Issue - meetings

Report of the Monitoring Officer

The Monitoring Officer presented the Review of Regulation of Investigatory Powers Act policy and explained the Investigatory Powers Commissioners Office (IPCO) requires that Councillors are updated annually on the Council’s use of powers under the Regulation of Investigatory Powers Act (RIPA) to ensure compliance with the regulations.

The Monitoring Officer advised the Group that the Council does not actively make use of its RIPA powers as a rule, but it is important that Councillors are aware of RIPA, the policy and its usage.

The Group were informed that an inspection was undertaken in August 2023 and following this inspection several changes to the policy have been made and were attached as at Appendix 1 of the report.

Members asked whether these powers could be used to combat graffiti and antisocial behaviour in parks and around village halls or to help prevent fly-tipping. The Monitoring Officer explained RIPA is more of a covert power and the Council would need to apply for approval through a Magistrates court. If the Council were to consider CCTV approval would not be required under the RIPA Act.

Members asked specific questions relating to officer training and which officers would be required to undertake the training and whether this was something Members should be made aware of and have there been instances in other local authorities where covert exercises have been used. The Monitoring Officer advised that RIPA is more likely to be used within the capacity of Environmental Health or Licensing officers and that she was not aware of any instances in neighbouring authorities.

It was RESOLVED that Governance Scrutiny Group:

a)    Considered the information provided regarding the Council’s use of RIPA powers

b)    Endorsed the updates to the Council’s RIPA policy in line with the IPCO Inspection recommendations.