Merseyside Fire and Rescue Authority changes constitution and policy on filming public meetings after petition started in 2014

Merseyside Fire and Rescue Authority changes constitution and policy on filming public meetings after petition started in 2014

Merseyside Fire and Rescue Authority changes constitution and policy on filming public meetings after petition started in 2014

                                                    

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Merseyside Fire and Rescue Authority (13th June 2019) Agenda Item 3 – Petition

Merseyside Fire and Rescue Authority 13th June 2019 R to L Cllr Leslie Byrom (Chair), Phil Garrigan (Chief Executive)

Yesterday afternoon (13th June 2019) I submitted and spoke to this petition started in 2014 to Merseyside Fire and Rescue Authority (MFRA) about its constitution and more specifically filming public meetings.
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Are Wirral Council councillors trying to restrict the filming of public meetings again?

Are Wirral Council councillors trying to restrict the filming of public meetings again?

Are Wirral Council councillors trying to restrict the filming of public meetings again?

                                 

(L to R Cllr Chris Meaden, Cllr Steve Foulkes, Cllr Moira McLaughlin and Cllr Ann McLachlan) 30th March 2017 Cllr Moira McLaughlin is Chair of the Standards and Constitutional Oversight Committee
(L to R Cllr Chris Meaden, Cllr Steve Foulkes, Cllr Moira McLaughlin and Cllr Ann McLachlan) 30th March 2017 Cllr Moira McLaughlin is the Chair of the Standards and Constitutional Oversight Committee

I’ll declare at the outset that I regularly film public meetings of Wirral Council.

Wirral Council’s Standards and Constitutional Oversight Committee next meets on the 27th February 2018 starting at 4.00 pm in Committee Room 3 at Wallasey Town Hall.

Item 5 on the agenda is a proposed revised “Protocol for the Filming of public meetings”. Although most of the changes relate to Wirral Council filming meetings public itself, there are changes proposed to policy that are in relation to others filming public meetings at Wirral Council.

The planned changes involve each time Wirral Council films the meeting that the Chair states at the start, “I would like to remind everyone present that this meeting will be broadcast live to the internet and will be capable of repeated viewing.”, as well as signs up inside and outside the meeting room for the public meeting stating,

WEBCASTING NOTICE

Please note: this meeting may be filmed for live or subsequent broadcast via the internet – at the start of the meeting the Civic Mayor / Chair will confirm if all or part of the meeting is being filmed. You should be aware that the Council is a Data Controller under the Data Protection Act. Data collected during this webcast will be retained in accordance with the Council’s published policy. Public seating areas will not be filmed by the council. Contact Officer: Civic and Committee Services Manager – 0151 6918559”

The changes proposed to be added to the public filming the meeting include, “A designated area shall be set aside for members of the press/public who wish to film or secure a sound recording of the Council’s public meetings. Any disruptive behaviour or distractions will result in the person(s) being asked to leave the meeting.

So does this mean I can’t clap, smile, frown, sneeze, cough, change batteries, zoom or pan as this may be deemed a “distraction” and I’ll be possibly asked to leave before I even had time to turn off the camera? And if I answer no thank you, would that be used as further evidence of a distraction and then I’d be forced to leave?

If one person filming a meeting is classed as distracting, then councillors and officers need to learn to concentrate better without getting distracted by distractions!

As if to prove my point, here is their sample text for agendas!

Audio/Visual Recording of meetings – sample text for Agenda Front Sheet

Everyone is welcome to record meetings of the Council and its Committees using whatever, non-disruptive, methods you think are suitable. If you have any questions about this please contact Democratic Services (members of the press please contact the Press Office). Please note that the Chair of the meeting has the discretion to halt any recording for a number of reasons including disruption caused by the filming or the nature of the business being conducted. Persons making recordings are requested not to put undue restrictions on the material produced so that it can be reused and edited by all local people and organisations on a non-commercial basis.“

Wirral Council hasn’t consulted with myself on the proposed changes to its filming policy. The Chair can stop Wirral Council filming if he or she wishes, but if the meeting is open to the public they have no legal powers to stop filming and would just rely on goodwill!

If you ’d like to express your views on this proposed policy before the Standards and Constitutional Committee meets on the 27th February 2018, email contact details for the 9 councillors who are on it are below.

