Agenda Item No. 17 EECUTIVE - 23 MARCH 2017 REGULATION OF INVESTIGATORY POWERS ACT 2000 - ANNUAL MONITORING REPORT Executive Summary This report considers (i) the Council s use of the Regulation of Investigatory Powers Act 2000 ( RIPA ) during the 2016 calendar year and (ii) the Office of Surveillance Commissioners Inspection Report of the Council. Reasons for Decision To comply with the Council s RIPA policy and Home Office Codes of Practice. Recommendations The Executive is requested to: RESOLVE That (i) (ii) the Council s non-use of the Regulation of Investigatory Powers Act 2000 during the 2016 calendar year be noted; and the proposed amendments to the Council s RIPA Policy and Procedures document, which address the recommendations of the Office of Surveillance Commissioners, be noted. The Executive has authority to determine the above recommendations. Background Papers: Sustainability Impact Assessment Equalities Impact Assessment Reporting Person: Peter Bryant, Head of Democratic and Legal Services Ext. 3030, E Mail: Peter.Bryant@woking.gov.uk Contact Person: Peter Bryant, Head of Democratic and Legal Services Ext. 3030, E Mail: Peter.Bryant@woking.gov.uk Portfolio Holder: Cllr John Kingsbury E Mail: cllrjohn.kingsbury@woking.gov.uk 1 EE17-025
Regulation of Investigatory Powers Act 2000 - Annual Monitoring Report Shadow Portfolio Holder: Cllr Will Forster E Mail:cllrwill.forster@woking.gov.uk Date Published: 15 March 2017 2
Regulation of Investigatory Powers Act 2000 - Annual Monitoring Report 1.0 Introduction 1.1 The Regulation of Investigatory Powers Act 2000 ( RIPA ) provides for, and regulates the use of a range of investigative powers by a variety of public authorities. RIPA will impact on the Council s activities on the rare occasions when covert surveillance is undertaken, e.g. as part of investigations undertaken in connection with the Council s environmental health, housing, taxi licensing and audit functions. 2.0 Use of RIPA during the 2016 Calendar Year 2.1 No RIPA authorisations were issued during 2016. 3.0 Office of Surveillance Commissioners Inspection 3.1 The Council is subject to an inspection by the Office of Surveillance Commissioners every three years. Previously, these inspections consisted of an inspection visit by an Assistant Commissioner. However, where there is little or no use of RIPA by a Council, an inspection can be carried out without the need for a personal visit. Instead, the OSC are provided with written information and the Assistant Commissioner raises any queries in a phone conversation with the Council s RIPA Co-ordinating Officer (at Woking, this role is undertaken by the Head of Democratic and Legal Services). The 2016 inspection of Woking was dealt with in this way. 3.2 A copy of the OSC Inspection Report of Woking is appended to this report. The first point to note is that numbered paragraph 3 of the report incorrectly describes the management structure of the Council. The error, which has been pointed out to the OSC, does not materially affect the substantive findings of the OSC. 3.3 The Inspection Report records that the Council s Policy and Procedures document is a clear, succinct and well balanced document [which] properly identifies the protective element of RIPA use. However, the Assistant Commissioner does recommend several additions which could add to the effectiveness of the document. These additions are set out in numbered paragraph 10 of the Inspection Report. These changes will be made to the Policy and Procedures document. 3.4 The Inspection Report also recommends that a section on the use of social media should be added to the Policy and Procedures document (see numbered paragraphs 11 and 12 of the Inspection Report). The adoption of a Social Media policy is work in progress. Once completed, an appropriate amendment can be made to the RIPA Policy and Procedures document. 3.5 The amendments proposed by the OSC will be made by the Head of Democratic and Legal Services under his standing delegation to amend the RIPA Policy and Procedures document to keep it up-to-date and/or to take account of emerging good practice. 4.0 Implications Financial 4.1 None. Human Resource/Training and Development 4.2 Paragraph 15 of the OSC Inspection Report notes the intention to have an update training session for authorising and investigative officers in 2017. The session would be tailored to 3
Regulation of Investigatory Powers Act 2000 - Annual Monitoring Report appropriate needs (including the potential danger of slipping into an unauthorised RIPA situation through the use of social media). Community Safety 4.3 None. Risk Management 4.4 None. Sustainability 4.5 None. Equalities 4.6 None. 5.0 Consultations 5.1 None. REPORT ENDS EE17-025 4
Regulation of Investigatory Powers Act 2000 - Annual Monitoring Report APPENDICES 5
Eliminate discriminatio n Advance equality Good relations Equality Impact Assessment The purpose of this assessment is to improve the work of the Council by making sure that it does not discriminate against any individual or group and that, where possible, it promotes equality. The Council has a legal duty to comply with equalities legislation and this template enables you to consider the impact (positive or negative) a strategy, policy, project or service may have upon the protected groups. Positive impact? Negative impact? No specific impact What will the impact be? If the impact is negative how can it be mitigated? (action) THIS SECTION NEEDS TO BE COMPLETED AS EVIDENCE OF WHAT THE POSITIVE IMPACT IS OR WHAT ACTIONS ARE BEING TAKEN TO MITIGATE ANY NEGATIVE IMPACTS Gender Men Women Gender Reassignment White Mixed/Multiple ethnic groups Race Asian/Asian British Black/African/Caribbean/ Black British Gypsies / travellers Other ethnic group 6
Eliminate discriminatio n Advance equality Good relations Positive impact? Negative impact? No specific impact What will the impact be? If the impact is negative how can it be mitigated? (action) THIS SECTION NEEDS TO BE COMPLETED AS EVIDENCE OF WHAT THE POSITIVE IMPACT IS OR WHAT ACTIONS ARE BEING TAKEN TO MITIGATE ANY NEGATIVE IMPACTS Disability Sexual Orientation Age Religion or Belief Physical Sensory Learning Difficulties Mental Health Lesbian, gay men, bisexual Older people (50+) Younger people (16-25) Faith Groups Pregnancy & maternity Marriage & Civil Partnership Socio-economic Background The purpose of the Equality Impact Assessment is to improve the work of the Council by making sure it does not discriminate against any individual or group and that, where possible, it promotes equality. The assessment is quick and straightforward to undertake but it is an important step to make sure that individuals and teams think carefully about the likely impact of their work on people in Woking and take action to improve strategies, policies, services and projects, where appropriate. Further details and guidance on completing the form are available. 7
Sustainability Impact Assessment Officers preparing a committee report are required to complete a Sustainability Impact Assessment. Sustainability is one of the Council s cross-cutting themes and the Council has made a corporate commitment to address the social, economic and environmental effects of activities across Business Units. The purpose of this Impact Assessment is to record any positive or negative impacts this decision, project or programme is likely to have on each of the Council s Sustainability Themes. For assistance with completing the Impact Assessment, please refer to the instructions below. Further details and guidance on completing the form are available. Theme (Potential impacts of the project) Positive Impact Negative Impact No specific impact What will the impact be? If the impact is negative, how can it be mitigated? (action) Use of energy, water, minerals and materials Waste generation / sustainable waste management Pollution to air, land and water Factors that contribute to Climate Change Protection of and access to the natural environment Travel choices that do not rely on the car A strong, diverse and sustainable local economy Meet local needs locally Opportunities for education and information Provision of appropriate and sustainable housing Personal safety and reduced fear of crime Equality in health and good health Access to cultural and leisure facilities Social inclusion / engage and consult communities Equal opportunities for the whole community Contribute to Woking s pride of place 8