Documents considered by the Committee on 11 March 2015 - European Scrutiny Contents


16 EU military mission to contribute to the training of Somali security forces (EUTM Somalia)

Committee's assessment Politically important
Committee's decisionCleared from scrutiny; further information requested
Document detailsCouncil Decision on the training of Somali security forces (EUTM Somalia)
Legal baseArticles 42(4) and 43(2) TEU; unanimity
DepartmentForeign and Commonwealth Office
Document number36656, —

Summary and Committee conclusions

16.1 EUTM Somalia was launched in April 2010. 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.

16.2 EUTM Somalia's objective was to strengthen 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.

16.3 The prior history of this mission is sketched out below, and detailed in our previous relevant Reports.[43] In sum, the Committee has been concerned over the tendency towards "mission creep", both in scope and cost, and a lack of prior information at each key stage.

16.4 This further Council Decision proposes to extend EUTM Somalia's mandate until 31 December 2016. The budget for years 2013 and 2014 was €17.1 million. The proposed budget for the next 21 months is €17.5 million, with an estimated UK contribution through of €2.7 million (=15.66%).

16.5 In submitting it for scrutiny, the Minister for Europe (Mr David Lidington) said that Somalia is a top foreign policy priority for the Government, which has taken a lead in coordinating efforts in the international community to support Somalia. Somalia had made progress against some of its peace and state-building goals in 2014, and a new Council of Ministers was approved by the Somali Parliament on 9 February 2015, following the recent appointment of a new Prime Minister. Developing Somali National Army (SNA) capacity was crucial if the Federal Government of Somalia was to be able to take responsibility for security in Somalia, enabling an eventual exit strategy for the African Union Mission in Somalia (AMISOM)[44] — "though this is a long term goal and strategic patience is required". Security gains in Somalia had to date been largely due to AMISOM, to which the EU contributed significantly in terms of troop stipends. But the SNA was playing an increasingly important part in AMISOM offensives. For it to become an effective force able to operate independently, continued investment and support from the international community was required.

16.6 The Minister also noted various ways in which the EU was playing a positive role in addressing the threat to regional and international peace, security and development posed by instability in Somalia, and how EUTM complemented these other EU operations. The EUTM and other EU CSDP missions were important elements of the overall framework for international engagement. By demonstrating strong political commitment to the EUTM, the Minister said, the UK could continue to leverage EU impact in support of UK objectives. But the Mission had to be "well-conceived" and "capable of delivering its objectives (hence our proactive input into the Strategic Review)". The Mission's operational performance had been hampered by being able to operate effectively only in one location at one time due to force protection and transport capacity constraints; additional force protection measures were being deployed in March 2015 to address this (and cost increases were therefore justified).

16.7 Other significant challenges (the Minister said) included "the lack of capacity and collective political will of the Federal Government of Somalia". However, the President and new Prime Minister had assured the Government and EU that progress on security sector reform would be their top priority.

16.8 Despite "these very serious challenges", EUTM Somalia had had "genuine, if to date relatively modest", impact. The Minister judged, however, that the Mission "has the potential to make a significant difference in developing the Somali Defence Sector, particularly if it continues to take positive steps towards solving some of the challenges it faces, such as strengthening its force protection capabilities".

16.9 Also, EUTM Somalia "provides EU Member States with the opportunity to share costs and to work together to create a mission which provides better results than if each country were working towards the same goal individually"; provides the Government with "the ability to leverage international resources for an area we are interested in [which] has benefits for our foreign and security policy"; and is "fully in line with the intentions behind the European External Action Service to have a foreign policy structure which is more coherent and able to develop policy on a more consistent basis — getting the collective voice of the EU Member states heard throughout the world".

Our assessment

16.10 The mission had now been running for five years. Achievements thus far had been "relatively modest". This further extension would take it to nearly seven. The cost would by then have neared the €40 million mark. There was still a "lack of capacity and collective political will" on the part of the Federal Government of Somalia; assurances from the President and another new prime minister were necessary, but far from sufficient. Al Shabaab might well (as the Minister also said) be increasingly embattled but (ditto) it was clearly still capable — witness the attack carried out on 20 February 2015 on the Central Hotel in Mogadishu, which (according to the UN) resulted in the death and injury of dozens of people, including senior members of the Somali Federal Government.[45]

16.11 None of this was to say that the International Community should abandon Somalia to its fate; on the contrary. However, if national parliaments were genuinely to have any control over CFSP, then exercises such as this needed more effective, and consistent, parliamentary scrutiny — and that required cooperation on the part of the Government.

