i. Exclusion of the public

In most circumstances, the press and public will be entitled to attend meetings of a parish council or a committee of a parish council.  In the interest of openness and transparency, it is also recommended that councils extend this to meetings of a sub-committee, unless it is one dealing with staffing matters when the business is inevitably going to be of a confidential nature.

S.1, Public Bodies (Admission to Meetings) Act, 1960 allows the press and public to be excluded from a meeting if it considers the publicity would be prejudicial to the public interest due to the confidential nature of the business, or other special reason.

It will be necessary for a councillor to move a motion to exclude the public from the meeting during the particular items of business on the agenda and the meeting must pass a resolution to confirm this and the reason why. The resolution does not need to document the precise legal or other reason as to why the public were excluded.   The exclusion must apply to all members of the public (not just an individual), although the council may invite individuals to speak at a meeting (for example their solicitor or other professional advisor) when it is in private session.

This subject is addressed in paragraph 30 of LTN 5,and on pages 141-2 of the NALC publication Local Councils Explained examples of when this could apply, such as: -

• to consider legal advice
  

• lease negotiations

• confidential staff issues

Exclusion of the public means all of them, not an individual or a specific group, although an individual may be invited to address the council, such as a solicitor or an officer.

The general entitlement to film or record meetings does not apply when the public have been excluded.