National Preventive Mechanism Ninth Annual Report 2017–18 various working groups to take issues forward, and the MWCS will be involved in these groups.28 In addition, MWCS published a monitoring report on the use of the MHA in the last 10 years, highlighting a consistent rise in the use of detention, and a concerning recent sharp increase in emergency detention. A number of further publications focused on ensuring that human rights are respected at various stages in the care pathway in acute mental health settings, including Rights in Mind – a pathway to patients’ rights in mental health services,29 Human rights in mental health service,30 and a series of videos relating to rights in practice. In addition, it published a report entitled The Right to Advocacy,31 following a review of how local authorities and health boards in Scotland meet their duty to ensure the availability of independent advocacy services for people with mental illness, learning disability, or related conditions. Submitting proposals and observations The NPM Secretariat and individual members of the NPM work actively to strengthen government policy that is relevant to detention and to the exercise of NPM powers. This year, involvement in consultations and the development of government policy included the following: • In January 2018, the NPM Chair wrote to the Chair of the Independent Review of the Mental Health Act 1983 (Professor Sir Simon Wessely) raising concerns about the quality of data on mental health detention and sharing the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment’s (CPT) recommendations for improving safeguards for patients to prevent ill-treatment. A follow up letter was sent in March 2018 to highlight the transitions and pathways work completed by the NPM. • The NPM and HMI Prisons made a joint submission to the Council of Europe in relation to its draft Codifying Instrument of European Rules on the Administrative Detention of Migrants. • CI made a number of submissions throughout the year, including to Scottish Government consultations on the Draft Police Act 1997 and Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2018, a draft strategy for preventing and eradicating violence against women and girls, and proposals for reform of the Adults with Incapacity (Scotland) Act 2000. Responses were also submitted to a parliamentary consultation on a proposed Children (Equal Protection from Assault) (Scotland) Bill and Police Scotland’s consultation on the Annual Police Plan 2018/19. In addition, CI provided oral evidence to the Equalities and Human Rights Committee of the Scottish Parliament as part of its inquiry 28 Visit and Monitoring Report: Medium and low secure forensic wards, available at https://www.mwcscot.org.uk/ media/385624/medium_and_low_secure_forensic_wards.pdf, accessed 9 July 2018. 29 Rights in mind, available at https://www.mwcscot.org.uk/media/367147/rights_in_mind.pdf, accessed 9 July 2018. 30 Good Practice Guide: Human Rights in Mental Health Services, available at https://www.mwcscot.org.uk/media/369925/ human_rights_in_mental_health_services.pdf, accessed 9 July 2018. 31 Visit and Monitoring Report: The Right to Advocacy, available at https://www.mwcscot.org.uk/media/395529/the_right_ to_advocacy_march_2018.pdf, accessed 9 July 2018. 24