An explanation of exempt business at Council
There have been some questions recently about why the Council sometimes holds meetings without the public in attendance. We would like to explain the reasons for this so we can be as transparent as possible.
Council meetings at the Forest of Dean District Council must comply with relevant legislation. As a general approach, we always try to make sure everything the Council does is debated in public.
When conducting Council business, decisions are taken to exclude members of the public only when it is necessary to do so and on each occasion, all councillors vote to decide to take the Council meeting into an exempt session.
In addition, when we have an exempt discussion it must meet set criteria in Section 100A of the Local Government Act 1972 (as amended) and relevant paragraph(s) of Schedule 12A of this legislation to make sure we are operating legally. This is reflected in the council’s constitution. Only where the criteria is met are members asked to consider taking a decision to exclude the public. Information will only be exempt in accordance with schedule 12A if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
The legislation sets out various categories that constitute exempt information and should not be disclosed. The reason for confidentiality or exemption is stated on the agenda and on each of the reports.
Common exempt information categories include information relating to any individual and information relating to the financial or business affairs of any particular person (including the authority holding that information).
So, for example, when the Council is considering a property purchase, the information would be exempt to protect the organisations the Council is dealing with. To conduct the business in public would disclose the financial and business affairs of the seller, which the Council is not legally permitted to do.
We are not trying to hide anything from the public in these cases, and the Council's full financial information can be found on our website. Once a purchase is made we let the public know.