Agenda item

Exclusion of the Public

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

 

2  To consider whether or not to accept the officers recommendation in respect of the above information.

 

3  If so, to formally pass the following resolution:-

 

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information.

 

 

Minutes:

RESOLVED – That the public be excluded from the meeting during consideration of the following parts of the agenda designated exempt on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:

 

(a)  Appendix 2 to the report referred to in minute 69 under the terms of Access to Information Procedure Rule 10.4(1) and (2) and on the grounds that the public interest in maintaining the exemption outweighs the public interest in disclosing the information because Education Leeds has a duty to secure improvement and increased confidence in the schools concerned, which would be adversely affected by the disclosure of this information.

 

(b)  Appendix 2 to the report referred to in minute 70 under the terms of Access to Information Procedure Rule 10.4(1) and (2), and on the grounds that the public interest in maintaining the exemption outweighs the public interest in disclosing the information because Education Leeds has a duty to secure improvement and increased confidence in the schools concerned, which would be adversely affected by the disclosure of this information.

 

(c)  The appendix to the report referred to in minute 73 under the terms of Access to Information Procedure Rule 10.4(3), and on the grounds that this information is not publicly available from the statutory registers of information kept in respect of certain companies and charities.  It is considered that since this information was obtained through the inviting of best and final offers for the property/land then it is not in the public interest to disclose this information at this point in time as this could lead to random competing bids which would undermine this method of inviting bids and affect the integrity of disposing of property/land by this process.  Also it is considered that the release of such information would or would be likely to prejudice the Council’s commercial interests in relation to other similar transactions in that prospective purchasers of other similar properties would have access to information about the nature and level of offers which may prove acceptable to the Council.  It is considered that whilst there may be a public interest in disclosure, much of this information will be publicly available from the Land Registry following completion of this transaction and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time.

 

(d)  Appendix B to the report referred to in minute 78 under the terms of Access to Information Procedure Rule 10.4(1) and (2), as the appendix makes reference to the situation of an individual affected by the present situation, and 10.4(3) and (5) as the appendix contains an analysis of the Council’s current legal position and proposed course of action for resolution through court proceedings.  In each case the information is exempt and so long, as in all of the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  It is submitted that such is the case at the present time.

 

(e)  Appendix 2 to the report referred to in minute 80 under the terms of Access to Information Procedure Rule 10.4(3), and on the grounds that this information is not publicly available from the statutory registers of information kept in respect of certain companies and charities.  It is considered that since this information was obtained through inviting best and final offers for the property/land and also one to one negotiations, then it is not in the public interest to disclose this information at this point in time as this could lead to random competing bids which would undermine this method of inviting bids and affect the integrity of disposing of property/land by this process.  Also it is considered that the release of such information would or would be likely to prejudice the Council’s commercial interests in relation to other similar transactions in that prospective purchasers of other similar properties would have access to information about the nature and level of offers which may prove acceptable to the Council. It is considered that whilst there may be public interest in disclosure, much of this information will be publicly available from Land Registry following completion of this transaction and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time.

 

(f)  The appendix to the report referred to in minute 83 under the terms of Access to Information Procedure Rule 10.4(3), and on the grounds that this information is not publicly available from the statutory registers of information kept in respect of certain companies and charities.  It is considered that since this information was obtained through inviting best and final offers for the land then it is not in the public interest to disclose this information at this point in time as this could lead to random competing bids which undermine this method of inviting bids and affect the integrity of disposing of land by this process.  Also it is considered that the release of such information would or would be likely to prejudice the Council’s commercial interests in relation to other similar transactions in that prospective bidders for other similar contracts would be aware of the nature and level of offers which may prove acceptable to the Council. It is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time.