Agenda item

Exclusion of the 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 containing 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 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 38 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that publication could prejudice the City Council’s commercial interests as the appendix includes matters where negotiations of a confidential nature will ensue.  In these circumstances it is considered that the public interest in disclosing this commercial information outweighs the interests of disclosure.

(b)  Appendix B to the report referred to in minute 41 under the terms of Access to Information Procedure Rule 10.4(3) and (4) and on the grounds that the public interest in maintaining the exemption outweighs the public interest in disclosing the information as it relates to the financial or business affairs of the parties identified in the report, and of the Council and that publication could prejudice the Council’s commercial interests as it includes financial  information relating to contracts that if published could influence negotiations between the Council and potential contractors.

(c)  Appendices 1 and 2 of the report referred to in minute 44 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that the public interest in maintaining the exemption outweighs the public interest in disclosing the information because publication could prejudice the City Council’s commercial interests as, both the appendix and the final business case include matters where final negotiations on the contract are not yet complete, and these negotiations are confidential between the City Council, the LEP and Environments for Learning (E4L). In addition both the Appendix and the Final Business Case contain sensitive commercial information supplied to the City Council by the LEP and E4L.

(d)  The appendix to the report referred to in minute 55 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that the information is not publicly available from the statutory registers of information kept in respect of of certain companies and charities. It is considered that since this information was obtained through one to one negotiations for the acquisition of the property/land then it is not in the public interest to disclose this information at this point in time as this could lead to random competing bids which would undermine this method of negotiations and affect the integrity of acquisition of property/land by this process.  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 could obtain 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 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.

(e)  Appendix 1 to the report referred to in minute 58 under the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that the public interest in maintaining the exemption outweighs the public interest in disclosing the information because it relates to the financial or business affairs of a particular person and of the Council. This information is not publicly available from Statutory registers of information kept in respect of certain companies and charities. To release full details of all of these matters into the public domain would almost certainly prejudice landowners and the Council’s commercial interests as there may be interventions by rival parties at this stage of the land assembly process.  In addition, these kind of interventions would lead to serious prejudice to the Council’s commercial interests and could damage the process of negotiations with the owners.