The Head of Legal and Member Services presented a summary of the use of covert surveillance by the Council between 1 September 2013 and 1 January 2014. The Regulation of Investigatory Powers Act 2000 (RIPA) governed how public bodies used surveillance methods and he advised that that Council was able to use covert surveillance for the purposes of preventing or detecting crime or preventing disorder. However, the Protection of Freedoms Act 2012 required the approval of a magistrate and confined directed surveillance to cases where the offence under investigation carried a custodial sentence of six months or more, except in relation to underage sales of alcohol and tobacco, where the sentencing threshold did not apply.

During the monitoring period, there had been only one use of covert surveillance of a site in Birkenhead, where illegal fly-tipping had been detected. In response to a request from the Liberal Democrat spokesperson for more detail of the surveillance undertaken to be provided to Members, the Council’s legal advisor assured the Committee that once the case had been dealt with by the courts, a more detailed update would be provided.

Resolved – That the report be noted.