Information
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Contents 1
Scope 2 Additional Rights to Information 3 Freedom of Information Request 6 Access to Agenda and Reports before the Meeting 8 Inspection of Minutes and other documents after the Meeting 10 Public Inspection of Background Papers 11 Exclusion of Access by the Pubic to Meetings 12 Exclusion of Access by the Public to Reports 14 Record of Decisions of the Cabinet |
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Scope These rules apply to all meetings of the Council, the Cabinet, Overview/Scrutiny Boards, Planning Committee, the Standards Committee, Regulatory Committees, and any other constitutional bodies established by the Council. All meetings are held in accordance with the Multi-Location Meetings Policy which allows meetings to be attended remotely by persons who are not all in the same physical place. |
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Additional Rights to Information These rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law. |
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Freedom of Information Act 1 The public have a right of access to
recorded information held by the Authority, subject to a number of
exemptions. The Act is completely
retrospective so that all recorded information held by the City and County of
Swansea falls within the scope of the Act. 2 Although the Freedom of Information
Act presumes openness it recognises the need to protect sensitive information
in certain circumstances and provides for exemptions. Some exemptions are absolute, where there is
no right to the information; some exemptions are qualified, where even though
information falls within the exemptions it may still have to be disclosed if it
is in the public interest to do so. 3 Examples of exemptions include
information that is commercially sensitive, confidential information, certain
personal information, protection of national security, information where
disclosure is prevented by other legislation, information intended for future
publication, law enforcement matters and information that is accessible by
other means, such as via the Publication Scheme (which is available on the
Authority’s internet site at www.swansea.gov.uk. 4 In addition to the Freedom of
Information Act, there are two other access to information regimes: a) The Data Protection Act 2018, which enables individuals to access certain information on themselves; and b)
The Environmental Information Regulations 2004,
which enables people to access environmental information. 5 The Data Protection Act and the
Environmental Information Regulations are also subject to exemptions and
exceptions. |
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Rights to Attend Meetings Members of the public may attend all meetings subject only to the exceptions in these rules. |
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Notices of Meeting 1 The Council will give at least 3 clear working days’ notice of any meeting posting details of the meeting on the Council’s website (Swansea.gov.uk) and at the Guildhall, Swansea. With regard to meeting of Council and Cabinet, where possible at least 5 clear working days’ notice shall be given. 2 Where the meeting or part of the meeting is open to the public and is held wholly through remote means, the notice must include details of the time of the meeting, and how to access it. 3 Where the meeting or part of the meeting is open to the public and is held partly through remote means, the notice must include details of the time and place of the meeting and how to access it. 4 Where the meeting is not open to the public and is held partly through remote means or not held through remote means, the notice must include details of the time and place of the meeting and the fact that it is not open to the public. 5 Where the meeting is not open to the public and is held through remote means only, the notice must include details of the time of the meeting, the fact that it is being held through remote means only and the fact that it is not open to the public. |
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Access to Agenda and Reports before the Meeting 1
The Council will make copies of the
Council Summons and Cabinet Agenda open to the public and available for
inspection on the Council’s website (swansea.gov.uk/democracy)
and at the designated office at least 5 clear working days before the
meeting. However in exceptional
circumstances the 5 clear working day notice period may be waived providing
prior written agreement (via e-mail) is received from the Presiding Member /
Leader of the Council, Monitoring Officer and / or Head of Democratic Services
or their respective Deputies. Note: This provision does not allow
the Authority to waive its legislative duty to meet the 3 clear working day
requirement’. If an item is added to the Council Summons or Cabinet Agenda
later, the revised Council Summons / Cabinet Agenda will be open to inspection
for the time the item was added to the Council Summons / Cabinet Agenda. Where reports are prepared after the Council
Summons / Cabinet Agenda has been sent out, the designated Officer shall make
each such report available to the public as soon as the report is completed and
sent to Councillors. 2 The Council will make copies of the all other Committee Agendas
open to the public and available for inspection on the Council’s website (swansea.gov.uk/democracy) and at the
designated office at least 3 clear working days before the meeting. If an item is added to the Agenda later, the
revised Agenda will be open to inspection for the time the item was added to
the Agenda. Where reports are prepared
after the Agenda has been sent out, the designated Officer shall make each such
report available to the public as soon as the report is completed and sent to
Councillors. 3. Where a meeting is open to the public
and is not held through remote means only, the Council will make available for
use by members of the public present a reasonable number of copies of the
agenda and reports for the meeting. |
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Supply of Copies The Council will publish on the Council website
www.swansea.gov.uk/democracy: a)
Any agenda and reports which are open to public
inspection; b)
If the proper Office thinks fit, copies of any
