Issue - meetings

This report informs Cabinet of the Council’s use and conduct of surveillance techniques in accordance with the Regulation of Investigatory Powers Act (RIPA) 2000.  It also notifies Cabinet of the pending Investigatory Powers Commissioner’s Inspection and seeks Cabinet approval for changes to the RIPA policy.

Cabinet RESOLVED:

(1)        To approve the proposed changes to the RIPA policy attached as Appendix A to the report.

(2)        To note the oversight role of Audit & Standards Advisory Committee (ASAC), and that this matter had been considered by the committee at its meeting on 20 January 2020.

(3)        To note the oversight role of the Monitoring Officer and that regular reviews were undertaken by her and senior management.

The Deputy Leader, Councillor Margaret McLennan, introduced the report informing Cabinet of the Council’s use and conduct of surveillance techniques in accordance with the Regulation of Investigatory Powers Act (RIPA) 2000.  In addition, Cabinet were updated on the Investigatory Powers Commissioner’s Inspection with approval also being sought to recommended changes to the RIPA Policy.

RESOLVED that Cabinet:

(1)      Approve the proposed changes to the RIPA policy attached as Appendix A to the report.

(2)      Note the oversight role of Audit & Standards Advisory Committee (ASAC), and that the matters identified within the report had been considered by the Committee at its meeting on 20 January 2020.

This report informs Cabinet of the Council’s use and conduct of covert surveillance techniques when investigating serious criminal offences relying on the powers made available to local authorities in Part II of the Regulation of Investigatory Powers Act 2000 (RIPA).

RESOLVED:

15.1 The Council’s policy and procedures on RIPA be approved, as appended to this report, and the document be kept under review and updated by the Monitoring Officer as and when necessary; and

15.2 The oversight role of the Monitoring Officer and the Audit Advisory Committee be noted.

Councillor Muhammed Butt, Leader of the Council, introduced the report which informed Cabinet of the Council’s use and conduct of covert surveillance techniques when investigating serious criminal offences relying on the powers made available to local authorities in Part II of the Regulation of Investigatory Powers Act 2000 (RIPA). Councillor Butt referred to Brent Council’s RIPA Policy and Procedures presented in the appendix to the Cabinet report (pages 321-338 to the Agenda pack). He informed Cabinet that RIPA made surveillance authorised in accordance with the statutory framework and thereby protected the Council from legal claims and complaints and ensured that the evidence it relied upon in prosecutions was admissible. Councillor Butt clarified that covert surveillance techniques included static surveillance; mobile surveillance; and using hidden CCTV at a crime hotspot. Cabinet heard that in addition to the current legislation, the Council’s policies and procedures were informed by statutory codes of practice issued by the Home Office in December 2014. Namely, the Covert Surveillance etc. Code of Practice and Covert Human Intelligence Sources Code of Practice. Moreover, the Council’s use of its RIPA powers had been diminishing in recent years, with RIPA powers predominantly used to enforce trading standards controls such as test purchases of age restricted products.

RESOLVED that:

17.1    The Council’s policy and procedures on RIPA be approved, as appended to this report, and the document be kept under review and updated by the Monitoring Officer as and when necessary; and

17.2    The oversight role of the Monitoring Officer and the Audit Advisory Committee be noted.