boards (which, under the Bill, cease to be responsible for libraries) to the new Authority.
  4. The Bill also defines the relationship between the Authority and the Department.

CONSULTATION

  1. Public consultation took place between 22 January and 20 April 2007 on a draft Order in Council prepared during the suspension of the Assembly. It included meetings with a range of key stakeholders, in particular from the education and library boards. Twenty four written responses were received. Following the ending of the consultation process on 20 April, two changes were made to the text in line with comments received. The main change related to making clearer the government commitment to a continuing free service while allowing libraries, as at present, to charge for certain aspects of the service. The other change was to increase the maximum permitted size of the Library Authority Board from 13 to 15 in response to concerns about the difficulties of achieving a quorum.

OPTIONS CONSIDERED

  1. Following the proposal that a new education support body will replace the five Education and Library Boards, three options were considered for libraries: that they should remain institutionally linked with education delivery; be delivered via a free-standing Regional Library Authority; be part of local government on the basis of no more than seven local authorities.
  2. The local government option was inappropriate because it would fragment the service through increasing from 5 bodies to 7 and would break up an increasingly unified system where joint working at regional level has brought benefits. Retaining the link with education was also less attractive because libraries have cultural, recreational and community roles, as well as educational, and because the library service would benefit from a separate dedicated managing body. A single library service will also provide for efficiencies in the longer term.
  3. A non-departmental public body requires to be incorporated by statute or Royal Charter.

OVERVIEW

  1. The Bill is in four parts.

Part I is Introductory.

Part II (The Northern Ireland Library Authority) specifies the duties and powers of the Authority as detailed in Schedule 1, and also removes responsibility from the Education and Library Boards for delivering the public library service.

Part III (Functions of the Department) empowers the Department to make grants to the Authority and to give specific or general directions to the Authority as to the exercise of its functions.

Part IV (Amendments and repeals) deals with the amendments to, and repeal of, existing legislation concerning the delivery of the public library service as detailed under Schedule 3 and Schedule 4.

  1. The main section deals with the setting up of the Library Authority and establishing its role and responsibilities. Schedule I makes provision for the appointment of board members, the employment of staff, the need for committees and the proceedings of committees. Schedule 2 provides for schemes for the transfer of property, rights and liabilities and the contracts of employment of staff from the Education and Library Boards to the Library Authority.

COMMENTARY ON CLAUSES

COMMENTS ARE NOT GIVEN WHERE THE WORDING IS SELF-EXPLANATORY.

Clause 1 and Schedule 1 (The Northern Ireland Library Authority) provide for the Library Authority to assume responsibility for the public library service in Northern Ireland. Consequently, the clause removes the responsibility for this service from the Education and Library Boards. The clause and Schedule 2 also provide for the creation of schemes to enable the transfer of assets, property, rights, liabilities and staff contracts of employment within the library sector from the Education and Library Boards to the Authority.

Clause 2 (Duty of Authority to provide library service) requires the Authority to provide a public library service for persons living, working or studying in Northern Ireland, lists the specific functions and objectives of the Authority and enables the Authority to work with other bodies in carrying out its duty. The Clause also enables the Authority to provide a library service to visitors to Northern Ireland.

Clause 3 (Ancillary powers of Authority) specifies in more detail the additional or implied powers that the Authority is enabled to discharge in exercise of its functions as described in Clause 2. These powers are standard for non-departmental public bodies.

Clause 4 (Commercial activity) enables the Authority to undertake commercial activity that would not ordinarily be covered by Clause 3. Commercial activity can include carrying out work for any other body or person, supplying goods and services and developing and exploiting ideas, and exploiting intellectual property. In order to ensure that such activity is not detrimental to the provision of the public library service, Departmental approval will be required.

Clause 5 (Powers of Authority in relation to land) enables the Authority, with the approval of the Department to acquire, hold and dispose of land for the purpose of carrying out its functions.

Clause 6 (Charges for library services) retains the principle of a free public lending library and free access to information whilst enabling the Authority to make charges for some of its services or the use of its premises. Charges for services will be specified in a scheme that will require Departmental approval. This retains the approach of the Education and Libraries Order but simplifies the provisions.

Clause 7 (Byelaws in respect of use of library facilities) enables the Authority to introduce byelaws in respect of conduct in and use of library facilities and enables officers of the Authority to remove from library premises anyone who contravenes the byelaws. Contravention of the byelaws creates an offence, summary conviction for which attracts a fine.

Clause 8 (Grants for and in connection with library services) enables the Department to pay grants to persons or bodies (currently the Linen Hall Library and the Library and Information Services Council) other than the Authority for the provision of certain library services. The Department will attach terms and conditions to the grant and is empowered to retrieve or withhold funding in the event of default of grant conditions.

Clause 9 (Power of direction) enables the Department to give general or specific directions as to the exercise of its functions.

Schedule 1 is standard for a non-departmental public body. It describes the status of the Authority, makes provision for the appointment of board members, the employment of staff, the need for committees and the proceedings of committees. It also makes provision for the payment of grant by the Department of Culture, Arts and Leisure and sets out the responsibility of the Authority to produce accounts and an annual report.

Schedule 2 provides for a scheme for the transfer of property, rights and liabilities from the Education and Library Boards to the Library Authority. It makes provision for all staff who transfer to have the statutory protections of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and for the protection of pensions. Provision is also made for independent third party dispute resolution and compensation.

FINANCIAL EFFECTS OF THE BILL

  1. Unifying five separate library services will, in time, lead to efficiency savings, particularly through a reduction of staff needed at middle and senior management level. Savings of £0.6m in 2009-10 rising to £1.2m in 2010-11 have been declared. There will be up front costs in setting up the Authority. Start-up costs for the current year have been estimated at £0.67m which covers part year salaries for the Chief Executive (designate) and other senior staff, a support team, rental of temporary premises and consultancy costs.
  2. Corporate and support services – finance, HR, IT etc – are currently supplied to the library service within the general administration of the Education and Library Boards, the costs of which, for historical reasons, are met by the Department of Education. There is no separate accounting process within the Education and Library Boards for the libraries’ part of corporate services and therefore the existing libraries budget within DCAL covers direct costs only. The Library Authority will need to ensure provision of corporate and support services. As these costs have not formed part of the DCAL library budget to date, a bid has to be made to cover them, but they are already provided from the public purse. An exercise to identify the cost of the support services is underway.

HUMAN RIGHTS ISSUES

  1. The provisions of the Bill are compatible with the Convention on Human Rights.

EQUALITY IMPACT ASSESSMENT

  1. The policy to administer and deliver the public library service through a regional library authority has been screened and the conclusion is that there is no need for a full equality impact assessment. Full details of the screening can be found on the Department’s website at www.dcalni.gov.uk.

SUMMARY OF THE REGULATORY IMPACT ASSESSMENT

  1. As there is no impact on businesses, voluntary organisations, charities or social economy enterprises a regulatory impact assessment was not considered necessary.

LEGISLATIVE COMPETENCE

  1. The Minister for Culture, Arts and Leisure has made the following statement under section 9 of the Northern Ireland Act 1998:

"In my view the Libraries Bill would be within the legislative competence of the Northern Ireland Assembly."

SECRETARY OF STATE CONSENT

  1. A statement is required under section 10(3)(b) of the Northern Ireland Act 1998, on Secretary of State consent:

"The Secretary of State has consented under section 10(3)(b) of the Northern Ireland Act 1998 to the Assembly considering this Bill."