Council defends using surveillance powers

Date published: 30 March 2009


OLDHAM Council is one of the most frequent users in the country of surveillance powers designed to tackle terrorism — for misbehaviour such as fly tipping and noise nuisance.

The council has used powers under the Regulation of Investigatory Powers Act (RIPA) 185 times in the last five years — putting it eighth out of 182 local authorities.

The “spying” powers allow authorities to use surveillance and information gathering to prevent crime. But some councils have been accused of using them for petty reasons — such as dog fouling, spying on village paperboys, or checking on parents making school admission applications.

The Liberal Democrats, who obtained the details using the Freedom of Information Act, said it represents an erosion of civil liberties and warned that RIPA was becoming a “snooper’s charter”.

However, council leader Councillor Howard Sykes said that following a recent review of the council’s use of RIPA, councillors are now consulted before the act is used to give an extra oversight.

He said: “It can be extremely difficult gathering evidence against rogue traders, fly tippers and some forms of anti-social behaviour. The powers in the act allow us to gather the evidence required.

“We will not shy away from using all the powers at our disposal to make life better for the people of Oldham.”

Oldham has used the controversial powers 76 times in noise nuisance cases, 27 times to tackle fly tipping, 20 times in anti-social behaviour cases and for 28 other incidents, including eight fraud cases and nine animal welfare cases. Its Trading Standards department used it 34 times.

But using the powers has resulted in only 56 successful prosecutions — just over one in four cases.

At many councils only the chief executive can authorise use of RIPA, but at Oldham 20 officers have the power to do so.

Across England and Wales it’s been used more than 10,000 times for minor offences such as littering, dog fouling and taking the fairy lights from a Christmas tree.