Issue - meetings

This report seeks approval to a Policy and Procedures document setting out how Buckinghamshire Council will carry out its RIPA powers.

RESOLVED:  That Buckinghamshire Council adopts the Regulation of Investigatory Powers Act 2000 (RIPA) – Policy and Procedure Guidance attached as an appendix to this report with effect from 1 April 2020.

Joanna Swift, Head of Legal and Democratic Services, Chiltern and South Bucks, introduced the report and advised it was a legal requirement for Buckinghamshire Council to have the policy and procedural guidance in place in order to carry out covert surveillance, used as part of its enforcement and regulatory functions, as set out in the Regulation of Investigatory Powers Act 2000 (RIPA).  The Council was required to have a single point of contact, and designated officers to authorise covert surveillance; the Council would be inspected tri-annually.  The policy was based on Buckinghamshire County Council's policy but best practice from the district councils had been taken into account.  The proposed authorising officers were listed in Appendix A.

Members of the Shadow Executive raised the following points in discussion:

• Surveillance on fly-tipping was well supported and requests to increase the level of surveillance were regularly received from members of the public.
• The policy would ensure that the Council was able to continue and enhance the surveillance opportunities for fly tipping which previously had been successful.
• It was confirmed that this area would be included in the terms of reference for the new Audit and Governance Committee and that an oversight of the actions and enforcements taken would be presented to the Members at least once a year.
• A member of the committee queried whether the Act covered third party filming on personal mobiles by members of the public.  J Swift confirmed that this would be covered under the Data Protection Act rather than RIPA.   The Council would have to consider whether it was able to use the evidence and obviously the Council encouraged people to inform us if there were criminal activities taking place.  The Council would try to ensure that any evidence provided was used for enforcement.

RESOLVED:  It was AGREED that Buckinghamshire Council adopted the Regulation of Investigatory Powers Act 2000 (RIPA) – Policy and Procedure Guidance attached as an appendix to the report with effect from 1 April 2020.