Issue - meetings

A new BCP RIPA Policy was introduced in April 2021.

RIPA training has been provided to assist with compliance with legislation and the BCP RIPA Policy.

BCP Council is in the process of drafting an Investigatory Powers Act 2016 (IPA) Policy for communications data acquisition and this will be presented to Audit & Governance Committee for approval in due course.

An inspection by the Investigatory Powers Commissioner’s Office (IPCO) on the use of investigatory powers has recently been carried out and the outcome will be brought back to this committee.

The Council has not made use of RIPA powers during the 2020/21 financial year.

The Head of Audit and Management Assurance presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'E' to these Minutes in the Minute Book.

The Committee was reminded that new BCP RIPA Policy was introduced in April 2021. RIPA training had been provided to assist with compliance with legislation and the Policy.

Members were informed that the Council was in the process of drafting an Investigatory Powers Act 2016 (IPA) Policy for communications data acquisition and which would be presented to the Committee for approval in due course.

The Head of Audit and Management Assurance reported on a telephone-based inspection by the Investigatory Powers Commissioner’s Office (IPCO) on the use of investigatory powers which had recently been carried out.  He outlined the outcome from the inspection and that the Investigatory Powers Commissioner, Sir Brian Leveson had written to the Chief Executive on 13 July 2021 stating that the work done by officers represented “good progress and places BCP Council in a strong position, should the opportunity for covert surveillance present itself”. The letter also contained four helpful observations from the Inspector as to how the Council could further improve policies and procedures, which officers would implement during the coming months.

The Committee was informed that the Council had not made use of RIPA powers during the 2020/21 financial year.

Members raised a number of questions which included when the powers were used, if responsibilities were justified and if the policy was preventing the Council from enforcing when appropriate.  The Head of Audit and Management Assurance reported that the training undertaken as referenced in the report had put the Council in a good position and officers understood when RIPA was needed, and indeed where it was not.  He highlighted the need to protect human rights and that the use of the RIPA powers was a last resort with officers being clear about the boundaries.  A Councillor referred to the potential impact on consumer protection.  The Head of Audit and Management reported that he would ask the Director of Communities to provide a response for circulation to all members of the Committee.  A Councillor asked if Officers were satisfied that the process was transparent and that there were appropriate safeguards in place. The Head of Audit and Management Assurance referred to the training received in June which had emphasised those factors and officers were clear on the constraints, and the ‘tests’ that should be applied in approving RIPA authorisation. 

RESOLVED that Audit & Governance Committee note that the Council has not made use of powers under the Regulation of Investigatory Powers Act during the 2020/21 financial year.

Voting: Unanimous