What are the rules concerning a Parish Council going into camera and then resolving to make public its minutes?

Question

At a recent Parish Council meeting, its Chairman announced verbally - there was no witten report  - that the Council's insurers had specified, after considering 3 estimates, that a particular contractor be appointed to carry out repair work to Council property which had been damaged.   

One Councillor expressed concern about the use of the specified contractor and, after some discussion, someone shouted from the public gallery that the matter should be discussed 'in camera'. The Council then resolved to go into 'camera' to discuss the matter even though there was no 'in camera' item on the agenda. There was no advice from the Clerk who remained silent.

The 'in camera' discussion concerned the process by which the estimate from the specified contractor had been processed - via another councillor - and recent public criticisms that the specified contractor had made of the Council. Neverthess, the Council agreed to appoint the contractor specified by its insurers. 

Other Councillors are now demanding that the minutes of the 'in camera' discussion be made public and the Clerk is now advising that the Council should not have gone into camera when the appointment of the contractor was discussed.

Was it lawful for the Council to have gone into 'camera' when there was no 'in camera' item on the agenda?

If not, surely the Clerk should have advised that the appointment of the contractor should be adjourned to be discussed 'in camera' at a further Council meeting?  

Would it be lawful for the Council to make public its 'in camera' minutes concerning the appointment of the contractor which clearly contain commercially sensitive information and personal criticisms of the councillor who passed the specified contractor's estimate to the Council?  

What, if any, criticisms can be levelled at the Clerk for providing no advice to the Council at the time the matter was first dicussed and for now advising that the 'in camera' minutes can be made public because the Council should not have gone into camera to discuss the concerns expressed about the contractor specified by the insurers?  

 

 

 

 

 

Answer 1

Assuming there was an agenda item to decide on appointing a contractor, it is quite possible that there is not a lot wrong in what happened, except perhaps the terminology used.

The answer does depend on the council's standing orders, and I am assuming that they follow the model provided by NALC.

In general, meetings are public, but a council can consider a resolution to exclude the public.  Advance notice of such a resolution is not required under most councils' standing orders.  The resolution should state the reason, in general terms, such as a requirement for commercial confidentiality.  The resolution should be voted on, and if passed, members of the public are asked to leave.

Council decisions must be recorded in minutes, and electors have the right to inspect minutes.  But minutes need only record the decisions of the council, and need not contain an account of the discussion.  So there is no reason why the minutes need compromise confidentiality.

The clerk is in a difficult position if unsure of the exact position during a meeting.  Without knowing the reasons now given by the clerk for the stated view, it would be unfair to comment.