Agenda

Appendix 1 is separate for Cabinet Members only.

The Appendix is exempt under Paragraph 14 of Schedule 12 A of the Local Gofernment Act 1972 – Information relating to the Financial or business affairs of any particular person (including the Authority holding that Information).

The contents of the item includes confidential and commercially sensitive Information on a number of projects. This is relevant to the situation of a number of organisations.

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.