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.
Minutes:
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 2 to the report regarding ‘Potential Investment in the East Leeds Orbital Road” referred to in Minute No. 129 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 third party investor and of the Council. It is considered that the release of such information during the discussion about the proposed investment and negotiations of terms could prejudice the interests of either party. As such it is considered that the public interest in maintaining the content of appendix 2 as exempt outweighs the public interest in disclosing the information.
(b) Appendix 3 to the report regarding ‘Victoria Gate Public Realm Improvements’ referred to in Minute No. 130 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 within the appendix relates to the financial or business affairs of a particular of a particular person and the Council. This information is not publicly available from the statutory registers of information kept in relation to certain companies and charities. It is considered that since this information was obtained from a third party and is subject to their contract negotiations 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 and the third party’s commercial interests in relation to the works contract and any future contracts on similar works. It is therefore considered that this element of the report should be treated as exempt under rule 10.4(3) of the Access to Information Procedure Rules.
(c) Appendix 1 to the report regarding ‘Development of a District Heating Network’ referred to in Minute No. 141 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 within the appendix relates to the financial or business affairs of a particular of a particular person and the Council. The information contained within appendix 1 is commercially sensitive, relating to financial and business affairs currently being contemplated by the Council. Disclosure at this stage will impact on the Council’s ability to negotiate the best commercial deal and achieve best value. Consequently, the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.