Cllr Moira McLaughlin (Chair) moiramclaughlin@wirral.gov.uk
Cllr Paul Stuart (Vice-Chair) paulstuart@wirral.gov.uk
Cllr Ron Abbey ronabbey@wirral.gov.uk
Cllr Bill Davies billdavies@wirral.gov.uk
Cllr Brian Kenny briankenny@wirral.gov.uk
Cllr Chris Blakeley (Conservative spokesperson) chrisblakeley@wirral.gov.uk
Cllr Gerry Ellis gerryellis@wirral.gov.uk
Cllr John Hale johnhale@wirral.gov.uk
Cllr Phil Gilchrist (Liberal Democrat spokesperson) philgilchrist@wirral.gov.uk



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Wirral Council tries to ban filming of public meeting to award Freedom of the Borough to the 96 who died in Hillsborough!

Wirral Council tries to ban filming of public meeting to award Freedom of the Borough to the 96 who died in Hillsborough!

Wirral Council tries to ban filming of public meeting to award Freedom of the Borough to the 96 who died in Hillsborough!

                                                   

Councillor Bill Davies, Left (Chair, Licensing Act 2003 Committee (Wirral Council)) votes against a filming ban of a public meeting 26th October 2016
Councillor Bill Davies, Left (Chair, Licensing Act 2003 Committee (Wirral Council)) votes against a filming ban of a public meeting 26th October 2016

On Friday evening, at a public meeting of all Wirral Council’s councillors, freedom of the borough is expected to be awarded to the 96 that died in the Hillsborough disaster.

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I filmed Liverpool City Council award freedom of the city of Liverpool to the 96 who died in Hillsborough last year (which can be viewed above), freedom of the borough for PC Dave Phillips last year and the award of freedom of the borough for 107 (Lancashire & Cheshire) Field Squadron Royal Engineers (Volunteers) and the 234 (Wirral) Transport Squadron Royal Logistic Corps (Volunteers) in 2012.

I was therefore surprised to receive the following email below from Kevin McCallum this afternoon. I have sent a response back asking Wirral Council’s Interim Monitoring Officer to provide advice to councillors as to whether this is lawful as Wirral Council are required to provide reasonable facilities for the purpose of filming the public meeting.

I’ve also pointed out I’m quite happy to film from the Council Chamber, as I have done before for a public meeting of the Wirral Schools Forum. Filming from the Council Chamber was done by another media organisation during the freedom of borough meeting for PC Dave Phillips last year. I’ve removed Kevin’s mobile number from the email below as as far as I know it’s not made public. I’ve also not included the LGC Awards 2015 Most Improved Council logo and the boilerplate text at the end.



from: MacCallum, Kevin
to: John Brace <john@johnbrace.com>
date: 11 September 2017 at 14:29
subject: Freedom of the Borough council, Friday.

Hi John,

Just wanted to let you know in advance of Friday that unfortunately the public gallery will be off-limits for the Freedom of the Borough event, as it is being reserved for invited guests of the families.

We are filming the entire event and will be posting it onto our YouTube channel.

If you would still like to attend you, along with any other members of the public wishing to view the formal part of the event, will be asked to use one of the Committee Rooms on the ground floor, where sound will be played through from the Chamber.

Thanks
Kev

Kev MacCallum
Head of Communications
Communications & Marketing

T: 0151 691 8388
M: XXXXX XXX XXX
E: kevinmaccallum@wirral.gov.uk
W: www.wirral.gov.uk & www.wirralview.com


Updated 11.3.18 I finally found the footage of the meeting over 6 months later, it hadn’t been published on Wirral Council’s Youtube Channel as Kevin suggested, but the channel of Paul Frost on the 19th September 2017.

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Why was I stopped from going to room GA-25 for a public meeting of Wirral Council’s Local Pension Board (about Merseyside Pension Fund)?

Why was I stopped from going to room GA-25 for a public meeting of Wirral Council’s Local Pension Board (about Merseyside Pension Fund)?

Why was I stopped from going to room GA-25 for a public meeting of Wirral Council’s Local Pension Board (about Merseyside Pension Fund)?

Local Pensions Board (Wirral Council) 27th June 2017 L Peter Wallach R John Raisin (Independent Chair)
Local Pensions Board (Wirral Council) 27th June 2017 L Peter Wallach R John Raisin (Independent Chair)

I’ll declare at the outset an interest, in that my father is paid a pension by the Merseyside Pension Fund administered by Wirral Council.

