National Preventive Mechanism Ninth Annual Report 2017–18 concerns, at our meeting the Minister indicated that he did not accept our criticism of the arrangements and the changes suggested in the review were implemented without taking our concerns on board (see attached letter of 13 February 2017). The nature of the devolved constitutional arrangements in the United Kingdom means that many of our members are created by, and subject to, separate legislation and amending that legislation is outside the competence of the Westminster Parliament. However, as far as we are aware, there has been no discussion with the devolved governments or parliaments about the changes that we have suggested. It is worth noting that we are continuing to discuss with Government officials what else could be achieved to recognise the NPM in the absence of any legislation. However, we believe that the absence of legislation setting out the OPCAT mandate and responsibilities of each of the designated organisations, specifically protecting their independence, is wrong in principle and does not comply with OPCAT itself or the SPT’s own guidelines. It is our view that in addition to recognising the specific NPM role of its members in their own originating legislation, the NPM as a co-ordinating entity led by an independent Chair needs to be recognised separately in statute. This is important for our role nationally and our reputation internationally. As you can see from the attached correspondence (our letter of 13 January 2017 and the reply 13 June 2017), the Government considers the arrangements for the UK NPM are already compliant with OPCAT. We understand that the SPT raised the need for a legislative basis for the UK NPM prior to its designation, and would welcome your specific advice on what, if anything, would be needed for the UK NPM to comply with OPCAT. The Government is aware that we are approaching you for advice and we have copied Ministry of Justice and Foreign and Commonwealth Office ministers and officials as well as representatives of devolved governments. Yours sincerely, John Wadham Chair of the UK NPM cc Dr Phillip Lee MP, Parliamentary Under Secretary of State for Youth Justice, Victims, Female Offenders and Offender Health 54