Agenda item

Corporate governance, risk and compliance officer

The Corporate governance, risk and compliance officer explained that the policy requires an update to be provided in the course of a year, though as shown in the report, these powers had not been enforced for some four years, having used other means by which to deal with issues.  In light of legislative changes to the RIPA process, the policy had been amended to summarise the new, more stringent, duties and responsibilities the legislation placed on local authorities.  The changes included the need to for a Magistrate to approve an application before any action is taken.  Members were alerted to an error at 1.9 of the report whereby the Borough Solicitor and Monitoring Officer had been named as the designated Senior Responsible Officer when it should in fact have stated the nominated Executive Director.  If approved by Cabinet on the 16 April, the policy would be highlighted to all staff via the intranet and the Corporate governance, risk and compliance officer, acting as RIPA Co-ordinator would offer an initial challenge to any officer wanting to use these powers as they should only ever be viewed as a last resort. 

The Corporate governance, risk and compliance officer gave the following responses to member questions;

• Relevant staff would require adequate training.  A session had been held some six weeks ago and the invitation had been extended to GO Partners and staff who could be involved in surveillance as it was important that people understood their roles and responsibilities.  Judge Jones had looked at the councils processes two years ago and could well return to assess whether he considered the processes to be adequate.  If the powers were ever used a report would be bought before this committee.
• Most magistrates would follow a set of guidelines in determining what length of sentence to administer and therefore key wording within the policy was ‘maximum expected sentence’.  Legal would contact the Magistrates Court for advice on current sentencing. 
• It was not possible to provide a figure for the number of cases of suspected fraud in a year but there were high risk areas (i.e. Benefits) where RIPA had been used in the past.  The council had however, developed alternative ways of dealing with such cases and large scale fraud of this kind was often led by the Department for Work and Pensions.
• Clerks at Parish Councils did not receive training on RIPA as surveillance was not a power open to Parish Councils.  The Corporate governance, risk and compliance officer could provide a short overview to Parish Councils on this matter.
• Police would be involved at an early stage and the Police were also required to comply with RIPA in order to undertake surveillance.  Many of the alternative routes used by the council would involve the Police at an early stage.
• A large amount of the content of the policy was drawn from the Home Office but the Corporate governance, risk and compliance officer could look at how the policy could include more reference to the Police.  He would need to discuss this with Legal. 
• Relationships with the DWP and Police tended to fit with the more general fraud policies of the council, rather than RIPA.  This was just one policy in a catalogue of policies. 
• The Corporate governance, risk and compliance officer would discuss with legal how to incorporate a reference to how the lead agency/responsible authority is identified.

Members were comfortable that in relation to Licensing offences (under-age sale of alcohol or tobacco) that the council should be the lead authority/responsible authority but felt that in relation to other offences, the Police should assume this role.  Members were eager that their comments on this issue be highlighted in the Cabinet report so that Cabinet were aware of the comments made, prior to approving the policy.

RESOLVED that:

1. The changes to the RIPA process made by the Protection of Freedoms Act 2012 be noted;

2. The revised RIPA guidelines be agreed;

3. The designation of the nominated Executive Director as the Council’s Senior Responsible Officer for the purposes of RIPA be agreed; and

4. Cabinet be recommended to approve the Policy, caveat consideration of the consultation of the Police and a lead agency test.