Agenda item
Covert investigation under the Regulation of Investigatory Powers Act 2000
To consider and comment on the information contained in Appendix 1.
Minutes:
Councillor Ohid Ahmed (Cabinet Member for Community Safety) introduced and highlighted the key points in the report.
The main points of the discussion on this report may be summarised as follows. The Committee:
· Expressed satisfaction with the use of RIPA but would wish to see its wider use in the Borough to tackle Anti-Social Behaviour. The Committee noted that the use of RIPA by the Council and the Police would be dependent on whether it was considered to be the most appropriate measure to address a particular situation.
· Asked if RIPA is used to address drug related crime, they were informed that RIPA is primarily a statutory function of last resort as directed surveillance. This is why the Council have employed other resources such as paying for additional Police Officers and deployment of Tower Hamlets Enforcement Officers.
· Noted the observations made by the Council’s Standards Committee when it considered the Councils use of covert investigations.
· Noted that the Council cannot undertake surveillance without a court authority.
· Noted that RIPA has been utilized on a case by case basis in the Borough and has particularly been used to address such crimes as breach of licences, and. touting and underage sales.
· In relation to the other priority areas in the policy the Committee was informed that their inclusion was to enable rather than require action. The Committee was reminded that RIPA is not always the most appropriate method to address such crimes. The Council and its partner agencies do utilise a range of tried and tested methods which require very careful consideration of the level of intervention that is actually required together with the need to ensure that they satisfy the Courts and the Surveillance Commissioner that all the potential alternative methods have been duly considered and utilised.
· Asked if there was bench marking data available on the use of such methods by other local authorities. In response it was noted that when the Council reviewed the enforcement activity across Tower Hamlets in 2012 consideration had been given to the extent of enforcement and what had been the impact.
· Whilst noting this point felt that their experience as ward councillors and community representatives seemed to indicate that crimes such as ASB are not being properly addressed and action is required. In response it was noted that there has been considerable activity to address such crimes, although it is recognised that the prosecution or threat of prosecution does not always lead to a change in behaviour by the perpetrators of such crimes.
· Whilst acknowledging that RIPA is one of a number of enforcement measures to consider in response to certain criminal activity and needs to be considered within the broader context of enforcement, they wanted to know what was being done by the Housing Providers with the support of the Council and other Partner Agencies to address these crimes.
· Noted that notices under RIPA for the use of particular covert techniques can only be given once an order approving the authorisation or notice has been granted by a Justice of the Peace and where a local authority is investigating particular types of criminal offence.
The Chair thanked Councillor Ohid Ahmed for attending tonight’s meeting and Moved and it was:-
Resolved
1. To note apparent incongruity that there were only 3 reported applications for RIPA authorisation of covert surveillance investigation in 2013/14 given the priority areas set out in the report, given the awareness of the Committee Members of the level of such activities in the Borough and recommend that this inform any future review of the Enforcement Policy by the Executive; and
2. To express concern regarding the lack in take up of RIPA authorised surveillance by the Authority to address such priority areas as anti-social behaviour; fly-tipping; unlawful street vending of DVDs and tobacco; underage sales of knives, tobacco, alcohol and fireworks; fraud, including misuse of disabled parking badges and claims for; housing benefit; Illegal money-lending and related offending; breach of licences and touting to the benefit of the Borough's; and
3. Request that the Committee receive a brief report that would provide information/figures relating to surveillance without RIPA authorisation on both public land and Council land.
Supporting documents:
- RIPA 2000 DG1710140824am, item 7.2 PDF 48 KB
- RIPA Report 2014 Oct 21 v3 DG1310141121am, item 7.2 PDF 138 KB