Can a Chairman call for a resolution on exemption just after the meeting starts, when the agenda has no notice of it

Question

At a recent meeting, a TC chairman called on members present to resolve that one item on the agenda for the actual meeting taking place contained  exempt information.  The agenda did not have any reference  to exempt or confidential information.  When the resolution was given, a member of the public was told that he could remain   for the item, but had to promise not to reveal what he had heard.was confidential and give an undertaking not to share it.  The member of the public refused to consent to this, arguing that if anything discussed was exempted, a resolution should have been passed before the agenda was issued, not at the meeting.  He walked out in disgust.

Can a chair add items for discussion and decision after a meeting starts  that are not on the published agenda. If not which act stipulates this?

Answer 1

There is no legal bar to introducing a resolution to exclude the public, it depends on the particular council's standing orders. Most councils' standing orders provide that a motion to exclude the public can be put without prior notice, in which case the chairman's actions are lawful. A reason must be given (although it need not be so specific as to breach confidentiality) and the motion voted on to be effective. Obviously it is better public relations to give advance warning of an exclusion, and it is best avoided unless absolutely necessary.