National Preventive Mechanism Seventh Annual Report 2015–16
Political context, legislative and
policy developments
The UK’s general election on 7 May 2015
resulted in a return to power for the
Conservative government. In Scotland, the
Scottish National Party gained 50 new seats
in the Westminster parliament, winning all
but three constituencies.
At the State Opening of Parliament on
27 May, HM the Queen announced her
government’s legislative proposals, which
included plans to devolve wide-ranging
powers to Scotland and Northern Ireland,
and to renegotiate the country’s relationship
with the European Union.
The Queen also announced plans to bring
forward proposals for a ‘British Bill of Rights’
and to ‘improve the law on policing and
criminal justice’.22 It was subsequently
reported that a Bill of Rights would be
‘fast-tracked’ into law by the summer of
2016, with consultations starting in the
autumn of 2015, but to date no proposals
or consultation documents have been
published.
The year was notable for the number
of reviews underway or concluded that
examined aspects of detention policy
or practice, all of which led to significant
recommendations for change.
This was particularly evident with regard to
the issue of deprivation of liberty in health
and social care settings. In December 2015,
the Scottish government announced a
review of Adults with Incapacity Legislation
and deprivation of liberty, following on from
the Scottish Law Commission’s report of
October 2014.23
The Law Commission (England and Wales)
announced its own review of the law of
mental capacity and deprivation of liberty in
July 2015. This responded to the widespread
criticism of the Deprivation of Liberty
Safeguards (DoLS) for being overly complex
and excessively bureaucratic, as well as the
2014 Supreme Court case of P v. Cheshire
West and Chester Council which required far
greater numbers of people to be dealt with
under the DoLS system than previously.
In November 2015, Northern Ireland
Health Minister Simon Hamilton announced
significant changes to the structure and
governance of health services in Northern
Ireland, in response to the review of the
health service conducted by Sir Liam
Donaldson published earlier in the year. In
January 2016 an expert panel was set up to
‘lead the debate on the optimal configuration
of health and social care services in Northern
Ireland’.24
A significant milestone for policy relating to
immigration detention was the publication
in January 2016 of an independent review
into the welfare in immigration detention
of vulnerable persons, commissioned by
the Home Secretary and led by Stephen
Shaw, the former Prisons and Probation
Ombudsman.25 This review looked at Home
Office policies and operating procedures
that have an impact on the welfare
22. https://www.gov.uk/government/speeches/queens-speech-2015 [accessed 01/11/16].
23. http://www.gov.scot/Publications/2015/12/8931 [accessed 01/11/16].
24. https://www.health-ni.gov.uk/news/hamilton-appoints-expert-panel-lead-debate-delivering-world-class-health-and-socialcare [accessed 01/11/16].
25. https://www.gov.uk/government/publications/review-into-the-welfare-in-detention-of-vulnerable-persons [accessed
1/11/16].
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