Protection of Freedoms Bill

Amendment 99 would place a duty on the Secretary of State to commission a full independent inquiry into the use of surveillance camera systems in England and Wales, as recommended by the House of Lords Select Committee on the Constitution, which also recommended statutory regulation. Amendment 110 would require a similar inquiry before any steps were taken to extend the code of practice into the private sector, as provided for by Clause 33(5)(k). In its evidence to the Public Bill Committee, the Association of Chief Police Officers questioned the assertion that there are 4.2 million CCTV cameras in the UK, as is commonly cited, estimating that the figure was much closer to 1.8 million. Such wildly different estimates indicate the lack of information that exists on the extent and nature of closed-circuit television cameras and surveillance systems in this country. Where real evidence and information are lacking, misinformation will often move in to fill the gap. The code of practice that the Government seek to introduce would place additional regulatory burdens on cash-strapped local authorities that could see a reduction in the use of CCTV technology and in the detection and apprehension of crime by the police. Yet a fundamental assessment of the extent and varying nature of CCTV use in the UK and is value has not been undertaken. My noble friend Lady Royall of Blaisdon, whose name is also on the amendment, visited Stevenage last month to see the hugely impressive system developed by the council there for the safety and security of residents. The idea that these surveillance systems should be targeted for further regulation is surprising. Stevenage Council, like others, was in fact approached by the Home Office when drawing up the existing guidelines, and local authorities have led the drive for the highest standards within the industry. In particular, it was noticeable that cameras positioned to cover public space that overlooked private property blanked out the part of the image that would have displayed areas of private property. Indeed, that council conducts an independent inspection of its surveillance systems in order to ensure that the highest standards are met and is now providing services that are a model of best practice across the county and adjacent boroughs. The local police rely on this information for the real-time apprehension of criminals and as a vital source of evidence. This experience of the responsible and effective use of CCTV by local authorities is borne out across the country. The interim report by the Riots, Communities and Victims Panel into the August riots noted that, "““Use of CCTV footage has proved very important in bringing rioters to justice””." The panel recommended: "““Local authorities and other relevant organisations should review local CCTV coverage and consider if it needs to be extended””." The Local Government Association and ACPO estimate that the surveillance cameras that will be required to have regard to the new code of practice will be just 3 per cent of the total number of cameras. By and large, these cameras conform to the highest standards of data protection and privacy safeguarding as well as image quality. Indeed, the recently published government consultation on the scope of the CCTV code notes, on page 1: "““Not all respondents recognised the references to concern over the invasion of personal privacy and state intrusion into people’s lawful business. … The number of serious documented cases of misuse or ill considered deployment was regarded by some as having been miniscule in relation to the vast overall volume of CCTV data that has been captured … Others considered the suggestion that civil liberties have been eroded as a result of increased numbers of CCTV cameras is a result of grossly exaggerated media reports””." The Government assure that us that they do not believe that local authorities and the police have some sinister use for CCTV. Instead, the rationale provided in the recently published response to the consultation on the introduction of such a code within the public sector first states: "““This is not to imply that there is any greater need for progress to be made by local authorities and the police. It is to recognise that their behaviour can be a powerful driver of public confidence and of standards in other sectors””." Amendment 99 would ensure that the code of practice is founded on a comprehensive understanding of the current state of UK surveillance. It has been difficult to assess the full extent of the impact of the Government’s proposals because of the absence of detail on what a future code of practice would, or would not, contain. We note the Government’s release of the results of the first consultation on the scope of the code of practice, but while this provides more detail on the nature of the code, the lack of detail on what it will contain—on the impact that it is expected to have on the use of CCTV by local authorities and the police and the associated advantages and disadvantages and how those are to be assessed—does not help in coming to conclusions. By requiring a full and independent inquiry into the use and extent of CCTV cameras in the UK before the introduction of any code of practice, the Government would be ensuring that any further and future regulation of this sector was evidence led. Amendment 110 provides for a similar prior independent inquiry into the use of surveillance camera systems should the Secretary of State in future choose to utilise the order-making power contained within Clause 33 to extend the code of practice to the private sector. The fact that we have so little information on the use and extent of surveillance cameras by private operators should be reason enough to require a comprehensive review. I hope that the Minister can agree to these proposals. I beg to move.