Around a year ago, I wrote about how Wirral Council employees barricaded a fire door with a bin to prevent the public exercising their legal right to attend a public meeting. The most senior Wirral Council employee involved in that fiasco was Joe Blott (in his capacity as Deputy Monitoring Officer).

Yesterday, there was a public meeting of Wirral Council”s Local Pension Board scheduled to start at noon. The Local Pension Board is part of the governance of the Merseyside Pension Fund that Wirral Council administer and has hundreds of thousands of people in the pension fund (mainly public sector workers) and a £multi-billion Pension Fund.

This time however the meeting wasn’t on Wirral Council premises, but on premises owned by Commerz Real Investmentgesellschaft mbH (a German company) as part of its Hausinvest Open Real Estate Fund, leased to Merseytravel, then hired out to Wirral Metropolitan Borough Council.

I am making an educated guess that either Commerz Real Investmentgesellschaft mbH contract out (or Merseytravel does) the reception staff at the building the public meeting was to be held in, which is done by I think Carlisle Security Services Limited (which is a subsidiary company of Carlisle Support Services Group Limited).

If you are confused by reading that so far, then so am I!

We arrived first at reception at Mann Island and they had been told we were coming to the meeting. So we were issued with visitors passes.

However we were told we couldn’t go in because no-one from Wirral Council was there yet.

Reception told us that we couldn’t go in (although they knew we were there for the meeting) until someone from Wirral Council told them it was ok for reception to allow us into the building to attend a public meeting. So we waited.

First to arrive was Pat Phillips (the Committee Clerk and point of contact for the meeting). Standing in front of reception we asked her to confirm we were there for the meeting. She said she would have to go ask someone (despite nobody else but us being there for the meeting).

So they let her through (and she didn’t come back as there was no-one else but her).

Then Joe Blott arrived, who is at Deputy Chief Executive level at Wirral Metropolitan Borough Council and therefore part of the political element of his job such as dealing with people like myself.

Again, Joe Blott insisted he could not tell reception staff at Mann Island that we could come in through the gate as it wasn’t a “Wirral Council building” and he needed to first consult with the Chair of the Local Pensions Board (who actually hadn’t arrived in the building yet).

However, reception staff let Joe Blott through too.

Reception staff then told us they couldn’t let us in because of “terrorism” training and that they had “orders”. They pointed it wasn’t a “public building”.

Apparently now terrorism is used as a reason to avoid legal responsibilities!

The public meeting was scheduled to start at noon and we were still there at reception when more people arrived for the meeting, Peter Wallach, John Raisin, Mike Hornby, Kerry Beirne, Donna Ridland, Pat Maloney and Roger Irvine to name but seven.

I also briefly talked around this time to the Chair of the Liverpool City Region Combined Authority Merseytravel Committee Cllr Liam Robinson about the problem.

Reception staff are then busy handing out visitors passes and bizarrely trying to determine when the Local Pensions Board plus myself and Leonora should be allowed through the gate on the ground floor to room GA-25.

Finally (at the third time of asking) we found a Wirral Council employee (Peter Wallach) who was willing to tell reception we were allowed into the building!

Eventually by the time we’re all let in, I come through the door to the meeting room (GA-25 on the ground floor) at about 11:59:30, most of the rest of the people behind me came in late.

Then of course, the room needs to be set up and surprisingly the lights turned on (as neither Joe Blott or Pat Phillips had turned the lights on). One Wirral Council officer introducing one of the reports arrived even later even though there was a delayed start to the meeting (which caused a further delay).

However allowing the press into the public meeting half a minute before its scheduled to start is not Wirral Council in my view complying with its legal responsibilities. Specifically reasonable facilities for the purposes of filming the meeting does not mean allow press in seconds before its supposed to start. In fact it’s in breach of their own agreed filming policy specifically paragraphs 1.6, 1.7, 2.3 and 5.1.

Common sense means letting the press in at least fifteen minutes before so that a safe space to film can be determined, a tripod put up, seating arranged, agendas and reports requested etc.

But I feel that since this legal requirement came into effect in August 2014 various parts of Wirral Council have tried to try my patience over it at various public meetings.

Delayed starts to meetings cost the public sector money in lost time.

