AGENDA TIMINGS

Question

Councillors and the public are due to have sight of any agenda three clear days before the day of the meeting.

Are any background papers definitively considered to be part of the Agenda and subject to the same requirements ?  And do clear days exclude weekends ie clear means  working days ?

Answer 1

LGA 1972 states that principal councils must publish both the agenda and reports so i guess they are not considered as part of the agenda.

If the parish council is classed as a smaller authority then the Transparency Code for Smaller Authorites demands that "publish meeting agendas, which are as full and informative as possible, and associated meeting papers not later than three clear days before the meeting to which they relate is taking place."

The Public Bodies (Admission to Meetings) Act 1960 section 1(4)(b) requires that reports are made available to the public in advance of the meeting (if thought necessary) but it does not specify a timescale.

Clear days excludes the date the agenda is published, the date of the meeting and any weekends or bank holidays.

Comments

The NALC's interpretation of the notice requirement refers to Sundays, rather than weekends, so Saturdays are included in the three clear days calculation.

From LTN5 - "Three clear days before a council meeting, notice of its date, time and venue must be posted in a conspicuous place in the parish (paragraph 10(2)(a) of schedule 12 to the 1972 Act). "Clear days" does not include the day on which notice was issued and the day of the meeting. Additionally, s.243 of the 1972 Act provides that the following days do not count when computing the three days:
a) Sundays;
b) a day of the Christmas break;
c) a day of the Easter break;
d) Bank holidays; and
e) days appointed for public thanksgiving or mourning."

Answer 2

Why would any council NOT publish supporting documents for public consumption prior to a meeting?

It’s just wholly illogical to adopt such a stance - but seemingly not at all uncommon
I bet those that don’t also have a public engagement strategy which they are so proud of.  So long as it looks good on paper nobody really cares what actually happens on the ground.

Comments

RAC.  The problem is not that the Agenda is issued late but that it usually comes with half of the papers.  The rest usually arrive in dribs and drabs with some being handed out on the night. This often leads to decisions being  made without sufficient time to read stuff.  This is now so common place that I really feel  like insisting that we must be given proper notice i.e. same as the agenda .  Hence my enquiry .   As regards the public the Agenda states "background papers available on application"

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Jamie firstly what does your publication scheme show ?
If all else fails put a motion forward requesting that unless in the case of exceptional circumstances all information to be used by Councillors to make decisions be circulated and made available to the public three clear days before the meeting

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Here’s the publication scheme https://www.birstallparishcouncil.org.uk/uploads/1-foi-model-publication-scheme-7.pdf