Special Circumstances and Reasons for urgency Agreed.

Resolved

1.                  That, subject to (a) below, the enforcement policy contained in Appendix 1 to the report (CAB 041/101), be approved:

(a)         Annex 1 “Policy on the use of Covert Surveillance Regulation of Investigatory Powers Act 2000”, Section 4 “Priorities”, Paragraph 4.3 list of Council’s current priorities for the use of RIPA to be revised to include all licence breaches.

2.                  That Full Council be recommended to amend the Council’s Constitution so that the Terms of Reference of the Standards Committee includes oversight of enforcement action as part of its ethical governance function; and

3.         That the Members Development Programme be modified to include training for members of the Standards Committee in respect of the Authority’s Enforcement Policy and specifically aspects relating to the Regulation of Investigatory Powers Act 2000 (RIPA) dealing with surveillance.

Action by:

ASSISTANT CHIEF EXECUTIVE – LEGAL SERVICES (I. FREEMAN)

Head of Legal Services (Community), Chief Executive’s, (D. Galpin)

Special Circumstances and Reasons for Urgency

The Chair informed members of the Cabinet that the special circumstances and reasons for urgency associated with the proposals were detailed on the front page of the report. The Cabinet subsequently agreed the special circumstances and reasons for urgency, as set out on the front page of the report, and also set out below:

“There is a need to implement this new enforcement policy with the revised RIPA [Regulation of Investigatory Powers Act 2000] policy by September [2010] in order that the changes and Member oversight required by the new code of conduct referred to in the report [paragraph 5.12] can be implemented prior to the next inspection in December 2010.

Mr Galpin, Head of Legal Services (Community), at the request of the Chair, in introducing the report summarised the key points contained therein, highlighting in particular:

·                    That the Authority undertook a variety of enforcement functions ancillary to the broad range of regulatory functions it actively exercised. The report provided a window onto this activity and proposed a framework policy which would guide officers in exercising these functions and provide Member oversight of the exercise of these functions.

·                    The Enforcement Policy would provide broad sound principles for enforcement, and these were set out at paragraph 3.1 of the report. It would also provide guidance to officers when selecting from the enforcement options available to the Authority in individual cases.

·                    The oversight of enforcement action was considered to sit appropriately with the ethical governance remit of the Standards Committee, which had a majority of independent members, and it was therefore proposed that its Terms of Reference be amended to include this. It would then be responsible for responding to recommendations from officers in respect of the commissioning of surveillance.

A discussion followed, during which the proposals in the report were broadly welcomed, and which focused on the following points:-

·                    Councillor Eaton, speaking with the consent of the Cabinet:

o                   Welcomed the report, commenting that there was an absolute need for transparency in relation to the exercise of such sweeping powers.

o                   Considered that the Council’s partnership with the Crown Prosecution Service (CPS) needed reconfiguration to ensure it took forward the best interests of residents in Tower Hamlets, given a recent poor report for the CPS.

o                   Commented that there was no mention in the report of training for members of the Standards Committee in respect of the Authority’s Enforcement Policy, and specifically aspects relating to the Regulation of Investigatory Powers Act 2000 (RIPA) dealing with surveillance, and this needed to be arranged.

o                   Relayed her understanding that payments were often made to Covert Human Intelligence Sources (CHISs), who placed themselves at risk in surveillance. The report was silent on this matter and this therefore required examination and inclusion in subsequent versions of the Enforcement Policy.

·                    The Chair, concurred with Councillor Eaton and accordingly:

o                   Requested that officers examine the issue of payments to CHISs.

o                   Proposed an additional recommendation, to those set out in the report, for the consideration of members of the Cabinet that:

“Members Development Programme be modified to include training for members of the Standards Committee in respect of the Authority’s Enforcement Policy and specifically aspects relating to the Regulation of Investigatory Powers Act 2000 (RIPA) dealing with surveillance.”

·                    Councillor Jackson, Chair of the Overview and Scrutiny Committee (OSC), speaking with the consent of the Cabinet, relayed a point made the previous evening at the OSC, that the Council needed to ensure that Registered Social Landlords and Tower Hamlets Homes (Council’s Arms Length Management Organisation) follow the correct processes in respect of enforcement and surveillance. It was also important to provide clarity for residents as to who was carrying out surveillance.

·                    Commented that many of the issues set out in the report, which could result in enforcement action and related surveillance were those which local residents wanted to be tackled such as anti-social behaviour, Fly tipping, graffiti, underage sales of knives, tobacco and alcohol. However clarification/ assurance was sought and given that the framework would wrap around current principles/ existing activities of the Council and the extent to which it was more or less restrictive; and also as to the extent to which these powers were used currently.

·                    Consideration that the code of practice referred to vulnerable elements of the community, such as those with learning difficulties and it was vitally important to take account of this with reference to enforcement.

·                    Commented that the Standards Committee would need to consider what comprised “effective oversight” of enforcement action, how it would ensure it was effectively informed about this role and how it would achieve it.

·                    The Chair, in referring to the list of priorities for targeting enforcement action under the proposed Enforcement Policy set out in the report [Appendix 1 “LBTH Enforcement Policy”, Annex 1 “Policy on the use of Covert Surveillance Regulation of Investigatory Powers Act 2000”, Section 4 “Priorities”] considered it appropriate that the list be revised to include all licence breaches including for example the sale of alcohol to minors or selling outside licensed hours; and therefore proposed for the consideration of members of the Cabinet that the recommendations set out in the report be amended accordingly.

The Chair Moved (taking account of the amendments he had proposed during the deliberation of this item), that the recommendations as set out in the report be agreed; and it was:-

Resolved

1.                  That, subject to (a) below, the enforcement policy contained in Appendix 1 to the report (CAB 041/101), be approved:

(a)         Annex 1 “Policy on the use of Covert Surveillance Regulation of Investigatory Powers Act 2000”, Section 4 “Priorities”, Paragraph 4.3 list of Council’s current priorities for the use of RIPA to be revised to include all licence breaches.

2.                  That Full Council be recommended to amend the Council’s Constitution so that the Terms of Reference of the Standards Committee includes oversight of enforcement action as part of its ethical governance function; and

3.         That the Members Development Programme be modified to include training for members of the Standards Committee in respect of the Authority’s Enforcement Policy and specifically aspects relating to the Regulation of Investigatory Powers Act 2000 (RIPA) dealing with surveillance.