WEST Berkshire Council is only keeping libraries open because it has been told by the government that it would be acting illegally by pressing ahead with its original proposals to close them.
The council was proposing to close eight of the district's nine libraries - leaving just Newbury open.
But yesterday it announced it was using £475,000 of 'transitional funding' to give six of them a temporary stay of execution.
Today, council papers seem to reveal why - the Department for Culture, Media and Sport (DCMS) have told the council it would be breaching its statutory duty if it was to do so.
Under the Public Libraries and Museums Act, the council has a statutory duty to provide a "comprehensive and efficient library service".
There had been questions from campaigners and members of the public as to whether keeping just one library open could be considered as a comprehensive and efficient service.
It appears they were right with council papers published at 2pm yesterday afternoon revealing that the council would be "failing" in its duty if it closed eight libraries.
In its Equality Assessment Impact (EAI) report, published by the council's culture and environmental protection officer Mike Brook, it says that the DCMS had told the council it would have to complete a detailed Needs Assessment before approving its proposals.
The report adds: "The proposal (to close eight libraries) should be reconsidered so that libraries are retained pending the outcome of an independent Needs Assessment.
It adds: "The council will fail in its equality duty, and also statutory duty to provide a comprehensive and efficient library service under the Public Libraries and Museums Act if it proceeds with a major reduction in its Libraries service without due process.
"I recommend the proposal be reconsidered so that libraries are retained pending the outcome and recommendations of an independent Needs Assessment."