Agenda item

Members considered the Regulation of Investigatory Powers Act 2000 (RIPA) Update, which is considered by the Committee on a six monthly basis. The Council occasionally has a need to utilise covert methods in the investigation of matters in relation to certain crimes, and in these cases, RIPA provided the mechanism to do so through either the use of surveillance or undercover officers and informants.

The Committee noted that the Council has had one RIPA directed application since the last update, and information on this, as well as updates on previous applications were attached at Appendix 3 to the report.

Members were also informed that as a result of revised codes of practice issued by the Home Office, it had been deemed appropriate that the Council amended its RIPA Policy and related documents, thus ensuring that the arrangements in place were fit for purpose and complied with the law. In addition to this, in light of the notification that there would be an inspection from the Investigatory Powers Commissioners Office in March, it had been considered important that the review and update was done prior to the inspection in order to stand them in good stead. Officers informed the Committee that they had not been provided with a date for this inspection yet, but once more information was known, an update would be given.

Following the update given to Members, the Chair afforded the Committee to ask any questions of the Officers in attendance.

Concerns were voiced regarding the increasing number of illicit tobacco sales in establishments across Doncaster, and queries were voiced if  the Council was under increased pressure. However, Members were assured that the use of RIPA by Trading Standards officers had proven to be effective in addressing the problems.

At the Chairs discretion, the Civic Mayor, Councillor Majid Khan, also voiced his concerns regarding the issues surrounding illicit tobacco sales, and questioned what limitations there were in terms of using this evidence in prosecutions. Officers assured the Committee that they had robust procedures in place, which if followed correctly resulted in the provision of evidence that was admissible in Court. If this was not done correctly, then there would be work done on ensuring that adequate training provision was put in place, but there was no reason to dispute that this was the case.

            RESOLVED that

1)    The Audit Committee note there had been one RIPA directed application authorised since the last report to the Audit Committee on 21 June, 2018, which was detailed at Appendix 3 to the report;

2)    The revised RIPA Policy and Procedure , attached at Appendix 1, and the Council’s Non RIPA Procedure, attached at Appendix 2 to the report, which have been amended in compliance with the Home Office Codes of Practice be approved by the Committee;

3)    Training be provided to relevant Officers in light of the amendments to the Home Office Codes of Practice; and

4)    Trading Standards provide a briefing to the Committee at a future meeting with regard to the work undertaken by them once a RIPA directed application has been authorised.