Below are my thoughts on another recent Help Me Investigate project - this time looking at Birmingham Council’s use of the controversial Regulation of Investigatory Powers Act, which allows covert surveillance powers for investigating misdemeanours.
Figures released in response to this FOI request by Paul Bradshaw reveal - I believe, at first glance - that Birmingham is compartively trigger happy, using powers granted by the act six times more than typical councils.
Update 3pm Friday 7th: Please see the comments section for a health warning over the 1,707 statistic and resulting conclusion thaty Birmingham is so prolific a user of RIPA. This investigation remains a work in progress!
Birmingham accounts for roughly a 60th of the UK’s population (pop c. 1 million). In 2007 (calendar year) there were 1,707 council applications to use RIPA powers nationwide.
Unfortunanately these totals are given in financial years. For 2006/7 there were 115 uses of RIPA in Birmingham, in 2007/8 there were 99.
So conservatively assuming there were 100 uses of RIPA in 2007, Birmingham accounted for just under 6% of all local council RIPA uses, despite only accounting for 1% of the population. So it’s surveilling roughly six times as many of its citizens as the typical council.
Other issues get more subjective. Home Office guidlines stress “very strict safeguards” on RIPA use, which should be in “exceptional circumstances” only. Does having 22 officials authorised to use RIPA match that? Does surveilling 575 people? Personally I have my doubts.
Take fly tipping. RIPA has been used 27 times in relation to fly tipping, despite “late bins” being one of the example issues used to reassure the public on RIPA safeguards.
Relevent extract from Home Office:
“Local authorities have a range of powers available to them to tackle littering and fly tipping. However it shouldn’t be necessary or appropriate to use RIPA directed surveillance powers to observe people putting their rubbish bins out early for collection. RIPA allows certain public authorities to authorise covert surveillance and covert human intelligence sources for the prevention and detection of crime and prevention of disorder – but only where it is necessary and proportionate to do so.
When councils use RIPA we expect them to use these laws proportionately and sensibly in the interest of investigating crimes and protecting their communities.”
As to next steps, the prosecution issues and so forth are clearly going to prove difficult to appeal. Is there any hope of persuading some local bloggers - or better - local papers to pick up what’s been got already and trying to encourage some people to come forward?
Identifying some people involved would both humanise this, and help get a subjective handle on how reasonable Birmingham’s RIPA use is.
Any thoughts?