CAT/OP/GBR/ROSP/1
line managed by civil servants of the Ministry of Justice, which also had operational
responsibility for most of the places monitored by the Independent Monitoring Boards. 20
41.
The Subcommittee recommends that the authorities of the United Kingdom
review the statutes of the Independent Monitoring Boards and the lay observers to
ensure their full independence and to prevent actual or potential conflicts of interest in
their roles within the national preventive mechanism.
42.
The Subcommittee reiterates that the independence of the national preventive
mechanism, both actual and perceived, should be fostered by a transparent process of
selection and appointment of members who are independent and do not hold a position that
could raise questions of conflict of interest.21 In that regard, the Subcommittee notes that the
Chief Inspector of Her Majesty’s Inspectorate of Prisons is appointed by the Secretary of
State upon recommendation from the Ministry of Justice. Given that the Inspectorate
functions as the coordinating body of the national preventive mechanism, the perceptions of
State involvement could be detrimental to the credibility of the whole mechanism. In the
view of the Subcommittee, this appointment by the executive branch creates a loophole that
calls for further reflection and strengthening of safeguards for independence.
43.
The Subcommittee calls upon the authorities of the United Kingdom to ensure
the functional independence of Her Majesty’s Inspectorate of Prisons and the
independence of its personnel through a transparent process of selection and
appointment of the Chief Inspector of the Inspectorate. The Subcommittee also
recommends that, in compliance with the Optional Protocol, the State party ensure that
members of the national preventive mechanism are independent and do not hold a
position that could raise questions of actual or perceived conflict of interest.
D.
Human and financial resources
44.
The Subcommittee was informed that some members of the national preventive
mechanism faced challenges with the budgets necessary to carry out their mechanism
functions. This was the result of a range of factors, including recent budget cuts, and budgets
for the mechanism’s work within the 21 bodies not being ring-fenced to carry out preventive
work and thus being allocated alongside competing priorities.
45.
Bearing in mind that the Optional Protocol is unequivocal on the need for the State
party to allocate specific resources to national preventive mechanism (art. 18 (1) and (3)), so
as to guarantee the operational independence of the mechanism,22 and that the Subcommittee
guidelines on national preventive mechanisms indicate explicitly that the mechanism should
enjoy complete financial and operational autonomy, 23 the Subcommittee recommends the
specific earmarked allocation of funds to the function of the mechanism for each of its
members.
46.
In addition, while noting that staffing for the national preventive mechanism
secretariat recently increased from two part-time roles to one part-time Head of Secretariat
and one full-time Assistant Coordinator, the Subcommittee believes that resources provided
to the secretariat remain insufficient, the more so considering the complex institutional
structure of the mechanism.
47.
The Subcommittee recommends that the State party increase the financial and
human resources of the national preventive mechanism secretariat, in order to
guarantee its independence, as per the Optional Protocol provisions.
20
21
22
23
Eighth Annual Report of the United Kingdom’s National Preventive Mechanism,
1 April 2016–31 March 2017, p. 58.
Guidelines on national preventive mechanisms, paras. 16 and 18.
Ibid., para. 8.
Ibid., para. 12.
9