Philip McCourt, Director of Law and Governance (Monitoring Officer) introduced his report that informed the Audit and Risk Management Committee of the use by Council officers of the covert surveillance powers of the Council since January 2020.

The report set out how the Investigating Powers Commissioner (IPCO) was responsible for overseeing the operation of RIPA.  IPCO inspected the Council on 17 December 2018. The outcome of that inspection was reported to the Committee on 11 March 2019.  The Audit and Risk Management Committee at that time approved amendments to the Council’s Policy and Guidance Document made in response to the Report. Further amendments were approved by the Committee at its meeting on 27 January 2020 to take account of the new Home Office Codes of Practice and guidance offered by the Investigatory Powers Commissioner on the legal framework surrounding visits by officers to social media sites during the course of their duties.

The report further informed that on 17 February 2020 officers obtained approval from a Magistrate to an authorisation granted by Mark Camborne (Lead Commissioner: Community Services and Resilience) to enable test purchases to be made by juveniles (under the supervision of Trading Standards Officers) from retailers who were suspected of selling e cigarettes to young persons under the age of 18. Under-age sales had been observed and appropriate enforcement action will be taken against the retailers concerned.

On 20 October 2020 officers obtained approval from a Magistrate to an authorisation granted by Mike Cockburn (Head of Service for Environment  and Climate Emergency) to enable covert surveillance to be carried out at a site where there has been unlawful depositing of waste.

Members questioned the Director of Law and Governance on his report, and the Director responded accordingly.

RESOLVED - That the use made by the Council of covert surveillance since January 2020 be noted.