Issue - meetings

Decision:

That the draft Covert Investigative Powers Policy, as set out in Appendix 1 to the report submitted to the Executive be adopted, subject to the same policy being adopted by Waverley Borough Council.

Reasons:

1.     To align the policies of Guildford and Waverley and to improve consistency in reporting, monitoring and approval of covert surveillance and acquisition of communications data.

2.     To ensure the integrity of the processes in place for the use of directed surveillance, covert human intelligence sources (CHIS) and acquiring communications data.

3.     To maintain compliance with the Legislation and Codes of Practice that govern Investigatory powers and Human Rights

4.     To ensure collaborative engagement with the IPCO and their inspectors

5.     To ensure staff are fully trained and aware of their powers, duties and the authorisation process.

Other options considered and rejected by the Executive:

1.     To adopt the new aligned policy with such amendments as the Executive saw fit. However, the Executive was mindful that any such amendments might not be adopted by Waverley Borough Council which would negate the benefits of having an aligned and identical policy.

2.     To not adopt the new policy and retain a separate and different policy framework for each council. Along with not aligning to two authorities, there was also a risk that the policies would not be compliant with the current guidance.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

Historically, Guildford and Waverley had separate polices in relation to covert surveillance. Both policies were somewhat out of date in respect of Communications Data terminology and procedure as implemented by the Investigatory Powers Act 2016.

The Executive considered a report that presented a new draft policy at combining the best parts of both councils’ documents into a coherent policy, covering practice, procedure, examples and social media guidance.

Waverley Borough Council would consider the same policy. Provided the same policy was adopted by Waverley Borough Council, there would be clarity and consistency of both councils having an identical policy for employees and others employed jointly by the two councils or working collaboratively on joint or shared services or projects. The two councils having an identical policy would put them in a strong position to support any future decisions to progress and extend the current collaborative working.

The Executive agreed that it was essential to have robust, up to date guidance and procedures in regard to the council’s duties concerning any covert surveillance undertaking and that the policies should be in-line with Waverley Borough Council given the increasing collaborative relationship between the two authorities. Therefore, the Executive,

RESOLVED:

That the draft Covert Investigative Powers Policy, as set out in Appendix 1 to the report submitted to the Executive be adopted, subject to the same policy being adopted by Waverley Borough Council.

Reasons:

1.     To align the policies of Guildford and Waverley and to improve consistency in reporting, monitoring and approval of covert surveillance and acquisition of communications data.

2.     To ensure the integrity of the processes in place for the use of directed surveillance, covert human intelligence sources (CHIS) and acquiring communications data.

3.     To maintain compliance with the Legislation and Codes of Practice that govern Investigatory powers and Human Rights

4.     To ensure collaborative engagement with the IPCO and their inspectors

5.     To ensure staff are fully trained and aware of their powers, duties and the authorisation process.