Minutes:
Mr Sass advised that written answers to the Committee’s questions were e-mailed at approximately 9.30am that day and that Butlers had requested their answers remain private and confidential. Advice had been obtained from the Director of Law and Governance and Monitoring Officer that there was nothing in the content of the answers, or the circumstances in which they were requested or provided, that prevented them being disclosed publicly and, therefore, subject to the Committee’s agreement to consider an urgent item, the answers could be discussed at today’s meeting. However, it was the Monitoring Officer’s preference that the matter should be deferred to the Committee’s next meeting and that Butlers be put on notice to the fact that their answers would be discussed publicly at that meeting, so that if they wanted to lodge a legal objection, they would have time to do so.
The Chairman stated that the Monitoring Officer’s preferred solution was more appropriate in the circumstances.
Mr Simmonds expressed the view that a deferral was also appropriate, but asked that the Committee agree to keep the answers confidential until after the debate on 10 February.
Mrs Dean was of the strong view that the Committee should debate the answers provided by Butlers today in public, noting that the Monitoring Officer had sanctioned that action, subject to the Committee’s agreement to consider an urgent item.
Other Members spoke in favour of a deferral, together with the need to reflect on the answers provided by Butlers before deciding whether to make them public. A suggestion was also made that, with a deferral of the matter, Butlers might accept a further invitation to attend the Committee’s next meeting to expand upon their answers and provide further information.
After further discussion, it was:
RESOLVED that:
(1) Butlers be thanked for the information provided and informed that it is the Committee's intention to meet and consider the information at its next meeting on 10 February in public;
(2) Butlers be invited to attend that meeting and KCC Officers be invited to comment on the written responses provided by Butlers;
(3) The information provided by Butlers should remain confidential until the Committee has had chance to consider the responses to the questions raised at their next meeting on 10 February.
Mrs Dean asked for it to be recorded that she did not agree with the proposal to keep the answers confidential until the meeting on 10 February, on the grounds that the Director of Law and Governance had advised that the information could be discussed in public at today’s meeting.
Mr Simmonds asked for advice as to whether Mrs Dean would be bound by the Committee’s decision to keep the answers confidential. Mr Sass responded that he would seek urgent advice from the Director of Law and Governance and advise Mrs Dean accordingly and document that advice in the Committee’s minutes.
(Following the meeting, the advice of the Director of Law and Governance was obtained with regard to Mrs Dean’s position, which was that she was not bound by the Committee’s decision on the grounds that the information had not been given to Mrs Dean in confidence and due to the content of the information and the circumstances in which it had been requested and provided, KCC would have to disclose the information under the Local Government (Access to Information) Act and the Freedom of Information Act in any event.)
NOTE: Following the meeting, further discussions were held between the Director of Law and Governance, the Head of Democratic Services and Local Leadership and the Chairman and Spokespersons of the Committee, whereupon an alternative course of action was considered to be more appropriate. This alternative course of action was as follows:
(1) Butlers be thanked for the information provided and informed that it is the Committee's intention to meet and consider the information at its next meeting on 10 February in public;
(2) Butlers be invited to attend that meeting and KCC Officers be invited to comment on the written responses provided by Butlers; and
(3) The information provided by Butlers should remain confidential until the Committee’s agenda is published for the meeting on 10 February, assuming no legal objections are received from Butlers.
(This alternative course of action was communicated in writing to Butlers on 27 January)