Recording during council meeting only allowed with written permission.

Question

My parish council has recently updated their Standing Orders, the 24 page document shows NALC logo on its final page.

Is the council correct in making 'council's prior written permission' a requirement or indeed is it carrying out an illegal act.?
..........................................................

Front Page off the SOs show:

Council Name.
Reviewed February 2018
Adopted at Council Meeting held on 13th March 2018

Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is not permitted without the Council’s prior written consent. (emphasis as shown on SOs)

Answer 1

The law, which came into effect on 6th August 2014, allows the recording (filming, tweeting etc) to be done. Your Clerk is incorrect in asking for written permission. It is a pity this type of practice still exists (not uncommon I think) instead of helping residents to use this transparency law and procedure. The Local Government Ethical Standards Stakeholder consultation  (which finishes in May 2018) will bring this out. I have filled in my views. Maybe the Clerk is influenced by Councillors?
Note: the Law overrides what is in Standing Orders. Make this position clear to the Clerk.

Comments

Thank you for your answer.
I thought the SO was incorrect and I am concerned that the council has shown the words in bold text which NALC actually states is their way of saying "this is a requirement" , It begs the question has the council set out to deliberately deceive..

Answer 2

It would seem that your parish council are using the NALC model standing orders from a couple of versions ago.  The reason for it being in bold is the model standing orders have items that are legal requirements in bold that have to be kept.  The items in normal print can be adapted to suit the particular council.  A lot of councils don't read the standing orders before adopting them and will just cut and paste (hence it still being bold).

It is illegal to prevent recording of meetings now.  The only exception is verbal reporting as that would be seen as disturbing the meeting by talking during the meeting.  Note taken and recording on a camera or Dictaphone cannot be prevented.

Answer 3

So what is the position of a sitting councillor who wants to record the meeting?

Comments

I can't see any reason why not.
If there is a problem then you as a member of the of the public could always put a recoder on a chair before you took your position as a councillor!

---

Anyone can record the meeting, Councillor or member of the public.  There is no differentiation.

Answer 4

The monitoring officer of the Principal Authority should be contacted about this issue and asked to direct the Clerk to amend the SO's. Anybody, including a sitting Councillor is entitled to make a video or audio recording of the meeting..No prior permission of any kind needs to be sought.