16.12 As our earlier Reports relate, the Committee considers that this has not always been the case here. The original 2010 Council Decision was never submitted for scrutiny. We noted (and endorsed) the Minister's earlier view (from as long ago as 2012) that scrutiny is "an important part of open and transparent government and .... the way of connecting British voters to EU decision-making". The Committee accordingly found it all the more regrettable that, once again, the Minister had failed to provide any prior indication of the direction of travel — notwithstanding his trumpeting of the UK having been "very active in steering Mandate renewal discussions", and in steering the EU's Strategic Review of the Mission in October 2014.

16.13 This was not a question of the Committee wishing to have caveated documents deposited (assuming that the review was either limité or restreint), but of having a reasonable expectation — which the Minister acknowledged in general terms — of being forewarned, once a review has been completed and before the Committee is, once again, effectively presented with a fait accompli. The Committee may well have not have raised any questions: but the Committee is nonetheless entitled to be given the opportunity to do so, which in this instance it had been denied.

16.14 We therefore asked the Minister to explain why no prior information was provided; and (given the time constraints) to do so as quickly as possible. In the meantime, we retained the draft Council Decision under scrutiny.[46]

16.15 The Minister now explains that, although the review began in October, it was not concluded until early February. The UK was "proactively involved …, including bearing down on costs and ensuring a favourable outcome in line with UK objectives". Despite "persistent lobbying of the EEAS for an early draft version of the Council Decision", he did not receive a copy until the end of January, which was finalised on 10 February following conclusion of mandate negotiations on 9 February. He had immediately then prepared his 13 February 2015 EM. Prior to that, he could not be certain of the scope and content of the EEAS proposals, and updating the Committee before receipt of the Council Decision would have risked misleading it. At the end of the day, the Council Decision "is designed to enable the Mission to continue its positive progress"; the Minister is "content that the Review and subsequent negotiations resulted in the right outcome: a modest rebalancing of the way the mission carries out its tasks", which "aligns with unchanged UK objectives for the EUTM".

16.16 The Minister goes on to "recognise this was not ideal", and to say that "had there been more time we would have informed the Committee accordingly", and that he has "reminded officials of the need to ensure the committees are updated as early as possible". Looking forward, he undertakes to update the Committee after the April Athena (financial) Committee meeting,[47] and looks to providing further summary updates "as and when developments dictate".

16.17 As our earlier related Reports relate, we have been here before. In this instance, although it is obvious that the Minister could not have told the Committee all about the review until it had been completed, we see no reason why he could not have written to tell us that it was under way, and what its terms of reference and the timeline were, and to outline what his approach was going to be. This would have given the Committee the opportunity to comment, and to judge how well the outcome corresponded with his objectives.

16.18 The process also once again calls into question whatever assurances the Minister may have received in response to his representations to the new High Representative (Federica Mogherini) in December 2014 about the importance of early publication of documents to allow adequate time for scrutiny to take place.

16.19 Moreover, as our Report on the latest iteration of the EU's restrictive measures against the Mugabe regime illustrates,[48] this problem is far from confined to this particular mission. Our conclusion is accordingly similar.

16.20 We look forward, of course, to receiving a further update after the Athena meeting to which the Minister refers. But something more systemic seems required.

16.21 Sometime this summer there will be a new government, and a new Committee. In the meantime, we ask the Minister to initiate a "lessons learned" review in his Department, the purpose of which would be to ensure that the requirements of the "upstream" scrutiny is embedded in all parts of the FCO whose business is touched by the CSDP and ESDP process. Even now, "as and when developments dictate" seems a recipe for further misunderstanding.

16.22 We would suggest, as a starting point that, when a Council Decision is presented to the Committee for scrutiny, on restrictive measures or a mission, it should contain no surprises; i.e., it has been preceded by correspondence that prepares the ground and enables the Committee, if appropriate, to respond along the way. In some instances, this happens; but the process is not ingrained.

16.23 We therefore ask the Minister to do what he can to ensure that a system is devised whereby this essentially simple process — of keeping Committee requests under review, and writing as and when requested, or because it is in other ways timely to do so — is embedded in FCO policy departments who handle this business, and becomes part of the overall scrutiny process to which he has so often professed himself committed.

16.24 In the meantime, we now clear the document.

Full details of the documents: Council Decision amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (EUTM Somalia): 36656, —.

Background

16.25 As explained in detail in our earlier relevant Report,[49] developments after the adoption of Council Decision 2010/96/CFSP[50] effectively moved ahead "under the radar", as the Minister for Europe maintained that the information in the 2011 progress report 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.

16.26 After a progress evaluation 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 by providing 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.

