HMRC intercept, snooping and surveillance powers commence today
Hat tip to Rob Lewis from accountingweb.co.uk who reminds us that "HMRC gets bugging powers" which commence today 15th February 2008.
These are under amendments to the Regulation of Investigatory Powers Act 2000 (RIPA), brought in by under the Serious Crime Act 2007 Schedule 12, and brought into force through the The Serious Crime Act 2007 (Commencement No.1) Order 2008 No. 219 (C. 5)
As Rob writes
HMRC has stated that all surveillance will be conducted in compliance with the Regulation of Investigatory Powers Act and the Wilson Doctrine, and subject to checks by the Office of Surveillance Commissioners and the Interception of Communication Commissioners Office. However, the department will not need to seek external authorisation for any of its surveillance activities.The move flies in the face of assurances given when the Inland Revenue and Customs and Excise merged in 2005 that integration would not necessitate an alignment of powers. Professional bodies such as the Institute of Chartered Accountants of England and Wales will be further disappointed that HMRC has yet to draw up its own code of conduct regarding the new powers.
We expressed our worries last January: Is SOCA so useless, that HM Revenue & Customs really needs "bugging and phone-tap powers" ?
We have still seen no coherent justification for the extension of the snooping powers of the former Customs & Excise side, to infect the former Inland Revenue side of the HM Revenue & Customs mongrel Department.
If tax investigations (not drug smuggling) are on a scale and seriousness, so as to justify telephone intercepts and intrusive surveillance (i.e. legalised burglary into homes and offices to plant bugging devices), or to recruit Covert Human Intelligence informers, then surely the Serious Organised Crime Agency should be involved in a joint operation, and they can authorise and audit the necessary surveillance under RIPA ?
How can the Labour government justify allowing tens of thousands more faceless HMRC bureaucrats, to have access to our most sensitive personal data, through the most intrusive snooping powers, when they still have not restored any public confidence and trust following their appalling betrayal after the Child Benefit database scandal and other failed IT management and training privacy and security disasters ?
Remember that the Poynter Review and the Hannigan Review etc. etc. are being used as an excuse not to do anything effective about these scandals until after the May 1st 2008 Local Elections.
Comments
wtwu put these issues clearly into perspective when he responded in jan 07 to your blog re soca. Your continued ranting suggests that you have not read them or, more worryingly, don't understand them. HMRC's Criminal Investigation Directorate has used these powers more aggressively than all police forces in the past and continue to need them to to attack serious and organised criminals in the smuggling, duty, and tax fields that HMG knew they would continue to prosecute following the establishment of soca
Posted by: ACIO | February 27, 2008 5:56 PM
@ ACIO - what have the powers of intrusive surveillance against drug smugglers etc. got to do with snooping on individuals or companies regarding Tax collection or legal tax avoidance, which may not even be criminal matters, and which are not serious enough to meet the test of proportionality under RIPA i.e. likely to lead to a prison sentence of more than 3 years, for a first time offender, if convicted ?
What exactly is the point of having SOCA and the HMRC going after the same serious organised criminals ?
Why can they not cooperate on joint investigations as required, without giving potentially tens of thousands former Inland Revenue or Child Benefit Agency staff etc. intrusive surveillance, intercept and encryption key powers ?
The Government could have narrowly granted these powers to just the serious crime investigators, but by not doing so, they have further eroded public trust in HMRC and in the Government as a whole.
Posted by: wtwu | February 27, 2008 7:10 PM
I responded several days ago - why no posting?
Posted by: ACIO | February 29, 2008 2:25 PM
wtwu - On your 1st point - Absolutely nothing - but HMRC have some serious responsibilities on behalf of UK PLC.
The powers will only be used against serious organised criminals whose smuggling, tax and money laundering offences pass the 'serious crime' test. They will only be used by a very small number of trained and experienced officers in the Criminal Investigation area. This is a tiny % of HMRC staff and will not include the tens of thousands of people you mention nor the activities regarding general tax compliance.
SOCA and HMRC (and police forces)don't look at the same targets but obviously will, from time to time, attack the same individual. They will co-operate to ensure that the quickest and most effective way to prosecute that individual is taken.
Whether or not all of the former HMCE Investigation assets should have gone into the SOCA is a decision I cannot defend but Gordon Brown thought that the treasury should have the ability to tackle serious and organised crime which impacted on it's business areas.
Posted by: ACIO | February 29, 2008 2:50 PM