Issue - items at meetings - Review of guidance on confidentiality

Report of the Director of Strategy & Governance (copy attached).

RESOLVED –

(1)         That the principles summarised in paragraph 3.3 of the report be noted and their inclusion in the revised guidance be supported.

(2)         That a revised guidance incorporating those points be submitted to the Standards Committee for approval.

(3)         That a copy of the revised guidance be circulated to all Members following approval by the Standards Committee

50.1         The Committee considered a report of the Director of Strategy & Governance concerning updates to the guidance on confidential information issued to Members and Officers (for copy see minute book).

50.2         Councillor Taylor stated that he agreed such guidance was necessary, but was unable to support the inclusion of the emerging principle detailed in paragraph 3.3 (1) of the report concerning repetition of leaked confidential information; in reality it often took a breach of confidentiality for important information to be brought into the public arena.

50.3         The Head of Law explained that the wording came directly from judgement of the Adjudication Panel and did not preclude Members from arguing that disclosure of confidential information was in the public interest; however, where confidential information was leaked, the fact that it had been leaked did not in itself automatically give Members the right to subsequently disclose it. He added that the policy was intended as guidance only and that judgements from case law were not binding.

50.4         Councillor Taylor commented that is was necessary to consider carefully the reasons for making information exempt from disclosure, particularly where there would be public interest in the information.

50.5         The Chairman reminded Members that they could seek advice on disclosure of information from officers should they require it.

50.6         In response to questions from Councillor Mitchell, the Head of Law explained that other organisations, such as the Police, would operate similar policies. He also confirmed that paragraph 5.1(4) of the policy came directly from the Code of Conduct and the Council had no discretion to depart from it.

50.7         Councillor Randall commented that the issue was whether once confidential information had been leaked in the media, it could be repeated by other media bodies. He added that once information had been disclosed it was difficult to prevent it being repeated.

50.8         Councillor Randall moved an amendment requesting that paragraph 3.3(1) of the report be excluded from inclusion in the revised guidance.

50.9         Councillor Taylor formally seconded the amendment.

50.10    Dr Wilkinson, Chairman of the Standards Committee, addressed the Committee and explained that the nature of the person to whom the information was disclosed would be relevant. He added that confidential information was not usually disclosed to the media in the first instance. For example, confidential information may be ‘leaked’ at a meeting to other Members and that should not then result in anyone present having the right to disclose it to third parties.

50.11    The Chairman put the Green amendment to the vote, which was lost.

50.12    RESOLVED –

(1)         That the principles summarised in paragraph 3.3 of the report be noted and their inclusion in the revised guidance be supported.

(2)         That a revised guidance incorporating those points be submitted to the Standards Committee for approval.

(3)         That a copy of the revised guidance be circulated to all Members following approval by the Standards Committee.

Note: Councillor Taylor wished his name recorded as having voted against the recommendations.