Exclusion of the Press and Public
To consider passing the following resolution:
To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 5 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 1of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.
Minutes:
On the basis of their earlier decision on 20 March 2013 to exclude the public the Sub-Committee felt that this should remain the position pending consideration of Councillor Hawker’s request for an adjournment, and therefore:
Resolved:
In accordance with section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in item 5 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.
Exclusion of the Press and Public
To consider passing the following resolution:
To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 5 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 7(c) of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.
Minutes:
The Chairman invited representations from the parties on whether the preliminary hearing should be conducted in public or closed session.
The
complainant had no objection to the matter being heard in
public.
The
investigating officer, through Mr Cain, indicated that he had no
objection to the matter being heard in public, subject to the
redaction of third party personal details in accordance with the
Council’s data protection obligations, before release of
documentation into the public domain.
Mr Morland, on behalf of the subject
member, objected to the matter being dealt with in the public
domain on the grounds that the process and investigation report
were deeply flawed and prejudicial to the subject member and
publication in these circumstances would not be fair.
Having regard to these representations and advice from the Monitoring Officer the Sub-Committee concluded, on balance, that the preliminary hearing should proceed in the absence of the public at this stage. The Sub-Committee were, however, mindful of the need for openness and transparency in these matters and noted that the position would be reviewed further at any substantive hearing. The Sub-Committee, therefore,
Resolved:
In accordance with section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in item 5 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.
After consulting the parties, the Chairman agreed that Councillor Newbury should be permitted to remain in the hearing as a Wiltshire Councillor.