Eight Report of Session 2013-14 - European Scrutiny Committee Contents


16   EU training of Somali security forces

(34518)

Draft Council Decision amending and extending Council Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)

  
Legal baseArticles 42 and 43 TEU; unanimity
DepartmentForeign and Commonwealth Office
Basis of considerationMinister's letter of 28 May 2013
Previous Committee ReportsHC 86-xxv (2012-13), chapter 1 (19 December 2012); also see (31426) — : HC 5-xv (2009-10), chapter 8 (24 March 2010) and (31259) — : HC 5-vii (2009-10), chapter 2 (20 January 2010)
Discussion in Council20 December 2012 Agriculture and Fisheries Council
Committee's assessmentPolitically important
Committee's decisionDebated in European Committee B on 16 January 2013; further information provided

Background

16.1  On 15 February 2010 the Council decided[39] that the Union would conduct a military training mission, called EUTM Somalia, in order to contribute to strengthening the Transitional Federal Government (TFG) as a functioning government serving Somali citizens. EUTM Somalia's objective was to contribute to a comprehensive and sustainable perspective for the development of the Somali security sector by strengthening the Somali security forces through the provision of specific military training, and support to the training provided by Uganda, of 2,000 Somali recruits up to and including platoon level, including appropriate modular and specialised training for officers and non-commissioned officers. The full background to its establishment and subsequent development, and the Committee's consideration thereof, is set out in our previous Reports.[40]

16.2  The mission is part of a wider, comprehensive EU approach to Somalia, working with the wider international community. The EU is also involved in EU NAVFOR Operation ATALANTA, the operation to tackle piracy off the coast of Somalia (of which the UK provides the Operational Headquarters and the Operation Commander), and EU CAP NESTOR aimed at increasing the capacity of the region to tackle piracy themselves (for which the UK provides a number of secondees).

The Council Decision of July 2011 amending and extending Decision 2010/96 CFSP for another year

16.3  After evaluation of progress made in July 2011, the Council decided to extend it until December 2012 and refocus: on command and control and specialised capabilities and on the self training capabilities of the Somali National Security Forces (SNSF), with the intention of transferring EU training expertise to local actors. This was to be achieved through the provision of military training to commanders and specialists up to company level, and through training trainers, with a view to transferring basic and specialist training expertise up to platoon level under African ownership back to Somalia.

16.4  As explained in detail in our previous Reports, these developments effectively moved ahead "under the radar", as the Minister maintained that the information in it embodied confidential information from the Crisis Management Concept (one of the planning documents). A letter from the Minister in December 2011 belatedly provided some information about the Council Decision: but it was never submitted for scrutiny.

The Council Decision of 20 December 2012

16.5  On 3 December 2012, the Minister wrote to advise us that a fresh Council Decision was likely to be adopted between 18-20 December 2012. The Minister went on to say that: based on a review in late September, a fresh Crisis Management Concept was now being drafted: all he could say at that point was that he expected the proposal to be for a two-year mandate extension; for the mission to relocate to Mogadishu; and to build on previous junior officer training by shifting the focus to more senior levels of the Somali National Security Forces. The Minister undertook to write again once the Council Decision became available for scrutiny.

16.6  In our response of 5 December 2012, we said that we found it difficult to understand why this had arisen. We noted that we had pointed out that, for several years now, both we and our predecessor had made it clear that we relied upon the FCO both to alert us at the earliest possible moment of this sort of development and to avoid wherever possible situations such as this where, in reality, proper prior scrutiny would now be impossible — even if he were able to provide an Explanatory Memorandum in time for the Committee's 19 December meeting, there would be no opportunity to pursue any questions that might arise prior to adoption by the Council.

16.7   We went on to say that, so far we could see, we had not heard from the Minister on EUTM Somalia since December 2011; we could not see why it was not possible for us to have been provided with an update on the review process and its outcome; nor why — his representations to the High Representative and the EEAS about the need for proper scrutiny to be built into EEAS timelines notwithstanding — the draft could not have been provided sooner than a couple of weeks before the mandate was due to expire. It seemed to us that once again, professed commitments to scrutiny rang hollow.

The draft Council Decision

16.8  The draft Council Decision further amended and extended Council Decision 2010/96/CFSP from 1 January 2013 to 31 March 2015.

16.9  With regard to the Financial Implications, the Minister said that the budget for this Mission from its launch until August 2011 was €4.8 million; for the period from 9 August 2011 until 31 December 2012, was also €4.8 million; and for the next 27-month period, the reference amount was a further €11.6 million. The increase in cost resulted predominantly from the proposed move to Mogadishu in order to cover the more complex nature of the activities and set up costs, including force protection costs, investment costs and running costs (including medical costs).[41]

16.10  In his further letter of 13 December 2012, in response to our representations, the Minister said that scrutiny was "an important part of open and transparent government and .... the way of connecting British voters to EU decision-making." He again insisted on his commitment to an effective scrutiny process. The FCO had made a genuine and concerted effort to bring this matter to our attention at the earliest opportunity. There were, however, a number of factors that had unfortunately resulted in the short timeline available for scrutiny:

"The situation in Somalia has been in flux, with a new President elected in September and a Cabinet appointed in November. The European External Action Service have told us this has made their planning difficult. Throughout the autumn, there have been continued and detailed negotiations amongst Member States on the proposed changes to the Mission's mandate. This included the Government seeking further detail from the EU on issues such as the cost implications of the mandate changes (detail essential for Parliamentary Scrutiny and UK agreement). Only in the last week or so have we received sufficient detail from the EU and reached provisional agreement on the way ahead for the mission. The Council Decision could not have been drafted until this point.

