Issue - meetings

Control Environment Assurance

Meeting: 10/10/2019 - Policy and Resources Scrutiny Committee (Item 413)

Control Environment Assurance - Confidential Appendix

Minute 342 (Cabinet Agenda Item No. 33 refers)

Called in by Councillors Cox and Davidson

Minutes:

The Committee considered Minute 342 of Cabinet held on 17th September, 2019, which had been called in to Scrutiny.

 

Resolved:-

 

1.     That the following decision of Cabinet be noted:-

 

“That the confidential appendix, be endorsed (subject to the amendment referred to in Minute 338 (3).”

 

2.     That, in accordance with Council Procedure Rule 39, the matter be referred to full Council.

 

Note: This is an Executive Function

Cabinet Members: Councillors Gilbert and Woodley


Meeting: 10/10/2019 - Policy and Resources Scrutiny Committee (Item 410)

410 Control Environment Assurance pdf icon PDF 99 KB

Minute 338 (Cabinet Book 4, Agenda Item No. 29 refers)

Called in to Policy & Resources Scrutiny Committee only by Councillors Cox and Davidson

Additional documents:

Minutes:

The Committee considered Minute 338 of Cabinet held on 17th September, 2019, which had been called in to Scrutiny, together with a report of the Executive Director (Finance and Resources) on the proposed revisions to be made to the Control Environment in respect of Risk Management, Counter-Fraud, Bribery & Corruption, Counter Money Laundering, Whistleblowing and the Regulation of Investigatory Powers. 

 

Councillor Shead asked if an addition could be made on page 3 of the Whistleblowing Policy to deal with the situation where a council officer decides to make a disclosure to a Councillor, rather than to another officer. In such circumstances the officer making the disclosure would need to meet a higher standard in order to attract employment protection, since a Councillor is not a “prescribed person” under the Public Information Disclosure Act 1998. Councillor Shead asked if the Council could extend the same protection “wherever possible”. The Executive Director (Legal and Democratic Services) said that he would investigate and advise.

 

In response to questions raised about the revised Policy and Procedures for undertaking surveillance pursuant to RIPA (Appendix E), the Executive Director (Legal & Democratic Services) explained that:-

 

·           A Commissioned Fraud Investigation Service would necessarily undertake a range of activities in connection with that service. Occasionally surveillance may be required, although in 2018/19 there was no use of surveillance powers.

 

·           It was logical that the body investigating a fraud should obtain the necessary authority for any surveillance - and it was quite lawful for the Commissioned Service to obtain that authority.

 

·           Southend-on-Sea Borough Council has oversight of the Commissioned Service. Furthermore safeguards are in place to ensure any surveillance is carried out lawfully; most importantly an order must be obtained from the Magistrates’ Court for any proposed surveillance.

 

·           The Fraud Investigation Service provided by Thurrock Council in fact ended in early October 2019, but it is reasonable to retain a general policy.

 

Resolved:-

 

1.     That the following decisions of Cabinet be noted:-

 

“1.  That the revised Risk Management Policy Statement and Strategy set out in Appendix A to the submitted report (including the action plan included at Appendix A of that document) be approved.

 

2.     That the revised Counter Fraud, Bribery & Corruption Policy and Strategy (Appendix B), the revised Counter Money Laundering Policy & Strategy (Appendix C)  and the revised Whistleblowing Policy (Appendix D), be approved

 

3.     That the revised Policy and Procedures for undertaking Directed Surveillance and the use of Covert Human Intelligence Sources (Appendix E) and also the detailed procedures for use of a CHIS as set out in the confidential Appendix F, (subject to the inclusion of an additional sentence under paragraph 7.2 in relation to the handling, storage and destruction of material obtained through the use of a CHIS) be approved.

 

4.    That it be noted that:

 

(a) The Council has not used the surveillance powers available to it under RIPA between 1 April 2018 and the 31st March 2019 and neither has it used any CHIS during this period.

