The Liberal Democrats have today called for better supervision of the use of surveillance powers: they think magistrates should have to approve any use of legal powers of surveillance. Fair enough; I’m not sure how well Magistrates’ Courts could cope with these applications, but with the principle I have no problem. Nor do I dispute that these powers – like any other special powers any public authority has – may be and probably are regularly abused. It’s right to try and shape the system to prevent this as much as possible. It’s important for instance that those who are responsible for using the powers are properly trained in the legislation – according to the Chief Surveillance Commissioner in his 2008-9 report, not all police forces or senior police officers take the training seriously, even though proper training seems to improve compliance with the law.

What I do have a problem with, though, is the suggestion often made in the debate around these powers that surveillance should not be used to tackle supposely “trivial” offending and anti-social behaviour – examples often cited are dog fouling, neighbour nuisance, fly-tipping and cheating on school admissions.

I don’t see these things as trivial at all; nor do I think it makes any sense to see them as no-go areas for surveillance. You can only think noisy neighbours are a trivial problem if you’ve never lived next to one, and never had council officials telling you there’s nothing they can do. You can only be confident that school admissions cheats are harmless if your child hasn’t been turned down for the school of your choice. And you can only see things like fly-tipping as trivial if you think environmental law is a waste of time, and we should all be free to pollute wherever we like.

We have choices here. We could just abandon any attempt to be fair in allocating school places. We could happily allow public spaces and the countryside to be made filthy by people who don’t care, and allow residential areas to be plagued by home DJs. I wouldn’t want to live in that society, mind. If like me you think laws on these matters should be respected and enforced, and you want to give councils the job of enforcing them – then councils should be allowed the tools to do so.

2009-08-10T13:23:32+00:00Tags: |