"Furthermore, the Committee would remember our correspondence of July 2011 and December 2011 regarding this Mission and the difficulties in providing classified documents to Parliament for scrutiny. The September review of EUTM and the subsequent Crisis Management Concept were once again classified documents, so as per scrutiny procedures, they could not be submitted to Parliament. We have therefore been unable to share a document with the committee until we received the draft Council Decision itself.

"FCO officials in Brussels have made representations at all levels since September to push for an earlier receipt of appropriate documentation as we were conscious of the timelines for Parliamentary Scrutiny.

"Unfortunately we were still provided with the documents at short notice, but we have nevertheless endeavoured to provide the Committee with as much detail as we are able in order for the scrutiny process to take place.

"It is regrettable that the Committee feels that they may now not be able to satisfactorily scrutinise this document. However, I would like to assure the Committee that in this case the FCO did everything within our power to ensure that these documents were provided to you with sufficient time to allow the Committee to represent its views. We would again make strong representations on this point to the European External Action Service.

"Given the importance the Government attaches to ensuring the continued success of this mission, which plays a critical role in supporting the fragile security situation in Somalia, I hope the Committee would give this matter its full and urgent consideration. Whilst the outcome is far from ideal, we have ensured that at a minimum, the Committee has sight of this Decision in advance of agreement."

Our assessment

16.11   We found the Minister's response disappointing. We felt that we did not need to be reminded of our responsibilities. The matter was urgent only because the process hitherto had made it so; and that process also limited the effectiveness of any consideration that could be given to it. This was more than academic: a mission that had begun with a short life in mind had now morphed into one that would be, at least, nearly five years long, and which — as it branched into security sector reform, and political and strategic level mentoring that "ultimately" might "support moves towards an exit strategy" — already had at least some of the hallmarks of other such missions that had expanded their original, limited role and proved costly (this one would now cost at least €20 million), lengthy and (c.f. those in the Democratic Republic of Congo) of doubtful effectiveness (here, the Minister asserted that EUTM Somalia had been effective, but provides no evidence). There might well be a compelling case for this expansion, but the House was, we felt, not being given the opportunity to examine it properly.

16.12  The Minister still did not explain why we had not heard from him for over a year. We had never asked for confidential documents to be deposited: on the contrary. What we had requested, for several years was to be kept in the picture: to be alerted when such a mandate extension was in prospect, and to be given a broad outline of what its future shape was likely to be. We could not see why the Minister could not had provided this in September, nor how any confidential aspects of the review would have been thus compromised. We did not regard "sight of this Decision in advance of agreement" as something for which, as the Minister implied, we should have been grateful.

16.13  Though too late ask the Minister further questions before the Council Decision was to be adopted, we considered that the House should nevertheless be given the opportunity to hear more from him, as to: why he was able to provide no information prior to his letter of 3 December; what he expected the mission to have achieved in 27 months' time (there should be benchmarks and review points); if he believed that it would then be wound up; and, if not, what he then expected to happen. We accordingly recommended that the draft Council Decision be debated in European Committee B.

16.14  That debate took place on 16 January 2013, and was combined with a similar "short notice" draft Council Decision on a new military mission to Mali, EUTM Mali.[42]

The Minister's letter of 28 May 2013

16.15  The Minister provides an update on EUTM Somalia and on a recent budget increase.

16.16  The Minister recalls that the mandate extension (until 31 March 2015, which was agreed on 22 January 2013, following the debate in European Committee B) will shift EUTM Somalia's centre of operations to Mogadishu and increase the scale of its operations, emphasizing Command and Control, training of the Somali military trainers, and specialist training (such as in logistics and communications). The Minister continues as follows:

"EUTM has been running for two years, training Somali troops in Bihanga camp, Uganda. It has been operating alongside US and Ugandan training of Somali troops. About 3000 Somali troops have been trained by EUTM so far. To date, EUTM has been viewed as a success, providing high quality training of Somali forces. Providing support for the development of the security sector through the EU also represents good value for money for the UK compared to bilateral support. The UK was also among those Member States advocating a new EUTM mandate based in Mogadishu.

"Advance units started to deploy to Mogadishu from 7 May 2013. Plans for Force Protection, medical capability and mission security are on schedule and continue to progress. The EUTM HQ structure in Mogadishu is due to increase to 46 staff (18 military, 4 medical and 24 security staff) by December 2013 and increase to 60 (14 more military staff) by March 2015. Given the size of the Somali armed forces and the focus of the new mandate we judge this staffing level to be justified.

