CAT/OP/GBR/ROSP/1 23. The mechanism’s annual report is presented to Parliament by the Lord Chancellor and Secretary of State for Justice. B. Legislative basis 24. While each of the 21 bodies has a legal basis of its own, 5 the national preventive mechanism as a collective entity does not have a separate legal basis in the United Kingdom. Indeed, no legislation or other formal document or process was created or enacted to establish the mechanism, and to date, the ministerial statements of 2009 to Parliament constitute the only basis for the mechanism’s designation. Furthermore, only 2 of the 21 members of the mechanism have a specific reference to their mandate pursuant to the Optional Protocol written into legislation that created them.6 25. This lack of a formal legislative text establishing the national preventive mechanism has long been a matter of concern to the Subcommittee. The Subcommittee’s unequivocal view is that the situation of the mechanism in United Kingdom remains precarious as it is not underpinned by a clear legislative basis. It is vital that the law specify the roles and responsibilities of the mechanism, in particular taking into account the complexity of the model chosen by the United Kingdom to fulfil the mechanism’s mandate. In that context, the Subcommittee notes with appreciation the proactive pursuit of legislative changes by the mechanism itself. 7 Recently, the Committee against Torture also recommended that the United Kingdom set out in legislation the mandate and powers of the secretariat and members of the mechanism and guarantee their operational independence.8 26. The Subcommittee is also concerned that the statutes of the individual members of the national preventive mechanism do not specifically mention their mandates pursuant to the Optional Protocol. As a result, the specific mechanism-related activities are not necessarily given the proper importance when members are working within their statutory mandates. The Subcommittee welcomes the dialogue between the Ministry of Justice and the mechanism on the draft protocol that would include provisions for the mechanism to issue statutory guidance with regard to amendments of the statutes of the member organizations. The Subcommittee notes, however, that the elaboration of the Protocol cannot be a substitute for a proper legislative basis for the national preventive mechanism. 27. Given the scale and multibody complexity of the mechanism, the coordination function is essential to the implementation of the Optional Protocol. However, the lack of mechanism legislation also means that the Chair of the mechanism has no official legal status, job description, powers or immunities, and is thereby prevented from fully discharging the mechanism’s obligations under the Optional Protocol. Similarly, the functions and crucial coordinating role of the secretariat also need to be recognized in legislation. 28. The Subcommittee urges the United Kingdom to provide its national preventive mechanism with a formal legislative basis9 containing a clear definition of its powers, functions, roles and responsibilities as soon as possible, in order for the State party to comply with its international obligations under the Optional Protocol. In addition, an explicit reference to the mechanism’s mandate and responsibilities under the Optional Protocol should be incorporated into the statutes of its members, in order to comply with the provisions of the Optional Protocol and with the State party’s international obligations. 5 6 7 8 9 6 See www.nationalpreventivemechanism.org.uk/members/. The Police and Fire Reform (Scotland) Act 2012 refers explicitly to the Subcommittee and the Optional Protocol (sects. 93–96). The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 introduces references to the Subcommittee and the Optional Protocol into the Prisons (Scotland) Act 1989. For instance, the Chair of the national preventive mechanism provided written and oral evidence to the Justice Committee’s inquiry on prison reform in January 2017, noting that the failure to provide a legislative basis for the national preventive mechanism was in violation of the requirements of the Subcommittee. CAT/C/GBR/CO/6, para. 17. Guidelines on national preventive mechanisms, para. 7.