National Preventative
Preventive Mechanism
MechanismAnnual
Annual
Report
Report2009–10
2009–10
Challenges
As with any other newly designated NPM,
the NPM in the UK faces several challenges
in fulfilling its functions. Many of the
challenges faced by the UK NPM relate to its
structure – notably its size and complexity.
The UK is not unique in having an NPM made
up of several bodies, but it does appear to
be unique in having quite so many. With
18 bodies (so far), it is perhaps inevitable
that the members may have a different
understanding of OPCAT and how best it
can be implemented. They may also have
different views on the coordination role
performed by HMIP and how extensive this
should be. The NPM in the UK is made up of
a range of organisations: they visit different
types of detention; they operate under
different legal frameworks; and, importantly,
they work in different jurisdictions within
the UK, including different political contexts.
Furthermore, membership of the NPM is not
final and additional bodies may be added
as gaps in coverage are identified and
addressed.
With the views of 18 bodies to consider,
coordinated activity of the NPM could prove
challenging. There may be different ideas
about what collective work should take place
and, even where agreement is reached,
plans may be tempered by more practical
issues such as capacity and resources. This
may be a particular issue for the lay bodies
within the NPM, so thought is given to how
to support them to take part in coordinated
activities. On behalf of the NPM, HMIP
has requested additional resources for its
coordination role, but is aware that the
request has been made at a time when the
government faces severe financial pressures.
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When the government assigned the
coordination role to HMIP, little guidance was
given on what this may involve. During the
designation process, concern was expressed
that granting the coordination role to one
body could place it in a more powerful
position than the other members. If the NPM
members could not reach agreement about
an issue, would the coordinating body be
able to dictate a particular course of action?
Fortunately, the members have so far been
able to operate on a consensus basis, but the
issue remains unresolved.
For some members, monitoring places of
detention is just one part of a much wider
regulatory or inspection role. They may find
it difficult to sufficiently prioritise visits to
places of detention when there are other
calls on their resources, particularly in the
current financial climate. Designation as a
member of the NPM may result in a greater
emphasis on monitoring detention but it
should be noted that, generally, members
have not been given additional resources to
do this.
Many of the members of the NPM are
adept at dealing with their external
stakeholders and involving them in their
work. Nonetheless, thought needs to be
given to those outside the mechanism who
are interested in the work of the NPM as a
whole. The NPM should form relationships
with the SPT and other international bodies,
as well as civil society. A particular challenge
is that the composition of the NPM in the UK
is likely to be confusing to outsiders.
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