AGENDA
MEMBERS OF THE PUBLIC TO NOTE
Under the law, the Cabinet is entitled to consider certain items in private. Members of the public will be asked to leave the meeting when such items are discussed.
The Cabinet is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, as amended and consequently that the Cabinet makes the following resolution:-
“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.
Paragraph 1
Information relating to any individual
Paragraph 2
Information which is likely to reveal the identity of an individual
Paragraph 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
LEICESTER’S NEW BUSINESS GATEWAY NEW BUSINESS QUARTER PHASE 2 (NBQ2)
SALE OF LAND AND VIADUCT AT DUNS LANE
Minutes:
The Cabinet discussed the recommended reasons for excluding the press and public from discussions for two items of business. The Director of Legal Services stated that reports should be considered in public unless there were strong reasons not to. Specific reasons for “exemption” were set out in legislation. In addition, Cabinet should consider whether the public interest in maintaining the exemption outweighed the public interest in discussing the issue in public.
With regard to the item, “Leicester’s New Business Gateway New Business Quarter Phase 2,” Cabinet considered that it was appropriate to discuss the matter in private for the reasons set out in the report, namely “Information relating to any individual,” “Information which is likely to reveal the identity of an individual,” and ”Information relating to the financial or business affairs of any particular person (including the authority holding that information),” as set out in Paragraphs 1,2 and 3 of Part 1 of Schedule 12A of the Local Government Act 1972 as amended, and as the public interest in maintaining the information as exempt outweighed the public interest in disclosing it.
Cabinet discussed the issue of the item, “Sale of Land and Viaduct at Duns Lane,” which was classed as exempt on the grounds of Paragraph 3, as above, “Information relating to the financial or business affairs of any particular person (including the authority holding that information).”
The Director of Legal Services stated that Cabinet should consider the grounds available and to review whether, in all the current circumstances of the case, these grounds were appropriate. If so, they would then need to decide whether, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. He explained that the report contained information on:
1) the terms of the sale of land to De Montfort University (DMU) including price;
2) Estimated costs for the demolition of the bridge and other works (including works to be undertaken by DMU);
3) Details of the site assembly issues;
4) Details of risks for the Council in achieving the outcomes;
5) Details of actions necessary to be undertaken by DMU.
He also advised that interest had been shown via the Leicester Mercury and stated that the Leicester Mercury’s solicitors had written to the Proper Officer, by email that morning, reminding the Council of its statutory obligations and asking that either the clients, i.e. the Leicester Mercury reporter be allowed to remain for the item, or that the matter be deferred.
Councillor Willmott expressed disappointment that details of the report had been published in the Leicester Mercury, stating that this was likely to have seriously disadvantaged the Council in tendering for the demolition of the Bowstring Bridge, by hindering competition. It could also have a damaging effect on the Council’s relationship with organisations the Council dealt with on a financial basis. Action, if possible should be taken to investigate the leak. Councillor Willmott stated that the report dealt solely with technical financial matters, and it was already public knowledge that the bridge was to be demolished. He had always been happy to brief anyone about the issue.
Councillor Kitterick stated that the publication of the report had jeopardised the public purse to a potential six-figure sum, exemplifying why it was in the public interest for the discussion to be held in private, so as to protect public funds. He stated that he had spoken to the press on several occasions regarding the issue and answered all questions frankly.
Taking the above points into account, Cabinet considered that Paragraph 3 was available and in all circumstances it was in the public interest to maintain the report as exempt.
RESOLVED:
that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involved the likely disclosure of ‘exempt’ information, as defined in the Paragraph detailed below of Part 1 of Schedule 12A of the Act and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.
LEICESTER’S NEW BUSINESS GATEWAY NEW BUSINESS QUARTER PHASE 2 (NBQ2)
Paragraph 1
Information relating to any individual.
Paragraph 2
Information which is likely to reveal the identity of an individual.
Paragraph 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
SALE OF LAND AND VIADUCT AT DUNS LANE
Paragraph 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).