Tonbridge council used terrorism laws to track suspected benefit cheats
INNOCENT people have unknowingly been spied on by council staff.
Tonbridge and Malling Borough Council used anti-terror laws to track seven suspected benefits cheats, including one from the Borough Green or West Malling area.
-
FINAL SAY: Council chief David Hughes has the authority to approve spying
Spying is supposed to be used only as a last resort, yet no one was ever prosecuted and the residents were never told they were being followed.
Civil liberties campaigners such as Dan Hamilton of Big Brother Watch accuse the council of unnecessary snooping.
He said: "Across the UK, councils are currently using the legislation over 4,000 times a year.
"Local authorities are abusing their surveillance powers in outrageous ways such as rifling through your bins and going through your mobile phone records.
"It's time the Government reined in these town hall James Bonds."
Tonbridge and Malling's use of surveillance is being reviewed at a scrutiny committee meeting on Tuesday – but the press and public are barred by law from seeing an inspector's report or attending the hearing.
David Thornewell, the committee chairman, and head of the Liberal Democrats, said: "It's only right that the scrutiny committee should look at this, and I do think these powers should only be used after authorisation by a court.
"The council should not be judge and jury in its own case."
The council's central services director Julie Beilby insisted the Office of the Surveillance Commission's inspector was "very complimentary" about Tonbridge and Malling's policy.
Council leader Mark Worrall, of Offham Road, West Malling, added: "These powers are a way of discovering whether public funds are being misused.
"We've used these powers rarely, when there's sufficient evidence to suggest funds are being misappropriated.
"It's not something we've done in a cavalier way. That would be inappropriate."
The council's central services director Julie Beilby said: "The key considerations are whether the surveillance is necessary and proportionate."
Despite the lack of prosecutions and convictions, she insists surveillance is always a last resort and must be approved by chief executive David Hughes.
The coalition's Freedom Bill may strip him of this authority and ensure only a magistrate can approve spying.
Mr Worrall said: "We'll comply with whatever Parliament believes to be the best system."
Big Brother Watch blames the Regulation of Investigatory Powers Act 2000.
"Benefit fraud is a serious crime and should be investigated by trained, professional and accountable police officers," said Mr Hamilton.
4 Comments
by Ranter, Sevenoaks
Saturday, February 12 2011, 2:20PM
“Whilst I would like to see benefit cheats brought to justice the use of such powers under RIPA should not be in the hands of local authorities. They have been abused by the police in the past. They were not designed to be used for dealing with fraud at this level. To people like George and Sarah and indeed anyone else who thinks it is OK especially if 'you have nothing to hide' - GROW UP and GET REAL. Watch a film like 'The Lives Of Others' about life under the Stasi in E Germany and get a flavour about what could so very easily happen.”
by G, Sussex
Tuesday, February 08 2011, 8:03AM
“Perhaps the hard of thinking should actually read the article.
No one was prosecuted so these people were innocent and certainly not criminals.
As George and Sarah are so keen on
this perhaps they wouldnt mind their every move being monitored 24 hrs a day just in case they may transgress a minor statute at some point.”
by sarah simpson, Kent
Monday, February 07 2011, 10:21PM
“How can the council be criticised for protecting the public tax payer by checking on people. I think the paper has the wrong end of the stick on this one, especially when you hear about how much people take!”
by George Barton, United Kingdom
Monday, February 07 2011, 2:43PM
“Whats wrong with catching benefit cheats [criminals]. They don't hand themselves in. In this recession every pound saved from these thieves can be allocated to a deserving cause.”