The Regulation of Investigatory Powers Act 2000 Implications for the Councils

Aspects of work that might merit surveillance ……  Fly tipping.  Illegal Money lenders – Loan Sharks  Fraud - Housing benefit, sub-letting, internal fraud, student loan audit, council tax, disability.  Food safety issues  Doorstep Crime  Anti Social Behaviour Offences

RIPA and local authorities  Regulates the use of covert investigatory powers by Public Authorities  Ensures that those covert activities are compatible with Human Rights  Introduces Accountability

Justifying Local Authority use of covert techniques  There are no RIPA powers  RIPA simply provides a framework to govern our use of covert techniques to enforce existing consumer/public protection legislation  RIPA has improved control and oversight of these techniques and local authorities “performance” is improving  RIPA makes local authorities accountable and open to challenge – and that is a good thing

Terrorism laws used to spy on us ??  Watched while walking the dog?  Phone spies: Town halls using anti-terror powers to bug residents' calls and s  Some councils are allowing middle-ranking staff to authorise covert operations  The whole of Britain has become a Panopticon.

The dog fouling debate  “ we do not consider dog fouling or littering as matters which meet the test of necessity and proportionality” Sir Simon Milton  “Dog excrement carries a parasite which can cause blindness in children. On this basis I suspect that a reasonable, well informed, member of the public would approve of covert surveillance necessary to reduce dog fouling in children’s playgrounds...” Sir Christopher Rose  “Dog fouling is at the top of resident’s list in terms of issues they want the council to be tackling on the ground, so I know the public are only too pleased to see us catching people," Jim Corey, Ch Exec, Wyre Council

Who is really watching you?  “Let's not get hysterical. There are far graver threats to our liberties than the man from the town hall” The Guardian

RIPA Key messages  Necessary  Proportionate  Collateral Intrusion  RIPA is a complex and difficult piece of legislation. “ Lord Justice Mummery 2006”

Section 27 RIPA – key messages  An authorisation issued by an Authorising Officer under the Act will provide the lawful authority for a public authority to carry out surveillance.  Officers can only act in accordance with the terms set out in the authorisation  The Authorising Officer thus performs a quasi judicial role  The Authorising Officer is accountable for his actions if things go wrong

The role of elected members  Provide a point of challenge  Ask questions  Ask for reports  Look for outcomes

Dave Holland, Cardiff Council,