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 from publication 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)  That Appendix 1 to the report entitled, ‘Design and Cost Report for Temple Works, Holbeck, South Bank’, referred to in Minute No. 100 be 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 that appendix relates to the financial or business affairs of any particular person (including the authority holding that information). As such, it is considered that the public interest in maintaining the content of the appendix as exempt from publication outweighs the public interest in disclosing the information;

 

(b)  That Appendix 1 to the report entitled, ‘Otley Civic Centre, Cross Green, Otley, LS21 1HD’, referred to in Minute No. 101 be 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 in Appendix 1 relates to the financial or business affairs of a particular person, 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 is subject to one to one discussions and further 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 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)  That Appendix 1 to the report entitled, ‘Provision of Specialist Accommodation for Working Age Adults on Land at Queensway, Yeadon, Leeds, LS19 7RD’, referred to in Minute No. 102 be 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 in the Appendix details how related powers and conditions have been considered in relation to the offers received and how such consideration has impacted upon the recommendation to accept the offer of the named purchaser. That information consequently relates to the financial or business affairs of a particular person, 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 inviting of best and final offers for 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 inviting bids and affect the integrity of disposing 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 would have access to information about the nature and level of offers 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;

 

(d)  That Appendices 1 and 2 to the report entitled, ‘Channel 4 and TV and Film Sector Growth in Leeds and Leeds City Region’, referred to in Minute No. 109 be 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 in appendices 1 and 2 contain 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 the appendices as exempt from publication outweighs the public interest in disclosing the information, as doing so would prejudice the Council’s commercial position and that of third parties should they be disclosed at this stage;

 

(e)  That Appendix 1 to the report entitled, ‘Rugby League World Cup 2021’, referred to in Minute No. 110 be 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 in the Appendix relates to the financial or business affairs of RLWC2021 Ltd. 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 is subject to one to one discussions and further assessment, 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 bid to RLWC2021 Ltd. given that there is an ongoing bid assessment process within a competitive bidding exercise. It is considered that whilst there may be a public interest in disclosure, much of this information will be publicly available from RLWC2021Ltd. and / or the Council after the outcome of the bid process is known and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time.