Agenda item

Further to the above Minute, the Committee considered a report which provided an update of RIPA applications completed since April, 2015 and the outcome of such matters.  The report also set out the action plan following the inspection carried out by the Assistant Surveillance Commissioner H. H. Norman Jones QC on 19 January, 2016.

It was reported that although there was nothing to add to the report, members were advised that a new authorisation process highlighted at Appendix 3 was now operating. It was also noted that an external trainer was providing officers with training on Trading Standards issues.

Members expressed disappointment in relation to the recommendations made by the Commissioner. It was reported that there was conflict with the magistrates as when the applications go to court they were not challenged.

With regard to training, it was asked whether the training being provided was to supplement the e-training which can be accessed via the intranet/website. It was advised that the training being provided was geared towards those staff that carry out surveillance, the e-learning training was more general.

A query was made seeking clarity on whether the use of the procedure was worthwhile and providing value for money. It was advised that there were many forms of enforcement that can be used, covert surveillance was just one of those tools. It was suggested that to not have the procedure at the Councils disposal would limit opportunities to prevent illegal activities. It was suggested that for future reports more detail be added in relation to the number of premises visited as it stood didn’t provide Members with the true picture.

It was stated that in past years other methods of obtaining intelligence had been used and through better training, other ways of getting information have been devised. Members were advised that the forms completed state why no other options were available other than covert surveillance. It was suggested that Members of the Committee carry out a visit to the Trading Standards office which had proved useful in the past.

Further discussion took place with regard to the inspection report from the Commissioner. Members’ expressed disappointment to not having an overall conclusion from the inspection. It was also suggested that refresher training be provided every 12 months.

With regard to the Policy, it was asked what changes had been made so far. It was reported that with regard to the covert surveillance forms, these are checked by Helen Potts, Principal Legal Officer and a copy is kept for the central records, the form would then go to the Magistrate for decision. With regard to refresher training, this would be altered to every 12 months and further changes to the procedure were highlighted within the Action Plan at Appendix 2 of the report. It was also advised that all changes would also be made available via the Councils Intranet/Website.

It was asked how much notice was given to the Council prior to the Inspector’s arrival. Members were advised that a period of 6 weeks would be given. It was suggested that Members be advised of future inspection prior to their arrival.

RESOLVED

(1)       that the inspection report at Appendix 1 and the Council’s action plan at Appendix 2, (the inspection was carried out by the Surveillance Commissioner HH Norman Jones QC on 5th January 2016), be noted;

(2)       to note the 6 RIPA applications that have been completed in the year from April 2015 and the update of the outcome of these matters shown at Appendix 3.   Five matters have been authorised since the last report on RIPA was brought to the Audit Committee in September 2015 and two of these have been concluded, the details of the outcome of these are only briefly mentioned to avoid prejudicing the on-going cases. No RIPA applications have been refused by the Magistrates during the period to which this report relates;

(3)       the Council’s RIPA procedure is reviewed as part of the yearly report and this has been amended in response to the inspection which is detailed in the action plan at Appendix 2. The current amended procedure is attached at Appendix 4.