Parliament's role in conflict decisions: an update - Political and Constitutional Reform Contents


Appendix: correspondence between the Chair of the Committee and the Foreign Secretary


Letter from the Chair of the Committee to

Rt Hon William Hague MP, Foreign Secretary, Foreign Office

      

I was concerned to read a report in The Times on 4 January that there is now some doubt about the commitment you made in March 2011 to "enshrine in law for the future the necessity of consulting Parliament on military action."

As you will know, the Political and Constitutional Reform Committee published a report in May 2011 on Parliament's role in conflict decisions. The Committee concluded that there was an urgent need for greater clarity about Parliament's role in decisions to commit British forces to armed conflict abroad. We called on the Government, as a first step, to bring forward a parliamentary resolution, for debate and decision by the end of 2011. This did not happen, and now it seems that the statutory route, which we saw as a longer term project, may be in jeopardy.

The Committee stated in its report that it would monitor progress in this area closely. As part of this ongoing process, I am writing to seek an update from you on the progress that has been made so far, and on what steps you intend to take to fulfil the commitment you made about enshrining in law the necessity of consulting Parliament on military action.

In particular, I would like to know at what levels within Government the statutory enshrinement of the rights of Parliament with respect to decisions about armed conflict has been discussed—both before and after the commitment was made in the House to introduce such a statute. Furthermore, if internal objections have been raised to the prospect of such a statute, I would like to know what they are, whether they are regarded as decisive, and, if so, why. Finally, if the statutory route is now being dropped, it would seem appropriate that a Minister should explain to the House at the earliest opportunity why this previous commitment to the House has been reneged upon, and set out a timetable for the introduction of a non-statutory measure in its place.

10 January 2013

Letter from Rt Hon William Hague MP, Foreign Secretary, Foreign Office,

to the Chair of the Committee

Thank you for your letter of 10 January about enshrining the role of Parliament in committing to military action, which was also covered in answer to your Parliamentary Question on the subject on 22 January.

My view remains, as I set out in my statement to the House on 21 March 2011: Wherever possible, Parliament should have the opportunity to debate, in advance, the commitment of UK forces to military action overseas, unless there is an emergency where such action would not be appropriate. Since my statement, we have declared and formalised this understanding within the Cabinet Manual.

I have discussed these issues with my Ministerial colleagues. Given the complexities involved, we have commissioned work from a number of Departments to help reach agreement on the way ahead. Once this has concluded, the Government will update Parliament on next steps. I am grateful for the Committee's continued interest.

8 February 2013



 
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