CAT/OP/GBR/CNPMRO/1
7.
The NPM also notes with concern other places of deprivation of liberty which NPM
members do not currently have coverage of, including unregulated accommodation for
children deprived of their liberty through the inherent jurisdiction of the court. 4 Relevant
NPM members are currently determining the policy framework for these places of
deprivation of liberty and, in some cases, are exploring possible avenues for independent
monitoring to take place.
8.
In addition, potential legislation for the NPM offers an opportunity to include UKwide clauses that ensure coverage of all detention facilities including to address any
unforeseen developments that may arise in the future (e.g. as per quarantine). This would
need to occur in consultation with NPM members. The NPM urge the UK government to
include provisions to deal with this gap in legislation to ensure better alignment with the key
provisions of OPCAT.
Section B. Independence
Paragraph 51 – The functional independence of an NPM supposes that an NPM cannot be
subject to any orders or instructions by any State authorities. The SPT recommends the NPM
to continue proactively raising with the UK authorities the need for robust legislation as an
essential safeguard for the NPM independence, effectiveness and credibility, both nationally
and internationally.
Paragraph 55 – The Subcommittee recommends that the UK NPM continue striving for
achieving functional independence, raising awareness of the Optional Protocol’s obligation
of independence, as well as advocating for a robust legislative basis, which ensures statutory
guarantees of NPM independence.
9.
The NPM acknowledges the need for legislation to ensure a statutory guarantee of
functional independence. As previously stated, the current MOJ consultation which includes
questions on the introduction of an NPM statutory footing provides the opportunity for some
NPM members to seek changes to their legislation which reflect their OPCAT mandate. With
reference to the principles of independence for specific NPM members raised by the SPT in
paragraph 52 of their report, the recent MOJ consultation on changes to Arm’s Length Bodies’
legislation included proposals to put the national governance structure for IMBs and the Lay
Observers Chair and National Council on a statutory footing. The MOJ states that these
proposals aim to formalise these roles in statute, thereby increasing their legitimacy and
authority and enabling a greater degree of independence from the MOJ. These changes would
be in line with SPT recommendations providing members of the NPM with more functional
independence. It is expected that NPM members will be in further discussions with the MOJ
on the most effective and appropriate independent national structures to implement these
changes.
10.
In September 2019, Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS)
made a recommendation to the Scottish Police Authority to review their governance model
relating to the Independent Custody Visiting Scotland (ICVS), in order to increase the
scheme’s independence.5
Paragraph 56 - The Subcommittee exhorts the NPM to continue taking internal measures to
ensure that the independence of its personnel is rigorously safeguarded and constantly
reinforced, inter alia, by reducing NPM members’ reliance on staff seconded from places of
deprivation of liberty, and enhancing transparency of the selection process of the NPM
personnel.
4
5
compulsory quarantine for Coronavirus, adopted at its 40th session (10 to 14 February 2020),
https://s3-eu-west-2.amazonaws.com/npm-prod-storage-19n0nag2nk8xk/uploads/
2020/02/2020.02.25-Annexed-Advice.pdf-V2.pdf [accessed 27/08/2020].
Children’s Commissioner for England, November 2020, Who are they? Where are they?,
https://www.childrenscommissioner.gov.uk/wp-content/uploads/2020/11/cco-who-are-they-whereare-they-2020.pdf [accessed 27/11/2020].
HMICS, September 2019, Thematic Inspection of the Scottish Police Authority, https://www.
hmics.scot/sites/default/files/publications/HMICS20190926PUB.pdf [accessed 01/12/2020].
3