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; and requests Cabinet approve the changes to the attached 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 was considered by the committee at its meeting on the 21 March 2023.

(3)    To note the oversight role of the Monitoring Officer (MO) and regular reviews being undertaken by the MO and senior management.

Councillor Mili Patel (Deputy Leader & Cabinet Member for Finance, Resources & Reform) introduced the report, which informed Cabinet of the Council’s use and conduct of surveillance techniques in accordance with the Regulation of Investigatory Powers Act (RIPA) 2000 and sought approval to changes within the Council’s RIPA policy.

In considering the report, members noted the decline in use of RIPA over recent years, with zero RIPA Directed Surveillance or Covert Human Intelligence Source (CHIS) authorisations in Brent during 2022-23 and two request for Communications Data, as detailed within section 3 of the report.  Members were advised that the predominant use of RIPA was now focussed around the enforcement of trading standards controls and in the context of serious fraud investigations.  Members were advised that the Council’s RIPA policies, procedures and practice were subject to periodic inspection by the Investigatory Powers Commissioner’s Office (IPCO), with the last inspection undertaken in March 2020.  No recommendations had been identified as a result of the inspection with the next review due around 2023-24.

In terms of the changes proposed to the Council’s RIPA policy, members were advised these related to the need to incorporate powers introduced within Sections 37 to 44 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA), which had come into force in November 2022 and provided additional power to extract (communications) data held on electronic devices as well as the need to reflect changes in officer titles as a result of the Council’s recent senior management restructure.

Having considered the report and welcomed the outcome of the last inspection, 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 was considered by the committee at its meeting on the 21 March 2023.

(3)      To note the oversight role of the Monitoring Officer (MO) and regular reviews being undertaken by the MO and senior management.