Section four Appendices
Appendix II
Letter from NPM Chair John Wadham to Justice Select
Committee Chair, Sir Robert Neill
UK National Preventive Mechanism
c/o HM Inspectorate of Prisons
Clive House, 5th Floor
70 Petty France
London SW1H 9EX
Tel: 020 3334 0359
E-mail: Anna.Edmundson@hmiprisons.gov.uk
1 August 2018
Dear Mr Neill
UK National Preventive Mechanism (NPM)
You will remember that last year the NPM submitted written evidence to the Justice Select
Committee’s inquiry on prison reform. In that evidence, we raised our concerns about the
lack of separate legislation for the UK NPM and, in particular, the 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 the Optional Protocol to the United Nations
Convention against Torture (OPCAT).
I was therefore grateful that the Justice Committee, in its Report on prison reform (which
scrutinised the provisions in Part 1 of the Prisons and Courts Bill), recommended the
opportunity should be taken to place the NPM “on a definitive statutory basis, in accordance
with the UK’s international obligations as a party to OPCAT” should legislation on prison
reform be brought forward. It was disappointing that opportunity was lost when government
did not re-introduce such legislation. Nonetheless, the NPM has continued working towards
improved recognition of its independence, and I am therefore writing to update you on
recent developments that have taken place.
The position in relation to enacted legislation remains as it was when the Justice Committee
was examining this issue: only two of the 21 members of the NPM (both based in Scotland)
have any reference to OPCAT written in to their legislation. As a result, the lack of formal
legislative recognition of the independence and OPCAT role of the NPM collectively and of its
individual members has remained a key challenge for the NPM.
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