"We currently provide two UK secondees to EUTM; this should increase to five positions soon. The deployment of UK personnel to EUTM Somalia is funded directly from the tri-departmental (FCO, MOD, DFiD) Conflict Programme.

"Given our strategic interests in making progress in developing the security sector and in supporting effective CSDP interventions (and one of the main supporters of CSDP missions generally), we believe that it is important to ensure that the mission has sufficient resources to achieve its mandate. The mission should also help deliver the security related outcomes of the Somalia Conference in London on 7 May, specifically the development of the Somali armed forces."

Budget background

16.17  The Minister says:

"Following the initial calculation of the EUTM Somalia budget in December 2012, Mr Simmonds, Minister for Africa, and I agreed the EUTM mission budget at €11.6 million to cover common costs of the Mission and to allow the EUTM Operation Commander to begin activity. This sum was referred to in the 'Financial Implications' section of my Explanatory Memorandum dated 13 December 2012. In April 2013 the Operation Commander submitted a more detailed proposed budget of €13.394 million (approximately £11.3 million) representing an increase of 15.4% on the initial estimate. Although the EU said previously that €11.6 million would be a maximum amount, we have closely scrutinised the new costs and believe that they are justified. The revised UK contribution (based on a cost share of 15.34%) will be some £1.741 million. The cost to the UK for the FY 13/14 is estimated at £1.287 million. In 2012, the UK contribution to cover EUTM Somalia common costs was £240,891, so this is a substantial increase in the UK contribution. The UK funds its contributions to this operation through the tri-departmental (MOD, FCO, DFID) peacekeeping budget, which on current planning has sufficient capacity and flexibility to absorb this relatively small increase.

"CSDP military operations are funded on the basis of where the cost falls (i.e. to the Member State that deploys the personnel).  However, there are a number of common costs (e.g. provision of HQ facilities, associated communication and transportation costs, and commonly used port and medical facilities) that cannot easily be allocated to one single nation.  These common costs are governed by the Athena mechanism (a committee of EU Member State representatives who negotiate common costs of EU military operations). The Athena Special Committee Meeting on 26 April 2013 agreed the EUTM Somalia Budget subject to silence procedure which ended on 2 May (allowing Mr Simmonds and me to review these additional costs). At that meeting the UK challenged a number of price increases (e.g. on armoured vehicles and salary increases) and was the only Member State which did not approve the budget increase immediately.

"REASONS FOR BUDGET INCREASE

"The increase to the proposed budget reflects detailed work on preparing for the expansion and transfer of operations to Somalia from the existing base in Uganda. A detailed break-down of costs is attached (Annex A).[43]

"The increase is primarily due to the detailed funding requirement of continuing the current EUTM structure in Uganda, whilst establishing a new EUTM deployment into Mogadishu. In addition, the significantly more challenging security environment in Somalia compared with Uganda has required a revision in contractual arrangements, in particular for improved Medical Support Services capability and a medical evacuation system. New funds are required for air transportation between Kampala and Mogadishu and there is also an increase in the final price of two armoured vehicles, due to a higher level of specification being required than originally anticipated to provide the protection required.

"The 15% salary increase has been justified due to an overall 40% increase in the cost of living over the last three years (whilst the salaries of local engaged personnel in Uganda have not increased since the start of Somalia operations in 2010).  The EUTM considered there was merit in retaining the existing (trusted) staff rather than employing new personnel for the remaining months of the Uganda operation and to employ some of the existing (trusted) staff also in Mogadishu. New staff will also be required in Somalia.

"The security and logistical challenges, as well as a limited market from which to purchase goods and services locally (including accommodation, offices, IT, communications), also makes a significant difference to the overall costs of goods and services.

"We will continue to monitor and to bear down on costs, where appropriate, and evaluate results, including during the next annual review. Based on this experience, I have asked my officials to push for improvements in the process for EU budgeting and forecasting of future requirements for EU military operations."

Conclusion

16.18   We consider three other CSDP missions in this Report — in Mali, Niger, and the Horn of Africa. All, to varying degrees, demonstrate challenges to the budgeting, evaluation and forecasting process. It is notable, therefore, that the Minister has pledged to seek the improvements described immediately above, since the need is apparent.

16.19  We look forward to hearing more from the Minister about his success in these areas at the time of the next annual review (when he can explain why, unlike the other CSDP missions, this one was not set up with an annual budget that required endorsement via a Council Decision).


39   Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces. Back

40   See headnote. Back

41   See HC 86-xxv (2012-13), chapter 1 (19 December 2012), for full information about the Council Decision. Back

42   The record of the debate is available at Gen Co Deb, European Standing Committee B, 16 January 2013, cols. 3-24, and http://www.publications.parliament.uk/pa/cm201213/cmgeneral/euro/130116/130116s01.htm. For further information on EUTM Mali, see (34664) -, Chapter 17. Back

43   Reproduced at the Annex to this chapter of our Report. Back


 
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Prepared 15 July 2013