other documents supplied to Councillors in connection with an item; c)
Where a member of the public is not able to
access documents published on the website, those documents will be available
for inspection or copies provided upon payment of a charge for
postage/photocopying and admin costs; Where a meeting of the council is open to the public and is not held through remote means only, a reasonable number
of copies of the Agenda and reports will be made available for the members of
the public present at the meeting. |
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Access to Minutes etc after the Meeting
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Background Papers List of Background
Papers The Proper Officer will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in his/her opinion: a) Disclose any facts or matters on which the report or an important part of the report is based; and b) Which have been relied on to a material extent in preparing the report but does not include published works or those which disclose exempt or confidential information (as defined in Rule 10). |
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Public Inspection of Background Papers The Council will publish background papers on the Council website, unless it is not reasonably practicable to do so. Background papers shall remain accessible for members of the public for six years after the date of the meeting. |
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Exclusion of Access by the Public to Meetings 1 Public
and Private Meetings of the Cabinet 2 Confidential
Information - Requirement to Exclude Public 3 Exempt
Information – Discretion to Exclude Public 4 Meaning
of Confidential Information 5 Meaning
of Exempt Information
Note: Information falling within paragraphs 12 to 18 is not exempt
information if it relates to proposed development for which the local planning
authority may grant itself planning permission pursuant to regulation 3 of the
Town and Country Planning General Regulations 1992. Public
Interest Test: Information which: · falls within any of paragraphs 12 to 15, 17 and 18 above; and · is not prevented from being exempt by virtue of the ‘qualifications’ above, is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. |
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Exclusion of Access by the Public to Reports If the Monitoring Officer thinks fit, the Council may
exclude access by the public to reports which in his or her opinion related to
items during which, in accordance with Rule 10, the meeting is likely not to be
open to the public. Such reports will be marked “Not for Publication” together
with the category of information likely to be disclosed. |
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The Forward Work Programme 1 The Forward Work Programme will be
prepared by the Proper Officer to cover a period of four months. It will be updated quarterly. 2 The Forward Work Programme will contain
matters which the Cabinet, Overview/Scrutiny Boards and the Council Meeting are
likely to consider. It will contain information on: a) The timetable for considering the budget and any plans forming part of the Policies and requiring Council approval, and which body is to consider them; b) The timetable for considering any plans which are the responsibility of the Cabinet; c) Any individual matters on which the Cabinet intends to consult in advance of taking a decision, and the timetable for consultation and decision; d) The work programme of the Overview/Scrutiny Boards to the extent that it is known (it may not be possible to provide full details since Overview/Scrutiny Boards will be determining their own work programme); e) The Forward Work Programme will be published at least 14 days before the start of the period covered. The Proper Officer will publish once a year a notice in the Swansea Leader, stating that a forward work programme will be published and giving the publication dates for that year. |
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Record of Decisions of the Cabinet A record will be made of all
Cabinet decisions, whether taken at a meeting of the Cabinet or its Committees
(whether in public or private) or by an individual Member of the Cabinet. The Proper Officer will produce a record of
every decision taken at that meeting as soon as practicable. The record will include a statement, for each
decision of: a) The reason for that decision; b) Any dispensation to speak granted by the authority’s Standards Committee; c) The consultation undertaken prior to the decision and, if such consultation has not taken place, the reason why. |
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Overview / Scrutiny Boards Access to Documents 1 Rights
to Copies a) Any business transacted at a meeting of the Cabinet [or its Committees] or; b) Any decision taken by an individual member of the Cabinet. 2 Limit
on rights
a) Any document that is in draft form; b) Any part of a document that contains exempt or confidential information, unless that information is relevant to an action or decision they are reviewing or scrutinising or intend to scrutinise. |
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Additional Rights of Access for Members 1 Rights
of Access a) All members will be entitled to inspect
any document which is in the possession or under the control of the Cabinet or its
Committees and contains material relating to any business transacted at a
decision making meeting of that authority. b) All members shall be entitled to submit written questions to any cabinet member about a matter within their portfolio. These questions will receive responses in writing within 10 working days, which will be posted to the Member’s intranet site, subject to paragraph 10 above. 2 Limitation
on Rights a) It would disclose exempt information falling within paragraphs 12 to 18 of Part 4 of Schedule 12A of the Local Government Act 1972, or b) It would disclose exempt information relating to the business of the Standards Committee and falling within sections 18A-18C of paragraph 4 Local Authority (Executive Arrangements)(Decisions, Documents and Meetings) and the Standards Committees (Wales)(Amendment) Regulations 2007. c) It would disclose the advice of a political advisor or assistant. 3 Nature
of Rights |