23 July 2008
Council to review surveillance rules
Wealden District Council has agreed to review its own rules when using surveillance powers to clamp down on noise pollution and fly–tipping.
Proposing that the Council’s Internal Scrutiny Committee review the Council’s procedures for direct surveillance operations authorised under the Regulation of Investigatory Powers Act 2000, Councillor John Blake said it was important that the public knew that the surveillance procedures at Wealden were being democratically supervised. He said the scrutiny committee should be given the opportunity to recommend changes to the Council’s constitution if it felt further safeguards were appropriate. The motion was seconded by Cllr Bob Sweetland.
"In my 13 years as a Councillor I have encountered situations where their use could be justified and in the public interest," said Cllr Blake, but added that Members ought to ask questions about the purposes and limit of the surveillance powers:
“I think it is important the public know we are controlling these powers. If we fail to do so, as their elected members, we have abrogated our responsibilities,” he said.
Cllr Claire Dowling, Cabinet member for Corporate Services, called for the motion to go further, calling on the Internal Scrutiny committee to have particular consideration to adding a mechanism that would require the prior approval of a designated councillor before using these powers. This was incorporated into the motion, which was passed by the Full Council meeting on Wednesday July 16.
“The current process requires a senior council officer to authorise a request,” said Councillor Dowling. “Under the new system an additional check from a designated councillor would be required before authorisation. This makes the whole process both more democratic and accountable.“
It was recognised that covert directed surveillance was an important investigatory tool for the Council in tackling anti-social activities in a large rural area. In the past two years, the Council has granted 24 applications under the Regulation of Investigatory Powers Act to carry out surveillance. The majority, 20 , related to noise nuisance offences, two to fly tipping, one to graffiti and one to anti social behaviour.
Wealden’s Surveillance powers are monitored by the Office of Surveillance Commissioners. After its last inspection in 2006, the Office said it was satisfied that Wealden had continued to operate its surveillance operations with due caution.
