Issue - meetings

Somerset Council Regulation of Investigatory Powers Act

Meeting: 02/09/2024 - Executive (Item 26)

26 Somerset Council Regulation of Investigatory Powers Act pdf icon PDF 137 KB

Additional documents:

Decision:

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

1.    Note the contents of this report.

2.    Note the outcome of the recent Inspection by the Investigatory Powers Commission.

3.    Note the use of the Authorities’ powers under RIPA for the period of 3 years prior to the formation of the unitary Council, for the period 2023/24 and thereafter that the use of the powers be reported to the Executive on an annual basis.

4.    Recommend to Full Council that the former County Council’s Covert Surveillance (RIPA) Policy attached to this Report be re-adopted as amended, as the RIPA Policy for Somerset Council.

5.    Agree and note that the Council’s Policy at recommendation 4 above will be reviewed annually by the Scrutiny Committee – Corporate and Resources and Executive Committee.

 

Minutes:

The Leader of the Council, Cllr Bill Revans, introduced the report. Cllr Revans explained the legislative context and proceeded to invite Lesley Dolan, Principal Lawyer and Deputy Monitoring Officer, to speak.

 

Lesley Dolan explained that the five predecessor authorities have not used the powers granted by the Regulation of Investigatory Powers Act in the previous five years, and the legal limitations the Act places on covert surveillance.

 

The Leader of the Council, Cllr Bill Revans, invited comments from Committee Members and other Members present. Questions and points raised included: whether there had been any unsuccessful applications to use covert surveillance; the reasoning behind the legislation; whether it applies to general town centre CCTV; the practical applications of covert surveillance; the need for annual review of the policy.

 

There was a drafting amendment to include that the policy would be reviewed by Scrutiny Committee – Corporate and Resources.

 

The Leader of the Council concluded the discussion and proceeded to a vote on the recommendations, which were agreed unanimously.

 

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

1.    Note the contents of this report.

2.    Note the outcome of the recent Inspection by the Investigatory Powers Commission.

3.    Note the use of the Authorities’ powers under RIPA for the period of 3 years prior to the formation of the unitary Council, for the period 2023/24 and thereafter that the use of the powers be reported to the Executive on an annual basis.

4.    Recommend to Full Council that the former County Council’s Covert Surveillance (RIPA) Policy attached to this Report be re-adopted as amended, as the RIPA Policy for Somerset Council.

5.    Agree and note that the Council’s Policy at recommendation 4 above will be reviewed annually by the Scrutiny Committee – Corporate and Resources and Executive Committee.