Agenda item

The Council’s Working Practices contain a number of general principles, shown below in italics, which are followed when distributing information to members of the Council by Officers over and above the rights of members set out in the Access to Information Procedure Rules (para 13.3) and the Member/Officer Protocol (para 4), also attached.

‘When Information is asked for by a Member

If it is purely a local constituency problem or question of fact a reply will only be sent to the member raising the question.  If the issue raised impinges on the policy of a specific Cabinet Member holder or Committee the member will be advised that, unless he or she has asked that the exchange of correspondence be confidential, a copy of the correspondence will be sent to the appropriate Cabinet Member /Committee Chairman and spokespersons.

Information Prepared by an Officer for an Cabinet Member or Chairman of a Committee

If the information is provided at the request of the Cabinet Member or Chairman it will not be further distributed. If the information being provided also raises questions of appointments or nominations by a Committee, the Group Whips/Secretary will be advised. If the information provided for an Cabinet Member/Chairman is general information relating to a particular area of the County then a copy will be sent to the Local Member(s) for information.

Rights Under the General Law

A Member also has a right to see papers where he/she genuinely has a "need to know" in connection with his/her duties as a County Councillor. This test is easily satisfied if he/she is a Member of the Committee to which the issue relates but less so in other cases. Applications should be made to the Chief Officer/Head of Service who will refer the request to the Monitoring Officer in doubtful cases.

Conventions Adopted Constraining the Legal Rights set out above

The following Code of Guidance has been adopted by the Council:

(i)   a member who has a right to inspect documents should consider whether he/she has a personal or prejudicial interest in the matter covered by the document and whether any action contemplated in the light of the information obtained might conflict with the Members’ Code of Conduct;

(ii)   a member requiring information should make application to a senior officer of the Department holding that information. Applications should not be made direct to junior officers;

(iii)  an application must allow the officer time to satisfy him/herself that records do not contains exempt information which a member cannot have access to. If they do, such material may have to be removed’.

The Committee is asked to:

(a) confirm that these principles should also apply to any information distributed by a Cabinet Member or Chairman where such information relates generally to County Council Services or any matter for which the Council has responsibility and was provided by or based upon information provided by an Officer in line with the protocol and to agree to the Council’s Working Practices being revised accordingly;

(b) note that Officers will be reminded of the need to maintain confidentiality of information provided to a local member, in line with the protocol, where so requested.

The Committee reviewed the operation of the Council’s Working Practices relating to the distribution of information to members of the Council by Officers, over and above therights of members set out in the Access to Information Procedure Rules (para 13.3) as set out in full on the Agenda for this meeting. 

It was MOVED by Councillor Hart, SECONDED by Councillor Hughes, and

RESOLVED

(a) that the Committee confirm that the principles referred to above should also apply to any information distributed by a Cabinet Member or Chairman where such information relates generally to County Council Services or any matter for which the Council has responsibility and was provided by or based upon information provided by an Officer in line with the protocol and to agree to the Council’s Working Practices being revised accordingly;

(b) that Officers be reminded of the need to maintain confidentiality of information provided to a local member, in line with the protocol, where so requested.