Section two The NPM in 2018-19
NPM objectives
Each year, the NPM agrees a business plan
to guide the work we do and ensure we
meet the requirements of OPCAT. In 2018–19
the NPM worked to four objectives, to:
• w
ork together as members of the NPM
to strengthen the protection of those in
detention in the UK
• ensure every NPM member delivers its
own responsibilities under OPCAT
• build an NPM that is effective in delivering
all the requirements of OPCAT
• increase the visibility and awareness of
the NPM’s role in prevention, OPCAT, the
prohibition of ill-treatment in detention
and the Convention Against Torture.
Strengthening the NPM
Lack of statutory framework
We remain concerned that the NPM is still
not provided for in legislation. We sought to
address the lack of formal legal recognition
of the independence and role of the NPM
collectively and of its 21 individual members
in 2018–19, but we were disappointed by
the lack of action by the government to
address this significant failing.
The NPM wrote to the Joint Committee
on Human Rights and the Justice Select
Committee, who have, in the past, called
for the NPM to be placed on a statutory
footing.98 We sent a letter to Harriet
Harman (See Appendix I), Chair of the Joint
Committee on Human Rights, in September
98
2018. In the letter we highlighted that the
absence of legislation for the NPM fails to
meet the requirements of OPCAT.
The NPM also wrote to Bob Neill, Chair of
the UK Parliament’s Justice Select Committee,
in August 2018 (See Appendix II). Our
letter welcomed the Justice Committee’s
recommendation to government that the
NPM be placed on a definitive statutory
basis should legislation on prison reform be
brought forward.99 We were pleased that
the Justice Committee’s ‘Prison Population
2022’ report, published in April 2019, made
a further recommendation to strengthen the
statutory foundations of the NPM.100
MoJ/NPM Protocol
The MoJ and NPM agreed that it would be
useful to draft a Protocol. The NPM considers
this an interim step towards, not in place of,
legislation for the NPM. Progress towards
finalising the protocol has been made during
the year. The Protocol will set out, at a high
level, the role of the MoJ and NPM in relation
to OPCAT, as well as arrangements regarding
the membership, governance, budget and
structure of the NPM.
Funding
We are pleased that after submitting a
funding proposal to the Scottish Government
in July 2018 we secured funding to provide
for a part-time Scottish NPM assistant
coordinator, who took up post in late 2019.
Justice Committee, April 2017, 14th Report – Prison Reform: Part 1 of the Prisons and Courts Bill, Topical Questions, 25 April 2017,
Hansard Volume 624, https://publications.parliament.uk/pa/cm201617/cmselect/cmjust/1150/1150.pdf [accessed 13/01/20]
99 Ibid
100 Justice Committee, April 2019, 16th Report – Prison population 2022: planning for the future, https://publications.
parliament.uk/pa/cm201719/cmselect/cmjust/483/483.pdf [accessed 05/12/19]
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