16.27 Then, in December 2012, a further Council Decision was put forward, which extended the mandate for a further 27 months; took the total cost over the €20 million mark; shifted training from Uganda to Mogadishu (reflecting welcome improvements in security); and broadened the scope. The Committee noted that this was more than academic: a mission that had begun with a short life in mind had now morphed into one that would not only be, at least, nearly five years long, but which — as it branched into security sector reform, and political and strategic level mentoring that (as the Minister for Europe, Mr David Lidington, put it at the time) "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, lengthy and of doubtful effectiveness, as in the Democratic Republic of Congo.[51] The Committee was also concerned over the lack of information from the Minister during the preceding 18 months. Though there might well be a compelling case for this expansion, the Committee felt that the House was not being given the opportunity to examine it properly, and recommended that it be debated in the European Committee (which was combined with a similar "short notice" draft Council Decision on a new military mission to Mali, EUTM Mali, and took place on 16 January 2013[52]).

16.28 In 2013, the Minister provided further updates on progress thus far and on the budget. Although the EU said previously that €11.6 million would be a maximum amount, he had closely scrutinised the Operation Commander's more detailed budget of €13.394 million —an increase of 15.4% on the initial estimate — and believed that it was justified. The Minister nonetheless pledged himself to "continue to monitor and to bear down on costs, where appropriate, and evaluate results, including during the next annual review", and "to push for improvements in the process for EU budgeting and forecasting of future requirements for EU military operations".

16.29 At that time, the Committee were also considering three other CSDP missions — in Mali, in Niger and in the Horn of Africa — that, to varying degrees, demonstrated challenges to the budgeting process. The Committee noted that it would like to hear more about his success in these areas — budgeting, evaluation and forecasting — at the time of the next annual review, since the need was apparent.[53]

16.30 The Committee's consideration of this latest Council Decision is set out above.

The Minister's letter of 6 March 2015

16.31 The Minister says:

"The UK was proactively involved in the Strategic Review, including bearing down on costs and ensuring a favourable outcome in line with UK objectives. Negotiations and discussions on the review and Mandate renewal took between October and early February. Despite persistent lobbying of the EEAS for an early draft version of the Council Decision, to help inform the Parliamentary Committees, we did not receive a copy until the end of January. At this point we began the process of submitting for Parliamentary scrutiny, which we finalised on 10 February following conclusion of mandate negotiations on 9 February.

"Providing a detailed update before receipt of the Council Decision would have risked misleading the Committee. We could only be certain about the scope and content of the EEAS proposals once that Decision was available. We are content that the Review and subsequent negotiations resulted in the right outcome: a modest rebalancing of the way the mission carries out its tasks. This aligns with unchanged UK objectives for the EUTM. The Council Decision is designed to enable the Mission to continue its positive progress. As soon as we received the Council Decision we started preparing the Explanatory Memorandum to inform the Parliamentary Scrutiny Committee.

"I recognise this was not ideal, and had there been more time we would have informed the Committee accordingly. I have reminded officials of the need to ensure the committees are updated as early as possible. Looking forward, I will update the Committee after the April Athena (financial) Committee meeting, and look to provide further summary updates for EUTM Somalia as and when developments dictate."

Previous Committee Reports

Thirty-fourth Report HC 219-xxxiii (2014-15), chapter 8 (25 February 2014); also see (34518), —: Eighth Report HC 83-viii (2013-14), chapter 16 (3 July 2013) and Twenty-fifth Report HC 86-xxv (2012-13), chapter 1 (19 December 2012).


43   (34518), -: Eighth Report HC 83-viii (2013-14), chapter 16 (3 July 2013) and Twenty-fifth Report HC 86-xxv (2012-13), chapter 1 (19 December 2012) for full background. Back

44   AMISOM is a regional peacekeeping mission operated by the African Union with the approval of the United Nations, which was created by the AU's Peace and Security Council on 19th January 2007 with an initial six month mandate. Back

45   UN News Centre. Back

46   Thirty-fourth Report HC 219-xxxiii (2014-15), chapter 8 (27 February 2014). Back

47   Athena. Back

48   See (36694), - and (36695), - at chapter 19 of this Report. Back

49   (34518),-: Eighth Report HC 83-viii (2013-14), chapter 16 (3 July 2013). Back

50   Council Decision. Back

51   EUSEC RD Congo. Back

52   The record of the debate is available at Gen Co Deb, European Standing Committee B, 16 January 2013, cols. 3-24. Back

53   (34518), -: Eighth Report HC 83-viii (2013-14), chapter 16 (3 July 2013) and Twenty-fifth Report HC 86-xxv (2012-13), chapter 1 (19 December 2012) for full background. Back


 
previous page contents next page


© Parliamentary copyright 2015
Prepared 20 March 2015