The Committee noted that:

The report had not been published five clear days in advance of the meeting.   However, the Chair of the Committee indicated that he was satisfied that it was necessary to consider information about the Council’s use of covert investigation without that consideration being delayed to a later meeting.  This was because the use of covert investigation was a sensitive matter and given that the last meeting of the Standards Committee had been cancelled, the Chair took the view that it was important that there should not be an extended period without member oversight.

The Council has broad statutory functions and takes targeted enforcement action in relation to those functions, having regard to the Tower Hamlets Community Plan, the Council’s Local Development Framework, any external targets or requirements imposed under relevant legislation and the Council’s enforcement policy. 

There may be circumstances in the discharge of its statutory functions in which it is necessary for the Council to conduct directed surveillance or use a covert human intelligence source for the purpose of preventing crime or disorder.

RIPA was enacted to provide a framework within which a public authority may use covert investigation for the purpose of preventing or detecting crime or of preventing disorder.  It had been designed to ensure that public authorities would not contravene the obligation in section 6(1) of the Human Rights Act 1998 not to act in a way which is incompatible with an individual’s rights under the European Convention on Human Rights (“ECHR”). 

The main points of the discussion on the report may be summarised as follows:

1.         The Committee heard that the use of the use of RIPA needed to be necessary and proportionate e.g. the investigation of a serious offence that carries at least a six-month custodial sentence.

2.         The Committee heard that Tower Hamlets Homes (THH) is not covered by RIPA but as a public authority they have to comply via the human rights act to a RIPA-like process. The Committee asked for written advice to be circulated to them on this point.

3.         The Committee heard that issues such as litter, which do not carry significant enough penalties, do not fall within the definition of serious offence in the legislation, as is required to justify the use of RIPA. 

4.         The Committee was reminded to make use of the smart phone app, Find It, Fix It, Love It that has been introduced as part of the Council’s commitment to making the Borough an even cleaner and safer place to live, work or visit.

5.         The Committee heard that with regard to drug related offences one needs to be able to test what substance it is and video evidence will not provide that level of evidence. The Committee indicated that they wanted to see a robust approach by the partnership to address drug related issues.

6.         The Committee felt that social landlords like Tower Hamlets Homes should make more use of RIPA to address anti-social behaviour in those properties that they manage. In addition, THH should provide details on how many evictions had been undertaken of the perpetrators of ASB.  In response it was noted that THH take such matters very seriously and they are working with partner agencies to address such issues.

7.         The Committee heard that THH are looking at an improved communications strategy so that residents know what is being done to address ASB by their residents. 

As a result of a full and wide ranging discussion on this report the Committee

RESOLVED that:

The next year’s Committee is recommended to hold a spotlight session with THH and Social Landlords on this topic.