National Preventive Mechanism Tenth Annual Report 2018–19 The NPM itself has neither been recognised nor set up as an independent institution by legislation and has no legal identity. It was only in 2015 that the members of the NPM themselves decided to create a distinct role for the Chair of the NPM, independent of the other members of the NPM, and selected and appointed a Chair but without any support from the UK Government. As result, the Chair, like the NPM itself, is not recognised in legislation (nor given any of the required powers, immunities or status). I strongly believe there is a need for separate legislation for the UK NPM and, in particular, a need to guarantee the independence of the NPM itself and to recognise the importance of NPM members’ work to prevent ill treatment of detainees under OPCAT. The absence of legislation setting out the OPCAT mandate and responsibilities of each of the designated organisations (and specifically protecting their independence) does not comply with OPCAT or the guidelines from the expert body set up by the UN to advise on implementation - the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT). 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 for our reputation internationally. I continue to raise this issue with the Ministry of Justice and we will be raising it with the UN Committee against Torture as they consider the UK Government’s track record on compliance with the Convention against Torture in May 2019. I would welcome the opportunity to discuss this further with you would be available to meet you at your convenience. As always, if there is any other information that would be of use to you or the Committee from myself or the NPM Secretariat, please do not hesitate to let me know. Yours sincerely, John Wadham Chair UK National Preventive Mechanism 58