Agenda item

Exempt Information - Possible Exclusion of the Press and 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 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 as 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 1 to the report referred to in Minute No. 47 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that it relates to the financial or business affairs of the Council and it is therefore considered not to be in the public interest to disclose this information, as it would be likely to prejudice the Council’s current negotiations.

 

(b)  Appendix 1 to the report referred to in Minute No. 48, under the  terms of Access to Information Procedure Rule 10.4(3) and on the grounds that this information relates to the financial or business affairs of a particular person and of the Council. It is therefore considered that since this information was obtained through one to one negotiations for the disposal of the property/land, then it is not in the public interest to disclose this information at this point in time. 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. 

 

(c)  The appendix to the report referred to in Minute No. 53, under the  terms of Access to Information Procedure Rule 10.4(3) and on the grounds that it relates to the financial or business affairs of a particular person, and of the Council. 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 one to one negotiations for the disposal of the property/land then it is not in the public interest to disclose this information at this point in time.  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 consideration 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 2 to the report referred to in Minute No. 54, under the  terms of Access to Information Procedure Rule 10.4(3) and on the grounds that the condition of the exemption is that in all of the circumstances the public interest in exempting should outweigh the public interest in disclosing.  In the Council’s judgment, the commercial information relating to this proposal should not be disclosed as the interests of potential bidders could be prejudiced if these financial terms became available to them. 

 

(e)    Appendices 1 and 2 to the report referred to in Minute No. 55, under the  terms of Access to Information Procedure Rule 10.4(3) and appendix 3 to the report referred to in the same minute, under the terms of Access to Information Procedure Rules 10.4 (3) and (5). This is due to the fact that the appendices contain commercially sensitive information on the City Council’s approach to procurement issues, and commercially sensitive pricing and information about the commercial risk position of the City Council’s proposed Preferred Bidder, where the benefit of keeping the information confidential is considered greater than that of allowing public access to the information.