Law or legislation that supports banning members of the Public from Council meetings.
Paul of the Woods Family made this Freedom of Information request to Knowsley Metropolitan Borough Council This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Knowsley Metropolitan Borough Council,
The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012) Reg 4 states: "Without prejudice to any power of exclusions to suppress or prevent disorderly conduct or other misbehaviour at a meeting, the decision making body DOES NOT have the power to exclude members of the public from a meeting while it is open to the public"
Therefore, I am requesting information of what specific law or legislation, or what 'powers of exclusion' do the Council rely on, to exclude and 'ban' members of the Public from attending Public Council meetings.
Yours faithfully,
Paul Woods
Dear Mr Woods,
Thank you for your email received on 11 March 2016 requesting information about Law or legislation that supports banning members of the public from Council Meetings.
I have recorded your request for information under reference F2016.03.2127.
This has been passed to the relevant service and you will receive a response by 12 April 2016.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries) or if this falls within the regulations of an EIR (Environmental Information).
You will be informed if a fee is to be applied before information is to be provided.
If you need further information please contact me.
Kind regards,
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Mr Woods,
Freedom of Information request F2016-03-2127
We have looked into your request for information about Law or Legislation that supports banning members of the Public from Council Meetings, and our response is shown below.
The Local Government Act 1972 provides a right of access to members of the public to observe and listen to the proceedings of public meetings. However, this right is qualified in a number of ways; for example the Council is only required to provide reasonable (but limited) accommodation, and members of the public may be excluded where the nature of the business to be transacted is “confidential” or “exempt” (section 100A). In particular, section 100A(8) states that “this section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting”. This provision is replicated in Regulation 4 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (i.e. the Regulations that relate to meetings of the "Executive" which, in the case of Knowsley, is the Cabinet).
The following case law confirms that local authorities have a common law power to exclude people whose disorderly conduct or other misbehaviour disrupts (or threatens to disrupt) the business of the meeting and that the power can be used either in advance of the meeting or at the meeting itself:-
• Appleby v United Kingdom;
• Mayor, Aldermen, and Burgesses of Tenby v Mason;
• Jane Laporte, Nicolas Christian v The Commissioner of Police of the Metropolis; and
• Regina v Brent Health Authority, Ex parte Francis.
If you need further information please see contact details below.
Kind regards,
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Freedom of Information,
With regard to my FOI requests F2016.03.2127 , I am publishing your response (below) onto the WhatDoTheyKnow website, so it is view-able by the general public.
I find it strange that you have included this request in your 'vexatious' accusations, and yet have given me the information. How can you consider my requests as 'vexatious', even though you have given me the information that I requested??
KMBC Response:
"Mr Woods
Freedom of Information
I refer to your recent Freedom of Information requests, reference numbers:
F2015.12.1817, F2015.12.1858, F2015.12.1860, F2045.12.1868, F2016.01.1944, F2016.01.1970, F2016.01.1998, F2016.02.1999, F2016.01.1942. F2016.03.2108, F2016.03.2119, F2016.03.2127, F2016.03.2130, F2016.03.2155, F2016.03.2156, F2016.03.2189, F2016.04.2220, F2016.04.2228, F2016.04.2278
The Council is of the view your requests are vexatious in accordance with section 14 of the Freedom of Information Act 2000 and therefore the Council is not obliged to comply with your requests. In reaching this decision the Council has taken into account a number of factors including;
· The Council has up to now expended considerable time and effort in responding to these requests, well in excess of the appropriate limit permitted by section 12 of the Act but this has not satisfied the requestor.
· The requests are now part of a targeted campaign which is causing the Council a “disproportionate and unjustified level of disruption irritation or distress”
· On balance at least 6 of the indicators identified on page 7 of the ICO Guidance on dealing with vexatious requests have been engaged. In particular those indicators are ‘Deliberate intention to cause annoyance’; ‘Scattergun approach’; ‘Disproportionate effort’; ‘No obvious intent to obtain information’; ‘Futile requests’; and ‘Burden on the authority’.
and considered in details the Information Commissioner’s Office guidance on dealing with vexatious requests (section 14).
Having now determined that one or more exemptions under the Act applies to your request, I am required under the provision of the Act to advise you that you can appeal against the decision by contacting the Information Commissioner.
The Commissioner’s postal address is Wycliffe House, Water Lane, Wilmslow SK9 5AF. The telephone number for the Information Commissioner’s Office is 0303 123 1113 or 01625 545745. The e-mail address is: [email address].
Yours Sincerely
Phil Aspinall
Head of Customer Services
Tel: (0151)-443 3510 | Mob: 07919 111248 | Email: [email address]
Knowsley Council | Municipal Buildings | Archway Road | Huyton | L36 9YU"
Yours sincerely,
Paul Woods
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