Section one Context
A preventive approach is a broad one,
whereby assessments of places of detention
are informed by all aspects related to
the deprivation of liberty. As an NPM, we
engage in thematic work on systemic issues
to ensure we are looking at the different
factors that have an impact on an individual’s
time in detention. Alongside their routine
inspections looking into the treatment and
conditions of people in custody, HMICS
also conducts inspections that focus on
the strategic aspects of police custody, for
example leadership and training within staff
teams, as well as how those delivering
custody learn from complaints made. This
allows HMICS to understand enabling or
inhibiting factors to an environment where
rights are respected. A wide-ranging
perspective that looks across individual
establishments, types of detention facilities
and nations can more accurately identify
factors that may cause harm or ill-treatment.
Political context, policy and
legislative developments
Throughout the year the political discourse
continued to be dominated by Brexit.
The debate around leaving the European
Union (EU) included a strong emphasis on
‘taking back control’ of aspects of migration
policy currently determined by EU law.
The government’s migration policy was
placed under the spotlight as a result of the
Windrush scandal, under which some longterm UK residents were wrongly deported
or threatened with deportation by the Home
Office. The government published a white
paper on immigration in December 2018
stating an intention to bring immigration
policy under UK law and institute a
new border and immigration system to
strengthen enforcement.9 This was criticised
by some for its lack of strategic approach to
immigration policy.10
The absence of a Northern Ireland Assembly
and Executive since January 2017 meant
that there was no new legislation, political
scrutiny or oversight by a Minister of Justice
or Committee for Justice or Minister of
Health or Committee for Health of places
of detention, the NPM or Criminal Justice
Inspection Northern Ireland reports. For
example, the Prisoner Ombudsman for
Northern Ireland has not been placed on
a statutory footing, despite the necessary
primary legislation being in place.11 In
addition, the implementation of the
9
HM Government, December 2018, The UK’s future skills-based immigration system, https://assets.publishing.service.
gov.uk/government/uploads/system/uploads/attachment_data/file/766465/The-UKs-future-skills-based-immigrationsystem-print-ready.pdf [accessed 04/12/19]
10
Institute for Government, March 2019, Managing migration after Brexit, https://www.instituteforgovernment.org.uk/sites/
default/files/publications/IfG-Migration-After-Brexit_4.pdf [accessed 04/12/19]
11
The process for placing the office on a statutory footing progressed through the Northern Ireland Assembly and the Justice
(No 2) Bill received royal assent on 12 May 2016. The underpinning Regulations could not be completed before dissolution
of the Assembly on 26 January 2017.
15
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