Issue - meetings

ES18071

The report on the Regulation of Investigatory Powers Act Authorisations was presented to the Committee by the Head of Trading Standards and Community Safety.

The report was written to ensure the Committee was kept up to date on RIPA applications being undertaken on behalf of the Council. It was a requirement that the Council regularly reviewed and updated their RIPA policy and processes in line with Home Office Codes of Practice, legislation and guidance.

The Committee was being asked to note the report.

Mr Vale explained that there was a statutory duty to provide regular updates with respect to RIPA, so that it could be seen that the Council were using their investigative powers correctly. It was noted that the primary objective of RIPA was to ensure that covert investigations protected the rights of individuals, and also protected Council officers from legal challenge.

The Committee heard that before RIPA could be used, a serious crime threshold would need to be applied. This would align to offenses that would carry a maximum  prison sentence of six months or more, or that related to underage sales of tobacco or alcohol. Enforcement powers had to be used in accordance with Article 8 of the Human Rights Act 1998 and the Protection of Freedoms Act 2012.

The Committee was informed that a new code of practice had been issued by the Home Office on 15^th August 2018. The Council’s policy was under review so that it could be aligned with Home Office guidance, and a report on this would come back to the Committee next year.

A Member asked for a definition of fly-tipping. The Assistant Director for Public Protection and Enforcement clarified that this would equate to approximately 3-4 large black bags of rubbish. 

RESOLVED that the report be noted and that an update report relating to RIPA policy be brought back to the Committee in 2019.