2.10pm

Report by the Monitoring Officer.

The Regulation of Investigatory Powers Act 2000 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 under the Act require that elected members review the Authority’s use of activities within the scope of the Act periodically and review the Authority’s policy annually. This paper provides a summary of the activities undertaken by Oxfordshire County Council that fall within the scope of this Act for the period from April 2018 to August 2019.

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

b)                 Note the 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.

The report was introduced by Kate Davies, who gave apologies from Richard Webb, Assistant Director Regulatory Services.  She summarised the work covered in the report regarding covert surveillance which is regulated by the Regulation of Investigatory Powers Act (RIPA). This typically involves sending volunteers to buy illegal items or under-age volunteers to buy age-restricted items.  More recently this has included Facebook sales.

Officers responded to Members’ questions as follows:

·         It must be demonstrated to a judge that the operation is proportionate, necessary and does not infringe anyone’s rights.

·         While tobacco consumption may be decreasing overall there are pockets where it is still high giving rise to health inequality issues.

·         A study was conducted in 2017 which will be repeated to see if any trends can be identified.

·         Officers can act without authorisation if a speedy response is required but most operations are well planned.

·         Customers may not be aware they are buying counterfeit cigarettes but if packs are smuggled then there is often writing in a foreign language and the purchaser would know that they are illegal.

·         Volunteers are not paid.  Sometimes they are advised to purchase an extra item to make the transaction appear more normal and they might be allowed to keep the extra item.

·         There is a national code of practice for using volunteers including those under-18.

·         With regard to vaping there has been no covert surveillance but non-compliant materials have been seized.

·         If a phone has been seized permission is needed if officers want to identify numbers stored or called.

·         The relationship with HM Revenue and Customs is better than it has ever been.  There was a joint operation recently in which a car was seized.  They could be better at sharing information but this is an issue nationally.  Local police provide support on overt operations too.

·         Licencing is the responsibility of the city and district councils but Trading Standards can call for a review and did so four times last year.

·         Social media companies can be contacted about illegal activity but the response if often too slow.

RESOLVED to:

a)               Consider and note the use of activities within the scope of the Regulation of Investigatory Powers Act by the Council, and

b)              Note the 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.