BBC could lose right to spy on the British public: Inquiry ordered into use of covert monitoring of those who do not pay them

  • BBC admits using RIPA legislation brought in to combat terrorism against non-licence payers.
  • inquiry into whether evasion should be decriminalised concludes next June.
  • Almost 200,000 people are prosecuted a year for non-payment – one in nine of all lower court cases.

The BBC could lose its right to spy on licence fee dodgers, the Culture Secretary warned yesterday.

Sajid Javid said he had ordered an independent inquiry into the corporation’s use of covert surveillance operations on those it thinks have not paid the £145.50.

Although the BBC has admitted using the hugely controversial Regulation of Investigatory Powers Act – designed by the last Labour government to help fight terrorism and organised crime – it has refused to say in what way, when and how often.
 

Rona Fairhead, the new chairman of the BBC Trust

Appearing before the Commons culture, media and sport committee, Mr Javid was asked whether he felt it was ‘appropriate’ for the corporation to use RIPA powers.

He replied: ‘This whole issue of people who aren’t paying the BBC licence fee, how do you go after them and get them to pay, needs to be looked at very carefully.

‘And that’s exactly why I set up this review which is an independent review.’

The inquiry, which will be led by leading barrister David Perry, will conclude next June.

Its primary purpose is to investigate whether evasion should be decriminalised following concern at the number of convictions. Almost 200,000 people are prosecuted a year – one in nine of all lower court cases.

Many get penalties of up to £1,000 and a criminal record.

Mr Javid said: ‘When the licence fee was put in place it was a long, long time ago and some people argued that you needed to have criminal sanctions because there is no way to cut off someone if they don’t pay their fee in the way you can cut off someone’s electricity supply. But clearly times have changed.

‘Technology has moved on. Also there is a question of fairness – 50 people went to jail for not paying their licence fee. I think this raises considerable concerns.’

Tory MP John Whittingdale, who chairs the culture committee, said there were ‘big question marks’ over the BBC’s use of RIPA powers.

He added: ‘The problem is, the BBC won’t tell us how it is being used, or in what circumstances. That means we can’t be sure it is being used properly.

‘This legislation was designed to fight terrorism and organised crime. I can’t imagine it was intended for people who don’t pay their TV licence.’