National Preventive Mechanism Sixth Annual Report 2014–15
setting out the NPM’s work to reflect on
its first five years, and its self-assessment
methodology and process were published
during the year and have been disseminated
widely among the NPM’s stakeholders,
including NPMs around the world.95
Independence of NPM personnel
In May 2014, the UK NPM agreed guidance
- Ensuring the independence of NPM
personnel (see Appendix III) - which sets out
members’ intention to work progressively
towards a reduction in reliance on
seconded staff for NPM work, among other
measures. The guidance addresses the 2013
recommendation of the UN Committee against
Torture, which called on the UK to 'end the
practice of seconding individuals working in
places of deprivation of liberty to NPM bodies’.
Under this guidance, NPM members
agreed to report annually on their progress
in reducing their reliance on secondees.
Four out of 20 members reported using
secondees in 2014–15. All 10 of the NPM
members who had no secondees in 2013–14
remained in the same position. Four NPM
members had reduced the overall number
of secondees involved in NPM work. Two
NPM members had increased the number of
secondees by one, but had plans to address
any potential conflicts of interest. Figures
provided by four NPM members were not
comparable to the previous year.
Preventing sanctions
Taking forward the NPM’s obligation to
prevent any punishment or prejudice
resulting from a person or organisation’s
contact with its monitors (OPCAT Art.21),
NPM members worked to develop specific
policies and protocols:
• HMI Prisons led work to draft a protocol
aimed at preventing sanctions from
arising during joint HMIC/HMI Prisons
police custody inspections; this protocol
will be completed in 2015–16;
• HMI Prisons and the IMB National Council
worked with the Prisons and Probation
Ombudsman to implement their 2013
protocol on preventing sanctions in prisons;
• HMICS began work to develop a policy on
preventing sanctions and reprisals;
• CJINI led the development of a protocol
to prevent sanctions and reprisals for
inspections in prisons with the IMB NI and
the Prisoner Ombudsman NI, due to be
completed in June 2015;
• HMIPS developed a protocol on
preventing sanctions and reprisals, and
included the topic in training for new
inspectors.
Member-specific developments
The Care Inspectorate reflected the
requirements of OPCAT in its new three-year
corporate plan, which sets out to provide robust
inspection, support local and national policy,
and contribute to a rights-based care system
in Scotland. A review and consultation on its
methodology and approach have provided
further opportunities to integrate its NPM
role into its work. During the year, the Care
Inspectorate was asked to lead (with Health
Improvement Scotland) on the development
of Scottish National Care Standards, which
will be underpinned by human rights and
refer to the work of the NPM.
Further efforts to take forward specific issues
relating to the NPM mandate include those
to raise awareness of de facto detention
and child sexual exploitation and the need
95 See: http://www.nationalpreventivemechanism.org.uk/publications-resources/.
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