National Preventive Mechanism Fourth Annual Report 2012–13
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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
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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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