I have just had a conversation with a parish clerk who was adamant that it is not possible to hold a parish meeting through any kind of remote means: apparently this is on the advice of NALC, CALC and SLCC.
The Local Government Act 1972 says
Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in [F1premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] unless no other suitable room is available either free of charge or at a reasonable cost.
Unless they are arguing that alcohol can be bought on the internet, therefore the internet is used for the supply of alcohol, I cannot see how "Such place as they may direct" cannot be some place on the internet.
I may formally ask them for the specific reasons, or to see the advice, but in the meantime, does anyone know what might prevent such meetings?
The argument appears to be that "It doesn't say that we can, so we can't", which is contrary to my understanding of the general principle, but I wouldn't expect all of the stated organisations to get it so far wrong.
contrary to my understanding of the general principle, but I wouldn't expect all of the stated organisations to get it so far wrong.
A body created by statute (I do not know the background for parish councils) work on the opposite principle. Unless the statute says it can it cannot. It is a creature of the statute, and has no existence or power beyond it.
Unfortunate to say the least, but they are who they are.
Unless the statute says it can it cannot. It is a creature of the statute, and has no existence or power beyond it.
The statute says that a parish council can meet in "Such place as they may direct": how would an internet meeting fall outside of that parameter?
We have spoken so far here only of parish councils, and a parish itself is another thing again. I think that a parish is a thing in itself, and that it is recognised by statute, but not created by it.
A parish can have a meeting without council if it is minded to. The Act does not specify any parameters for where a parish can meet, apart from the same provision about places that supply alcohol.
The internet is not a place, and therein lies your problem. In a remote/online meeting, the participants are in different places.
Your argument might have some force if the words of the statute said something like "meetings of a parish council shall be held at such place, either within or without their area, or in such manner, as they may direct".
Contrast the wording of the section you quote with s360A Companies Act 2006:
360A Electronic meetings and voting
(1)Nothing in this Part is to be taken to preclude the holding and conducting of a meeting in such a way that persons who are not present together at the same place may by electronic means attend and speak and vote at it.
(2)In the case of a traded company the use of electronic means for the purpose of enabling members to participate in a general meeting may be made subject only to such requirements and restrictions as are—
(a)necessary to ensure the identification of those taking part and the security of the electronic communication, and
(b)proportionate to the achievement of those objectives.
(3)Nothing in subsection (2) affects any power of a company to require reasonable evidence of the entitlement of any person who is not a member to participate in the meeting.
The internet is not a place, and therein lies your problem.
Is it not?
It is certainly arguable that it is as good a place as any. The computer hosting the meeting has a physical existence it is some place and the people meet in that place.
We can go into deep philosophy on the nature of existence, but the only thing we can really be certain of is cogito, ergo sum, and on that measure we are well met.
Is it not the case that words in law have their common meaning in English, unless specifically defined otherwise?
Is the Cambridge Dictionary not an accepted repository of English word definitions?
meetingnoun [ C ]uk/ˈmiː.tɪŋ/ us/ˈmiː.t̬ɪŋ/
Contrast the wording of the section you quote with s360A Companies Act 2006:
360A Electronic meetings and voting
(1)Nothing in this Part is to be taken to preclude the holding and conducting of a meeting in such a way that persons who are not present together at the same place may by electronic means attend and speak and vote at it.
Those are not the relevant words.
The words we would need to look at are those in that Part which might suggest that such things are precluded were it not for the disclaimer to confirm they are not.
I imagine there is nothing there that does, but they have pre-empted the idiot who suggests that it might.
Unless the statute says it can it cannot. It is a creature of the statute, and has no existence or power beyond it
Also this appears to contradict what dls was saying, because it clearly does not say that you can hold a company meeting online, it specifically says that it doesn't say that you cannot.
You are wrong. The wording in the Companies Act section - which you choose to misinterpret - demonstrates that.
How have I misinterpreted it?
What does that section say if it doesn't say that that Part of the Act doesn't say that you cannot hold an online meeting?
you might try thinking before giving in to your urge to take issue.
you might try thinking before giving in to your urge to take issue.
You might think before you post, rather than posting and deleting.
What issue have I taken that you take issue with?
The section that you've quoted seems perfectly clear to me, but you say I've misinterpreted it.
You might also ask why it was felt necessary to include those clauses in the Companies Act if what you assert were correct.
You might also ask why it was felt necessary to include those clauses in the Companies Act if what you assert were correct.
I expect they have some experience of committee meetings and the kind of fool who tries to read the rules in any way to make trouble.
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