 

(b)Thurrock Council has not used any such  ...  view the full minutes text for item 410


Meeting: 17/09/2019 - Cabinet (Item 338)

338 Control Environment Assurance pdf icon PDF 99 KB

Report of Executive Director (Finance and Resources)

Additional documents:

Decision:

The Cabinet considered a report of the Executive Director (Finance and Resources) on the proposed revisions to be made to the Control Environment in respect of Risk Management, Counter-Fraud, Bribery & Corruption, Counter Money Laundering, Whistleblowing and the Regulation of Investigatory Powers. 

 

Resolved:-

 

1.    That the revised Risk Management Policy Statement and Strategy set out in Appendix A to the submitted report (including the action plan included at Appendix A of that document) be approved.

 

2.    That the revised Counter Fraud, Bribery & Corruption Policy and Strategy (Appendix B), the revised Counter Money Laundering Policy & Strategy (Appendix C)  and the revised Whistleblowing Policy (Appendix D), be approved

 

3.    That the revised Policy and Procedures for undertaking Directed Surveillance and the use of Covert Human Intelligence Sources (Appendix E) and also the detailed procedures for use of a CHIS as set out in the confidential Appendix F, (subject to the inclusion of an additional sentence under paragraph 7.2 in relation to the handling, storage and destruction of material obtained through the use of a CHIS) be approved.

 

4.    That it be noted that:

 

(a) The Council has not used the surveillance powers available to it under RIPA between 1 April 2018 and the 31st March 2019 and neither has it used any CHIS during this period.

 

(b)Thurrock Council has not used any such powers on behalf of Southend-on- Sea Borough Council when undertaking Anti-Fraud work between 1 April 2018 and 31st March 2019.

 

5.    That the staff training undertaken in 2018/19 and proposed training for 2019/20 in connection with RIPA, be noted.

 

6.    That the regulation of CCTV activities be noted.

 

Reasons for Decision

 

To comply with the Home Office Codes of Practice and the Investigatory Powers Commissioner’s Officer Guidance on RIPA.

 

Other Options

 

None

 

Note: This is an Executive Function

Eligible for call in to: All three Scrutiny Committees

Cabinet Member: Councillors Gilbert and Woodley

 

 

Minutes:

The Cabinet considered a report of the Executive Director (Finance and Resources) on the proposed revisions to be made to the Control Environment in respect of Risk Management, Counter-Fraud, Bribery & Corruption, Counter Money Laundering, Whistleblowing and the Regulation of Investigatory Powers. 

 

Resolved:-

 

1.    That the revised Risk Management Policy Statement and Strategy set out in Appendix A to the submitted report (including the action plan included at Appendix A of that document) be approved.

 

2.    That the revised Counter Fraud, Bribery & Corruption Policy and Strategy (Appendix B), the revised Counter Money Laundering Policy & Strategy (Appendix C)  and the revised Whistleblowing Policy (Appendix D), be approved

 

3.    That the revised Policy and Procedures for undertaking Directed Surveillance and the use of Covert Human Intelligence Sources (Appendix E) and also the detailed procedures for use of a CHIS as set out in the confidential Appendix F, (subject to the inclusion of an additional sentence under paragraph 7.2 in relation to the handling, storage and destruction of material obtained through the use of a CHIS) be approved.

 

4.    That it be noted that:

 

(a) The Council has not used the surveillance powers available to it under RIPA between 1 April 2018 and the 31st March 2019 and neither has it used any CHIS during this period.

 

(b)Thurrock Council has not used any such powers on behalf of Southend-on- Sea Borough Council when undertaking Anti-Fraud work between 1 April 2018 and 31st March 2019.

 

5.    That the staff training undertaken in 2018/19 and proposed training for 2019/20 in connection with RIPA, be noted.

 

6.    That the regulation of CCTV activities be noted.

 

Reasons for Decision

 

To comply with the Home Office Codes of Practice and the Investigatory Powers Commissioner’s Officer Guidance on RIPA.

 

Other Options

 

None

 

Note: This is an Executive Function

Called in to: Policy and Resources Scrutiny Committee

Cabinet Member: Councillors Gilbert and Woodley

 

 


 

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