Agenda item

This report explains the Council’s use and conduct of surveillance techniques in accordance with the Regulation of Investigatory Powers Act (RIPA) 2000; and complies with its annual reviewing obligations as set out in Brent Council’s RIPA policy and procedures.

Biancia Robinson, Senior Constitutional & Governance Lawyer introduced a report that detailed the Council’s use and conduct of surveillance techniques in accordance with the Regulation of Investigatory Powers Act (RIPA) 2000 in compliance with the annual review obligations set out in Brent Council’s RIPA policy and procedures.

In considering the report the Committee noted:

·                 The Regulation of Investigatory Powers Act 2000 (RIPA) gave the Council significant powers in order to investigate serious matters and offences, enabling the Council to use covert surveillance, covert human intelligence sources (CHIS) and to acquire service user or subscriber information in relation to communications data.

·                 The Council was periodically inspected by the Investigatory Powers Commissioner’s Office (IPCO). Brent’s last inspection was in March 2020 and members were advised that no concerns or recommendations had been identified as a result of the inspection, with Brent due another inspection around 2023/24.

·                 In November 2022 further changes were made to RIPA powers when Sections 37-44 of the Police, Crime Sentencing and Courts Act (PCSA) 2022 came into force with a further power to extract (Communications) Data. Consequently Section 7 of the RIPA Policy and Procedures had been amended to reflect the PCSA changes (as seen in Appendix A of the report).  Further amendments had also been required to reflect changes in officer titles as a result of the Council’s recent senior management restructure.

·                 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 on the enforcement of trading standards controls and in the context of serious fraud investigations.

The Committee was then invited to raise questions on the report, which are summarised below:

·             The Committee queried how Brent faired comparatively against other boroughs in terms of the use of RIPA powers.  In response, the Committee were advised that the decline in use of RIPA powers was consistent across most local authorities with its use therefore comparatively equal amongst other local authorities.

·             In response to a Committee query regarding the thresholds to decide on making an application to use RIPA, it was confirmed that thresholds were high (hence the low number of RIPA authorisations sought). Significant prior intelligence was needed to successfully support an application to the magistrates to use RIPA.

·             Officers advised that RIPA only referred to covert surveillance, the deployment of mobile CCTV would not be considered under RIPA.

As there were no further comments raised the Chair thanked Biancia Robinson for the update and the Committee RESOLVED

(1)    To note the contents of the reports.

(2)    To note the changes to the RIPA policies in relation to further powers to extract data from a mobile device, pursuant to Police Crime Sentencing and Courts 2022.

(3)    To note that the updated policies and procedures on RIPA were due to be approved by Cabinet on 17 April 2023.