Agenda item

Report of the Executive Director of Resources

The Committee considered a report of the Executive Director of Place, which reported on the Council’s use of the Regulation of Investigatory Powers Act 2000 (RIPA). RIPA governed the acquisition and disclosure of communications data and the use of covert surveillance by local authorities.

The report indicated that the Council’s used powers under RIPA to support its core functions for the purpose of prevention and detection of crime where an offence may be punishable by a custodial sentence of 6 months or more, or were related to the underage sale of alcohol and tobacco. There were three powers available to local authorities under RIPA: the acquisition and disclosure of communications data; directed surveillance; and covert human intelligence sources (“CHIS”).

The Committee noted that the Act set out the procedures that the City Council must follow if it wished to use direct surveillance techniques or acquire communications data in order to support core function activities ( (e.g. typically those undertaken by Trading Standards, Environment Health and Benefits). The information obtained as a result of such operations could later be relied upon in court proceedings providing RIPA was complied with.

The Home Office Code for Covert Surveillance Property Interference recommended that elected members, whilst not involved in making decisions or specific authorisations for the local authority to use its powers under Part II of the Act, should review the Council’s use of the legislation and provide approval to its policies. The Council adopted this approach for oversight of the authority’s use of Parts I and II of the Act.

The Committee noted that the Assistant Surveillance Commissioner, Sir David Clarke inspected the Council’s RIPA arrangements in respect of directed surveillance on 8^th December, 2016. He found that the Council’s arrangements were ‘generally in good order’ and ‘the use by the Council of its statutory powers is appropriate’ and that the ‘quality of authorisations is good’. He made three recommendations which were set out in the report. One of the recommendations was that the Council’s Policy and Guidance documents be further revised. Work was currently ongoing and it was the Intention that the updated policy would be combined with that for communications data so as to provide one coherent policy. The Committee asked to be updated when this new policy was available. 

The report indicated that for the period 1 April 2015 to 31 March 2016, as reported to the Office of Surveillance Commissioners (OSC), two direct surveillance applications were granted and two authorisations were granted by the Magistrates. For the period 1^st April to 31^st December, 2016 three direct surveillance applications were granted and three authorisations were granted by Magistrates. There was one direct surveillance operation remaining extant. There were no reported instances of the Council having misused its powers under the Act.

The Committee noted that no applications for the disclosure of communications data had been made during 2016.

Having considered the report submitted, the Committee were of the view that there were no specific comments or recommendations to forward to the Cabinet Member for Policing and Equalities.

RESOLVED that:

1.  The Council’s use and compliance with the Regulatory and Investigatory Powers Act (RIPA) be noted.

2.  Members to be informed when the combined policy will be available.