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 discussedboth 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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