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, ‘Temple Green Park and Ride: Land Purchase to Support Expansion’, referred to in Minute No. 122 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 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 one to one negotiations for the disposal of the property/land then 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 owners of other similar properties would have access to information about the nature and level of consideration which the Council is prepared to pay to acquire land. 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;

 

(b)  That Appendix B to the report entitled, ‘Design and Cost Report and Tender Acceptance Report for the Learning Places Expansion of Allerton Church of England Primary School’, referred to in Minute No. 123 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 or organisation (including the authority holding that information) which, if disclosed to the public, would, or would be likely to prejudice the commercial interests of that person, organisation or of the Council. It is therefore deemed not to be in the public interest to disclose this information at this time;

 

(c)  That Appendix 1 to the report entitled, ‘Lineham Farm: Assignment of Lease and Financial Implications’, referred to in Minute No. 138 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 third parties and of the Council, and the release of such information would be likely to prejudice the interests of all parties concerned, and potentially the transfer of the leases to the new Charitable Incorporated Organisation (CIO). Whilst there may be a public interest in disclosure, in all the circumstances of the matter, maintaining the exemption is considered to outweigh the public interest in disclosing this information at this time.