Agenda item

1  To highlight reports or appendices which officers have identified as containing exempt information within the meaning of Section 100I of the Local Government Act 1972, 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 the recommendation is accepted, to formally pass the following resolution:-

RESOLVED –  That, in accordance with Regulation 4 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during consideration of those 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 press and public were present there would be disclosure to them of exempt information.

RESOLVED – That, in accordance with Regulation 4 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, 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)  Appendices B, C and E of the report entitled, ‘Support to the Leeds Rail Growth Package – Agreement of Terms and Conditions” referred to in Minute No. 18 is exempt in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that they contain information relating to the financial or business affairs of the Council and its partners in the scheme. It is considered that the release of such information would or would be likely to prejudice the Council’s commercial interests, as well as those of its partners, in relation to the development of the proposals and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time.  It is therefore considered that these elements of the report should be treated as exempt under Access to Information Procedure Rule 10.4 (3).

(b)  Appendix 1 of the report entitled, ‘St George House, 42 Great George Street, Leeds LS1’ referred to in Minute No. 22 is exempt in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that it contains information relating to the financial or business affairs of a particular company and of the Council. Such information is not publicly available from the statutory registers of information kept in respect of certain companies. It is considered that since this information relates to a financial offer that the Council has submitted to purchase the property in a competitive best and final bid process, then it is not in the public interest to disclose this information at this point in time. Also, the release of such information would or would be likely to prejudice the Council’s commercial interests in relation to any similar future transactions. Consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time.  It is therefore considered that this element of the report should be treated as exempt under Access to Information Procedure Rule 10.4 (3).

With regard to (b) above, as it had not been possible to make available 28 clear days ahead of the meeting a notice detailing the intention to consider the exempt part of the report in private, then in line with Regulation 5 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, prior agreement had been obtained from the relevant Scrutiny Board Chair that the consideration of the matter was urgent and could not reasonably be deferred to the next meeting).