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)  Appendix A and Appendix F to the report entitled, ‘Approval to Proceed with Proposal to Develop a Social Enterprise in the form of a Staff led Mutual to Deliver the Learning Disability Community Support Service’, referred to in Minute No. 145 are designated as exempt from publication, with Appendix A being exempted in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 and Appendix F being exempted in accordance with paragraph 10.4(5) of the same schedule. Such resolutions are on the grounds that they contain commercially sensitive financial information and information about business affairs, and (in relation to Appendix F) information relating to consultations or negotiations in connection with labour relations matters arising between the Council and its employees. It is suggested that the publication of this information would or would be likely to prejudice the commercial interests of the Social Enterprise, and of the Council. It is acknowledged that there is always a strong public interest in transparency and accountability in relation to contracts entered into by the Council, and also that there is a strong public interest in the public understanding the new arrangements for the Learning Disability Community Support Service. However, there is also a strong public interest in the new Social Enterprise being placed on a “level playing field” with potential competitors. In addition, the new Social Enterprise and its subsidiary will be subject to statutory requirements for the publication of certain financial and business information in the same way as all other Community Benefit Societies, and private companies. It is therefore deemed that in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

(b)  Appendix 1 to the report entitled, ‘East Leeds Leisure Centre, Neville Road, Halton, Leeds 15’, referred to in Minute No. 154 is designated as exempt from publication in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that the information contained within the submitted appendix relates to the financial or business affairs of a particular person or organisation, 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.

(c)  Appendix 6 to the report entitled, ‘Site Allocations Plan and Aire Valley Leeds Area Action Plan: Site Allocation Proposals’, referred to in Minute No. 144 is designated as exempt from publication in accordance with paragraph 10.4(5) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that it contains information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. It is considered that the public interest in maintaining the content of Appendix 6 as exempt outweighs the public interest in disclosing the information.

(d)  Appendix B to the report entitled, ‘Grand Theatre and Opera House Ltd. – Future Operation and Governance Options Appraisal’ referred to in Minute No. 159 is designated as exempt from publication 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 any particular person (including the authority holding that information). It is considered that the public interest in maintaining the content of Appendix B as exempt from publication outweighs the public interest in disclosing the information as this appendix contains soft-market testing.