Decision to make an item confidential

Question

For a meeting of a Committee of the Council, who decides that an item should be treated as confidential?

Answer 1

If you search this site using “ excluding the public “ you will find chapter and verse about this

If you are unhappy with what happened and contact the Parish Council remember to quote the legislation

Comments

Thanks Jules for responding to my question. If I search as you suggest, I get lots of hits. Which one of these answers my specific question?

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Personnel , tenders, Contracts and early stages of a dispute - those are the four areas that allow for confidential matters.

Answer 2

As you haven't said what the committee is would possibly determine what is put in private business.  It its dealing with employment issues then items would definitely have to be placed in private business.  Also if there is a possibility of Data Protection breach could be another reason.

Answer 3

To answer your question, the council would decide if the item is confidential but they would have to cite which of the 4 areas the confidentiality falls under (already mentioned).  The Clerk would also need to advise if they were correct in their conclusion.  If something comes up in a meeting that becomes a confidential matter, a motion would have to be proposed to close the meeting to the public.

Comments

Thanks for this - and thanks to other who have responded. I understand that items can be considered in private and I understand that the particular grounds - usually involving the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Local Government Act - have to be given. However my question is not about this. My question is about the process by which an item appears on the agenda marked for confidential consideration. Does the Chair of the committee decide? What is the role of the Clerk? Suppose the Chair and Clerk disagree? When the resolution to exclude the press and public is proposed, does an individual Councillor have the information to challenge and possibly vote against the proposal? Are there different considerations for a Committee compared to the full Council?

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Is there anything relating to confidential business within the committees terms of reference?

Answer 4

The legislation decides: Public Bodies (Admission to Meetings) Act 1960 being one such act. Note that Councils, not an individual,  can only decide, by resolution, to meet in private when discussing confidential business or for other special reasons where publicity would be prejudicial to the public interest. For example information deemed to be exempt as per Schedule 12A to the Local Government Act 1972