Quote:
Originally Posted by AlexanderHanff
Of course Mr Darling clearly doesn't understand the issues either if he thinks ICO are giving recomendations based on RIPA.
Alexander Hanff
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Indeed Mr Hanff... Who is actually responsible for the enforcement of RIPA and who is responsible for prosecutions is unclear even today (unless I missed something? Apart from an acceptance by the London Police of your case file?)
According to RIPA itself, the one thing we do know is that the Interception of Communications Commissioner is responsible for ensuring that the effectiveness of the Act is monitored and reported on to the Government. And according to the ICC man's office (office of Sir Paul Kennedy I think it is), the people responsible for investigating alleged breeches of the Act are the Police and as regards prosecuting that's the role of the Crown Prosecution Service.
Of course, Parliamentary Under-Secretary of State for the Home Office, Lord West of Spithead is not so clear. No. He answered the Earl of Northesk's question a little ambiguously...:
EoN: "Which law enforcement agency, Department or other statutory body has responsibility for investigating and prosecuting possible criminal breaches of ... the Regulation of Investigatory Powers Act 2000?" [from HO HL3267]
LWoS: "Investigation of breaches of RIPA would be investigated by the police or other relevant law enforcement agency; any subsequent prosecution would be taken forward by the CPS or other relevant prosecuting agency."
It's that use of "
other relevant enforcement/prosecuting agency" which helps ensure that there is wriggle room left to mess around in! It keeps the water muddy so no one can quite see through - a masterly answer which Sir Humphrey Applebee would have been proud of!!
Hank