Terrorism can not be used as an excuse to delay or prevent democracy happening or the press reporting. The legal right to attend public meetings of local councils has been in its current form since 1972 and in another form since 1960. It’s not new legislation!

Nearly every other meeting of Wirral Council’s committees has one of their solicitors present but this one does not!

This is sadly a recurring problem when attending to report and film public meetings at Mann Island. There have been public meetings that have started before we’re allowed in.

Merseytravel’s own Head of Internal Audit (Merseytravel lease room GA-25) has stated at a public meeting in 2014 that people should not talk to the press about whistleblowing concerns.

However who do the press blow the whistle to when there’s no point in blowing it internally? Write an article about it? Embarrass people into changing? Or does it just end up being like the film Groundhog Day with a public sector seemingly unable to stick to its own policy, the legislation and just full of excuses?

What it has shown me, that is of wider concern is that at Wirral Council some senior managers are frightened to make decisions. The culture of not making a decision, just in case it’s the wrong one or the manager may be criticised can be just as damaging to Wirral Council’s reputation as the myriad of other scandals (on subjects ranging from child protection, complaints about councillors, how requests for information are handled and so on and so on).

So below is footage of the Local Pensions Board which turned out to be an interesting meeting (albeit hard to hear due to the lack of microphones).

I had to skip ten minutes of checks to film it and had no chair to sit on (there was literally no time to get a chair before it started).

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Wirral Council’s Local Pensions Board (Merseyside Pension Fund) 27th June 2017 Part 1 of 2

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Wirral Council’s Local Pensions Board (Merseyside Pension Fund) 27th June 2017 Part 2 of 2

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Will you comment on the government’s new public meeting filming law before consultation ends on the 12th March?

Will you comment on the government’s new public meeting filming law before consultation ends on the 12th March?

Labour councillors at a public meeting of Wirral Council's Coordinating Committee vote to consult on closing Lyndale School (27th February 2014) (an example of the kind of meeting the regulations will cover)

Labour councillors at a public meeting of Wirral Council’s Coordinating Committee vote to consult on closing Lyndale School (27th February 2014) (an example of the kind of meeting the regulations will cover)

Will you comment on the government’s new public meeting filming law before consultation ends on the 12th March?

                                       
Though the mills of DCLG grind slowly;
Yet they grind exceeding small;
Though with patience DCLG stands waiting,
With exactness grinds DCLG all.

(with apologies to Henry Wadsworth Longfellow)

As long-term readers of this blog will know I wrote last month about the government promise to introduce regulations to compel local councils (and some other bodies) to allow filming of their public meetings. This follows a power granted to Rt Hon Eric Pickles MP (by s.40 of the Local Audit and Accountability Act 2014) to bring forward some regulations (which he can do so at any point after 30th March 2014) to the Houses of Parliament.

Since last month draft regulations have been circulated as part of a consultation. Also part of the consultation is asking for suggestions to what to put in the accompanying plain English guide to the new regulations, which will be along similar lines to the fourteen page Your council’s cabinet: going to its meetings, seeing how it works – a guide for local people. DCLG [Department for Communities and Local Government] have sent copies of the draft regulations to the National Association of Local Councils (NALC), the Society of Local Authority Chief Executives (SOLACE), the Local Government Association (LGA) and Lawyers in Local Government (which was formed last year by the merger of Solicitors in Local Government (SLG) and ACSeS (Association of Council Secretaries and Solicitors)).

Queries on the draft regulations can be made to Hannah Brook (0303 444 1858 Hannah.brook@communities.gsi.gov.uk) or Eleanor Smyllie (Eleanor.smyllie@communities.gsi.gov.uk). Any comments (as part of the consultation) on the draft regulations are to go to Paul Roswell (Deputy Director – Democracy, Department for Communities and Local Government, 3/J1, Eland House, Bressenden Place, London, SW1E 5DU 0303 444 1858 paul.roswell@communities.gsi.gov.uk) by the 12th March 2014.

The new regulations are expected to be in force at the end of May 2014 or early June.

The draft regulation and an explanatory note are below. I’ve included hyperlinks where legislation is referred to.

