British Broadcasting Corporation Room BC2 A4 Broadcast Centre White City Wood Lane London W12 7TP
Telephone 020 8008 2882 Email xxx@xxx.xx.xx
Information Rights
bbc.co.uk/foi
bbc.co.uk/privacy
M Dann
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
6 April 2020
Dear Sir/Madam
Request for Information – RFI20200312
Thank you for your request to the BBC of 24th February 2020 under the Freedom of Information
Act 2000 (‘the Act’) for the following information:
“As mentioned in RFI20192062.
8.2
Detection will be carried out in accordance with the BBC Policy on the Authorisation and
Operation of Detection Equipment under the Regulation of Investigatory Powers Act 2000.
Could I please have a copy of the above policy, namely the "BBC Policy on the Authorisation and
Operation of Detection Equipment under the Regulation of Investigatory Powers Act 2000.”
Please note that “TV Licensing” is a trade mark used by companies contracted by the BBC to
administer the collection of television licence fees and enforcement of the television licensing
system. The majority of the administration of TV Licensing is contracted to Capita Business
Services Ltd (‘Capita’). Over-the-counter services are provided by PayPoint plc (‘PayPoint’) in the
UK, and by the Post Office in the Isle of Man and Channel Islands. Target Group (‘Target’) is the
supplier for the Simple Payment Plan trial. Marketing and printing services are contracted to
Proximity London Ltd. Media services are contracted to Havas Media Limited. The BBC is a public
authority in respect of its television licensing functions and retains overall responsibility.
I am providing you with the current version of the policy you have requested. Please note that
some parts of this document are redacted because it is our view that they are exempt under
sections 31(1)(a), (b), (d) and (g) and (2)(a) of the Act which relate to law enforcement; specifically
that disclosure would, or would be likely to, prejudice the prevention or detection of crime, the
apprehension or prosecution of offenders, the collection of the licence fee and the BBC’s ability to
discharge its public functions in respect of such matters.
I can confirm under section 1(1) of the Act that we hold recorded information relevant to these
parts of your request. However, we consider that this information is exempt from disclosure
under section 31(1)(a), (b), (d) and (g) and (2)(a) of the Act which relates to law enforcement; i.e.
that disclosure would, or would be likely to, prejudice the prevention or detection of crime, the
collection of the licence fee and the BBC’s ability to discharge its public functions in respect of
such matters. This is because such information would be of use to those considering evading
paying the licence fee and/or assist others in evading paying the licence fee.
I am satisfied in terms of section 2(2) of the Act that in al the circumstances of the case, the public
interest in maintaining the exemptions outweighs the public interest in disclosing the information. I
have provided further explanation of my consideration of the public interest test in the section
‘Why information has been withheld’ below.
Why information has been withheld I am required under section 2(2) of the Act to assess whether the public interest in maintaining
the exemptions outweighs the public interest in disclosing the information. At the outset, we
would like to note that it is likely to be only in the most exceptional circumstances that it will be
appropriate to prejudice the discharge of a legal duty.
The BBC accepts that there is always a public interest in transparency, accountability and public
understanding in respect of TV Licensing’s operations. In this particular case the following factors
are in favour of disclosure:
1. ensuring that the licensing authority is exercising its functions appropriately and
proportionately;
2. that public funds are being appropriately applied, and specifically that:
a.
the TV Licensing system is being efficiently run; and
b.
value for money is being obtained.
However, I consider that the above public interest factors in favour of disclosure are adequately
addressed by the fol owing:
1. The substantial amount of information which the BBC publishes about TV Licensing’s
operations in its Annual Report and Accounts; on TV Licensing’s website
(www.tvlicensing.co.uk); in TV Licensing’s Annual Review publications (
www.tvlicensing.co.uk/about/our-performance-AB6); and in the National Audit Office’s
annual Licence Fee Settlement Statement released at the end of each financial year.
2. The BBC Board is specifical y tasked under Article 20(7) of the BBC Charter with ensuring
that the arrangements for the collection of the Licence Fee are efficient, appropriate and
proportionate.
2
link to page 3
3. TV Licensing’s functions are subject to external review through reports of the Comptroller
and Auditor General to the House of Commons and directions given by the Treasury.
4. The BBC is required to satisfy the NAO as to the value for money of the collection and
enforcement arrangements and is accountable for the economy, efficiency and effectiveness
of such arrangements. NAO's most recent audit is published at
www.nao.org.uk.
5. The BBC is subject to the independent oversight of the Investigatory Powers
Commissioner’s Office in respect of its use of detection.
6. The BBC has reduced the cost of collection from 6.2% of the total licence fee collected in
1991/2, when it took over this responsibility from the Home Office, to below 3% for the
financial year 2018/19. This demonstrates that the TV Licensing system is being efficiently
run.
In addition, the fol owing factors are in favour of withholding the information:
1. The BBC has a duty to enforce the television licensing system and it is essential that
opportunities are not provided to potential or actual evaders to escape detection or
prosecution. There is a strong public interest in ensuring that information which prejudices
law enforcement is not disclosed.
2. There is a strong public interest in the BBC being able to collect all the licence fee money
to which it is entitled to enable the BBC to provide the public with services that
encompass its public mission to inform, educate and entertain.
3. Part of keeping evasion to a minimum is maintaining uncertainty as to TV Licensing’s
enforcement practices. This uncertainty contributes to the deterrent effect which is an
important part of TV Licensing’s enforcement strategy
1.
4. There is a strong public interest in ensuring the voluntary compliance with the licence fee
regime. Without an effective deterrent to licence fee evasion, evasion would invariably
increase. This would be to the detriment of the honest majority of people who are
properly licensed, and who should not have to pay any more than is strictly necessary to
ensure the compliance of those who deliberately evade paying the licence fee.
5. An increase in the rate of licence fee evasion would lead to an increase in enforcement
costs and may lead to more prosecutions. There is a strong public interest in ensuring that
the BBC can keep enforcement costs to a minimum, because any increase in enforcement
costs will lead to a decrease in the funds available for producing the BBC’s content.
1 The Information Commissioner has acknowledged in his Decision Notice
FS50476136 that there is a very strong
public interest in the BBC being able to enforce the television licensing system and in not disclosing information which
could impede the deterrent effect.
3
Appeal Rights
If you are not satisfied that we have complied with the Act in responding to your request, you
have the right to an internal review by a BBC senior manager or legal adviser. Please contact us at
the address above, explaining what you would like us to review and including your reference
number. A request for an internal review must be made within 40 working days of receiving the
BBC’s response to your original request.
If you are not satisfied with the internal review, you can appeal to the Information Commissioner.
The contact details are: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF, Tel: 0303 123 1113 or see
https://ico.org.uk/. Yours sincerely
Rupinder Panesar
Freedom of Information Advisor, TV Licensing Management Team
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