1
There was submitted a report by the Director of Finance & Resources relative to a proposed change to the distribution of exempt reports.
The report intimated that the Council and its Boards could decide that any of the reports submitted on an agenda should be exempt from the over-riding requirement that all Council and Board meetings and the consideration of any items at a meeting were held in public. The grounds on which such a decision could be taken were limited to the 15 categories set out Schedule 7A of the Local Government (Scotland) Act 1973. The number of reports that were exempt was relatively small. The recommendation from officers that a report should be exempt would be made based on the risk to the Council but also in some circumstances to the business affairs of a person or organisation which wished to undertake business with the Council. In 2019 there had been three incidents of exempt reports being released to the local press.
The report set out why it was important that such reports be protected from publication and the consequences for any person who had deliberately released such information. In order to reduce the risk of exempt information being released into the public domain, the report proposed that any proposal to have a report classified as exempt be agreed with the Head of Corporate Governance in the first instance, prior to the report being discussed with the relevant Convener. In addition the report proposed that access to exempt reports was given only to Board members, the Leader and Depute Leader of the Council and appropriate officers; that these be available on an electronic basis only; and that any elected member who was not on the Board and who wished access to the relevant report, would be required to justify to the Head of Corporate Governance why they should have access.
The Board recommended that the proposals as outlined in the report be agreed, with the addition of the leaders of the opposition groups and parties to the proposed distribution; and that the Head of Corporate Governance would consider requests from any elected members not on the distribution list to be given access to the relevant report. In addition it was suggested that these proposals be provided to the leaders of the opposition groups and parties for their consideration prior to the suggested actions being implemented.
DECIDED:
(a) That the following proposals to reduce the risk of exempt information being released be recommended for implementation, and provided to the leaders of the opposition groups and parties for their consideration prior to implementation:
(i) That any proposal to have a report classified as exempt be agreed with the Head of Corporate Governance in the first instance, prior to the report being discussed with the relevant convener;
(ii) That access to exempt reports is given only to Board members, the Leader and Depute Leader of the Council, leaders of the opposition groups and parties, and appropriate officers;
(iii) That exempt reports be available on an electronic basis only; and
(iv) That the Head of Corporate Governance would consider requests from any elected members not on the distribution list to be given access to the relevant report.