Agenda item

Helen Potts, Principal Legal Officer, presented the annual update report on the use of the Council’s statutory powers provided under the Regulation of Investigatory Powers Act (RIPA) 2000 for the purposes of detecting and preventing particular crimes.

For several years, Trading Services had utilised this power in the use of covert recordings for test purchases of illicit counterfeit products, such as, alcohol, tobacco, and branded goods, or for underage sales. The recording negated the need for a witness to attend court or provide evidence in the event there was a dispute over the sale.  On such occasions, the RIPA Act 2000 provided a mechanism to make it lawful for public authorities to use direct covert surveillance and covert human intelligence sources, for example, undercover officers and informants. The Council have an established RIPA Policy and procedures in place that govern the Council’s use of such powers. In addition, the Home Office issues statutory codes of practice on the use of RIPA powers that must be complied with, including requiring elected Members to have oversight of the use of RIPA powers and agree the RIPA Policy/Procedures on an annual basis. Only covert surveillance requires authorisation; where techniques are used which are hidden or disguised so that the subject does not know they are being monitored or watched. Overt surveillance does not require RIPA surveillance.

Members were provided with an update regarding the reduction in the number of times RIPA had been used. Since the last report to the Committee in January 2023, there had been no surveillance applications authorised under RIPA.  It was noted that Trading Standards, in conjunction with Public Health partners have undertaken significant work in relation to the proliferation of nicotine inhaling products within the market over the last year and have made significant seizures. However, it was reported that Trading Services have not had to use covert surveillance powers to carry out this work and that other methods were being utilised to access information and carry out the seizure of illicit tobacco, and that the use of RIPA would only be used as a last resort. 

Paragraph 9 of the report set out details of the number of RIPA authorisations each year for the last 7 years.

Due to the low number of covert surveillance authorisations now being made, it was considered appropriate for the Committee in future to receive a yearly report rather than every six months. However, the Committee was advised that if authorisation activity did increase or change, or specific concerns arise, the reporting frequency could be reviewed by the Audit Committee.

Members were further advised that RIPA training had recently been carried out for newly appointed Environmental Officers joining the Council. It was noted that the on-line covert surveillance RIPA training has recently been updated and that Members of the Audit Committee have completed the training. Newly appointed Members of the Audit Committee could access this training via the HR Portal.

In relation to the date of the Investigatory Powers Commissioners Office next inspection, the Principal Legal Officer gave an undertaking to inform the Committee via email of the date of when the next inspection was due and whether a report would be required to be brought to the Committee at an earlier stage.

No changes were proposed to the RIPA Policy and Procedures, noting that minor amendments were made by the Committee in June 2019, in line with the Investigatory Powers Commissioner’s Inspection report.

RESOLVED:-

(1)     to note that the Council has had no surveillance applications authorised under the Regulation of Investigatory Powers Act (RIPA) since the last report to the Audit Committee on 26th January 2023;

(2)     to agree to have yearly reports to the Audit Committee rather than every six months due to the low number of authorisations under the Regulation of Investigatory Powers Act (RIPA); and

(3)     to note that there are no changes proposed to the Council’s RIPA Policy and Procedure.