The Council is asked to consider in respect of agenda item number 5 whether the public, including the press, should be excluded from the meeting on the grounds of exemption under Parts I to 7 of Schedule 12A of the Local Government Act 1972, as indicated against the item and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information. The reports dealt with under this part of the agenda are attached for members of the Council and senior officers only (salmon paper).
Minutes:
Cllr Taylor proposed that the meeting went into part II. This was seconded by Cllr Dignum.
Cllr Brown asked if the debate on the recommendations could be considered in public. Mr Bennett raised a point of order and explained to members that if it is likely that the nature of the proceedings will disclose exempt information then lawfully the meeting should not take place in public. He added that it was very likely that the meeting would discuss such matters as there would be contractual discussions which would name those parties involved.
Cllr Moss explained that he had raised the matter with Mr Bennett prior to the meeting and respected his decision. He explained that he had sought alternative legal advice within the parameters of the information he was able to share due to the Part II nature of the report. Mr Bennett reminded Cllr Moss that if he were unhappy with his advice as Monitoring Officer he should inform him as such. Mr Bennett reiterated the strict rules of information sharing to which members must abide and the restrictions upon members seeking external legal advice without involving the monitoring officer where the subject relates to their role as a Councillor.
Cllr O’Kelly proposed a recorded vote which was seconded by Cllr Brown. This was supported by Cllr Bowden, Cllr Moss and Cllr O’Kelly.
The number of members required to request a recorded vote was reached.
Cllr Purnell asked what would happen if members voted against going into Part II. Mr Bennett confirmed that as Proper Officer he would have to request the meeting be deferred due to the legal consequences of it continuing so that he could obtain and offer external legal advice on the point to review the legal advice he had given on the application of the relevant test.
The recorded vote to go into part II was as follows:
Cllr Apel – Abstain
Cllr Bangert – Abstain
Cllr Barrett – For
Cllr Barrie – Abstain
Cllr Bell – For
Cllr Bowden – Against
Cllr Brisbane – Against
Cllr Briscoe – Absent
Cllr Brown – Against
Cllr Dignum – For
Cllr Duncton – For
Cllr Elliott – For
Cllr Evans – Absent
Cllr Fowler – Absent
Cllr Graves – For
Cllr Hamilton – For
Cllr Hobbs - For
Cllr D Johnson – Abstain
Cllr T Johnson – Abstain
Cllr Lintill – Absent
Cllr Lishman – Absent
Cllr McAra – For
Cllr Moss – Abstain
Cllr Oakley – For
Cllr O’Kelly – Against
Cllr Page – For
Cllr Palmer – For
Cllr Plant – For
Cllr Plowman – Against
Cllr Potter – For
Cllr Purnell – For
Cllr Rodgers – Against
Cllr Sharp – Abstain
Cllr Sutton – For
Cllr Taylor – For
Cllr Wilding – For
The result was as follows:
18 For
6 Against
7 Abstain
5 Absent
The recommendation to go into Part II was therefore carried:
RESOLVED
The in respect of agenda item 5 the public, including the press, should be excluded from the meeting on the grounds of exemption under Parts I to 7 of Schedule 12A of the Local Government Act 1972, as indicated against the item and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information.