Norman Baker MP Member of Parliament for Lewes constituency
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Lewes,
East Sussex,
BN7 2LJ.
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Wealden District Council use direct surveillance techniques 80 times over last four years compared to 29 by Lewes District Council and only 8 for East Sussex County Council
Following a request made by Norman Baker MP under the Freedom of Information Act 2001 he can reveal that Wealden District Council has used Direct Surveillance Operations, such as the use of noise monitoring machines for noise and nuisance complaints or undercover surveillance to identify breaches in planning regulations, on eighty occasions since the legislation was brought in July 2002. This is almost three times as many as Lewes District Council and 10 times the number that East Sussex County Council have made.
Norman wrote to all three of the Councils that have jurisdiction in his Lewes Constituency about the number of times they had used Direct Surveillance and Covert Human Intelligence Sources (CHIS). While all three of the Councils had used Direct Surveillance, none have used CHIS for any investigations.
These powers were granted to Councils in July 2000 under the Regulation of Investigatory Powers Act 2000 (RIPA). This legislation allows the Council’s investigating officers to use covert powers of investigation or covert human intelligence source for the purpose of preventing or detecting crime or disorder. If a council carries out investigations without complying with RIPA then it could be liable for potential breaches of the Human Rights Act 1998. Both forms of surveillance are carried out to ensure that the persons subject to the surveillance are unaware that it is taking place, but CHIS involves the establishing of relationships with a person to obtain information.
Commenting on this Norman said:
"I am slightly surprised that Wealden District Council have used Direct Surveillance so often over the past four years, especially when the figures are compared to the number of times it has been used by Lewes District Council and the County Council. Wealden has said that a majority of the authorisations were to investigate noise complaints. Overall though it does seem that our local councils are using these powers significantly and responsibly.
"While these powers may be useful to councils in certain instances it is important they are used only when absolutely necessary, as they do involve intrusion into people’s lives. RIPA must not become a "snooper’s charter". There are genuine concerns about whether these powers are useful to Local Authorities and there is obviously the risk that the powers could be misused. The councils should undertake regular assessments about how they are using these surveillance techniques, I am not convinced these powers are particular useful for local authorities."