Written question asked by William Cash (Conservative) on Thursday, 5 February 2009, in the House of Commons. It was due for an answer on Monday, 9 February 2009. It was answered by Lord Coaker (Labour) on Wednesday, 29 April 2009 on behalf of the Home Office.

House of Commons: Right of Search

Question: To ask the Secretary of State for the Home Department who authorised the covert recording of discussions between police officers and the hon. Member for Ashford at and around the time of his arrest on 27 November 2008; and what the basis in law for such authorisation was.

Answer: Matters of this sort are operational policing issues and not for the Secretary of State.Where the police wish to carry out covert recording as part of an operation and the covert recording is likely to result in the obtaining of private information it would require a directed surveillance authorisation under RIPA.This must be authorised by a superintendent. Where the covert recording occurs in domestic premises or a private vehicle it is intrusive surveillance and would require an authorisation by a chief constable and prior approval by an independent Surveillance Commissioner.

Secondary information