National Preventive Mechanism Fourth Annual Report 2012–13 • • • • • • • aircraft – in the meantime, any ad hoc techniques used should be subject to rigorous management scrutiny to ensure safety and proportionality and used only for specific and risk-assessed reasons a UK Border Agency representative should be present during departure from the centre to address any last-minute immigration queries escort staff should undertake regular refresher child protection training, which should be agreed with the Local Safeguarding Children Board detainees should be at the centre of staff attention throughout the removal process staff should not make personal calls or text while accompanying individual detainees detainees should not be subject to repeated searching or long waits on coaches outside terminals all detainees should be told in a language they understand that they can call a legal adviser or other key contacts detainees should have enough medication to last until such time that they can reasonably see a health care practitioner at their final destination. The UK NPM will continue to monitor the treatment of detainees being escorted overseas to ensure that they are being escorted safely and treated fairly under extremely difficult conditions, and ensure that recommendations are acted on. Submitting proposals and observations on legislation, OPCAT Article 19(c) In line with Article 19(c) of OPCAT, NPMs must have the powers to submit proposals and observations concerning existing or draft legislation. Over the year, NPM members have individually and collectively commented 22 on a number of policy and legislative proposals relating to treatment in, and conditions of detention in their respective jurisdictions. The NPM collectively submitted evidence to the Scottish Parliament Justice Committee’s call for evidence on the Police and Fire Reform (Scotland) Bill – Chapter 16 (Independent Custody Visiting). The implications of the reforms around independent custody visiting in Scotland for compliance with OPCAT warranted a joint response from the NPM. Individual NPM members have engaged in numerous policy and legislative processes, the main examples of which are set out as follows. • CSSIW has supported the Welsh Government’s Social Services and Wellbeing (Wales) Bill, introduced to the National Assembly for Wales on 28 January 2013, as it would give a stronger voice and real control to people using social care services. • MWCS facilitated consultations over the future of the mental health tribunal in a proposed new structure, and also submitted its own recommendations. These were accepted by the Scottish Government and are now in the bill passing through the Scottish Parliament. • MWCS also facilitated a review of the implementation of legislation allowing appeals against excessive security for people detained in hospitals other than the State Hospital. This led to proposals on which the MWCS has since offered its own comments. • The CI has been closely involved with the Scottish Government and partner agencies in looking at the structure of Community Justice in Scotland and how changes will be implemented.

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