APPENDIX 1
FOREIGN AND COMMONWEALTH OFFICE UPDATE
TO FOREIGN AFFAIRS COMMITTEE REPORTS
SECOND REPORT: SIERRA LEONE
Recommendation 15
We believe that Mr Penfold acted as he thought
was in the best interests of the United Kingdom and of Sierra
Leone, and that he did not consider that his actions went beyond
Government policy. Nonetheless, we believe they did. We hope that
the Sandline affair will remind all diplomatic staff that they
act only within the confines of policies set by Ministers, and
the FCO must ensure that Government policy is made crystal clear
to Heads of Mission and to the Departments concerned. (Paragraph
55)
What steps have been taken to recall to the Service
their responsibility to Ministers and through them to Parliament?
31. The need for all staff to observe their
commitment to HMG policy and their duty to Ministers is set out
in the Code of Ethics which forms part of the terms and conditions
of employment of all staff. The Code is being placed on the Department's
Intranet to ensure that all staff have ready access to it.
Recommendation 18
We conclude that there was an appalling failure
in the briefing of Ministers which we recommend should not be
repeated. It is on the basis of briefing that Ministers report
to Parliament and, in the words of the Resolution of the House,
"it is of paramount importance that Ministers give accurate
and truthful information to Parliament." We expect lessons
to be learned from the Sandline case in the FCO and in all other
Departments. (Paragraph 67)
What steps have been taken to improve the quality
of briefing to Ministers?
32. As the Government's original reply said,
the FCO has acted to improve the quality of briefing for Ministers
following the Legg Report. The FCO continues to stress to all
staff the importance of ensuring that Ministers are always able
to fulfil their responsibilities under the Ministerial Code and
the Resolution of the House.
Recommendation 20
We recommend that, as a matter of course,
when a line manager in the FCO becomes aware that any prosecuting
authority in the United Kingdom may be investigating an officer
he or she manages for an indictable offence alleged to be committed
in the exercise of the officer's duty, he or she ensure that the
Permanent Under-Secretary is immediately informed, and that the
Permanent Under-Secretary forthwith inform the Secretary of State.
(Paragraph 71)
Have there been any cases to date?
33. Guidance has been circulated to staff.
There have been no such cases since publication of the Committee's
report.
Recommendations 21 and 22
We recommend that the FCO review and modify
where appropriate the methods by which intelligence from external
agencies is assessed inside the Department. (Paragraph 74)
We recommend that in order to protect the
interests of the Resident Clerk in the future, he or she should
formally record the name of any official with whom he or she deals,
and that every official who sees an intelligence report should
be required to record the fact that he or she has done so. (Paragraph
75)
What progress has been made?
34. A confidential update has recently been
submitted to the Committee (FCO/FAC/025-00). All contacts with
the Resident Clerk are now recorded.
Recommendation 25
We believe that FCO officials have a duty
to ensure that prosecutintg authorities are informed immediately
when serious criminal allegations are made to them, and also to
co-operate as fully as possible with those authorities when an
investigation is under way. (Paragraph 81)
Have there been any cases to date?
35. Guidance has been circulated to staff.
There have been no such cases since publication of the Committee's
report.
Recommendation 29
We recommend that the Government reconsider
seeking to amend the existing UN Convention against the Recruitment,
Use, Financing and Training of Mercenaries but, if this cannot
be achieved, that the Government take the lead in initiatives
in the European Union, Council of Europe or the United Nations
aimed at drawing up a new international legal instrument on the
activities of mercenaries. (Paragraph 93)
What progress has been made on the Green Paper?
36. The UN Convention against the Recruitment,
Use, Financing and Training of Mercenaries has not yet come into
force. The UK has not become a party to the Convention because
of doubts about its legal enforceability. Given the limited number
of ratifications of this Convention there must be doubts about
the market among States for an amended Convention which, if it
were to be enforceable, would inevitably be more onerous.
Recommendations 30 and 31(b)
We recommend that the Government take the
lead in initiatives in Europe and/or the United Nations aimed
at drawing up an international legal instrument on trafficking
or brokering in arms subject to embargo. (Paragraph 95)
In the case of arms trafficking and brokering,
that the legislation to control these activities be introduced
no later than in the next parliamentary session. (Paragraph 96)
What progress has been made on new export control
legislation?
37. The Government is continuing to review
the proposals in the White Paper on Strategic Export Controls
(Cm 3989) for controls on trafficking and brokering in the light
of comments received, including those in the Committee's report
and in the two joint reports on strategic export controls by the
Defence, Foreign Affairs, International Development and Trade
and Industry Committees (HC225 of 11 February and HC 467 of 25
July). The Government will announce its conclusions on this issue
as soon as the review is complete.
38. The Government regrets that the demands
on parliamentary time have not allowed a Bill to be introduced
to implement the proposals contained in the White Paper. However,
the Government remains committed to introduce such legislation
as soon as time permits.
39. The Government continues to play a constructive
role in international discussions on trafficking and brokering,
in particular those on the proposed UN Protocol on illicit manufacturing
of and trafficking in firearms (which is being negotiated in Vienna
in connection with the draft Convention against Trans-national
Organised Crime) and those in the CFSP Working Group on Conventional
Armed Exports. The Government has taken these into account in
its review of the White Paper proposals.
Recommendation 31(a)
In the case of mercenary activities, the
publication, within 18 months, of a Green Paper outlining legislative
options for the control of private military companies which operate
out of the United Kingdom, its dependencies and the British Islands.
See 29 and 30 above
40. Officials of relevant Departments are
continuing to work on the preparation of a Green Paper on mercenary
activity, in order to fulfil the Government's undertaking to publish
such a paper by November. Once the Green Paper has been published
and discussed, the Government will consider what international
initiatives, in addition to any domestic ones, might be taken.
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