Draft Regulations laid before Parliament under section 43 of the Local Audit and Accountability Act 2014, for approval by resolution of each House of Parliament.
================================================================================

DRAFT STATUTORY INSTRUMENTS

================================================================================

2014 No.

LOCAL GOVERNMENT, ENGLAND

The Openness of Local Government Bodies Regulations 2014

Made – – – –              ***

Coming into force in accordance with regulation 1

The Secretary of State in exercise of the powers conferred by section 40 of the Local Audit and Accountability Act 2014(a), makes the following Regulations:

Part 1

General

Citation and commencement

  1. These regulations may be cited as the Openness of Local Government Bodies Regulations 2014 and come into force on the day after the day on which they are made.

Interpretation

  1. In these Regulations—
    “the 1960 Act” means the Public Bodies (Admission to Meetings) Act 1960;
    “the 1972 Act” means the Local Government Act 1972;
    “the 2000 Act” means the Local Government Act 2000;
    “the 2012 Regulations” means the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

Part 2

Admission to and Reporting of Meetings of Relevant Local Government Bodies

Amendment of the 1960 Act

  1. The 1960 Act is amended as follows—

(1) Insert after section 1(3)

“(3A) Where any person is excluded from a meeting under subsection (2) and (3), a relevant local government body are also permitted to exclude and prevent persons from reporting using methods which can be carried out without that person’s presence.”

(2) Insert after section 1(4)(c)

“(d) Where a meeting of a relevant local government body is required by this Act to be open to the public during the proceedings or any part of them, any person shall be permitted to attend that meeting or part for the purposes of reporting as defined by subsection (9).”

(3) In section 1(7) substitute ‘but nothing in this section’ with “but subject to paragraph (7A) nothing in this section”.
(4) Insert after subsection (7)—

“(7A) Any person shall be permitted to attend a meeting of a relevant local government body for the purposes of reporting as defined by subsection (8).”

(5) Insert after subsection (7)—

“(8) For the purposes of this section–

“relevant local government body” means—

(a) the Council of the Isles of Scilly;

(b) a parish council; or

(c) a parish meeting.

“reporting” means—

(a) filming, photographing or audio recording of proceedings;

(b) using any other means for enabling persons not present to see or hear proceedings of a meeting as it takes place or later; and

(c) reporting or providing commentary on proceedings of a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.”

(6) After section 1 insert—

1A. Publication and dissemination of reports

(1) Any persons who attend meetings of a relevant local government body with the aim of reporting under section 1(7A) may use any communication methods, including the internet to publish, post or otherwise share the results of their reporting activities.

(2) Publication and dissemination can take place at the time of the meeting or occur after the meeting.”

Amendment of the 1972 Act

4. The 1972 Act is amended as follows—
(1) After section 100A(5) insert—

“(5A) Where any person is excluded from a meeting under subsections (2)-(5), relevant local government bodies are also permitted to exclude and prevent persons from reporting using methods which can be carried out without that person’s presence.”

(2) In section 100A(6) for (c) substitute—

“(c) while the meeting is open to the public:

(i) duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report,

(ii) in relation to relevant local government bodies as defined in subsection (9) any person attending a meeting under subsection (7A) shall so far as practicable, be afforded reasonable facilities for taking their report.”

(3) Insert at the beginning of section 100A(7) “Subject to subsection (7A),”
(4) Insert after subsection (7)—

“(7A) (a) Any person shall be permitted to attend meetings of relevant local government bodies for the purposes of reporting as defined by subsection (10)

(b) Any persons who attend meetings of relevant local government bodies with the aim of reporting may use any communication methods, including the internet, to publish, post or otherwise share the results of their reporting activities

(c) Publication and dissemination can take place at the time of the meeting or occur after the meeting”

(5) Insert after subsection (8)—

“(9) For the purposes of this section–

“relevant local government bodies” means—

(a) a district council,
(b) a county council in England,
(c) a London borough council,
(d) the London Assembly,
(e) the Common Council of the City of London in its capacity as a local authority or police authority,
(f) the London Fire and Emergency Planning Authority,
(g) Transport for London,
(h) a joint authority established under Part 4 of the Local Government Act 1985,
(i) an economic prosperity board,
(j) a combined authority,
(k) a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
(l) a National Park Authority for a National Park in England,
(m) the Broads Authority, or
(n) any committee, joint committee or sub-committee of the above bodies.

(10) Reporting for the purposes of subsection (7A) is defined as—

(a) filming, photographing or audio recording of proceedings,

(b) using any other means for enabling persons not present to see or hear proceedings of a meeting as it takes place or later, and

(c) reporting or providing commentary on proceedings of a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.”

