Agenda item

The following question has been asked by Councillor Ed Gemmell under section 2.17 of the Committee Procedure Rules:

“There have been ongoing requests from members of the scheme and other residents in Buckinghamshire for an increased level of transparency from the Pension Fund Committee. Under the Constitution the committee is committed to operating “as transparently as possible” and items can only be deemed confidential by the Chairman. Please can an explanation be provided by the Chairman as to why he has ruled the majority of the deliberations and consultations of the pension committee to be confidential, for what reason he deems these items confidential and how he might envisage relaxing his ruling to promote more transparency for scheme members?”

The following question was asked by Councillor Ed Gemmell under section 2.17 of

the Committee Procedure Rules:

“There have been ongoing requests from members of the scheme and other residents in Buckinghamshire for an increased level of transparency from the Pension Fund Committee. Under the Constitution the committee is committed to operating “as transparently as possible” and items can only be deemed confidential by the Chairman. Please can an explanation be provided by the Chairman as to why he has ruled the majority of the deliberations and consultations of the pension committee to be confidential, for what reason he deems these items confidential and how he might envisage relaxing his ruling to promote more transparency for scheme members?”

Response provided by Councillor Timothy Butcher:

The Council’s submission of information to meetings is based on a judgement of the statutory provisions as set out in the Council’s Access to Information Rules (Part B, section 2 of the Council’s Constitution, page 30). ?These are based on the statutory rules for the exclusion of members of the public and press. ?Formal committee meetings must be held in public unless one or more of a limited number of legal reasons apply.? The Access to Information Rules list them. They relate, as one would expect, to such things as personal data, commercial and financial interests etc.? Paragraph 2.18 says: “ The public may be excluded from an item at a meeting whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings, that exempt information would be disclosed.” Paragraph 2.20 then goes on to list what the valid reasons for exempting the procedures.?  

This means that ‘a private session’ would only discuss issues that relate to one of the exemptions.? In summary, the full list is: 

1. Information relating to an individual 

2. Information which is likely to reveal the identity of an individual.  

3. Info relating to the financial or business affairs (past or present) of any particular person (this includes commercial interests) ? 

4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter  

5. Information in respect legal professional privilege 

6. Information which reveals that the Authority proposes to give notice or issue orders  

7. Information relating to the prevention, investigation or prosecution of crime. 

Paragraph 1.15 of the Pension Fund Committee Terms of Reference does not add to these provisions but is intended as an indication as to how they may be used when constructing an agenda.? Any decision on excluding the press and public to consider such an item in exempt session is a decision of the committee (not of the Chairman), based on officer advice, having regard to the statutory provisions.? ?Given that the statutory provisions exist in the form that they do, proper implementation of them is itself a reflection of the public interest.?  

The specific reason for regarding an item and any associated information as exempt will be specified in the resolution of the meeting and will always relate to one of the reasons set out in paragraph 2.20 of the Access to Information Procedure Rules. 

The Chairman also commented that he was taking advice on whether the risk register could be provided in the public part of the meeting. A Member asked what information was provided to Pension Scheme Members. In response it was noted that they received an annual benefit statement for their annual valuation. Information was also provided on the website which included the Funding Strategy Statement, Investment Strategy, Environment, Social and Governance Policy and the Annual Report. The triennial actuarial valuation would be available at the end of March. In terms of providing benchmarking of other providers this was not relevant as it was a defined benefits scheme which was legally defined. A Member commented that whilst investment performance was key for employers Pension Scheme Members should be made aware of any risks to the Fund. The Pensions and Investments Manager reported that the actuarial valuation was a public document which provided benchmarking information.

A Member commented that the Committee was transparent and where legislation allowed they debated policies in public such as climate issues. The Advisor also commented that there was information on Brunel’s website on their carbon targets.

A copy of a redacted benefit statement would be provided to Members for their information.

Action: Pensions and Investments Manager