Councils to need approval from magistrates for surveillance from 1 November

The requirement for councils to receive magistrates’ approval before conducting surveillance will come into effect from 1 November 2012, after the commencement order was approved last month.

The change is being introduced through the Protection of Freedoms Act 2012 and a copy of the commencement order can be found here.

The new requirement has proved controversial, with trading standards chiefs questioning its necessity.

In a joint statement last month, the Trading Standards Institute, the Association of Chief Trading Standards Officers and the National Trading Standards Board expressed the hope that its introduction would mean the end of what they called the “RIPA witch hunt”.

In a joint statement senior members of the three organisations said: “The provision [for authorisation in the Protection of Freedoms Act] is an added burden on courts and trading standards alike, and is a victory to sensationalised and distorted media coverage, which has highlighted errors of judgement of the few at the expense of the vast body of evidence that shows RIPA being used in a proportionate and effective way for the good of consumers and honest business.”

For information on the legislation as it passed through Parliament in 2011, read Ibrahim Hasan’s article, Freedom Fighting, here.