3 Government decision-making on national
security
The National Security Council
ESTABLISHMENT
76. On 12 May 2010 the Government announced
that the Prime Minister had appointed Sir Peter Ricketts as the
first National Security Adviser, a new role based in the Cabinet
Office. Sir Peter was charged with establishing the new National
Security Council (NSC) structures, to "coordinate and deliver
the Government's international security agenda".[122]
The NSC is chaired by the Prime Minister and made up of Cabinet
ministers (although in the past it has included non-Cabinet ministers).
Others can be invited to attend, including the Chief of the Defence
Staff, the Heads of the Security and Intelligence Services, the
Attorney General, the Leader of the Opposition or outside experts.
77. The Cabinet Office's written evidence states
that the NSC had several sub-committees: NSC (Threats, Hazards,
Resilience and Contingencies), NSC (Nuclear), NSC (Emerging Powers),
and NSC (Libya) each with a different membership and including
some Ministers who are not members of the NSC. The NSC meets weekly.
Lord West noted that the NSC consisted of similar people and had
a similar meeting schedule to the NSID (National Security International
Relations and Development Cabinet sub-Committee) which operated
under the previous Government (although NSID did not have an official
with the title of National Security Adviser).[123]
78. The 2010 NSS and SDSR were prepared by the
NSC's staff. The NSC decided what "priority risks" the
NSS would cover.[124]
It also agreed the NSS, and the "adaptable posture"
set out in the SDSR.[125]
ROLE OF THE NSC
79. We were told that the NSC's role was to look
at "strategic questions of Government policy, including those
related to our active deployments". It has a separate role
from COBR (Cabinet Office Briefing Roomthe Government's
crisis management facility), which focuses on crisis management
and co-ordination.[126]
While there are clearly strategic implications to some decisions
made in a crisis, we were told that this distinction worked well
in practice.[127] Oliver
Letwin told us that COBR was:
there to receive information, to make operational
decisions.... That is completely separate from the NSC except
in so much as the NSC will have, with the approval of Cabinet,
determined the resources that are being used to deal with the
operational questions that are before COBR and will have set the
main policy lines that may be being applied.[128]
LESSONS FROM LIBYA
80. The NSA's Libya crisis report made
it clear that NSC (Libya) (NSC(L)) looked at both strategic and
tactical issues.[129]
NSC(L) alone met 62 times[130]
and in addition there were meetings of the NSC and NSC(Officials).
The report said that "A clear lesson is that the conduct
of modern conflicts [...] requires Ministers to be abreast of
the tactical as well as strategic issues".[131]
Real time military, intelligence and diplomatic assessment (including
from theatre) was made available to Ministers. NSC(Officials)
co-ordinated implementation of decisions and development of policy,
including holding video conferences with key UK missions overseas.[132]
81. Sir Peter Ricketts told us that in a new
conflict like Libya there were far more decisions to make policy
on than with a more established conflict (such as Afghanistan)
where the policies and structures were settled.[133]
He described NSC(L) as a "more operational forum" and
said that this was how things had been done during the Second
World War.[134] He
said that:
Ministers are very careful to respect the operational
responsibilities of, say, the senior police commander of a terrorist
operation or the Chief of Defence Staff in relation to the Armed
Forces, but they want to set the political direction on each of
the operational issues that come up.[135]
82. It is clear to us that any committee meeting
over 60 times in a relatively short period to discuss one topic
is doing far more than looking at the strategic direction of the
campaign. We have not taken detailed evidence on the management
of the Libya campaign, and so we are not in a position to pass
judgement on how it was handled, or on whether the NSC (or NSC(L))
was the correct organisation to take the lead. What we can say
is that the NSC, through its Libyan sub-committee, has clearly
devoted considerable time and resources to non-strategic issues,
and that this inevitably must have increased pressure on the time,
resources, and focus available to devote to strategic issues.
83. We welcome the introduction
of an NSC to give strategic direction to the Government's national
security agenda, but we are not convinced that the NSC has successfully
maintained its strategic focus. We are left with the distinct
impression that is has been deeply involved in operations and
this may have reduced its ability to think strategically.
