Home Office announces RIPA review and consultation

Last updated:14 May 2009

Home Secretary Jacqui Smith has announced a review of the use of RIPA powers after information obtained by the Liberal Democrats showed the extent to which councils are using, and possibly misusing, surveillance measures brought in to fight terrorism.

The Regulation of Investigatory Powers Act 2000 (‘RIPA’) was introduced in 2000 to give the police, security services and Revenue and Customs powers to covertly compile evidence against those engaged in supporting terrorism. When RIPA was first introduced only nine agencies were allowed to mount surveillance operations, which included interceptions and secret photography. But after being updated in the post 9/11 anti-terrorism legislation nearly 800 bodies were able to benefit from the powers.

However, after several high profile incidents reported in the media of local authorities using the powers inappropriately and a recent Liberal Democrat freedom of information request revealing the frequency with which councils are using the powers, Jacqui Smith has announced a review into the use of RIPA powers. The Home Office has released a consultation document an attempt to establish who should be able to sanction use of RIPA powers and importantly who should scrutinise the process.

The review of RIPA will invite views on:

• which public authorities should be able to authorise key investigatory techniques, such as the use of communications data or covert surveillance in public places, under RIPA
• the purposes for which these investigatory techniques should be used 
• the option of raising the rank of the local authority employee authorising the use of investigatory techniques to senior executive 
• whether elected councillors should also play a role in the authorisation. 

Consultation question 5 is of particular interest to scrutineers:

“Should elected councillors be given a role in overseeing the way local authorities use covert investigatory techniques?”

The Centre for Public Scrutiny will be compiling a response to Regulation of Investigatory Powers Act 2000: Consolidating Orders and Codes of Practice, and we welcome your views and comments. Please contact Mark Lowe, mark.lowe@cfps.org.uk.

The consultation closes 10 July 2009.

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