Issue - meetings

Regulation of Investigatory Powers Act 2000 - Partnership Policy:

Meeting: 14/02/2024 - Executive Board (Item 64)

64 Regulation of Investigatory Powers Act 2000 - Partnership Policy: pdf icon PDF 215 KB

To seek approval of the Regulation of Investigatory Powers Act 2000,  Partnership Policy for South and East Lincolnshire Councils Partnership.

Additional documents:

Decision:

 

1.       That the Regulation of Investigatory Powers Act (RIPA) 2000 - Partnership Policy be approved.

 

2.       That the Assistant Director Regulatory / Senior Responsible Officer, in consultation with the Portfolio Holder, be granted delegated authority to make such amendments to this policy as may from time to time be required in order to (i) reference any links or amended links to other documents as may be required; and (ii) reflect any issues over which the Council has no discretion including, but not limited to, references to any legislative changes and amended guidance. Any material amendments to the policy will be subject to the usual approval process in line with the Constitution.

Minutes:

The Portfolio Holder for Community Safety, Leisure and Culture, and Carbon Reduction presented a report was that sought Executive Board approval for the Regulation of Investigatory Powers Act (RIPA) 2000 - Partnership Policy. The Policy brought together the previous Joint RIPA Policy at East Lindsey District Council and Boston Borough Council with the South Holland District Council RIPA Policy to create a single RIPA Policy for the Partnership.

 

The new Partnership Policy sought to align and harmonise current practice and procedures across the three Councils and to bring RIPA related arrangements up to date with current guidance issued by the Home Office and the Investigatory Powers Commissioners Office (IPCO), the regulatory body that oversees compliance with RIPA by public bodies.

 

The output of this work was detailed at Appendix A to the report and Executive Board was asked to consider for approval the adoption of the policy for East Lindsey District Council.  The Portfolio Holder for Community Safety, Leisure and Culture and Carbon Reduction highlighted a statement from the IPCO at paragraph 2.5 of the report that detailed ongoing compliance with the RIPA 2000.

 

During discussion Members supported the recommendations.

 

RESOLVED

 

1.       That the Regulation of Investigatory Powers Act (RIPA) 2000 - Partnership Policy be approved.

 

2.       That the Assistant Director Regulatory / Senior Responsible Officer, in consultation with the Portfolio Holder, be granted delegated authority to make such amendments to this policy as may from time to time be required in order to (i) reference any links or amended links to other documents as may be required; and (ii) reflect any issues over which the Council has no discretion including, but not limited to, references to any legislative changes and amended guidance. Any material amendments to the policy will be subject to the usual approval process in line with the Constitution.

 

Reasons:

To ensure that Members are aware of the duties imposed on the Council by the Regulation of Investigatory Powers Act 2000 and the requirement to adopt a Policy that is up to date, relevant and fit for purpose.

 

Ensuring Members are informed about RIPA activity, policy and procedures demonstrates good governance and an organisational commitment to the obligations imposed by RIPA on public bodies.

 

Other options:

Retain joint arrangements with Boston or adopt independent, sovereign policy to meet the obligations imposed by RIPA on East Lindsey District Council.

 

Neither of these options has not been explored as economies of scale, efficiencies and shared learning can be optimised by harmonising our approach to RIPA across the Partnership. This sub regional approach also accords with the objectives set out in the Memorandum of Agreement and the Business Case for the South and East Lincolnshire Councils Partnership.