National Preventive Mechanism Ninth Annual Report 2017–18
This recommendation was not accepted
and the Bill was subsequently withdrawn
following the announcement of a General
Election and the dissolution of parliament on
3 May 2017. The government subsequently
confirmed that it would not reintroduce the
Bill in the new parliament.
In June 2017, the acting Director General of
Justice and Courts Policy Group replied to the
NPM Chair’s letter of January 2017. This letter
confirmed that the position of the MoJ was
that the NPM complies with the requirements
of OPCAT without the need for a legislative
basis.45 In light of this, the NPM wrote to the
SPT seeking its advice on the lack of legislative
basis for the NPM and what is required for
compliance with OPCAT.46 The SPT replied
to this letter in January 2018, confirming the
view of the NPM that OPCAT requires it to be
placed on a clear legislative basis and noting
that the SPT would welcome the opportunity
to clarify its position with the UK government
at the earliest opportunity.47 Following this,
the NPM has encouraged the UK government,
through the MoJ, to meet with the SPT to
discuss the requirements of OPCAT.
Alongside efforts to secure a statutory
footing, the NPM has continued to meet
with officials from the MoJ to discuss
other opportunities to strengthen the
independence of the NPM and to raise
awareness about its role. These meetings
resulted in a commitment from the MoJ
to develop a protocol between the NPM
and the MoJ, setting out guarantees of
independence for the NPM and its powers
under OPCAT. The NPM has made it clear
that this is an interim step to recognition
in legislation. It was also welcome that
the MoJ committed to hosting (alongside
the Foreign and Commonwealth Office) a
meeting with key government stakeholders,
devolved administrations and NPM members
to develop awareness of the NPM, its role
and to strengthen relationships between
these different stakeholders. This event is
expected to take place in 2018–19.
The NPM Secretariat sought additional
funding from the MoJ to undertake the
work required to ensure it can fulfil its
OPCAT mandate. This request was not met.
In addition, towards the end of the year,
several members of the NPM reported
that they would be required by the UK
Government to make cuts to their budgets
for 2018–19.
In addition to work to strengthen its
independence, the NPM has continued work
to strengthen its inspection and monitoring
practices. As in the previous year, the NPM
and its members worked with Professor
Rachel Murray and Dr Judy Laing from the
Human Rights Implementation Centre at
Bristol University on two projects. The
first project aims to examine the extent
of compliance of the lay visiting schemes
within the NPM with OPCAT. It is hoped that
the results of this project will be published in
the coming year. As noted above, the second
project relates to identifying and reporting
incidents of ill-treatment in detention.
45
The letter is available at https://s3-eu-west-2.amazonaws.com/npm-prod-storage-19n0nag2nk8xk/uploads/2018/02/
Response-from-Scott-McPherson-to-JW-re-NPM-independence-1306170.pdf, accessed 19 July 2018.
46
See Appendix III of this report.
47 Ibid.
38
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