Agenda item
Annual Report of Investigations Under the Regulation of Investigatory Powers Act (RIPA)
To consider an update on the Council’s use of its powers and other activities under the Regulation of Investigatory Powers Act (RIPA).
Minutes:
Janet Grant (Enforcement & Litigation, Legal Services) introduced the Annual Report of Investigations Under the Regulation of Investigatory Powers Act (RIPA). The report outlined the Council’s use of covert investigations under the Regulation of Investigatory Powers Act 2000 (“RIPA”).
Janet Grant briefly explained that there were circumstances in the discharge of its statutory functions in which it was necessary for the Council to conduct directed surveillance or use a covert human intelligence source for the purpose of preventing crime or disorder.
It was noted that Legal Services had received two requests in the 2015/16 Municipal year for authorisations to carry out directed surveillance or to use covert human intelligence sources (authorisations under Part 2 of RIPA). These requested were being processed albeit one was at an early stage.
It was also noted that both the Regulation of Investigatory Powers Act 2000 (“RIPA”) and the Council’s Enforcement Policy was being amended due to changes in legislation. A report was due to be submitted to Cabinet on 5th January 2016 as part of a Review of the Council’s Enforcement Policy.
The annual RIPA report indicated that the Committee would be updated in due course on any enforcement action taken following the single authorisation granted in 2014/2015. However, those matters had not yet reached a point where a report could be submitted.
The annual report also indicated that training needed to be arranged. This was however yet to be put in place due to difficulties with the previous supplier and the need for alternative arrangements.
Members asked a number of questions and made various comments relating to priorities for the use of RIPA as specified in the Council’s enforcement policies, lack of training in 2014/15, comparative analysis of annual returns;
The following points were noted:
· That the aforesaid forthcoming review would include the priorities for using RIPA, as specified in its policies, namely –
· 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
· Touting.
· That a bespoke training session had been organised for Members on the RIPA Act 2000 during the year, however, it did not go ahead due to the non-attendance of the approved course provider.
Members underlined the need for enforcement officers to ensure that the appropriate training was provided to both Members and officers on the Council’s enforcement policy to ensure that there was targeted enforcement action towards perceived problems, that enforcement action that was inconsistent with the Council's objectives was discourages and ensure that enforcement action was necessary and proportionate.
· That comparative analysis was necessary to over a period of time identify areas for action. The Chair also saw merit in collating benchmarking information on the use of use of RIPA to feed into a future review of the Council’s enforcement policy and considered that it would assist the Committee for officers to undertake such an exercise in the future.
· That there was a need to ensure that the RIPA policy and the Authority’s enforcement policies were being used efficiently and effectively.
Action by: Janet Grant (The Head of Legal Services)
Mark Norman (Interim Monitoring Officer)
RESOLVED
1. That the report be noted.
2. That the comments of the Standards Advisory Committee be noted.
Supporting documents: