11/08/2010

RIPA and local authorities: directed surveillance after the decision in Poole

PLC Public Sector reports:

There has been considerable publicity surrounding local government’s use of the surveillance powers contained in the Regulation of Investigatory Powers Act 2000 (RIPA), see our March 2009 opinion “To snoop or not to snoop”.

Although the coalition government has indicated that it proposes to carry out a review of RIPA, with a view to limiting local authorities’ use of the Act to stopping serious crime and imposing a requirement on local authorities to make an application to a magistrate’s court to use RIPA, the outcome of that review will not be announced before Autumn 2010 and will then require the appropriate legislation to be passed. The practicality, and cost implications, of local authorities having to make an application to a magistrate’s court each time they wish to conduct covert surveillance, in addition to meeting the test of “serious crime” (assuming the definition in RIPA is retained), will be a blog discussion for another day once the outcome of the review is published. 

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04/08/2010

Responding to FOIA requests: however obvious it may seem, argue your case fully

PLC Public Sector reports:

We recently attended a meeting of the SLG London and Homes Counties information/data protection special interest group.  The group was very well attended and clearly provides an excellent forum for those working in local government to discuss information law issues. 

Present at the meeting was a representative from the Information Commissioner’s Office (ICO), enacting the general ICO approach of providing assistance to those public authorities that take their information law obligations seriously, by being happy to join in the discussions on the issues that group members raised.  In particular, he gave one piece of advice that could save some authorities a lot of time and resources when responding to FOIA requests.

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28/07/2010

The NAO on the need for value for money

PLC Public Sector reports:

The National Audit Office (NAO) has published a number of reports recently on the use of PFI and value for money in public procurement generally.  Each of them contain a recurring message, public authorities need to keep a close eye on value for money on a project-by-project basis and not automatically pursue a particular procurement route (whether it be PFI or any other option) because they are told it is the correct thing to do or because they  assume it is the cheapest way of doing things.

With every new day seeming to bring fresh news that another project or, in some cases programme, has been axed, public authorities and their advisers need to learn the lessons set out in these NAO reports.

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21/07/2010

Procurement challenges – is sense prevailing?

David Hansom, Associate, Eversheds LLP:

Challenges to public procurement decisions have increased enormously over the last few years, and the tide shows no sign of slowing. Faced with fewer opportunities and more competition for those that remain, bidders have much greater awareness of their rights in procurement litigation and are increasingly not afraid to use them.

However, the case of J Varney & Sons Waste Management Limited v Hertfordshire County Council decided in the High Court on 16 June 2010 is a shift away from the recent run of pro-tenderer cases. 

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14/07/2010

Shared services – how far will you go?

PLC Public Sector reports:

Local government has seen some impressive innovation over the last few years, with the aim of delivering more for less, or better for the same. The latest manifestation of this drive is the plethora of shared services arrangements either already established or in the pipeline.

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