Council uses terror law to tackle noise

12:20pm Friday 4th July 2008

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A LAW designed to track terrorists is being used by Vale Royal Borough Council to spy on noisy neighbours.

Senior officers at the council have authorised the use of the The Regulation of Investigatory Powers Act (Ripa) – which allows Government officials to carry out surveillance to help prevent crime and terrorism – 112 times in the last 12 months.

This is not about the council invading the privacy of the general public; it is about ensuring that personal rights to privacy are respected.

John Turnbull, lead councillor for community safeguards

An investigation by the Press Association revealed several local councils across the country have been using the spy law to investigate low-level offending, such as dog fouling and illegal parking.

A spokesman for the borough council confirmed it had used the act once to investigate fly tipping, twice to investigate damage to property and 109 times to probe noise nuisance complaints in the past year.

But John Turnbull, lead councillor for community safeguards, said the act has only been used as a last resort.

“We receive a considerable number of complaints about issues such as dog fouling and domestic noise nuisance.

“It is often possible to obtain sufficient evidence by routine overt patrols. However, in order to obtain sufficient evidence, it is sometimes necessary to undertake covert targeted surveillance,” he said.

“This is necessary if we are to be effective in controlling anti-social activities that are of concern to the vast majority of our law abiding citizens.

“This is not about the council invading the privacy of the general public; it is about ensuring that personal rights to privacy are respected.”

He added: “We take our duty to demonstrate that investigations are necessary and proportionate very seriously indeed. Each covert investigation is authorised by a senior officer.

“Our records and procedures have been checked by, and found to be to the satisfaction of, the Information Commissioner’s Inspectors on a number of occasions.

“In the case of noise nuisance investigations Vale Royal has adopted a policy of formally documenting each occasion where we use recording equipment, despite having already notified the person alleged to be responsible that we may do so.

“The Commissioner’s inspectors have previously indicated that this goes beyond our legal responsibilities; because arguably the equipment is not being used covertly.

“Most councils rely on the prior warning alone and do not seek authorisations for this type of investigation”.