07.30.29.04.,2008
Yesterday I came across an interesting article in the Daily Mail, by Mathew Hickley, Home Affairs correspondent with the Title. How the Town Hall snoopers hijack anti -terror laws. The article can be interpreted that local authorities are misusing powers although my understanding is that this is not so, although as I have said in the past most people do not understand the number of bodies and the range of issues where there are powers to prevent the illegal use of services
It is also of relevant interest that the foundation Act was passed in 2000 which is a year before 9/11 and the subsequent attack in Central London on the Underground and on a bus. It is my understanding that the 2000 legislation attempted provide a comprehensive and coherent structure for the wide range of powers held by a wide of public bodies and to update in terms of the latest technology enabling and covert surveillance. It is described as Anti Terrorism and anti Crime legislation
The following bodies are able to use new powers under both sections 28 and 29 of the 2000 Act: Police Forces and the National Criminal Intelligence services, The National Crime Squad and the Serious Fraud Office; the Intelligence services; Her Majesty's Forces; Customs and Excise and the Inland Revenue, Government Departments such as Ministry of Health, Social Security, Agriculture, Fisheries and Food; The National Assembly for Wales; Any Local Government Authority; various other statutory bodies such as The Post Office The Food Standards Agency and the Environmental Agency.
Some bodies were restricted to section 28 such as the Health and Safety Executive; Health authorities and the Royal Pharmaceutical Society of Great Britain. Permissions have to be granted by an appropriate Judge in relation to protected information as defined, or the Secretary of State or the Police in relation to other stated information and only officers of Crown, Police and Customs and Exercise can exercise an order by the Secretary of State. The intelligences are empowered as they were already to acquire information without a warrant. The legislation then also covered the whole range of other situations, by other bodies and other people and the procedure to be followed and the actions monitored. It is my understanding that for a local authority to exercise its powers the approval of its Chief Executive or Departmental Chief officer is required and no doubt such power would not be exercised without first consulting its Chief Legal Officer. Turning to my on local authority there are 56 references to the legislation in documents available on the internet.
Local Authorities were required to adopt and publish their policies and the first document I looked at was that published by Darlington Council which begins by emphasising that the use of powers must be balance by duties under the Human Rights Act and the Data Protection Acts of 1998 and its Common Law obligation. "The act allows local authorities to collect evidence of criminal activity lawfully where the investigation requires covert surveillance even where that may lead to them obtaining private information about individuals. This includes directed surveillance and the use and covert human intelligence sources. The Human Rights acts ensures that the such action must be proportionate, necessary, non discriminatory and lawful and failure to follow the procedures and rules is likely to render evidence as inadmissible in court proceedings and could also lead to challenges under the Human Rights Act and the award of damages against the local authority. The police statements explains that powers cover Monitoring, observing and listening to persons and their movements, their conversations and their other activities; the recording of anything monitored, observed or listened to in the course of surveillance and surveillance by or with the assistance of a surveillance device. And the surveillance can be conducted in such a manner that the individual remains unaware that it is taking place. Local authorities do however have powers to enter homes , other premises and vehicles for the purpose although they can be asked to assist those who have.
The Home Office has issued a Code of Practice relating to Covert Human Intelligence Sources and a copy is available on their internet site.
Matthew Hickley's article is important because the research discovered that only a handful of local authorities are not using the powers and that one was said to have used the powers more than100 times in one year. Most Councils explained that their surveillance powers are mostly used to tackle rogue traders, benefit fraud and anti social behaviour but they have also been used in relation to dog owners, fouling and litter louts, and misuse of the concessionary parking scheme for disabled persons. It is my understanding that local authorities are required to keep a record of all authorizations according to circumstances and to make the general information available .
I am continually amazed by the occasions when TV cameras go on streets and ask people if they are go to vote in the local authority elections and someone says I do not know what they all do, or what they do does not affect me and therefore I will not bother to vote.
