OVERVIEW AND SCRUTINY
Report Title
22 JUNE 2011
REVIEW OF SURVEILLANCE POLICIES
Are there background papers?
Yes
No
Exempt
Yes
No
Reason for Exemption?
Key Decision?
No
If Key Decision is it on the Forward Plan?
Yes
No
Decision for Full Council?
Yes
No
Ward(s) affected?
All
Responsible Cabinet Member name
Trevor Ivory
Contact Officer
Nick Baker
E-mail address
nick.baker@north-norfolk.gov.uk
Telephone number
01263 516221
Are there Non Electronic Appendices?
No
List of Background Papers
File Location:
PLEASE REFER TO SECTION 7 OF THE GUIDANCE NOTES FOR TEMPLATES
Implications / Risks:
Have you identified & explained within the report the
implications of the options available to members?
Yes
(Implications should include financial, legal and links to the
Council’s existing policies and strategies)
Have you highlighted the Risks to the Council?
Financial Implications and Risks to the Council should
have their own separate headings. It is not acceptable to
simply state that financial implications or risks have been
alluded to in the main body of the report.
Yes
OVERVIEW AND SCRUTINY
Have you considered Sustainability issues in relation to
this report?
22 JUNE 2011
Yes
None
Not applicable
Sustainability should have its own separate heading. It
is not acceptable to simply state that Sustainability has
been alluded to in the main body of the report.
Have you considered Equality and Diversity issues in
relation to this report?
Yes
None
Not applicable
Equality and Diversity should have its own separate
heading. It is not acceptable to simply state that Equality
and Diversity has been alluded to in the main body of the
report.
This report has been subject to the following processes:
Consultations with:
Cabinet Member
Yes
If not please state
reason below
Local Member
Yes
If not please state
reason below
Yes
If not please state
reason below
Monitoring Officer
Yes
If not please state
reason below
Democratic Services Manager
Yes
If not please state
reason below
Yes
If not please state
reason below
No local member, all wards
S151 Officer
N/A
N/A
Communications Manager
N/A
Other Head(s) of Service:
Others:
Please confirm this report has been signed off by:
Management Team
Yes
Not apt
Relevant Strategic Director
Yes
Not apt
The Chief Executive
Yes
Not apt
OVERVIEW AND SCRUTINY
22 JUNE 2011
Agenda Item 16
REVIEW OF SURVEILLANCE POLICIES
Summary:
The report provides an update for members on the two Policies required by the
Regulation of Investigatory Powers Act 2000 (RIPA). A number of minor
amendments are required in order to comply with statutory guidance issued over
the last year and changes in officer responsibility. The review also covers the
actual use of these policies by Council services.
Conclusions: The main responsibility for control of RIPA Authorisations has now been
transferred to the Strategic Director – Environment.
The changes outlined above and detailed in the Appended Policies are required
by legislation and statutory guidance but do not constitute a new Policy.
In the past 12 months, any Authorisations have been lawfully undertaken.
Recommendations: Members are asked to note the changes made to the policy and the report
of authorisations made in the past year.
Cabinet member(s):
Trevor Ivory
Ward(s) affected:
All
Contact Officer, telephone number, and e-mail:
Nick Baker, 01263 516221
nick.baker@north-norfolk.gov.uk
1.
Background
Members may be aware that the Regulation of Investigatory Powers Act 2000 (RIPA) provides a
structure under which certain methods of surveillance are controlled.
Some of these methods are used by local authorities and indeed this Council, for a range of
activities, particularly as a part of regulatory and enforcement activity and for the purposes of
preventing crime and disorder.
Clearly, there will always be concern about intrusion into people’s privacy where any
surveillance is undertaken and indeed, the Human Rights Act 1998 enshrines this issue in
legislation. The Policies under consideration here seek to ensure that where surveillance
activity is necessary, privacy is protected wherever possible.
The Act requires that the Council publishes two Policies for its activities in this area which are
attached at Appendix 1 and 2. A full explanation of the Policies is contained within each
document but essentially the Policies lay out a framework for authorising certain methods of
surveillance which may be necessary during activity undertaken by the Council.
OVERVIEW AND SCRUTINY
22 JUNE 2011
The Council is required to keep the Policies under review and the time is now appropriate for
the latest amendments to be placed before Members.
The substantive Policies are only being changed to:
•
include required wording arising from legislative changes and new legally binding
codes of practice
•
to allow for the changes in Officer responsibility with the lead role for RIPA activity
being transferred from the Monitoring Officer to the Strategic Director – Environment
The updated Policies are not required to be approved by Cabinet. The reporting of the
Overview and Scrutiny meeting minutes containing the review and amendment of the Policies to
Full Council will suffice in this case, rather than a formal Policy approval by Full Council.
As and when further substantive changes are made these will be reported to Full Council for
adoption of a new Policy in due course.
2.
Authorisations over the past year
The following Authorisations are contained in the RIPA file since April 2010:
Reference WK/100004549 – Fly tipping – Walsingham – This related to a serious and ongoing
fly tipping problem involving a number of offenders. Due to the nature of the site, it was
necessary to use covert CCTV to monitor the site. As a result of this surveillance, four
successful prosecutions resulted from this investigation. Although subsequent consideration of
this case concluded that RIPA Authorisation was not required, the process that was followed
ensured that the Councils position was protected and that appropriate safeguards were in place.
Reference WK/110003458 – Alleged illegal tattooist where surveillance was the only way of
potentially gathering evidence. This case is still ongoing but at the time of writing the
Authorisation had not yet been extended or cancelled which is a technical breach of the
Council’s Policy. This issue has been dealt with internally and steps taken to ensure that
similar breaches do not take place in the future.
3.
Risks to the Council
If Directed Surveillance is undertaken by the Council or its Officers which is not in accordance
with the requirements of the RIPA, proceedings or compensation are possible under Section 7
of the Human Rights Act 1998. Properly authorised activity will protect the Council from such
challenges.
4.
Equality and Diversity
There are not considered to be any Equality and Diversity issues as these would be a required
consideration when authorising the use of RIPA Powers.
5.
Crime and Disorder
By the very nature of RIPA activity, the prevention of crime and disorder would go to the heart of
any authorisation. In addition, there is a need for RIPA to be considered in some circumstances
during the use of CCTV operations by the Council.
OVERVIEW AND SCRUTINY
6.
22 JUNE 2011
Conclusions
The main responsibility for control of RIPA Authorisations has now been transferred to the
Strategic Director – Environment.
The changes outlined above and detailed in the Appended Policies are required by legislation
and statutory guidance but do not constitute a new Policy.
In the past 12 months, any Authorisations have been lawfully undertaken.
7.
Recommendations:
Members are asked to note the changes made to the policy and the report of authorisations
made in the past year.