Biggleswade Town Council - Exempt Items at meetings



I have today sent this email to the Council:

The agendas and minutes always seem to include a heading Exempt Items. Under this it is stated:

The following resolution will be moved that it is advisable in the public interest that the public and press are excluded whilst the following exempt item + issue(s) is discussed.

Two points.

1. This is a minor one, but from a presentation and understanding point of view I would have thought it should be:

The following resolution will be moved:

That it is advisable in the public interest that the public and press are excluded whilst the following exempt item + issue(s) is discussed

2. It says the following item + issue (s), but I have never seen any shown. Should this statement always be included when there are no exempt items.

It goes on to say:

Section 1002(1) of the LGA (Access to Information) (variation) order 2006. Section 12a part 1 paragraph 3.

1. I cannot find any reference to Section 1002(1) of the above quoted variation order.

2. There is no Section 12a, it is Schedule 12a. - http://www.legislation.gov.uk/uksi/2006/88/article/3/made

3. If you believe that Schedule 12a is your justification for exempt items then the correct quote should be :

Section 100I *(1) of the Local Government Act 1972,  Schedule 12A, as amended by the Local Government (Access to information) (variation) order 2006, Part 1, Paragraph 3.

*Note -  that's a upper case i that precedes the asterisk.

If you are claiming exemption by quoting this you need to get it right, otherwise you cannot claim it.

If you are to discuss exempt items you should list them, and provide a brief non confidential summary after discussions have taken place, as other councils do. If at any meeting you are not going to claim exempt items, the agenda / minutes should reflect that there are none and the item should be omitted.

 

Other Councils use:

 

Under Section 1 of the Public Bodies (Admissions to Meetings) Act 1960 and in view of the confidential nature of business about to be transacted, it is advisable in the public interest that the press and public be temporarily excluded and they are instructed to withdraw

I trust you will make the necessary changes.