Ripa Half-Yearly Activity Report and Updated Policy

AGENDA ITEM 9

BOROUGH OF POOLE

CABINET

13TH JULY 2010

RIPA HALF-YEARLY ACTIVITY REPORT AND UPDATED POLICY: REPORT OF THE HEAD OF LEGAL & DEMOCRATIC SERVICES

1.0PURPOSE OF REPORT

1.1Cabinet receive an activity report every six months on authorisations granted under the Regulation of Investigatory Powers Act 2000 (RIPA). There has recently been a change in the legislation relating to authorisations and the opportunity is being taken to update the Council’s operational policy with regard to this.

2.0DECISION REQUIRED

2.1Cabinet is requested to note the information on activity contained in this report and endorse the revised policy relating to authorisations.

3.0ACTIVITY LEVELS

3.1Cabinet receive six-monthly updates on the level of activity under the Council’s powers deriving from RIPA.

3.2No authorisations have been granted in the last six months for directed surveillance or covert human intelligence sources. The last authorisation granted was closed in April 2009. It would appear that following public concern over RIPA, Council enforcement teams have recognised this and whilst the Borough of Poole was never a heavy user of surveillance, its use has been further curtailed by officers.

4.0REVISED POLICY

4.1The new Coalition Government have indicated their intention to bring in further controls over the use of RIPA by Local Authorities. It is suggested that for the Local Authority to use RIPA in future a warrant from a Magistrate will be required. However, this has not yet been enacted and no timetable has yet been set out. In the meantime, the Government have introduced some minor amendments to the level of authorising officers within Local Authorities.

4.2These are contained in the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 Statutory Instrument 10/521. The Statutory Instrument sets out that authorisations must be granted either by a Director, Head of Service, Service Manager, or equivalent. So far as the Borough of Poole is concerned, authorising officers have always been restricted to Strategic Directors or Service Unit Heads. The opportunity has been taken to revise the Council’s policy on authorisations, both to reinforce this authorisation level and to take into account what we know about best practice in terms of surveillance. The revised policy is attached for Cabinet endorsement. The policy builds upon and is not significantly different from the previous policy, but the opportunity has been made to ensure that the language is clearer and that the relative duties and obligations of authorising officers are made clear.

4.3Should further legislative changes come forward, these will be reported to Cabinet in due course.

5.0LEGAL IMPLICATIONS

The legal implications are as not in this report. The Authority’s Authorisation Policy is being updated in accordance with changes in secondary legislation.

6.0FINANCIAL IMPLICATIONS

There are no specific financial implications arising from these matters.

7.0EQUALITY IMPLICATIONS

Surveillance is undertaken, if authorised, for the purposes of enforcement activity. The Council’s enforcement policy states as follows:

• Any decision regarding enforcement action will be impartial and objective and will not be affected by race, politics, gender, sexual orientation or religious beliefs of any alleged offender, victim or witness.

Those seeking authorisation should always consider the equalities impact on the subjects of the surveillance.

6.0CONCLUSIONS

6.1Cabinet are requested to note the current level of activity with regard to surveillance and endorse the revisions to the policy as attached.

T M Martin

Head of Legal and Democratic Services

22nd June 2010

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