Public Libraries and Museums Act (Hansard, 24 November 1986)

§ 57. Mr. Cartwright
asked the Minister for the Arts what action he proposes to take in exercise of his powers under the Public Libraries and Museums Act 1964 in the light of the High Court judgment on the matter of the banning of News International publications in some public libraries.

§ The Minister for the Arts (Mr. Richard Luce)
Following its successful High Court action against three London boroughs, News International has indicated that it may institute proceedings against the other English and Welsh authorities operating similar bans if these are not lifted quickly. I am watching the situation closely. Meanwhile, I note the news that 14 authorities have lifted the ban as a result of the High Court judgment.
I have written to the chairman of the Audit Commission drawing attention to the fact that the councillors of Camden, Ealing and Hammersmith and Fulham maintained their ban in defiance of what Lord Justice Watkins described as "impeccably sound advice" that they were acting unlawfully.

§ Mr. Cartwright
Does not the High Court judgment make it absolutely clear that all the authorities that have banned News International publications have acted illegally? Will the right hon. Gentleman confirm that he has the statutory powers to uphold the law in these matters? Why has he not followed the advice of the Library Association, given as long ago as March this year, and used his powers to require those authorities to drop the ban forthwith?

§ Mr. Luce
The position is absolutely clear, and as I have described it. News International took legal action. It is 14 interesting to note that Lord Justice Watkins, in referring to the Act under which I am empowered to institute proceedings, said: The statutory remedy involves a cumbersome procedure which is wholly unsuited to meet the requirements of a necessarily swift resolution of the issue arising out of the ban. I started to institute proceedings under the Act and wrote to all authorities concerned, but in July News International decided to institute court proceedings. We now know the outcome.

§ Mr. Greenway
Would it not be outrageous and unacceptable if the ratepayers of Ealing and of the other councils involved in instituting the illegal ban on The Times and other News International newspapers in libraries were required to pay the heavy legal costs of the Labour councillors who involved the councils in that action? Should not those expenses be met by those councillors from party funds or in some other way, not by the ratepayers and taxpayers?

§ Mr. Luce
My hon. Friend has been right to take a close interest in this problem. For the reasons I have just mentioned, I have now written to the chairman of the Audit Commission about these matters. It is open to any elector in a borough which is maintaining or has maintained such a ban to make a formal objection to the district auditor about the conduct of the councillors involved.

§ Mr. Heffer
Whether it is legal or illegal, is it not clear that many councillors feel very upset at the fact that Murdoch could sack 6,000 workers without giving a damn about what happened to them? Is it not also clear that Conservative Members are actually hiding behind the law in order to carry out policies contrary to the interests of working people?

§ Mr. Luce
The important thing that the hon. Gentleman seems to ignore is that those authorities have been found to have contravened the Public Libraries and Museums Act 1964 and to have withdrawn newspapers in order to make a political or industrial point. That contravenes the Act, and if the hon. Gentleman believes in following the law he should support the decision that has been taken.

§ Sir Anthony Grant
As the Act seems to be a somewhat cumbersome way of dealing with this censorship problem, would not a simpler solution be for the Leader of the Opposition, in view of his desire to improve the image of his party, to write to those loony councils and tell them to behave themselves?

§ Mr. Luce
I agree entirely with my hon. Friend. It is very noticeable that we have not yet had an Opposition Member who has welcomed the decision of the judge.

§ Mr. Buchan
In his new-found zest for a lack of censorship, may I ask the Minister to tell us how frequently he has intervened over some of the Tory councils, especially county councils, which have refused to carry out their full statutory duties in the way of provision of books in libraries? Could he also tell us how many libraries in the home counties which stock The Sun also stock, for example, Tribune or Labour Weekly, and if they do not, has he tried to ensure that they do that? Just out of interest, would he tell us, as the Minister responsible for the arts and culture in this country, what The Sun has contributed to human civilisation?

§ Mr. Luce
I find it astonishing that the hon. Gentleman should indulge in such a long intervention and not once say that the action by those authorities was unacceptable. Not once has he condemned the court action. That is what the House and the country will note.