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Council 'snooping power' reviewed Council 'snooping power' reviewed
(30 minutes later)
Councils in England and Wales should not use surveillance powers for minor offences such as allowing dogs to foul pavements, the home secretary has said. Councils should not use surveillance powers for minor offences such as allowing dogs to foul pavements, Home Secretary Jacqui Smith has said.
Jacqui Smith was speaking as the Home Office launched a review of the Regulation of Investigatory Powers Act. Her comments came as the Home Office launched a review of the Regulation of Investigatory Powers Act (Ripa).
The act allows the use of methods such as hidden cameras to detect crimes such as benefit fraud but councils have been accused of targeting minor offences. The act allows the use of surveillance in England and Wales for crimes such as benefit fraud, but councils have been accused of targeting minor offences.
The Tories and Lib Dems say Ripa is a "snoopers' charter" which needs reform.The Tories and Lib Dems say Ripa is a "snoopers' charter" which needs reform.
Round-the-clock
Ripa was introduced in 2000 to allow police and security services to fight crime and terrorism more effectively and was later extended to allow local authorities to use some covert techniques.Ripa was introduced in 2000 to allow police and security services to fight crime and terrorism more effectively and was later extended to allow local authorities to use some covert techniques.
[Ripa] is being used by both the government and hundreds of local authorities to pry into all kinds of different parts of people's lives Chris GraylingShadow home secretary[Ripa] is being used by both the government and hundreds of local authorities to pry into all kinds of different parts of people's lives Chris GraylingShadow home secretary
In one case, benefit investigators covertly filmed Paul Appleby, a disability allowance cheat from Nottinghamshire, who had claimed £22,000 in payments.In one case, benefit investigators covertly filmed Paul Appleby, a disability allowance cheat from Nottinghamshire, who had claimed £22,000 in payments.
He was in fact a member of an athletics club - and secret filming of him competing in events was crucial to the case against him.He was in fact a member of an athletics club - and secret filming of him competing in events was crucial to the case against him.
But one example cited by the Home Office as wrong is an investigation into parents using a false address to get their child into a preferred school.But one example cited by the Home Office as wrong is an investigation into parents using a false address to get their child into a preferred school.
Ministers said that an official should have simply knocked on the door of the home in question rather than mounting round-the-clock surveillance.Ministers said that an official should have simply knocked on the door of the home in question rather than mounting round-the-clock surveillance.
Similarly, councils should stake-out spots where dog-fouling occurs and not follow suspect owners wherever they go.Similarly, councils should stake-out spots where dog-fouling occurs and not follow suspect owners wherever they go.
'Excessive powers' FROM THE TODAY PROGRAMME class="" href="http://news.bbc.co.uk/today/hi/default.stm">More from Today programme
The Home Office has now launched a consultation on exactly which public authorities will be able to use the powers in the future - and whether these covert operations will need to be signed off at the highest local level.The Home Office has now launched a consultation on exactly which public authorities will be able to use the powers in the future - and whether these covert operations will need to be signed off at the highest local level.
WHAT RIPA REGULATES Interception of communications, such as phone calls and e-mailsAcquisition of information from service providersCovert surveillanceUse of informants or undercover officersAccess to electronic data protected by encryption or passwords
Ms Smith said the government had to protect people's freedom "from interference by those who would do us harm".Ms Smith said the government had to protect people's freedom "from interference by those who would do us harm".
She said: "In order to do this, we must ensure that the police and other public authorities have the powers they need.She said: "In order to do this, we must ensure that the police and other public authorities have the powers they need.
"But we must also ensure that those powers are not used inappropriately or excessively."But we must also ensure that those powers are not used inappropriately or excessively.
"I don't want to see these powers being used to target people for putting their bins out on the wrong day or for dog fouling offences."I don't want to see these powers being used to target people for putting their bins out on the wrong day or for dog fouling offences.
"I also want to make sure that there is proper oversight of the use of these powers which is why I am considering creating a role for elected councillors in overseeing the way in which local authorities use Ripa techniques.""I also want to make sure that there is proper oversight of the use of these powers which is why I am considering creating a role for elected councillors in overseeing the way in which local authorities use Ripa techniques."
WHAT RIPA REGULATES Interception of communications, such as phone calls and e-mailsAcquisition of information from service providersCovert surveillanceUse of informants or undercover officersAccess to electronic data protected by encryption or passwords
This could include making councillors the local watchdog for covert operations carried out against residents.This could include making councillors the local watchdog for covert operations carried out against residents.
'Trivial issues'
Home Office minister Vernon Coaker told BBC Radio 4's Today programme that the powers had been used well in the vast majority of cases.Home Office minister Vernon Coaker told BBC Radio 4's Today programme that the powers had been used well in the vast majority of cases.
But he added: "We have become concerned about some offences that have come to light where these powers have been used to tackle what we would regard as trivial issues.But he added: "We have become concerned about some offences that have come to light where these powers have been used to tackle what we would regard as trivial issues.
Lib Dem Chris Huhne: 'We need to get a sense of perspective'
"Some examples would be individual cases of dog fouling, some cases of littering. Clearly, the purposes for which the act was introduced was not for local authorities to use it in that way.""Some examples would be individual cases of dog fouling, some cases of littering. Clearly, the purposes for which the act was introduced was not for local authorities to use it in that way."
The Conservatives and Liberal Democrats have also called for the act to be changed.The Conservatives and Liberal Democrats have also called for the act to be changed.
Shadow home secretary Chris Grayling said: "The government has allowed Ripa to become a snoopers' charter.Shadow home secretary Chris Grayling said: "The government has allowed Ripa to become a snoopers' charter.
Lib Dem Chris Huhne: 'We need to get a sense of perspective'
"It was supposed to be there to tackle terrorism and serious crime. Instead it's being used by both the government and hundreds of local authorities to pry into all kinds of different parts of people's lives. It has to stop.""It was supposed to be there to tackle terrorism and serious crime. Instead it's being used by both the government and hundreds of local authorities to pry into all kinds of different parts of people's lives. It has to stop."
And Lib Dem home affairs spokesman Chris Huhne said: "Without reform, Ripa will continue to be a snoopers' charter. Surveillance powers should only be used to investigate serious crimes and must require a magistrate's warrant."And Lib Dem home affairs spokesman Chris Huhne said: "Without reform, Ripa will continue to be a snoopers' charter. Surveillance powers should only be used to investigate serious crimes and must require a magistrate's warrant."
The Local Government Association said its advice to councils was that it was inappropriate to use the powers for less serious matters except in the most unusual and extreme circumstances.The Local Government Association said its advice to councils was that it was inappropriate to use the powers for less serious matters except in the most unusual and extreme circumstances.