CAT/OP/GBR/RONPM/1 III. Recommendations addressed to the national preventive mechanism A. Institutional framework and mandate 34. The national preventive mechanism has no separate legal identity. This lack of a formal legislative text establishing the mechanism has long been a matter of concern to the Subcommittee, a concern shared with both the mechanism and the State party. The Subcommittee’s considered view is that the situation of the national preventive mechanism of the United Kingdom has a complexity that impairs its effectiveness, and the lack of proper legislation has a major part to play in its inadequacy. For that reason, the Subcommittee urges the mechanism to continue working with the State party to obtain an appropriate formal legislative basis with a clear definition of the mechanism’s powers and its functions, its roles and responsibilities so that the State party may effectively discharge its obligations and preventive mandate under the Optional Protocol. 35. In this connection, the Subcommittee appreciates the national preventive mechanism’s self-awareness, proactive advocacy and pursuit of legislative changes. The Subcommittee concurs with the mechanism’s view that the lack of legislation has significant consequences, not only in terms of the mechanism’s formal compliance with the Optional Protocol, but also for its credibility and effectiveness. The Subcommittee also shares the mechanism’s concern that the powers and duties of the Chair of the mechanism and the coordinating role of Her Majesty’s Inspectorate of Prisons are yet to be recognized in legislation. 36. Furthermore, there is a need to amend the statutes of the individual bodies entrusted with national preventive mechanism work, as the specific national prevention mechanismrelated activities are not necessarily given the importance they deserve when members are working within their statutory mandate. 37. The Subcommittee welcomes the dialogue between the Ministry of Justice and the national preventive mechanism on the draft protocol regarding regulations about the mechanism and notes that the draft protocol includes provisions for the mechanism to issue statutory guidance with regard to amendments of the statutes of the member organizations. Nevertheless, the Subcommittee considers that the elaboration of the protocol is no substitute for a proper legislative text for the mechanism. The Subcommittee is concerned that procrastination in the enactment of proper legislation could have a negative impact on all aspects of the functions of the mechanism, including its independence. 38. The Subcommittee considers that adoption of legislation regarding the national preventive mechanism and its members is necessary in order for the United Kingdom to fully comply with its international obligations under the Optional Protocol. The duties and powers of the mechanism, led by an independent Chair and with formal recognition of the mechanism’s coordinating role, are to be embedded in a legislative text, and explicit references to national preventive mechanism and Optional Protocol responsibilities should be incorporated into the members’ own statutes. The Subcommittee fully supports the efforts of the national preventive mechanism in that regard and will continue to raise these concerns with the State party. Access to military detention facilities and independent oversight in overseas territories and Crown dependencies 39. The Subcommittee notes that, since its creation, the national preventive mechanism has made efforts to identify areas of detention that were not subject to the independent scrutiny of its members. Currently, the mechanism’s monitoring covers a wide range of places of deprivation of liberty, including court cells, and transportation, deportations and detention facilities under the terrorism legislation. 40. The Subcommittee was informed that Her Majesty’s Inspectorate of Prisons inspects military facilities in the United Kingdom every two to three years. This includes the Military Corrective Training Centre and service custody facilities, which are cells where navy, air 8