Issue details

There is a strong public interest case for holding this discussion with the cameras switched on. The public should know how the Council spends public money. With regard to A6MARR the public have a right to know how it was that the contract ran over by a year and what the implications will be for the public purse. By locking out the public, you are waving a flag saying “this is embarrassing”. The decision will reflect unfairly on elected members who are not responsible for it.

The decision runs contrary to the following points of guidance from the Information Commissioner, that holding the discussion in public would be:

·           Furthering the understanding and participation in the public debate of the day;

·           Promoting accountability and transparency by public authorities for their decisions;

·           Promoting accountability and transparency in the spending of public money;

Further points given by the Commissioner in favour of disclosure are:-

·           Transparency in the accountability of public funds;

·           Public money is being used effectively and the Council is getting value for money when purchasing goods and services;

·           The Council’s commercial activities – including the procurement process – are conducted in an open and honest way;

If exclusion is to be maintained, please justify your decision.

The report in question includes two elements, the first of which is a lengthier public report setting out the background to the recommended course of action and which does address many of the issues raised by the representation. Neither element of the report addresses the wider contractual performance as suggested in the representation this is outside of the scope of the specific issue being considered.

The report has been prepared to allow the Cabinet, if it so chooses, to consider the report in public but to exempt from publication those elements that it is lawful to do so on the grounds that it is ‘information relating to the financial or business affairs of any particular person (including the authority)’ as defined in paragraph 3 of section 12A of the Local Government Act 1972 (as amended). Furthermore, the disclosure of this information may prejudice the Council and the public interest in future contractual negotiations.

The submission of this public report to the Cabinet is in conformity with the law governing access to information and private meetings, the Cabinet’s delegation arrangements and within the spirit of the Information Commissioner’s guidance as reproduced by the representation.