Amendment of the 2012 Regulations

5. The 2012 Regulations are amended as follows—
(1) In regulation 4 insert after subsection (6)—

“(7) Subject to subsections (2)-(5), a decision-making body is required to permit any person attending a meeting of such a body to report on the proceedings.

(8) For the purposes of this regulation, report on proceedings is defined as—

(a) filming, photographing or audio recording the proceedings of a meeting,

(b) using any other means for enabling persons not present to see or hear proceedings of a meeting as it takes place or later, and

(c) reporting or providing commentary on proceedings of a meeting, orally or in writing, so that the report or commentary is available to persons not present, as the meeting takes place or later.

(9) Any person who attends a meeting to report on proceedings under subsection (7) may use any communication methods, including the internet, to publish, post or otherwise share the results of their reporting activities. Publication and dissemination can take place at the time of the meeting or occur after the meeting.”

(2) After regulation 4(5) insert—

“(5A) Where any person is excluded from a meeting under subsections (2)-(5), a decision making body is also permitted to exclude and prevent persons from reporting using methods which can be carried out without that person’s presence.”

(3) In regulation 20 omit paragraph (4).

Part 3

Record of Decisions and Access to Documents

Interpretation of this Part

6. For the purposes of this Part—

“confidential information” means –

(a) Information provided to the local authority by a government department on terms (however expressed) which forbid the disclosure of the information to the public; or
(b) Information the disclosure of which to the public is prohibited by or under any enactment or by order of a court,

and in either case, a reference to the obligation of confidence is to be construed accordingly.

“decision making officer” means an officer of a relevant local government body who makes decisions on behalf of their relevant local government body, with authority to do so.

“exempt information” has the meaning given by section 100I of the 1972 Act (exempt information and power to vary Schedule 12A).

“open meeting” means a meeting of a relevant local government body to which any person who is not a member of that body may also attend.

“proper officer” has the same meaning as in section 270(3) of the 1972 Act (general provisions as to interpretation.

“relevant local government body” means—

(c) a district council,
(d) a county council in England,
(e) a London borough council,
(f) the Greater London Authority,
(g) the Common Council of the City of London in its capacity as a local authority or police authority,
(h) the London Fire and Emergency Planning Authority,
(i) Transport for London,
(j) a joint authority established under Part 4 of the Local Government Act 1985,
(k) an economic prosperity board,
(l) a combined authority,
(m) a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
(n) a National Park Authority for a National Park in England,
(o) the Broads Authority,
(p) the Council of the Isles of Scilly,
(q) a parish council, or,
(r) a parish meeting.

Recording of decisions

7.—(1) The decision making officer or other suitable officer within a relevant local government body is required to produce a written record of any decision which falls within paragraph (2).
(2) A decision falls within this paragraph if it would otherwise have been taken by the relevant local government body, or a committee, sub-committee or joint committee of that body but it has been delegated to an officer of that body either—
(a) under a specific express authorisation; or
(b) under a general authorisation to officers to take such decisions and, the effect of the decision is to—
(i) grant permissions or licences;
(ii) affect the rights of individuals;
(iii) award contracts; or
(iv) incur expenditure which materially affects that relevant local government body’s financial position.

(3) The written record should be produced as soon as reasonably practicable after an officer has made a decision of the kind in paragraph (2) and should contain the information specified in paragraph (4).
(4) The record required by paragraph (1) must contain the following information—
(a) the title of the decision making officer;
(b) the date the decision was taken;
(c) a record of the decision taken along with reasons for the decision;
(d) details of alternative options considered and rejected; and
(e) where the decision falls under paragraph 2(a), the names of any member of a relevant local government body who has declared a conflict of interest in relation to the decision.

Decisions to be made available to the public

8.—(1) The written records described in regulation 7, along with any connected or supporting documents, must as soon as reasonably practicable be made available to the public—
(a) at the offices of the relevant local government body;
(b) on website of the relevant local government body, if it has one; and,
(c) through any other means thought appropriate by the relevant local government body.

(2) On request and on receipt of payment of postage, copying or other necessary charge for transmission, the relevant body must provide subject to regulation 9—
(a) a copy of the written decision.
(b) a copy of connected and supporting documents.

