Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2023
sec.13Subcommittee may access information
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sec.13 Subcommittee may access information
This section applies if the subcommittee asks the responsible Minister or a detaining authority for a place of detention for information for the purpose of the evaluation of any needs or measures that should be adopted to strengthen the protection of people deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment (the subcommittee purpose ). On receiving the request, the responsible Minister must ensure that the subcommittee has unrestricted access to all information (other than excluded information) in the possession or under the control of the responsible Minister that is relevant to the subcommittee purpose. On receiving the request, the detaining authority must ensure that the subcommittee has unrestricted access to all information (other than excluded information) in the possession or under the control of the detaining authority that is relevant to the subcommittee purpose. Information that is relevant to the subcommittee purpose includes the following— the number of detainees in the place of detention; the treatment of detainees at the place of detention; the conditions of detention applying to detainees in that place of detention; information about the treatment of detainees in a place of detention; information about the conditions of detention applying to detainees in a place of detention. A provision of an Act or another law that restricts or denies access to information does not prevent the responsible Minister or detaining authority from complying with this section. In this section— excluded information means— Cabinet information that is exempt information under section 48 of the Right to Information Act 2009 ; or information that is subject to legal professional privilege; or other information of a kind prescribed under a regulation for this definition. (sec.13-ssec.1) This section applies if the subcommittee asks the responsible Minister or a detaining authority for a place of detention for information for the purpose of the evaluation of any needs or measures that should be adopted to strengthen the protection of people deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment (the subcommittee purpose ). (sec.13-ssec.2) On receiving the request, the responsible Minister must ensure that the subcommittee has unrestricted access to all information (other than excluded information) in the possession or under the control of the responsible Minister that is relevant to the subcommittee purpose. (sec.13-ssec.3) On receiving the request, the detaining authority must ensure that the subcommittee has unrestricted access to all information (other than excluded information) in the possession or under the control of the detaining authority that is relevant to the subcommittee purpose. (sec.13-ssec.4) Information that is relevant to the subcommittee purpose includes the following— the number of detainees in the place of detention; the treatment of detainees at the place of detention; the conditions of detention applying to detainees in that place of detention; information about the treatment of detainees in a place of detention; information about the conditions of detention applying to detainees in a place of detention. (sec.13-ssec.5) A provision of an Act or another law that restricts or denies access to information does not prevent the responsible Minister or detaining authority from complying with this section. (sec.13-ssec.6) In this section— excluded information means— Cabinet information that is exempt information under section 48 of the Right to Information Act 2009 ; or information that is subject to legal professional privilege; or other information of a kind prescribed under a regulation for this definition.