Response to consultation on changes to bodies granted investigatory powers
Updated 3 April 2024
Background
Although there is no statutory duty to consult on an Order made under section 453 of POCA, the Home Office published a public consultation to seek views on the inclusion of five additional organisations.
The consultation ran from 7 December 2022 to 1 March 2023 and was open to the public and targeted at individuals, businesses and organisations in England, Wales and Northern Ireland.
It sought views on six types of investigative power for the following organisations:
- Security Industry Authority
- Food Standards Agency
- Environment Agency
- Public Sector Fraud Authority
- Department for Work and Pensions
Responses and outcome
Responses were received from five individuals, primarily from bodies with AFI powers, or to be granted AFI powers.
The majority of responses agreed or strongly agreed that the bodies in the consultation should be granted the powers listed in the consultation.
Two police forces saw the powers as especially required for the Public Sector Fraud Authority (Cabinet Office) which will need the powers to support its functions as a law enforcement agency and support an enhanced public sector response to fighting fraud.
One dissenting view was received, which came from a member of the public who saw one organisation as better as it was without the new powers. However, no detail was provided on the rationale for objecting so we cannot articulate their concerns further.
Following the public consultation, the Home Office decided to include the five organisations in an order made on 25 March 2024. The order comes into force on 26 April 2024.