National Preventive Mechanism Tenth Annual Report 2018–19 We continue to believe the absence of legislation setting out the OPCAT mandate and responsibilities of each of the designated organisations, 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 have therefore again raised this issue with the Ministry of Justice (correspondence attached), with the support of the SPT (correspondence also attached). In parallel with our efforts to guarantee the independence of the NPM through specific legislation, we have asked the Ministry of Justice to implement other measures to strengthen the NPM. In our view, these measures would be interim steps towards, not in place of, legislation. One of the options being discussed is a Protocol between the Ministry of Justice and the Chair of the NPM (modelled on the Protocol between HM Inspectorate of Prisons and the Ministry of Justice that was adopted last year and which your Committee was integral to delivering). There has been some progress towards this, with the Ministry completing a first draft. However, a number of key areas, including those relating to the independence of the NPM and a road-map towards legislation (either within the Protocol itself or in Written Ministerial Statement), are yet to be agreed I would welcome the opportunity to discuss this further with yourself and the Committee and would be available to meet you at your convenience. As always, if there is any other information that would be of use to 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 Encs. cc Dominic Lake, Deputy Director, Human Rights & Intergovernmental Relations, Ministry of Justice 60