National Library charitable status 'is threatened by planned reforms'

Published on Monday 19 July 2010 19:11

THE charitable status of the National Library of Scotland (NLS) and its ability to attract donations could be threatened by plans to hand powers to Scottish ministers to direct policy at the organisation, public bodies have warned.

A consultation on reforms to the way the public body is run revealed fears among the NLS and National Museums Scotland (NMS) that ministerial influence could threaten its independence, a development the NLS claims could dissuade donors from entrusting artefacts to its collection.

According to NMS, the plans - which would see Scottish ministers given power to direct the NLS board in an effort to improve accountability - are unnecessary and would be in conflict with charities legislation that preserves the independence of a charity's trustees. NMS claims no other charitable body in the UK is subject to such ministerial powers and insists the move, part of a wider examination of the governance of the NLS, would be "highly unusual", "contentious" and a "radical departure" from the current arrangements.

In its consultation response, NMS, which, as a national collections body, is set up in a similar fashion to NLS, offered broad support to the restructure, but raised concerns over ministerial powers.

"We do not consider it to be at all appropriate or necessary to bring NLS under ministerial direction," the NMS submission states. "(It] would have an impact on the status of NLS (or other national collections bodies) as a charitable body."

NMS said the proposed powers "would create a position where there was a direct conflict between the independent role and responsibility of trustees as trustees of a charity, and as board members of an (non- departmental public body) subject to ministerial direction.

"We would strongly submit the introduction of ministerial powers of direction are wholly inappropriate and would be in conflict with existing charities legislation and the duties and responsibilities of trustees."

The National Library itself also stated its support for some facets of the reform, such as reducing the size of its board, but warned it was important trustees retained full power over NLS resources.

"Without this, donors may be discouraged from future giving," NLS warned. "In addition, as a charity, NLS trustees are required to act independently at all times."

The Scottish Government insists the powers would be introduced with restrictions to maintain the independence of the board, but political opponents said the concerns highlighted the "meddling" of ministers.

Scottish Conservative education spokeswoman Liz Smith said: "This SNP government has a track record of meddling when it should leave well alone. Now respected historical institutions are unhappy with SNP ministers trying to take away their autonomy."

Labour's Pauline McNeill said: "This is a nothing short of a power-grab from SNP ministers. It is hard to see what the NLS has done that could possibly merit this Draconian action. Any move that would threaten the library's charitable status or its status as one of the great reference libraries of the world is highly alarming."

A spokeswoman for the Scottish Government said ministers would examine the full range of consultation responses on the governance reforms and would consider bringing forward legislation in due course.