Thursday, 26 March 2009

Extent of council spying revealed

Councils in England and Wales have used controversial spying laws 10,000
times in the past five years, figures obtained by the Liberal Democrats
show.

The Regulation of Investigatory Powers Act (Ripa) was designed to fight
serious crime.

But officials have been using it to spy on suspected dog fouling,
littering and other minor offences.

The government has promised curbs on its use but the Lib Dems warn it
could still become a "snoopers' charter".

The figures, obtained under the Freedom of Information Act, reveal for
the first time how widespread the use of Ripa is among council officials
in England and Wales.

A survey of more than 180 local authorities found:

• 1,615 council staff have the power to authorise the use of Ripa.

• 21% (or 340) of these staff are below senior management grade.

• Ripa powers have been used 10,333 times in the last five years.

• Just 9% of these authorisations have led to a successful prosecution,
caution or fixed-penalty notice

The Lib Dems are calling on the government to ensure that Ripa powers
are only used where strictly necessary and that their use is sanctioned
by magistrates.

New guidelines

The party's local government spokesman Julia Goldsworthy said: "This
government has seen civil liberties as little more than a temporary
inconvenience.

"Slowly but surely freedoms have been eroded and we're now in a
situation where dog fouling is considered sufficient to warrant
surveillance by council officials."

The government is planning to issue new guidelines to councils on the
use of Ripa.

In November, Home Secretary Jacqui Smith said it should not be used to
snoop on people suspected of minor offences such as dog fouling or
putting out rubbish on the wrong day.

But she defended councils' right to use the powers against suspected
rogue traders or fly-tippers.

Ms Smith wants applications for the use of Ripa to go to the top of
organisations, such as the chief executive of a council rather than the
head of trading standards or environmental health.

The Conservatives say they would restrict the use of Ripa powers by
local authorities only to crimes which could lead to a prison sentence.

Local councils would also require judicial approval for the use of
surveillance powers and council leaders would have to sign off each use
of the powers, under Tory proposals.

Story from BBC NEWS:
http://news. bbc.co.uk/ go/pr/fr/ -/1/hi/uk_ politics/ 7964411.stm

Published: 2009/03/26 00:02:06 GMT
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