To approve the amended RIPA Procedural Guide and to recommend to the Executive Committee that it be adopted; to approve the designation of the Borough Solicitor and Monitoring Officer as the Council’s Senior Responsible Officer for the purposes of RIPA; and to note the Office of Surveillance Commission inspection due on 21 November 2013.

26.1           The report of the Borough Solicitor, circulated at Pages No. 73-99, updated the Committee on the changes to the Regulation Investigatory Powers Act 2000 (RIPA) and codes of practice; summarised the new duties and responsibilities the legislation placed on Local Authorities, Officers and Members; and recommended amendments to the procedural guide to meet those. Members were asked to consider the amended RIPA procedural guide and recommend it to the Executive Committee for approval; to approve the designation of the Borough Solicitor and Monitoring Officer as the Council’s Senior Responsible Officer for the purposes of RIPA; and to note the Office of Surveillance Commission inspection due on 21 November 2013.

26.2           The Borough Solicitor indicated that RIPA provided the legal framework for the control and regulation of surveillance and information gathering techniques which public authorities undertook as part of their duties. The use of covert surveillance by the Council was rare and since 2010 the Council had not undertaken any covert surveillance or information gathering techniques that would fall under the scope of RIPA. However there may be cases, such as benefit fraud cases, where the use of such surveillance was both necessary and proportionate and it was therefore necessary for the Council to have an up to date procedural guide to ensure that Officers complied with RIPA requirements.

26.3           The Home Office had carried out a review of Counter-Terrorism and Security Powers and the Outcomes were included in the Protection of Freedoms Act 2012. That Act had changed the Council’s RIPA Powers, most notably that approval was now required from the Magistrates Court before any authorisation granted by authorised officers within the Council could take effect. In addition, urgent oral authorisations were no longer available and RIPA directed surveillance could only be authorised when the offence carried a maximum custodial sentence of 6 months or more or the offence related to underage sales of tobacco and alcohol. Referring to the list of designated officers, contained at Page No. 92, the Borough Solicitor advised that she would like to amend that list so that only those most likely to require use of the powers were included. This would mean the removal of the Development Services Group Manager, the Business Transformation Group Manager and the Policy and Performance Group Manager.

26.4           During the brief discussion which ensued, a Member questioned when the Council might need to undertake covert surveillance. In response, the Borough Solicitor indicated that often this would apply to cases of benefit fraud or breaches of licensing etc. However, most of the Council’s information gathering was done overtly so the covert surveillance powers were rarely used. The Council had Fraud Investigation Officers and they would carry out the surveillance if authorised and this could involve following people or using strategically placed CCTV etc. In terms of the time it would take for a Magistrate to authorise surveillance, Members were advised that this could be done very quickly and as such should not cause a problem in terms of timing. Another Member questioned whether the phrasing used within the Policy should be ‘authorised’ or ‘authorising’. In response, the Borough Solicitor indicated that she would ensure the Policy was checked and was consistent before it was circulated to the Executive Committee. 

26.5           Having considered the report, it was

                  RESOLVED          1.  That the amended RIPA Procedural Guide, as set out at                                          Appendix 1 to the report, be RECOMMENDED TO                                                EXECUTIVE COMMITTEE for APPROVAL, subject to the                                Guide being checked for consistency in terms of the use of                                    ‘authorising’ and ‘authorised’; and the Development Services                                    Group Manager, the Business Transformation Group                                              Manager and the Policy and Performance Group Manager                                   being deleted from the list of designated officers.

2. That the Borough Solicitor and Monitoring Officer be designated as the Council’s Senior Responsible Officer for the purposes of RIPA.

3. That it be NOTED that the Office of Surveillance Commission would undertake an inspection on 21 November 2013.