Parish Councils Buying Land

Question

Can the purchase of land by a Parish Council be fully completed in Part2 meetings or does it have to go to a public consultation?

Answer 1

There are very few legal reasons as to why anything discussed at a Parish Council meeting should be in private (Part 2).  In fact, I didn't think that Part 2 existed anymore.  The rules are in The Public Bodies (Admission to Meetings) Act 1960 which allows for the closing of the meeting to press and public for reasons of confidentiality for the following instances

1. Personnel matters concerning the Parish Council Staff,
2. Terms of tenders, proposals and negotiations for contracts
3. Preparation of legal cases
4. Early stages of any dispute

So if the Parish Council are looking to purchase land at the very least this should be included in the public session to discuss the viability, set up a working party and gauge the general concensus of the public.  Then when it comes to the terms and conditions, this should be discussed in private as it is an ongoing legal matter at this point. Its important to remember that the Parish Council are buying the land to benefit the parish at the parish's expense.  The public have the right to know this surely?

I have had a number of battles with councillors who are too eager to make everything private when the really don't have the legal grounds to do so.

Comments

Agreed, and I would add that there must be a formal motion to exclude the public, passed by the council, and it must give a satisfactory reason for the conclusion. Although, obviously, the reason does not need to be so specific as to give away confidential information. I'd add to the list above the requirement to exclude the public in cases where otherwise the council would breach a duty of confidentiality, but this must be a formal obligation to be relevant, not just a wish for secrecy. It is fundamental to open democracy that council meetings are held in public whenever possible.