Agenda item

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of public questions is midday on Thursday 21 May 2026 [midday 3 clear working days before the meeting].

The deadline for the submission of a statement is midday on Wednesday 27 May 2026 [midday the working day before the meeting].

The deadline for the submission of a petition is Wednesday 13 May 2026 [10 working days before the meeting].

 

The following public questions and statements were received:

 

 

Question 1:

Item 10 invites the Committee to vote on excluding press and public for the duration of the succeeding item - a report entitled "Governance process for regeneration (Carter's Quay)". This report is described in tonight's paperwork as exempt from disclosure pursuant to Paragraph 3 in Part 1 of Schedule 12A to the Local Government Act 1972 - "Information relating to the financial or business affairs of any particular person (including the authority holding that information)". Was a public interest test carried out on whether to recommend this report for exemption, and if so, can you read out the factors that are thought to support disclosure (if any), and those which are thought to support exemption?

 

Response:  

 

A separate formal written public interest test was not produced. However, the requirement to consider the public interest balance was addressed as part of the Monitoring Officer’s assessment, in consultation with relevant officers, when determining whether the report contained exempt information under Schedule 12A and in accordance with the Constitution.  

The constitution also highlights the importance of taking into account the public interest in disclosing information.  

Officers will always follow the law which provides that information is only treated as exempt where, in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosure. That consideration was given to this report.  

In summary: 

 

1. Factors favouring disclosure include transparency and accountability in public decision-making. 

2. Factors favouring exemption in this case include:  

1. the protection of commercially sensitive financial information, 

2. avoiding prejudice to the Council’s position in ongoing negotiations with third parties, and 

3. protecting the Council’s legal position, including in relation to potential proceedings. 

 

Having regard to those factors, it was concluded that the information falls within paragraph 2. 

 

 

Question 2:

Was a copy of the public interest test circulated to all permanent members of this Committee, and is that standard practice on committees of this Council where reports are recommended for exemption?

 

Response:

 

No separate public interest test document was circulated to Members. That is not a requirement of the statutory or constitutional framework.  

 

Members are appropriately informed through: 

 

1. the report;  

2. the stated exemption category; and 

3. the advice available to Members before and during the meeting. 

 

 

Question 3:

Were all permanent members of this Committee informed that it is for them, ultimately, to decide whether a report is exempt from public disclosure?

 

Response:

 

Members are required to decide whether to exclude the press and public from the meeting in relation to the relevant agenda item. However, it is important to distinguish that process from the question of the initial publication of the report itself by officers. 

 

In accordance with the Council’s Constitution: 

 

1. the Monitoring Officer may refuse public access to agenda papers where they consider it necessary because the papers relate to business likely to be conducted in private, and such papers are marked “Not for Publication”; and 

2. that assessment is made by reference to whether the report contains exempt information in accordance with Part 4A, Rule 9.2 of the Constitution. 

 

Should the committee be minded to publish the report and make it available to the public, the Monitoring Officer would be obliged to provide relevant advice.  

 

In this case the decision made by officers is that, because the report contains commercially and legally sensitive material, including matters relating to ongoing negotiations and potential legal proceedings, it would not be possible to consider the report in substance in public without risking disclosure of that information.