Section one Context A preventive approach is a broad one, whereby assessments of places of detention are informed by all aspects related to the deprivation of liberty. As an NPM, we engage in thematic work on systemic issues to ensure we are looking at the different factors that have an impact on an individual’s time in detention. Alongside their routine inspections looking into the treatment and conditions of people in custody, HMICS also conducts inspections that focus on the strategic aspects of police custody, for example leadership and training within staff teams, as well as how those delivering custody learn from complaints made. This allows HMICS to understand enabling or inhibiting factors to an environment where rights are respected. A wide-ranging perspective that looks across individual establishments, types of detention facilities and nations can more accurately identify factors that may cause harm or ill-treatment. Political context, policy and legislative developments Throughout the year the political discourse continued to be dominated by Brexit. The debate around leaving the European Union (EU) included a strong emphasis on ‘taking back control’ of aspects of migration policy currently determined by EU law. The government’s migration policy was placed under the spotlight as a result of the Windrush scandal, under which some longterm UK residents were wrongly deported or threatened with deportation by the Home Office. The government published a white paper on immigration in December 2018 stating an intention to bring immigration policy under UK law and institute a new border and immigration system to strengthen enforcement.9 This was criticised by some for its lack of strategic approach to immigration policy.10 The absence of a Northern Ireland Assembly and Executive since January 2017 meant that there was no new legislation, political scrutiny or oversight by a Minister of Justice or Committee for Justice or Minister of Health or Committee for Health of places of detention, the NPM or Criminal Justice Inspection Northern Ireland reports. For example, the Prisoner Ombudsman for Northern Ireland has not been placed on a statutory footing, despite the necessary primary legislation being in place.11 In addition, the implementation of the 9 HM Government, December 2018, The UK’s future skills-based immigration system, https://assets.publishing.service. gov.uk/government/uploads/system/uploads/attachment_data/file/766465/The-UKs-future-skills-based-immigrationsystem-print-ready.pdf [accessed 04/12/19] 10 Institute for Government, March 2019, Managing migration after Brexit, https://www.instituteforgovernment.org.uk/sites/ default/files/publications/IfG-Migration-After-Brexit_4.pdf [accessed 04/12/19] 11 The process for placing the office on a statutory footing progressed through the Northern Ireland Assembly and the Justice (No 2) Bill received royal assent on 12 May 2016. The underpinning Regulations could not be completed before dissolution of the Assembly on 26 January 2017. 15

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