Meeting documents
Board of Trustees of the Recreation Ground, Bath
Thursday, 17th July, 2008
Access to Information Arrangements
Exclusion of access by the public to Council meetings
Information Compliance Ref: LGA-08-012 |
Meeting: The Board of Trustees of the Recreation Ground, Bath |
Date: 17 July 2008 |
Author: Keith Bray |
Titles of Appendices:
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The appendices constitute exempt information, according to the categories set out in the Local Government Act 1972 (amended Schedule 12A). The relevant exemption is set out below.
Stating the exemption: 3. Information relating to the financial or business affairs of any particular person (including the authority holding that information). |
The public interest test has been applied, and it is concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure at this time. It is therefore recommended that should the committee wish to discuss the appendices to the report, the public should be excluded from the meeting.
Factors for withholding:
- The Appendices contain information which relates to the
financial and business affairs of the Council.
- The Appendices contain commercial information detailing
proposals regarding the future occupation and use of the Recreation
ground. It is important that the Council is able to protect its
commercial position in this matter while the options are considered
and progressed.
- Negotiations with various third parties have not yet been finalised. It would prejudice the Council's commercial position to make information about the current proposals available, until such time as those negotiations are complete.
Factors for disclosure:
The Council considers that most of the factors suggested by the Information Commissioner as being relevant to an assessment of public interest apply to this information. Disclosure would:-
- further public understanding of the issues involved;
- further public participation in the public debate of issues, in
that disclosure would allow a more informed debate;
- promote accountability and transparency by the Council for the
decisions it takes;
- promote accountability and transparency in the spending of
public money;
- allow individuals and companies to understand decisions made by
the Council affecting their lives and assist individuals to
challenge those decisions;
Reasons why the public interest favours withholding the information:
- The Council considers that the public interest has been served
by the fact that the main report will be disclosed.
- It is important for public authorities to have some measure of
`private thinking space', and that they are able to share important
information with Members tasked with representing the local
community.
- The successful completion of this transaction will provide
positive community outcomes. It is therefore in the public interest
to ensure the Council has every chance of attaining a positive
result in respect of the transaction.
- The Council has a fiduciary duty to gain best value on behalf
of tax payers in respect of its business transactions. Disclosure
of this information would prejudice the Council's negotiating
position in respect of the ground, thereby introducing the
possibility that the Council may not gain best value on behalf of
taxpayers, and this is not in the public interest.
- It is in the public interest that the Council is able to
deliver cost-effective solutions in relation to significant local
issues. This depends partly on the Council being able to protect
its commercial position while the detailed terms of relevant
schemes and proposals are agreed.
- The Appendix refers to unresolved issues about which the
Council hasn't yet formed a final view - there is an important
public interest in the Council being able to consider these issues
in private.
- Once the proposals have been agreed and finalised, it is likely that this information will be less commercially sensitive than at the current time. Accordingly the Council will then be willing to consider disclosure of the information in response to any requests, and in line with its duties under Freedom of Information legislation.