CAT/OP/GBR/RONPM/1
State involvement could be detrimental to the credibility of the whole mechanism and
undermine public confidence.
53.
Furthermore, the Subcommittee also wishes to bring attention to the question of
secondments within the members of the mechanism. The Subcommittee takes note of the
mechanism’s guidance entitled “Ensuring the independence of NPM personnel: guidance for
members of the UK National Preventive Mechanism”, which sets out the intention of
members to work progressively towards a reduction in reliance on seconded staff for national
preventive mechanism work. The guidance addresses a 2013 recommendation of the
Committee against Torture, which called on the United Kingdom to end the practice of
seconding individuals working in places of deprivation of liberty to national preventive
mechanism bodies (CAT/C/GBR/CO/5, para. 14). However, the Subcommittee is of the view
that more needs to be done by the staff members of the mechanism to ensure that they do not
hold or acquire positions that could potentially raise questions of conflict of interest or dual
loyalty.
54.
The Subcommittee recommends that the national preventive mechanism
continue striving to achieve functional independence, raise awareness of the obligation
of independence set out in the Optional Protocol and advocate for a robust legislative
basis that ensures statutory guarantees of the mechanism’s independence.
55.
The Subcommittee urges the national preventive mechanism to continue taking
internal measures to ensure that the independence of its personnel is rigorously
safeguarded and constantly reinforced, inter alia, by reducing the members’ reliance
on staff seconded from places of deprivation of liberty and enhancing the transparency
of the selection process of the mechanism’s personnel.
C.
Human and financial resources
56.
The Subcommittee observes that the national preventive mechanism of the United
Kingdom, with its 21 members, covers a vast variety of places of deprivation of liberty, and
that it can count on the financial and human resources of the member organizations to carry
out joint activities.
57.
Nevertheless, the Subcommittee was informed that some members of the mechanism
faced challenges with the budgets necessary to carry out their national preventive mechanism
functions. This is due to a range of factors, including recent budget cuts and budgets for the
mechanism’s work within the 21 bodies not being ring-fenced to carry out preventive work
and thus being allocated alongside competing priorities. The Subcommittee is concerned at
the information contained in the mechanism’s annual report for 2017/18 that several members
of the national preventive mechanism reported that they would be required by the
Government of the United Kingdom to make cuts to their budgets. 17
58.
In addition, and while noting that the staffing for the national preventive mechanism
secretariat recently increased from two part-time roles to one part-time Head of Secretariat
and one full-time Assistant Coordinator, the Subcommittee believes that resources provided
to the secretariat remain insufficient, the more so considering the complex institutional
structure of the mechanism. In this respect, the Subcommittee notes that in its annual report
for 2017/18, the mechanism stated that the lack of additional resources for its secretariat
impeded the realization of the full potential of joined-up work across member organizations,
four nations and the different detention settings.
59.
The Subcommittee considers that budget cuts to members of the national preventive
mechanism may jeopardize their preventive work and, as a result, weaken their execution of
Optional Protocol-mandated functions. The Subcommittee also believes that the
insufficiency of the resources available for the mechanism’s secretariat to coordinate the
work of a highly complex multi-body mechanism and ensure their activities are focused on
prevention represents a serious constraint.
17
Ninth Annual Report, p. 38.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents