Agenda item

Exempt Information - Possible Exclusion of the Press and Public

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 1 to the report entitled, ‘Long Term Leases for Third Sector Affordable Housing Associations’, referred to in Minute No.144 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). As this report relates to the granting of leases to 3rd sector affordable housing providers it is considered that the public interest in maintaining the content of Appendix 1 as exempt from publication outweighs the public interest in disclosing the information;

 

(b)  Appendix 1 to the report entitled, ‘Design and Cost Report for the Acquisition of Unit 5, Landmark Court for Council Accommodation’, referred to in Minute No.146 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 it relates to the financial or business affairs of a particular of a person and 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 relates to a financial offer that the Council has submitted to purchase the property in a one to one negotiation 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 the 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 2 to the report entitled, ‘Relocation of the Medical Needs Teaching Service from the Grafton Centre’ referred to in Minute No.151 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 it relates to the financial or business affairs of the Council.  It is considered that the release of such information would, or would be likely to prejudice the Council’s commercial interests in relation to the potential future disposal of the site in question by prospective purchasers having 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 any disposal transaction and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time.