(3) Any written record required by paragraph (1) to be available for inspection by members of the public, must be retained by the relevant local government body and made available for inspection by the public for a period of at least 6 years beginning on the date on which the decision, to which the record relates, was made.

(4) Any connected or supporting documents relating to a decision to which a record must be made under regulation 7 which is required to be available for inspection by the public by paragraph (1), must be retained by the relevant local government body and made available for inspection by the public for a period of at least 4 years beginning on the date on which the decision, to which the record relates, was made.

Confidential and Exempt information

9.—(1) Nothing in this Part is to be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.
(2) Nothing in this Part—
(a) authorises or requires a relevant local government body to disclose to the public or make available for public inspection any document or part of a document if, in the opinions of the proper officer, that document or part of a document contains or may contain confidential information; or
(b) requires a relevant local government body to disclose to the public or make available for public inspection any document or part of a document if, in the opinion of the proper officer, that document or part of a document contains or is likely to contain exempt information.

Offences

10.—(1) A person who has custody of a document which is required by regulation 8 to be available for inspection by members of the public commits an offence if, without reasonable excuse, that person—
(a) intentionally obstructs any person exercising a right conferred under this Part in relation to inspecting written records and connected and supporting documents; or
(b) refuses any request under this Part to provide written records and connected and supporting documents.

(2) A person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

EXPLANATORY NOTE

(This note is not part of these Regulations)

DESCRIPTIVE SUMMARY OF THE DRAFT OPENNESS OF LOCAL GOVERNMENT BODIES REGULATIONS 2014
The Regulations amend the:

Admission to and reporting of Meetings of Relevant Local Government Bodies
The Regulations:

  • Allow any person to attend a public meeting of a relevant local government body for the purposes of reporting.
  • ‘Reporting’ is defined in the regulations as:
  • Filming, photographing or audio recording of proceedings;
  • Using any other means for enabling persons not present to see or hear proceedings of a meeting as it takes place or later; and
  • Reporting or providing commentary on proceedings of a meeting, orally or in writing.
  • Allow any persons with the aim or reporting to use any communication methods, including the internet, to publish, post or otherwise share the results of their reporting activities, during or after the meeting.
  • Do not affect the current circumstances in which a private meeting may be held or a person may be excluded (for example, where exempt information would be disclosed or in the case of disorderly conduct).

Regulation 3 amends the 1960 Act to apply the policy to:

  • parish councils;
  • parish meetings; and
  • the Council of the Isles of Scilly.

Regulation 4 amends the 1972 Act to apply this policy to:

  • a district council,
  • a county council in England,
  • a London borough council,
  • the London Assembly
  • the Common Council of the City of London in its capacity as a local authority or police authority,
  • the London Fire and Emergency Planning Authority,
  • Transport for London,
  • a joint authority established under Part 4 of the Local Government Act 1985,
  • an economic prosperity board,
  • a combined authority,
  • a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
  • a National Park Authority for a National Park in England
  • the Broads Authority, or
  • any committee, joint committee or sub-committee of the above bodies (this includes Police and Crime Panels and Health and Wellbeing Boards).

Regulation 5 amends the 2012 Regulations to apply the policy to councils operating executive arrangements to ensure a consistent approach.
Record of Decisions and Access to Documents

The Regulations also:

  • Require a written record to be made of any decision that has been delegated to an officer of the relevant local government body under a specific express authorisation, or under a general authorisation where the effect of the decision is to grant permissions or licences, affect the rights of individuals, award contracts or incur expenditure which materially affects the body’s financial position.
  • Require that the written records are made available to the public at the relevant body’s offices, on their website if they have one, by post if requested and on receipt of payment for copying and postage, and through any other means thought appropriate by the local government body.
  • Require the written record to be available for public inspection for at least 6 years, and any supporting documentation for at least 4 years.
  • Provide a criminal penalty for non-compliance. A person who has custody of documents which should be available for inspection, will commit an offence if that person refuses to disclose or intentionally obstructs the disclosure of such documents under these Regulations. The penalty for the offences is a fine not exceeding level 1 – that is £200 – on the standard scale. This replicates the existing penalty for failure to disclose or obstructing the disclosure of documents in the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

This part of the Regulations applies to the same local government bodies as listed above, but will not apply to decisions on executive matters in councils operating executive arrangements as there are already equivalent provisions in the 2012 Regulations to cover these decisions.

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