Decision details

Regulation of Investigatory Powers Act 2000 (RIPA)

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

To approve the Policy on Directed Surveillance and use of Covert Human Intelligence Sources.

Decision:

That the Policy on Directed Surveillance and use of Covert Human Intelligence Sources, at Annex A to the associated report, be approved..

Reasons for the decision:

The Council’s Policy ensures compliance with Regulation of Investigatory Powers Act 2000 and the Human Rights Act 2000.

 

The statutory Code of Practice issued by the Home Office states elected members should set the Policy once a year.

 

In March 2011 the Council was subject to an inspection from the Office of Surveillance Commissioners. The report states “Formal ratification of the revised Policy by the Council has been deferred pending my inspection, but can now proceed”. The report described the Council’s policy as “clear, accurate and practical” and that there was a sound RIPA structure is in place. It also described the Council’s use of RIPA as moderate.

Alternative options considered:

None. The Council should have a Policy which is up to date, reflects the Code of Practice and recent case law about the appropriate use of RIPA.

Interests and Nature of Interests Declared:

None.

Wards Affected: (All Wards);

Financial Impact: None

Declarations: None.

Subject to Urgent Proceedings: No.

Making Representations: Alex Jack

Other reasons / organisations consulted

Meetings.

Consultees

Overview and Scrutiny Working Group.

Contact: Alex Jack, Borough Solicitor, Corporate Services Email: alex.jack@bracknell-forest.gov.uk Tel: 01344 355679.

Report author: Alex Jack

Publication date: 15/11/2011

Date of decision: 15/11/2011

Decided at meeting: 15/11/2011 - Executive

Effective from: 24/11/2011

Accompanying Documents: