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 4 to the report entitled, ‘Bridgewater Place Wind Mitigation Measures’ referred to in Minute No. 174 is exempt 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 4 as exempt outweighs the public interest in disclosing the information as there are potential legal implications with the proposals contained in this report.

(b)  Appendix 1 to the report entitled, ‘Leeds Arena: Legal Action: Montpellier Estates Ltd.’ referred to in Minute No. 177 is exempt in accordance with paragraph 10.4(3) and (5) of  Schedule 12A (3) of the Local Government Act 1972 on the grounds that it details the actions likely to be pursued by the Council in recovering its legal costs from MEL and comments on the potential of MEL progressing an appeal of the decision. The content of the Appendix would be covered by legal privilege, as it includes the substance of communications between the Council and its lawyers, where the purpose of those communications is the giving of legal advice. It is acknowledged that there is a strong element of public interest inbuilt into the privilege itself and, that the general maintenance of confidentiality between client and lawyer is a matter which is in the public interest. Conversely, whilst there is always some public interest in disclosure and whilst there may be relatively strong public interest in the public knowing about the way forward in respect of the recovery of legal costs and the potential of an appeal, it would seem there is little public interest in the disclosure of the advice and information contained in the Appendix.

It is, therefore, considered that in all the circumstances of the case, the public interest in maintaining the content of the Appendix as Exempt outweighs the public interest in disclosing the information contained in the Appendix. In addition, the Appendix contains information about an individual’s and companies financial and business affairs.

(c)  Appendix B to the report entitled, ‘Little London and Beeston Hill and Holbeck Housing PFI Project’ referred to in Minute No. 180 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 commercially sensitive information on the Council’s approach to procurement issues, financial information and commercial information in relation to the Preferred Bidder, where the benefit of keeping the information confidential is considered greater than that of allowing public access to the information.

(With regard to (b) and (c) 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 parts of those reports 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 Chairs that the consideration of such matters was urgent and could not reasonably be deferred to the next meeting).