Issue - meetings

Report of the Cabinet Member Corporate Services

RESOLVED THAT

1. the changes to the RIPA process made by the Protection of Freedoms Act 2012 be welcomed;
2. the revised RIPA Policy Guidelines be approved; and
3. the designation of the nominated Executive Director as the Council’s Senior Responsible Officer for the purposes of RIPA be approved.

The Cabinet Member Corporate Services introduced the report which updated Cabinet on the new Regulation Investigatory Powers Act (RIPA) and codes of practice; summarised the new duties and responsibilities this legislation placed on local authorities, officers and members and recommended amendments to the procedural guide to meet these.

He highlighted that the Council’s power to undertake direct surveillance was limited to offences that have a custodial sentence of 6 months. These concerned criminal offences punishable by a term of at least six months imprisonment or criminal offences relating to the under-age sale of alcohol or tobacco. He stated that local authorities were now required to obtain judicial approval from the Magistrates Court before they can use their existing RIPA powers. The central record of authorisations would be held and maintained by the Corporate Governance Risk and Compliance Officer.

In response to a question on the number of cases of suspected fraud the Cabinet reported that in the last 12 months there had been 56 cautions, 23 prosecutions and 18 administrative penalties.

Members welcomed the changes and said that the requirement to obtain judicial approval from the Magistrates Court would provide the public with reassurance.

RESOLVED THAT

1. the changes to the RIPA process made by the Protection of Freedoms Act 2012 be welcomed;
2. the revised RIPA Policy Guidelines be approved; and
3. the designation of the nominated Executive Director as the Council’s Senior Responsible Officer for the purposes of RIPA be approved.