Archived decisions
3B Access to information protocol Appendix 3
1. Background
1.1 The Local Government (Access to Information) Act 1985 and subsequent Regulations set out the statutory requirements for open government. The County Council operates a regime more generous than the requirements of the Act, and it tries to be as open as possible in all aspects of its decision making.
1.2 As far as is reasonably practicable the County Council makes copies of all Executive Member decision papers and the summons and agenda for all meetings available to the public at least five clear days beforehand ie excluding weekends and Bank Holidays.
2. The new Constitution
2.1 For councils operating executive arrangements, the Access to Information Regulations and statutory guidance cover the access of press and public to documents, and decisions and meetings of the Executive and Committees. In addition, the Regulations cover access to documents and decisions of individual members of the Executive; Officers when they are making key decisions; and joint committees discharging delegated executive functions.
2.2 Where a report is given to the decision maker in respect of a `key' decision - whether it be a decision making body or an individual Executive member or an officer - it must be made publicly available, together with a list of background documents and sufficient copies, not less than five clear days before the decision is taken. Copies of the agenda/decision sheet and the supporting report(s), including the list of background documents. , will be published on Hantsweb and an e-link sent to all Members of the County Council as soon as possible on the day following the posting of the document(s) to the decision maker so that, as far as is reasonably practicable, the document(s) are available to members of the County Council in advance of publication in accordance with Section 100B of the Local Government Act 1972
2.3 The Access to Information Regulations require the recording of Executive decisions (including key decisions taken by officers). Such records must include the reasons for the decisions; any alternative options considered when the decision was made; and list any declarations of interest and dispensations granted. Once a decision has been made - either at a meeting or by an individual - the record and background papers have to be made public. The record of each Executive decision will be published on Hantsweb within 7 days of the decision having been made if it is different from that published when notice of the decision was published. Members of the relevant Policy Review Committee(s) will be sent an e-link to the decisions within the remit of the Committee(s) within 7 days of the decisions have been made.
2.4 Regulation 7 of the Access to Information Regulations sets out the circumstances when the Executive or committees of the Executive must meet in public - broadly speaking, when they are taking a 'key decision' collectively, or discussing with officers present a 'key decision' to be taken collectively in the next 28 days. It is the County Council's intention, as far as practicable, that the necessary documentation will be in the public domain five clear days before such a decision is made.
2.5 Where an urgent key decision is required, the decision maker must get the agreement of the chairman of the relevant Policy Review Committee or, in his or her absence, the Chairman or Vice-Chairman of the Council that the making of the decision is urgent. The reason will need to be identified and recorded in the decision.
2.6 Any member of the Council - subject to the rules on exempt information - shall have access to any document, other than a draft, which is in the possession of the Executive (and which contains material relating to any business to be transacted at a public meeting), before the meeting, and any similar document at a private meeting, after its conclusion, and any document the subject of a decision of an individual member or officer immediately after the decision is made. Any member of a Policy Review Committee is entitled to copies of such documents.
2.7 The Access to Information Regulations 2006 align the statutory definitions of `confidential' and `exempt' information more closely with the provisions of the Freedom of Information Act. Where information or decisions are `confidential' or `exempt' it will not be published.
2.8 The Leader will, at quarterly intervals, submit to the Council details of all urgent Executive decisions taken during the previous three months.
2.9 General considerations
i. The Council will ensure that (as with the Council, its committees and sub-committees) all decisions made by members of the Executive (either collectively or individually) will be based on sound professional advice from officers, including advice from the Monitoring Officer and County Treasurer where appropriate.
ii. If decisions are made by individual members of the Executive, the Head of Corporate and Legal Services will make a record of the decision, and they will make that record publicly available in line with this protocol.
iii. The failure to ensure that a record is made of a decision will be a breach of the Regulations and a breach of the relevant Code of Conduct, and it will be dealt with by the Standards Board.
iv. The Council will make it clear when decisions are to take effect in order to provide certainty (particularly for Policy Review Committees, and call-in procedures). Arrangements will be made which will ensure that decisions, particularly those affecting third parties, are not acted upon before they have been properly recorded, and the operation of the call-in procedures fully completed if appropriate.
v. All decisions taken by members of the Executive (individually or collectively), and key decisions taken by officers, will be recorded and published as soon as reasonably practicable, and not later than 7 days after the decision is taken. The decision record will include the reasons for the decision and any relevant interests which any of the members involved had, together with any dispensations granted.
vi. There will be no requirements to publish any officer decisions which are not key decisions. All decisions of the Council will be subject to the general requirements (for disclosure of information of any kind) under the Freedom of Information Act 2000.