Regulation Of Investigatory Powers Act 2000 (RIPA) - Democracy ...

Meeting: Cabinet Date: 12 September 2012Subject:Report Of:Wards Affected:Regulation Of Investigatory Powers Act 2000 (RIPA) – QuarterlyReportCabinet Member for Performance And ResourcesAllKey Decision: No Budget/Policy Framework: NoContact Officer:Appendices:Sue Mullins, Group Manager Legal and Democratic ServicesEmail: sue.mullins@gloucester.gov.uk Tel: 39-6110NoneFOR GENERAL RELEASE1.0 Purpose of Report1.1 To report to Cabinet on the Council’s use of its powers under the Regulation ofInvestigatory Powers Act 2000 (RIPA) as required by the Council’s RIPA procedure,to update Cabinet on matters relating to RIPA since the last report and to informCabinet about future changes to the Council’s RIPA powers.2.0 Recommendations2.1 Cabinet is asked to RESOLVE that the contents of the report be noted.3.0 Background and Key Issues3.1 The Regulation of Investigatory Powers Act 2000 (RIPA) came into force in 2000.Both the legislation and Home Office Codes of Practice strictly prescribe thesituations in which and the conditions under which councils can use their RIPApowers. All authorities are required to have a RIPA policy and procedure that theyadhere to in using their RIPA powers.3.2 The Council reviewed and updated its RIPA policy and procedure on 24 November2011. The revised procedure requires the use of RIPA powers to be reported toCabinet on a quarterly basis.3.3 Since the last report to Cabinet on 15 February 2012, the Council has not used itsRIPA powers to carry out any surveillance.3.4 Although the Council has not used its RIPA powers since last year, activity aroundRIPA has continued. A training session for RIPA Authorising Officers and officersrequesting authorisation to carry out surveillance was held on 27 June 2012, settingout when the Council can use its RIPA powers and the procedure for seekingauthorisation. A further, more detailed training session is planned for 26 September1

2012, which will cover changes in the RIPA process due to come into force later thisyear as well as the procedure to be followed.3.5 The Council has also had its triennial visit by the Office of SurveillanceCommissioners (OSC) to look at the Council’s use of its RIPA powers. The visit wascarried out by HH Dr Colin Kolbert on 27 June 2012. Dr Kolbert looked at theCouncil’s policy and procedure, the RIPA forms completed since the last inspectionin 2009 and the RIPA training records. Overall, he indicated that he was satisfiedwith the Council’s RIPA arrangements and made several suggestions as to how theCouncil’s policy and procedures could be improved. The letter formally confirmingthe OSC’s recommendations is awaited and will be reported to Cabinet in duecourse. It is anticipated that recommendations will be made regarding minorchanges to the Council’s policy and procedure and it is therefore suggested that thereview of the Council’s RIPA policy and procedure due to be reported to Cabinet inSeptember 2012 is carried out after receipt of the OSC’s formal response.3.6 There is also a need to take account of changes to the Council’s RIPA surveillancepowers due to come into force on 1 November 2012. The Regulation ofInvestigatory Powers (Directed Surveillance and Covert Human IntelligenceSources (Amendment) Order 2012 amends the current position where localauthorities demonstrate the necessity of using surveillance for reasons relating tothe prevention and detection of crime or disorder. From 1 November 2012, theCouncil will only be able to meet the necessity test for use of its RIPA powers wherethe offence under investigation carries a maximum term of imprisonment of at least6 months, whether at Magistrates or Crown Court, or would constitute one of theoffences below:(i) section 146 of the Licensing Act 2003(2) (sale of alcohol to children);(ii) section 147 of the Licensing Act 2003 (allowing the sale of alcohol to children);(iii) section 147A of the Licensing Act 2003(3) (persistently selling alcohol tochildren);(iv) section 7 of the Children and Young Persons Act 1933(4) (sale of tobacco, etc.to persons under eighteen)”.3.7 This will reduce the scope for the Council to make use of its RIPA powers as manyof the types of offences that can be investigated and prosecuted by the Council donot carry the necessary maximum term of imprisonment. The training session dueto take place in September will explore the types of offences for which RIPA powerswill be available to the Council to ensure that Officers are aware of when RIPAsurveillance can be used during investigation of a potential offence.3.8 The Home Office review of Counter-Terrorism and Security Powers in 2010 resultedin the Protection of Freedoms Act which received Royal Assent on 1 May 2012.Section 32 of the Act amends the RIPA legislation to require Magistrates’ approvalfor Directed surveillance and Covert Human Intelligence Source (CHIS) surveillancebefore an authorisation made by a local authority can come into effect. Themagistrate will be required to consider whether it was, and continues to be,reasonable for the local authority to believe that the use of the covert technique inquestion is necessary and proportionate. A magistrate is able to exercise his or herown discretion and judgement when deciding whether to approve the authorisation.This provision has not yet been brought into force and changes to the Council’s2

policy and procedure will be required as and when this particular provision takeseffect.4.0 Alternative Options Considered4.1 There are no alternative options relevant to this matter.5.0 Reasons for Recommendations5.1 At this stage, however, no action is required and the recommendation is thereforefor Cabinet to note work to date and future action required.6.0 Future Work and Conclusions6.1 Changes to the Council’s RIPA policy and procedure will be required later this year,following the outcome of the OSC inspection and the forthcoming changes to theCouncil’s RIPA powers. Training of officers is planned for September to ensure thatenforcing and authorising Officers are aware of the changes to the Council’s RIPApowers and procedures.7.0 Financial Implications7.1 There are no financial implications arising out of this report.8.0 Legal Implications8.1 The legal implications are set out in the main body of the report.9.0 Risk & Opportunity Management Implications9.1 Updating the Council’s policy and procedure and ensuring that officers are trained inuse of RIPA powers will ensure that the risk of the Council acting ultra vires isminimised.10.0 People Impact Assessment (PIA):10.1 The impact of the changes to the RIPA legislation will have been considered by theGovernment during the drafting of the legislation. The RIPA legislation requires theCouncil to give substantial consideration to the people impact of using its RIPApowers each and every time a RIPA application is authorised.10.2 The PIA Screening Stage was completed and did not identify any potential or actualnegative impact, therefore a full PIA was not required.11.0 Other Corporate ImplicationsCommunity Safety11.1 The use of RIPA powers by the Council can contribute to ensuring communitysafety.3

Sustainability11.2 There are no sustainability implications arising out of this report.Staffing & Trade Union11.3 There are no staffing implications arising out of this report.Background Documents:NoneCabinet report – 15 February 2012Regulation of Investigatory Powers Act 2000Protection of Freedoms Act 2012Gloucester City Council Regulation of Investigatory Powers Act 2000 Procedural Guide4