HORIZON-SCANNING
84. We asked the Cabinet Office for examples
of longer term strategy work carried out by the NSC (and a guide
as to what was considered long term) and were told "NSC discussions
regularly look at strategic issuesHMG's policy position
for Afghanistan post 2014, for instance, and its strategy for
managing a range of bilateral relations."[136]
We also asked for examples of "blue skies thinking",
and were advised that:
The NSC draws on a wide range of advice and analysis
produced by departments on the NSC. Departments frequently engage
outside experts and consider alternative approaches when formulating
policy advice to the Council. Separately, the NSC Officials (non-ministerial)
group meets quarterly in an informal setting to reflect on issues
outside the rhythm and routine of the regular NSC schedule.[137]
85. We asked how the agenda was shaped and were
told that:
The NSC agenda is produced by the Secretariat of
the National Security Council on a quarterly basis for submission
to the Prime Minister. The agenda is shaped by proposals from
departments, as well as in consultation with Number 10 and the
Deputy Prime Minister's office, and is kept sufficiently flexible
to respond to urgent priorities and enable the NSC to oversee
HMG's policy response to national security crises.[138]
The Cabinet Office told us that, while the NSC shaped
intelligence collection priorities through the annual Joint Intelligence
Committee (JIC) Requirements and Priorities round, there was "no
comprehensive process for the NSC itself to identify emerging
risks".[139]
86. We are concerned that the
Cabinet Office was unable to provide us, either in public or in
confidence, with concrete examples of "blue skies" discussions
by the NSC. Coupled with its failure to discuss the national
security implications of either the Eurozone crisis or the possibility
of Scottish independence, it is apparent that there are major
problems in the way that the NSC selects topics for discussion.
The National Security Adviser
87. Sir Peter Ricketts was NSA from May 2010
to the end of 2011 when he was replaced by Sir Kim Darroch. As
the first NSA, Sir Peter was charged with establishing the new
NSC structures and helped produce the 2010 NSS. He told us about
his role:
I have three hats. One is I am the secretary of the
National Security Council and I prepare the meetings; [...] I
have a meeting of Permanent Secretary representatives of all the
departments on the NSC; we meet before the NSC to prepare the
papers and the agenda; and then I am secretary of the meeting
and responsible for implementation and follow up.[...] The second
role is effectively as a foreign policy adviser to the Prime Minister.
Because of my background, he looks to me for advice; I attend
his meetings in London; I travel with him when he goes overseas;
and I act as his senior adviser on foreign affairs. The third
function is heading the [National Security] Secretariat in the
Cabinet Office.[140]
88. It is notable that both Sir Peter and his
successor, Sir Kim Darroch, have been drawn from the FCO. Lord
West said that this was "probably quite a damaging thing".[141]
Baroness Neville-Jones thought the Civil Service needed deliberately
to develop a pool of people with experience in various departments
who could be considered for the role because "it will not
happen by accident".[142]
89. Oliver Letwin did not see it as a problem
that both NSAs were from the Foreign Office. He told the Committee
that Sir Peter's background had not led to:
any prejudice against being concerned with domestic
security. On the contrary, he has been very concerned indeed with
domestic security, as well as international security. [...] I
have dealt a good deal with his successor in his capacity as the
UK Representative to the EU and my impression is that he is of
the same cast of mindI am sure that the Prime Minister
would not have appointed him if he had not been.[143]
In his evidence Sir Peter Ricketts drew attention
to the range of experience that both he and his successor had,
and the impossibility of any candidate having a range of experience
covering the whole national security spectrum.[144]
In its written evidence the Cabinet Office said that "future
appointments [as NSA] could be drawn from a range of Departments
and Agencies."[145]
90. We also discussed the ideal length of appointment
for an NSA (Sir Peter Ricketts was in post approximately 20 months).
Baroness Neville-Jones said that she thought that a parliament
[five years] was a good length for the appointment of a NSA.[146]
Sir Peter Ricketts told us that: "I suspect that Sir Kim
will spend longer [as NSA]. I came to this job having already
done four years as Permanent Secretary in the FCO; he will come
back fresh from a posting overseas". [147]
91. We acknowledge Sir Peter
Ricketts' significant contribution as NSA in setting up the NSC
and launching the 2010 NSS. Sir Kim Darroch also brings a distinguished
record to the office. We hope that Sir Kim Darroch will be able
to remain in post long enough to complete the next NSS.
92. We welcome the appointment
of a National Security Adviser, though we still have questions
about the nature of the role, and its status. We have concerns
too that the current and former NSA both have a FCO background.
The Government has assured us that this has not led to a lack
of focus on domestic issues, but this was not a view that all
our witnesses shared. In addition we noted a lack of military
focus in the NSA's Libya Crisis report. We welcome the Government's
commitment that future appointments could be drawn from a range
of Departments and Agencies. We shall be monitoring this.