Yesterday I came across an interesting article in the Daily Mail, by Mathew Hickley, Home Affairs correspondent with the Title. How the Town Hall snoopers hijack anti -terror laws. The article can be interpreted that local authorities are misusing powers although my understanding is that this is not so, although as I have said in the past most people do not understand the number of bodies and the range of issues where there are powers to prevent the illegal use of services
It is also of relevant interest that the foundation Act was passed in 2000 which is a year before 9/11 and the subsequent attack in Central London on the Underground and on a bus. It is my understanding that the 2000 legislation attempted provide a comprehensive and coherent structure for the wide range of powers held by a wide of public bodies and to update in terms of the latest technology enabling and covert surveillance. It is described as Anti Terrorism and anti Crime legislation
The following bodies are able to use new powers under both sections 28 and 29 of the 2000 Act: Police Forces and the National Criminal Intelligence services, The National Crime Squad and the Serious Fraud Office; the Intelligence services; Her Majesty's Forces; Customs and Excise and the Inland Revenue, Government Departments such as Ministry of Health, Social Security, Agriculture, Fisheries and Food; The National Assembly for Wales; Any Local Government Authority; various other statutory bodies such as The Post Office The Food Standards Agency and the Environmental Agency.
Some bodies were restricted to section 28 such as the Health and Safety Executive; Health authorities and the Royal Pharmaceutical Society of Great Britain. Permissions have to be granted by an appropriate Judge in relation to protected information as defined, or the Secretary of State or the Police in relation to other stated information and only officers of Crown, Police and Customs and Exercise can exercise an order by the Secretary of State. The intelligences are empowered as they were already to acquire information without a warrant. The legislation then also covered the whole range of other situations, by other bodies and other people and the procedure to be followed and the actions monitored. It is my understanding that for a local authority to exercise its powers the approval of its Chief Executive or Departmental Chief officer is required and no doubt such power would not be exercised without first consulting its Chief Legal Officer. Turning to my on local authority there are 56 references to the legislation in documents available on the internet.
Local Authorities were required to adopt and publish their policies and the first document I looked at was that published by Darlington Council which begins by emphasising that the use of powers must be balance by duties under the Human Rights Act and the Data Protection Acts of 1998 and its Common Law obligation. "The act allows local authorities to collect evidence of criminal activity lawfully where the investigation requires covert surveillance even where that may lead to them obtaining private information about individuals. This includes directed surveillance and the use and covert human intelligence sources. The Human Rights acts ensures that the such action must be proportionate, necessary, non discriminatory and lawful and failure to follow the procedures and rules is likely to render evidence as inadmissible in court proceedings and could also lead to challenges under the Human Rights Act and the award of damages against the local authority. The police statements explains that powers cover Monitoring, observing and listening to persons and their movements, their conversations and their other activities; the recording of anything monitored, observed or listened to in the course of surveillance and surveillance by or with the assistance of a surveillance device. And the surveillance can be conducted in such a manner that the individual remains unaware that it is taking place. Local authorities do however have powers to enter homes , other premises and vehicles for the purpose although they can be asked to assist those who have.
The Home Office has issued a Code of Practice relating to Covert Human Intelligence Sources and a copy is available on their internet site.
Matthew Hickley's article is important because the research discovered that only a handful of local authorities are not using the powers and that one was said to have used the powers more than100 times in one year. Most Councils explained that their surveillance powers are mostly used to tackle rogue traders, benefit fraud and anti social behaviour but they have also been used in relation to dog owners, fouling and litter louts, and misuse of the concessionary parking scheme for disabled persons. It is my understanding that local authorities are required to keep a record of all authorizations according to circumstances and to make the general information available .
I am continually amazed by the occasions when TV cameras go on streets and ask people if they are go to vote in the local authority elections and someone says I do not know what they all do, or what they do does not affect me and therefore I will not bother to vote.
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