A NEW chapter has been opened in the Arbroath Library common good row.
Top level independent legal opinion is now to be sought after councillors rejected an official recommendation to bring the curtain down on a controversial and lengthy tussle over the library’s place on the Angus balance sheet by transferring the historic building out of the common good and into the general fund.
The potential loss to the common good of the Hill Terrace library a gift from businessman David Corsar in 1898 has been labelled “corporate theft” and local councillors led a unanimously supported bid aimed at keeping the sandstone building in the town pot.
At the year’s final full council meeting in Forfar, elected members rubber-stamped other parts of an official report which will see offices at Gravesend and recreational land at Queen’s Drive relocated on the authority accounts.
However, town councillor Alex King succeeded with a motion seeking a deferral on the library decision until a second independent legal opinion is obtained a move which looks set to involve Scotland’s former top law officer.
At the centre of the row is the historic Libraries Act, which Angus officials and legal experts believe has a significant bearing on the case.
Opponents to the transfer plan say Corsar’s intentions were clear and the library should remain on the common good for the benefit of the townsfolk as intended.
They fear the future could see Arbroath lose out if the library ceases to exist and the asset value goes to a general fund.
Legal chief Sheona Hunter told councillors: “I am not in any way challenging the fact that Arbroath Library was gifted to the people of Arbroath by Mr Corsar.”
But she said the gift had been given on condition that the council adopted the Libraries Act and that created a statutory provision.
Council auditors have said the library should be moved onto the books an opinion shared by senior counsel and supported by case law following a Court of Session challenge some years ago following a similar situation in a different authority area.
Mr King said: “Arbroath Town Council agreed to follow the Libraries Act two years before this building was bought and it was quite clearly the intention of David Corsar to gift this to the community.
“Unfortunately he didn’t have the foresight to write into the agreement what should happen to this building should it cease to be a library.”
Mr King’s legal advice move was accepted with the caveat that it should cost the council no more money. Some £1,500 has already been spent on obtaining senior counsel opinion.
That may see campaigners turn to Scotland’s former Lord Advocate, Lord Fraser of Carmyllie, who has already signalled his support for the library remaining on the common good account.
He has previously described parts of the report prepared on the library issue as “disingenuous” and campaigners believe the legal opinion could be challenged.
Arbroath independent Bob Spink said: “The whole basis of my argument is that this was a gift for the behoof of the people of Arbroath and there is a lot of waffle going on around this whole thing.
“The intention of the benefactor David Corsar was to give something to the people of Arbroath for the success in business that he came to enjoy in the town. To consider removing it from the common good insults the memory of the benefactor.”
gbrown@thecourier.co.uk