Key Facts B. 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 press and 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.

Examples of when it is reasonable to exclude the press and the public could apply, such as: -

• to consider legal advice and legal action

• lease negotiations

• confidential staff issues

• consideration of tenders and contracts

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

Should any matter be considered during the confidential part of the meeting it is important that no councillor or officer discusses the issues and items considered outside the meeting with anybody else (including close family and friends).  Some items can be very sensitive, and businesses, individuals and groups may be affected by the items being discussed and decisions taken.  Loose talk may result in the council, individual councillors and officers facing prosecution or legal action for breach of confidentiality and data protection law or it could adversely affect the Council's position in further negotiations.