| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| MATTERS FOR RECOMMENDATION TO THE COUNCIL | ||
| SC 11/003 |
Use of Surveillance Powers |
Consideration was given to the report of the Central Services Director reviewing the use of the Council's powers under the Regulation of Investigatory Powers Act 2000 (RIPA) which introduced the statutory framework for those carrying out surveillance as part of an investigation. It was noted that as a matter of policy the Council sought to carry out enforcement activity by overt means with covert activity being undertaken as a last resort and only for the purpose of preventing or detecting crime or preventing disorder. Members were advised that the Council had granted very few authorisations for directed surveillance (all in relation to benefit fraud investigations) and that all authorisations had to be personally approved by the Chief Executive. No authorisations had been granted for the use of a Covert Human Intelligence Source (CHIS). The Committee received a copy of the Corporate Surveillance guidance which had been reviewed to take into account any comments made by the Office of the Surveillance Commissioners (OSC) during their most recent visit. A copy of the inspection report appeared in the private part of the agenda since it contained exempt information. Members were pleased to note that the report had been very complimentary about the manner in which Tonbridge and Malling Borough Council approached its powers under RIPA. The Surveillance Inspector had praised the rigorous approach adopted by the Council towards authorisation of surveillance activities, in particular the informed and conscientious approach of the Chief Executive. Details were given of action taken in response to the four recommendations in the OSC's report, all of which related to minor procedural matters. Reference was made to the Coalition Government's intention to ban the use of RIPA powers by local authorities unless signed off by a magistrate and for stopping serious crime. Such measures would be contained within the forthcoming Freedom Bill details of which would be reported to Members in due course. The Committee expressed concern about the incorrect factual information contained in recent local press coverage of the matter which, it was feared, could mislead the public. Officers were requested to provide all Members with a written response to the inaccuracies in the press article and to consider the most appropriate means of conveying the correct information to the public. RECOMMENDED: That (1) the conclusions contained in the report be endorsed; (2) the revised guidance set out at Annex 1 to the report be approved; and (3) a note be supplied to all Members of the Council responding to the issues contained in the press article and consideration be given to the most appropriate public response to be made (via 'Here and Now' or the website) in the light of any on-going reaction to the press coverage. *Referred to Council |