Issue - meetings

The Chair shall propose that the press and public be excluded from the meeting during the discussions on the following items due to the likely disclosure of exempt information as defined in Paragraph 16 of Schedule 12A of the Local Government Act 1972 Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

There is a recognised public interest in being open about matters of public interest such as the Article 4 Directive.  However, legal privilege represents a fundamental right that has a strong public interest around it.  When faced with a legal challenge to a decision the Cabinet is required to have access to unfettered and open legal advice on conducting and responding to a case in the same way as any other party. This cannot be achieved within a public forum. This would be contrary to the public interest involved in ensuring the best outcome for the Council.

RESOLVED to exclude the press and public from the meeting during the discussion on Item 12 due to the likely disclosure of exempt information as defined in paragraph 16 of Schedule 12A of the Local Government Act 1972 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

There is a recognised public interest in being open about matters of public interest such as the Article 4 Direction. Legal privilege, however, represents a fundamental right that has a strong public interest around it. When faced with a legal challenge to a decision the Cabinet is required to have access to unfettered and open legal advice on conducting and responding to a case in the same way as any other party. This cannot be achieved within a public forum. This would be contrary to the public interest involved in securing the best outcome for the Council.