Issue - meetings

4.00

Report by the Monitoring Officer

The Regulation of Investigatory Powers Act 2000 ('the Act') regulates the use of covert activities by Local Authorities. It creates the statutory framework by which covert surveillance activities may be lawfully undertaken. Special authorisation arrangements need to be put in place whenever a Local Authority considers commencing covert surveillance or considers obtaining information by the use of informants or officers acting in an undercover capacity.

Codes of Practice issued under the Act provide guidance to authorities on the use of the Act. The Code of Practice relating to covert surveillance specifies that elected members should review the authority's use of the Act and set the policy at least once a year. They should also consider internal reports on the use of the Act periodically.

This paper provides an overview of the use of activities falling within the scope of the Regulation of Investigatory Powers Act 2000 by Oxfordshire County Council in the period from April 2017 to March 2018. The report also provides an overview of the authority's Policy and the full policy is provided as an annex for committee members to review.

The Committee is RECOMMENDED to:

(a)                   Consider and note the use of activities within the scope of the Regulation of Investigatory Powers Act by the Council and actions taken to address the outcome of the Office of Surveillance Commissioners report, and

(b)                   Note the revised Policy document at Annex 1 and to comment on any changes to the Policy for Compliance with the Regulation of Investigatory Powers Act 2000 that the committee would wish the Monitoring Officer to consider.

Recommendations agreed.

Richard Webb introduced the report.  All three authorised surveillance operations related to the sale of illegal tobacco.  There was one potential breach when an officer undertook surveillance without appropriate authorisation in a social care case.  This was reported to the Commissioner’s Office and managers were reminded of the RIPA requirements.

Officers responded to Members’ questions as follows:

·         When breaches of tobacco licenses are discovered the usual sanction is a licence review with more conditions imposed.

·         When successes are achieved, such as the seizure of over 30,000 illegal cigarettes in the last few months, the Council issues press releases and tried to get as much publicity as possible.

RESOLVED to:

(a)             Consider and note the use of activities within the scope of the Regulation of Investigatory Powers Act by the Council and actions taken to address the outcome of the Office of Surveillance Commissioners report, and

(b)             Note the revised Policy document at Annex 1 and to comment on any changes to the Policy for Compliance with the Regulation of Investigatory Powers Act 2000 that the committee would wish the Monitoring Officer to consider.