Policy, Resources & Performance Cabinet Panel Wednesday 11 July 2012 at 2.00Pm Item 6

HERTFORDSHIRE COUNTY COUNCIL

POLICY, RESOURCES AND PERFORMANCE CABINET PANEL

WEDNESDAY 11 JULY 2012 AT 2.00 PM

CABINET

MONDAY 16 JULY 2012 AT 2.00 PM

REGULATION OF INVESTIGATORY POWERS ACT (RIPA) - ANNUAL REPORT COVERING THE PERIOD 1 APRIL 2011 TO 31 MARCH 2012

Report of the Chief Legal Officer

[Authors: Guy Pratt, Assistant Director Community Protection

Tel: 01707 292429

Kathryn Pettitt, Chief Legal Officer

Tel: 01992 555527]

Executive Members: David Lloyd (Resources and Economic Wellbeing)

Richard Thake (Environment and Community Safety)

1. Purpose of report

1.1 To inform Members of the use of RIPA within Hertfordshire County Council over the past year; to highlight any deviations from policy; and to provide details of any internal and external inspections and audits which have taken place.

2. Period Of The Report

2.1 The report covers the period 1 April 2011 to 31 March 2012. This is the annual report to Members.

3 Recommendations

3.1 The Panel is invited to note the report and recommend to Cabinet the continued use of the Council’s current policies on (a) Directed Surveillance and Covert Human Intelligence Sources and (b) Acquisition of Communications Data from communication service providers.

The full policy documents may be found at the following link (as Appendices A and B to Item 6 of last year’s report): http://www.hertsdirect.org/your-council/civic_calendar/prandp/16975835/ .

4 Background

4.1 The Regulation of Investigatory Powers Act 2000 (the Act) regulates covert investigations and the acquisition and disclosure of communications data from communication service providers by a number of bodies, including local authorities. It was introduced to ensure that the rights of individuals are protected, while also ensuring that law enforcement and security agencies have the powers they need to do their job effectively.

4.2 The only purpose for which the Council can access such data is for the purpose of preventing or detecting crime or of preventing disorder. The Fire and Rescue Service may also access such data in the interests of public safety.

4.3 The County Council has separate policies on covert investigations and the acquisition and disclosure of communications data. These require Members to consider internal reports on the use of RIPA on at least a quarterly basis, to ensure that it is being used consistently with the Council's policy and that the policy remains fit for purpose.

4.4 The policies have to be approved by Members on a yearly basis to confirm that they are fit for purpose.

5. Use of RIPA for Covert Surveillance

5.1 In the year April to March 2011 / 2012 Hertfordshire County Council’s use of RIPA for surveillance purposes was as follows:

(a) Directed Surveillance

The number of directed surveillance authorisations granted during the period was 18. There were:

9 alcohol test purchasing exercises

7 tobacco test purchasing exercises

1 firework sale observation.

1 test purchase of a misdescribed vehicle.

(b) Covert Human Intelligence Sources (CHIS)

The number of CHIS recruited during the period was 0 (zero); the number who ceased to be used during the period was 0 (zero); and the number of active CHIS at the end of the period was 0 (zero).

The number of breaches identified under each category of authorisation (Directed Surveillance and CHIS) was 0 (zero).

5.2 There was an inspection by the Chief Surveillance Commissioner’s Office within the period. On 19 September 2011, the Council’s management of covert activities was reviewed by HH Dr C Kolbert on behalf of the Office of Surveillance Commissioners. The review was a favourable one stating that ‘under the effective leadership of Guy Pratt, your council shows continuing professionalism in relation to its RIPA processes and everything seems to be in place to ensure effective use of directed surveillance when the need arises.’

Dr Colbert was particularly impressed with the provision of training: he praised the will to professionalise RIPA processes and recommended that we produce a guidance document to allow officers to have readily to hand a practical guide. This procedural guide has been written and will be available on Compass in the very near future.

6. Use of RIPA for the Acquisition and Disclosure of Communications Data

6.1 In the year April to March 2011/2012, Hertfordshire County Council’s use of RIPA for obtaining communications data was as follows:

(a) Applications for communications data: 22.

There were requests for 54 data items (e.g. separate telephone numbers, I.P. addresses).

(b) Applications rejected: 2

6.2 There was an inspection by the Interception of Communications Commissioner’s Office within the period.

An inspection by the Interception of Communications Commissioner’s Office, of the arrangements we have in place for the acquisition of communications data under RIPA, took place on 7 November 2011. The Council emerged very well from this inspection. It was found that the Council was acquiring data for a correct statutory purpose; there was no evidence to suggest that the powers had been used to investigate trivial offences; and that the Council had a good level of compliance with the act and code of practice.

7. Financial Implications

7.1 There are no financial implications arising from this report.