The Committee is requested to consider passing the following resolution:-
“That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the remainder of the meeting on the grounds that the conduct of the Hearing will involve the likely disclosure of exempt information as defined in Paragraphs 1 and 5 of Part 1 of Schedule 12A, as amended, of the Act.”
Monitoring Officer’s Advice (as set out in the A.1 Report) – “That the exclusion of the press and public resolution is not passed, to enable the hearing to proceed with the Investigator’s Report in Public.”
Minutes:
Members were requested to consider passing the following resolution:-
“That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the remainder of the meeting on the grounds that the conduct of the Hearing will involve the likely disclosure of exempt information as defined in Paragraphs 1 and 5 of Part 1 of Schedule 12A, as amended, of the Act.”
The Committee, earlier on in the meeting (under Minute 5 above) had duly noted the Monitoring Officer’s Advice (as set out in her A.1 Report) namely: “That the exclusion of the press and public resolution is not passed, to enable the hearing to proceed with the Investigator’s Report in Public.”
Ian Taylor, acting on behalf of Councillor Turner, made the following representation:-
“Councillor Turner has asked that this Hearing be conducted in Part B on the grounds that he’s already suffered quite considerably as a result of these allegations being made and the subsequent investigation. He’s lost his attendance at Committee, he’s had his Party whip withdrawn from and he’s already had his role as a Councillor severely reduced on the back of this allegations. I think that he would prefer just to trust to this Committee in its open and independent hearing to make a decision before we release any press release or any statements to the public. He thinks that’s fair, we think that’s fair and that’s the way we’d like to proceed.”
The Head of Democratic Services and Elections (Keith Simmons) referred to paragraphs 1 and 5 of Part 1 of Schedule 12A, as amended, of the Local Government Act 1972 and asked Mr. Taylor if he had any specific representations to make as to the applicability of those paragraphs.
Mr. Taylor responded as follows:-
“The information that we’d like withheld from the public at the moment is the allegation that Councillor Turner is a racist which comes out in many of the statements involved in this. We think that is a matter, which should stay private until it has proven to be true.”
The Chairman (Councillor Wiggins) adjourned the meeting at this time whilst the Committee retired to deliberate this matter. The Head of Democratic Services and Elections and the Executive Projects Manager – Governance (Karen Hayes) retired with the Committee to support the Committee Members in those deliberations.
Following the resumption of the meeting, the Chairman read out the following statement:-
“The Committee has considered the resolution set out in the Agenda at item 6 namely:-
‘That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the remainder of the meeting on the grounds that the conduct of the Hearing will involve the likely disclosure of exempt information as defined in Paragraphs 1 and 5 of Part 1 of Schedule 12A, as amended, of the Act.’
Whether to exempt material and consideration of a matter under the exempt provisions referred to is a discretion for local authorities. It is not a requirement. In considering the resolution in the agenda the Committee has been made aware that paragraph 1 of Schedule 12A concerns information relating to any individual. Here exempt information is in this category if, and so long, as all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information. By way of example – names, addresses, telephone numbers can identify individuals. When considering any information relating to an individual the Committee will also consider the Council’s Data Protection Act responsibilities. And paragraph 5 of the same schedule concerns information in respect of which a legal or a claim to legal professional privilege could be maintained in legal proceedings. Here exempt information falls in the category if, and for so long, in the circumstances of this case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Privilege lies with the client, which broadly is the Council. The Monitoring Officer’s advice as set out in the A1 report:-
‘Acting in accordance with paragraph 7.1.2 of the Council’s Complaints Procedure the Investigator’s Report will only be kept confidential and remain in Part B, until the day of the Hearing to protect the parties. The Committee is required to decide whether to pass a resolution “under Section 100A(4) of the Local Government Act 1972, for the press and public to be excluded from the remainder of the meeting on the grounds that the conduct of the Hearing will involve the likely disclosure of exempt information as defined in Paragraphs 1 and 5 of Part 1 of Schedule 12A, as amended, of the Act”. In making the decision, the Committee will give consideration to whether in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in that Article (as set out in Part 5 of the Council’s Constitution - Access to Information Procedure Rules Part 5.4 to 5.6). Consequently, it is recommended that the exclusion of the press and public resolution is not passed, to enable the hearing to proceed with the Investigator’s Report in Public.’
From the update sheet:-
‘Confirmation that the advice as set out on page 30 of the Agenda pack applies to the additional information and updates which have been circulated to Standards Committee Members and the Subject Member, Councillor Turner on blue pages and currently held in Part B.
While an investigation under the Localism Act 2011 is not covered by the right to a fair hearing under Article 6 of the European Convention on Human Rights, as the outcome of any hearing will not impact upon the rights of a councillor to carry on the role as a councillor, any investigation must nevertheless abide by the principles of natural justice. A hearing is like any other committee of the Council. The rules around access to information also apply as they do to other committees – in that the hearing will be in public unless there are lawful reasons for all or part of it to be heard as exempt or confidential matters.
The decisions should be seen as open, unprejudiced and unbiased.’
Councillor Turner was asked whether he wished to request any part of the hearing to be held in private, and wants any part of the investigation report to be withheld. He confirmed he wished the Investigator’s Report to be retained within Part B and therefore, the Committee received representations on behalf of the Subject Member (Councillor Turner).
Having considered all relevant matters the Committee concluded that the public interest in the disclosure of the information around the individuals referenced in the report at item 7 on the Agenda and the information in which a claim to legal professional privilege in the same report outweighed the public interest in withholding that disclosure. As such, the Committee does not approve the resolution at Agenda item 6. As a consequence of this the report at item 7 shall be placed in the public domain to facilitate the physical placing of the report in the public gallery and the access to the same via the Council’s website. The Committee shall adjourn for up to 15 minutes and then continue with consideration of that report and the remaining items on the agenda associated with this hearing.”
It was then moved by Councillor Baker, seconded by Councillor Newton and:-
RESOLVED that the exclusion of the press and public resolution be not passed, in order to enable the meeting to now proceed with the Investigator’s report and the rest of the Agenda items heard in public.
The Chairman then adjourned the meeting to enable the Investigator’s report and other related documents to be placed in the public domain through the physical placing of the report et cetera in the public gallery and the access to the same via the Council’s website.
Upon the resumption of the meeting and upon being asked by the Chairman, the Committee Services Manager (Ian Ford) confirmed that the Investigator’s report and other related documents had been placed in the public domain through the physical placing of the report et cetera in the public gallery and that it had been made accessible to the same via the Council’s website.