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 the 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 2(b) to the report referred to in Minute No. 9 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that it contains commercially sensitive information on the City Council’s approach towards procurement issues, affordability position and commercially sensitive pricing, together with information about the commercial risk position of Veolia. The benefit of keeping this information exempt is considered greater than that of allowing public access to the information.
In addition, Appendix 3 to the report referred to in the same minute, under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that it contains commercially sensitive information detailing the value of City Council owned property, the disclosure of which may prejudice future property development and disposals. The benefit of keeping this information exempt is considered greater than that of allowing public access to the information.
(b) Appendices 2 and 3 to the report referred to in Minute No. 27 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that they contain financial and business information of providers in the city and information on the negotiating position of the council in agreeing a fee structure with the independent sector providers. In applying this exemption, the council has considered the public interest test, as the information can only be withheld if the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The council acknowledges that there is a public interest in the fee structure for residential care however, we consider that the public interest in disclosing the information in the Appendices is outweighed by the public interest in maintaining the exemption. It is in the public interest that the council is able to negotiate residential and nursing fees which represent best value for money and in order to do this, the council must be able to share information confidentially with providers, who all operate in a commercially competitive market. By releasing the information within appendices 2 and 3, it could prejudice the council’s negotiation position on fees, on this occasion and in the future, and harm the council’s ability to achieve best value for money.
(c) Appendix 1 to the report referred to in Minute No. 28 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that it is considered that the public interest in maintaining this information as exempt outweighs the public interest in disclosing the information, as disclosure may prejudice the outcome of the procurement process and the cost of developing the facility. For this reason, Appendix 1 is marked as Exempt/Confidential under the Council’s Access to Information Procedure Rule 10.4 (3).