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| Council surveillance review urged | Council surveillance review urged |
| (30 minutes later) | |
| Councils in England have been urged to review the way they use surveillance powers to investigate suspected crime. | Councils in England have been urged to review the way they use surveillance powers to investigate suspected crime. |
| Under laws brought in to help fight terrorism, councils can access phone and e-mail records and use surveillance to detect or stop a criminal offence. | Under laws brought in to help fight terrorism, councils can access phone and e-mail records and use surveillance to detect or stop a criminal offence. |
| But Local Government Association chairman Sir Simon Milton has written to councils warning overzealous use of the powers could alienate the public. | But Local Government Association chairman Sir Simon Milton has written to councils warning overzealous use of the powers could alienate the public. |
| They should not be used for "trivial offences" such as dog fouling, he adds. | They should not be used for "trivial offences" such as dog fouling, he adds. |
| The Regulation of Investigatory Powers (RIP) Act, part of the government's anti-terror drive, gave councils the power to use the surveillance and to access phone and e-mail records. Save in the most unusual and extreme of circumstances, it is inappropriate to use these powers for trivial matters Sir Simon Milton, LGA chairman | The Regulation of Investigatory Powers (RIP) Act, part of the government's anti-terror drive, gave councils the power to use the surveillance and to access phone and e-mail records. Save in the most unusual and extreme of circumstances, it is inappropriate to use these powers for trivial matters Sir Simon Milton, LGA chairman |
| But concerns have been raised about the way some councils have used the powers. | But concerns have been raised about the way some councils have used the powers. |
| Recent examples include a family in Dorset followed for several weeks to see if they really did live in a school catchment area. | Recent examples include a family in Dorset followed for several weeks to see if they really did live in a school catchment area. |
| Other uses have included examining rubbish to monitor household waste. | Other uses have included examining rubbish to monitor household waste. |
| In his letter, Sir Simon said: "Parliament clearly intended that councils should use the new powers, and generally they are being used to respond to residents' complaints about fly tippers, rogue traders and those defrauding the council tax or housing benefit system." | In his letter, Sir Simon said: "Parliament clearly intended that councils should use the new powers, and generally they are being used to respond to residents' complaints about fly tippers, rogue traders and those defrauding the council tax or housing benefit system." |
| Sir Simon specifically identifies dog fouling and littering as examples of two offences in which the RIP Act's powers were not "necessary and proportionate". | Sir Simon specifically identifies dog fouling and littering as examples of two offences in which the RIP Act's powers were not "necessary and proportionate". |
| "Whilst it is a matter for each council to determine for its area, our advice is that, save in the most unusual and extreme of circumstances, it is inappropriate to use these powers for trivial matters," he said. | "Whilst it is a matter for each council to determine for its area, our advice is that, save in the most unusual and extreme of circumstances, it is inappropriate to use these powers for trivial matters," he said. |
| 'Public concern' | 'Public concern' |
| Wyre Council in Lancashire has used hidden cameras to catch people who let their dogs foul public places - an action the chief executive Jim Corey said was justified. | Wyre Council in Lancashire has used hidden cameras to catch people who let their dogs foul public places - an action the chief executive Jim Corey said was justified. |
| "Certainly the reaction from the local population about the work has been nothing but complimentary," he told BBC Radio 5 Live. | "Certainly the reaction from the local population about the work has been nothing but complimentary," he told BBC Radio 5 Live. |
| "Dog fouling is at the top of their list in terms of issues they want the council to be tackling on the ground, so I know the public are only too pleased to see us catching people."HAVE YOUR SAYThey brought these laws in to deal with terrorism, but they seem to have been used to spy on dog-walkers. Then they wonder why so many people object to 42 daysDavid Potts, GrayswoodSend us your comments | "Dog fouling is at the top of their list in terms of issues they want the council to be tackling on the ground, so I know the public are only too pleased to see us catching people."HAVE YOUR SAYThey brought these laws in to deal with terrorism, but they seem to have been used to spy on dog-walkers. Then they wonder why so many people object to 42 daysDavid Potts, GrayswoodSend us your comments |
| But Sir Simon urges councils to use the powers only for complaints about more serious matters. | |
| Figures released by councils under the Freedom of Information Act show that thousands of people have had their telephone and e-mail records accessed. | Figures released by councils under the Freedom of Information Act show that thousands of people have had their telephone and e-mail records accessed. |
| It is estimated that about 3,000 people have been targeted in the last year, for alleged offences that included dog smuggling, storing petrol without permission and keeping unburied animal carcasses. | It is estimated that about 3,000 people have been targeted in the last year, for alleged offences that included dog smuggling, storing petrol without permission and keeping unburied animal carcasses. |
| A sample of fewer than 10% of councils showed that spying techniques were used 1,343 times. | A sample of fewer than 10% of councils showed that spying techniques were used 1,343 times. |
| Civil rights group Liberty has welcomed the new advice but says it wants the government to reform the law, so that only a judge - not a town hall official - can authorise use of the most intrusive powers. | Civil rights group Liberty has welcomed the new advice but says it wants the government to reform the law, so that only a judge - not a town hall official - can authorise use of the most intrusive powers. |
| Liberty director Shami Chakrabarti said: "We just hope that central government now follows the Local Government Association lead and really gets a grip on a law that needs to be updated, a law that is ripe for abuse and in particular, a law that doesn't have an important enough role for judges in authorising this kind of intrusive surveillance." | Liberty director Shami Chakrabarti said: "We just hope that central government now follows the Local Government Association lead and really gets a grip on a law that needs to be updated, a law that is ripe for abuse and in particular, a law that doesn't have an important enough role for judges in authorising this kind of intrusive surveillance." |
| Conservative local government secretary Eric Pickles said there was "real public concern about the threat to privacy and liberty" from the potential misuse of anti-terror laws by councils. | Conservative local government secretary Eric Pickles said there was "real public concern about the threat to privacy and liberty" from the potential misuse of anti-terror laws by councils. |
| "We need stronger checks and balances against the potential abuse of such powers to protect the rights of law-abiding citizens from Labour's growing surveillance state," he said. | "We need stronger checks and balances against the potential abuse of such powers to protect the rights of law-abiding citizens from Labour's growing surveillance state," he said. |