National Preventive Mechanism Eighth Annual Report 2016–17 legislation. I understand that the SPT raised concerns about the UK’s early plans to designate an NPM without legislation, and so I believe that we could, properly, be strongly criticised for not having addressed this issue. In light of the above, I would like us to discuss these issues further at our next meeting. I think it would be helpful for us to develop a “roadmap” for the UK as the SPT suggested for the Netherlands, to make sure we can continue to enjoy our international standing and continue the efforts already made to strengthen our contribution to the prevention of ill treatment in detention. We obviously do not have control over when the SPT might choose to visit the UK but in any event I will, at some point, need to raise these issues directly with the SPT and with the United Nations Committee Against Torture in advance of the examination of the UK’s periodic report later this year. Regarding NPM legislation, I would like to propose the following: • A legislative opportunity to establish the mandate of the UK NPM and its independence should be identified and pursued (perhaps in the proposed Prisons Bill). At the same time, we should establish whether separate devolved legislation or a consent mechanism would be needed for devolved administrations. • This should include both the core NPM functions, and a duty on the named NPM members to cooperate with each other and with the NPM itself in performing the overall NPM role (with a power of the Secretary of State to add or remove members by statutory instrument); • Opportunities for individual NPM members to include their responsibilities under OPCAT by amendment in their legislation to be sought during the current Parliament; and • A recognition of HMI Prisons’ role under OPCAT be included in the Prisons Bill currently being drafted, which is particularly important for its own credibility given its coordination role for the NPM. As discussed at our last meeting, we plan to publish this letter when appropriate. I look forward to discussing with you soon, Yours sincerely, John Wadham Chair UK National Preventive Mechanism 80