Issue - meetings

To consider and comment on the proposed new Regulation of Investigatory Powers Act 2000 (RIPA) Policy for Somerset Council.

The Committee resolved the following:

·       To approve recommendations 1,2 and 3.

·       Not to approve recommendation 4 – to recommend to Executive Committee to re-adopt the RIPA Policy for Somerset Council - and made recommendations on various amendments and updates to the Policy.

·       To approve recommendation 5 but with the addition to include that the Scrutiny Corporate & Resources Committee review the policy annually, prior to the Executive annual review.

The Principal Lawyer, Lesley Dolan, gave a report which stated that the Regulation of Investigatory Powers Act 2000 (RIPA) governs the acquisition of communications data and the use of covert surveillance by local authorities. They are subject to periodic inspections by the Investigatory Powers Commissioner’s Office (IPCO) who provide independent oversight on the use of investigatory powers, as outlined in the Regulation of Investigatory Powers Act 2000.

The report continued that by conducting robust, evidence-based inspections of the use of investigatory powers, the Inspectorate ensures that those public bodies authorised to use investigatory powers are doing so lawfully and in line with best practice. Somerset Council received an in-person inspection by one of the IPCO inspectors on the 03/04/2024 and subsequently online on the 10/05/2024. As a result of the inspections, the report included recommendations from the IPCO Inspector and highlighted the necessary changes to the Council’s existing RIPA Policy.

It was noted that the in the stats provided for the IPCO it showed that the County Council had not used the powers, nor had the Somerset Council since vesting day.

Members of the Committee discussed the presentation and noted that some of the information contained within it was a little out of date. Further comments and suggestions were made to improve the report which the Principal Lawyer noted and agreed to consider.

The Recommendations within the report were as follows:

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 the Executive 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. Note that the Council’s Policy at recommendation 4 above will be reviewed annually by the Executive.

RESOLVED

Recommendations 1, 2 and 3 were approved.

Recommendation 4 - The Committee requested that Officers incorporate the feedback provided as part of the report going forward, including potentially tightening of some of the language before it is approved.

Recommendation 5 was approved but the Committee also recommended that the Scrutiny Corporate & Resources Committee review the policy annually, prior to the Executive annual review.