National Preventive Mechanism Ninth Annual Report 2017–18
concerns, at our meeting the Minister indicated that he did not accept our criticism of the
arrangements and the changes suggested in the review were implemented without taking
our concerns on board (see attached letter of 13 February 2017).
The nature of the devolved constitutional arrangements in the United Kingdom means that
many of our members are created by, and subject to, separate legislation and amending that
legislation is outside the competence of the Westminster Parliament. However, as far as
we are aware, there has been no discussion with the devolved governments or parliaments
about the changes that we have suggested.
It is worth noting that we are continuing to discuss with Government officials what else
could be achieved to recognise the NPM in the absence of any legislation. However, we
believe that the absence of legislation setting out the OPCAT mandate and responsibilities
of each of the designated organisations, specifically protecting their independence, is wrong
in principle and does not comply with OPCAT itself or the SPT’s own guidelines. It is our view
that in addition to recognising the specific NPM role of its members in their own originating
legislation, the NPM as a co-ordinating entity led by an independent Chair needs to be
recognised separately in statute. This is important for our role nationally and our reputation
internationally.
As you can see from the attached correspondence (our letter of 13 January 2017 and the
reply 13 June 2017), the Government considers the arrangements for the UK NPM are
already compliant with OPCAT. We understand that the SPT raised the need for a legislative
basis for the UK NPM prior to its designation, and would welcome your specific advice on
what, if anything, would be needed for the UK NPM to comply with OPCAT. The Government
is aware that we are approaching you for advice and we have copied Ministry of Justice
and Foreign and Commonwealth Office ministers and officials as well as representatives of
devolved governments.
Yours sincerely,
John Wadham
Chair of the UK NPM
cc Dr Phillip Lee MP, Parliamentary Under Secretary of State for Youth Justice, Victims,
Female Offenders and Offender Health
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