members in May 2013 identified that
eight NPM members used secondees in
fulfilling their NPM mandate. It should
be noted that the powers and scope of
some NPM members are much broader
than their OPCAT functions, and so they
may employ secondees for work that is
not related to their NPM activities.
5. At the same time as ensuring that their
staff are fully independent, OPCAT also
requires that the NPM ensures that its
staff hold sufficient technical expertise,
capabilities and professional knowledge
to fulfil their mandate (SPT Guidelines
para.20).
6. The NPM business meeting in October
2013 agreed the broad outline of a
response to the UN Committee against
Torture, and that the steering group
should draft a response reflecting
members’ comments and circulate that
for agreement. This was done and the
NPM letter sent to the UN Committee
against Torture in March 2014 (Annex
B). Based on this agreed position, which
also received broad support from those
attending the NPM 'Five years on'
conference in April 2014, the steering
group agreed at its meeting in May
2014 that the guidance below should be
recommended to the June 2014 business
meeting for adoption.
The guidance
7. Noting the recommendation of the
UN Committee against Torture and the
unique composition of the UK NPM,
NPM members have agreed to work
progressively towards a reduction in
their reliance on seconded staff for
NPM work. Until this is achieved, and
in the cases where it is ultimately not
74
possible, NPM members will implement
procedures to avoid conflicts of
interest as a safeguard to preserve the
independence of the NPM. To achieve
this, they will work to establish a clearer
delineation of staff assigned to NPM
work, particularly among members
whose work extends beyond the NPM
mandate.
8. This guidance applies to all NPM
members and guides their practice in
relation to seconded staff, preventing
conflicts of interest, and safeguarding
the independence of personnel. Its
provisions should be incorporated as
appropriate into staff handbooks and
other internal policies.
9. NPM members will aim to clearly
identify which of their staff are
involved in NPM work, and will consider
locating them within a separate unit or
department (SPT Guidelines para.32).
The identification of NPM staff will
encompass a broad understanding of
how the NPM mandate is fulfilled, to
include both frontline and support staff.
10. The NPM as a whole commits to
reducing its reliance on seconded staff
for NPM activities, and to tracking and
accounting for progress over time.
11. The hiring of any new secondees for
NPM work will be avoided where
possible, unless the knowledge and
expertise the individual brings to
the NPM member cannot be found
elsewhere. Where this is the case, all
recruitment processes will be open,
transparent and inclusive, and in
accordance with published criteria (SPT
Guidelines para. 16).
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