CAT/OP/GBR/CNPMRO/1 11. The NPM agreed guidance on ‘Ensuring the Independence of NPM Personnel’ in 2015. The guidance states that the NPM should “work progressively towards a reduction in their reliance on seconded staff for NPM work. However, the NPM notes that NPM members control who is or is not employed by them and will continue to employ seconded staff where their expertise is useful in achieving the NPM’s aims and the prevention of ill-treatment in detention. Seconded personnel bring up-to-date knowledge and extensive expertise to their monitoring role (which is also a requirement under Article 18(2) of OPCAT). Therefore, NPM members will continue to strive for a balance in this regard. NPM members already have in place procedures to avoid conflicts of interest as a safeguard to preserve the independence of the NPM. To achieve this, however, they will work to establish a clearer delineation of staff assigned to NPM work, particularly among members whose work extends beyond the NPM mandate.”6 As has previously outlined by the NPM, in all cases decisions on secondment are made by the NPM member itself on the basis of their own assessment of the need for specific expertise and not by the government.7 12. The NPM also notes that progress was tracked on the use of secondees. The NPM reported that in 2014–15 four NPM members had reduced the overall number of secondees involved in NPM work. NPM members aim to conduct a similar monitoring exercise in 202021. Section C. Human and financial resources Paragraph 61 – The Subcommittee recommends that the NPM continue to engage in a proactive discussion with relevant authorities, in particular the Parliament and the Ministry of Justice, requesting an increase of financial and personnel resources, in particular for the NPM Secretariat. Paragraph 62 – Bearing in mind that the OPCAT is unequivocal on the need for the State Party to allocate specific resources to NPM, so as to guarantee the operational independence of the mechanism, and that the Subcommittee guidelines on NPMs indicate explicitly that the mechanism should enjoy complete financial and operational autonomy, the Subcommittee recommends that the NPM as a whole, as well as 21 bodies composing the NPM, advocate for a specific earmarked allocation of funds to the functioning of the NPM. 13. The NPM acknowledges the need for financial and operational autonomy as well as increased budgets. The current MOJ consultation on changes to Arm’s Length Bodies’ legislation provides the opportunity for a more formal role for the NPM and its Chair and Secretariat including increased functional autonomy. This may provide a basis to further consider the necessary budgetary requirements which may result from legislative reforms. 14. With regard to the SPT’s recommendation that NPM members advocate for specific earmarked allocation of funds, the NPM believes that although the earmarking of an NPM budget may be simple to implement for some members, it would be very difficult for members whose OPCAT responsibilities only form a small part of their overall role. However, the UK NPM Secretariat will be working with members over the next twelve months to assess the difficulties and how those difficulties might be resolved. Section D. Visibility Paragraph 69 – In light of the above, the SPT recommends that the NPM increase its institutional visibility as a collegial body, design a strategy for public sensitization of its OPCAT-mandated tasks and continue striving for a stronger coordination and a more cohesive work through strategic measures. These measures should reinforce the NPM’s common values, in order to build the collective identity as one NPM of UK, through a proper legal framework. 6 7 4 UK NPM, 2015, Ensuring the independence of NPM personnel guidance for members of the UK National Preventive Mechanism, https://s3-eu-west-2.amazonaws.com/npm-prod-storage19n0nag2nk8xk/uploads/2015/05/NPM-guidance_Ensuring-the-independence-of-NPM-personnel.pdf UK NPM, 2019, United Kingdom National Preventive Mechanism submission to the 66th session of the Committee against Torture, https://s3-eu-west-2.amazonaws.com/npm-prod-storage19n0nag2nk8xk/uploads/2019/03/UK-NPM_Submission-to-CAT-66.pdf