LINE MANAGEMENT OF THE SECURITY
AND INTELLIGENCE AGENCIES HEADS
93. Baroness Neville-Jones told us in her evidence
that the Heads of the three Security and Intelligence Agencies
"are in attendance at the NSC and are invited to speak, and
they speak frequently".[148]
Oliver Letwin told us that the NSC had given the Heads of the
Agencies greater opportunity to talk to Ministers and the Prime
Minister.[149] Under
the governing legislation, the Heads are required to provide an
annual report to the Prime Minister.[150]
94. Sir Peter Ricketts told us in oral evidence
that "I hold the budget for the intelligence agencies; I
am the principal accounting officer for that, and I do the line
management, the annual appraisal and oversight of the three agency
heads."[151] He
also told us that: "I have a responsibility for the intelligence
community; while each of the three agency heads has their own
responsibilities in their own fields, I have the responsibility
to make sure they are working effectively together."[152]
The Cabinet Office told us in written evidence that Sir Peter
Ricketts was responsible for writing the personal annual staff
reports for the three Heads.[153]
We asked if Sir Kim Darroch would have the same responsibility
and were told that he would and the job had been passed from the
Cabinet Secretary to the NSA when the role was created.[154]
95. It is important that the
Heads of the Security and Intelligence Agencies have access to,
and are directly accountable to Ministers, and we have been told
that this remains the case. We think it wrong that the performance
of the three Agency Heads should be reported on by anyone other
than the relevant Minister.
A National Security Minister?
96. Lord West was Parliamentary Under-Secretary
of State (Security and Counter-terrorism), a role based at the
Home Office under the previous Government. Baroness Neville-Jones
was Minister of State for Security and Counter-Terrorism, at the
Home Office from the Election until May 2011; she was not replaced.
She had a seat on the NSC but was not in the Cabinet. The current
situation is that there is an International Security Minister
at the Ministry of Defence (Mr Gerald Howarth MP), and a Counterterrorism
Minister at the Home Office (Mr James Brokenshire MP).[155]
Neither sits on the NSC. Sir Peter Ricketts told us that James
Brokenshire had taken over most of Baroness Neville-Jones's role
at the Home Office but that Francis Maude had taken over responsibility
for cyber security at the Cabinet Office (he also does not sit
on the NSC).[156] He
assured us that there was a Minister responsible for all the different
parts of Baroness Neville-Jones's portfolio.
97. In oral evidence we heard arguments for a
National Security Minister, rather than, or in addition to, an
official as NSA. Lord West told us that "the Prime Minister
is so tied up with others things that I felt that you needed someone
who had his eye on the ball all the time", and that the job
required someone with "political antennae" as well.
[157] The minister's
job would be to make sure the Prime Minister was aware of important
issues, but that the person needed to be a minister because he
"just felt that one would have much more ability to make
sure that departments worked together".[158]
The House of Commons Defence Committee has said that:
we believe that a dedicated, powerful and independent
long-term voice for national security should exist within Government
and recommend that the Prime Minister appoint a National Security
Minister, separate from the Home Office, to act as National Security
Adviser with a seat on the National Security Council.[159]
98. Sir Peter Ricketts saw potential problems
in having a cross-cutting security Minister:
If you have a Minister, they will inevitably overlap
at ministerial level with the responsibilities of the Foreign
Secretary, the Defence Secretary, the Development Secretary and
the Home Secretary. I have great respect for Ministers, but my
experience is that, if you give two Ministers overlapping responsibilities
for the same thing, it is not always a recipe for harmony.[160]
Baroness Neville-Jones felt that there could be constitutional
problems, as well as the risk of damaging the Foreign Secretary's
status abroad.[161]
Even Lord West, who was in favour of a minister, recognised that
a National Security Minister would have to be carefully chosen
to ensure that he or she did not become overly powerful and upset
the current system of ministers being responsible for departments.
[162]
99. The current Prime Minister
takes a keen interest in national security and regularly chairs
the NSC. The Government does not see the need for a National Security
Minister at present, and we can see the clear advantages to the
NSA being an official. However, the Prime Minister's active involvement
is a key element of the current arrangements. Were this to change,
and were the right person available, the question of appointing
a National Security Minister would need to be reconsidered.
CLARITY OF RESPONSIBILITY
100. We took evidence from Oliver Letwin, Minister
for Government Policy Advice at the Cabinet Office, as we were
advised that he was the most appropriate minster to give evidence.
He told us that:
I have no direct reporting relationship to the National
Security Secretariat, which reports to the Prime Minister. The
National Security Adviser, whom I am sure you will be interviewing
in due course, reports directly to the Prime Minister
He went on to say that "I suppose that my role
there is to look across the pattern of policies that emerge from
the National Security Council and to observe how they connect
with the rest of our strategies and policies, because my role
in the Government is to do that in general". [163]
101. Sir Peter Ricketts told us that the Government
had noticed that there was a lack of a ministerial lead on cyber
security once Baroness Neville-Jones had left and that that had
led to the appointment of Francis Maude. It had also organised
a ministerial lead for space strategy. He was unable to tell us
who was the ministerial lead on electromagnetic pulses.[164]
We were subsequently told that there was no ministerial lead;
different elements were handled by different departments.[165]
102. We are not convinced that
all involved in Government are clear on which Minister is accountable
for which elements of the NSS and NSC. It is even harder for those
outside Government, including Select Committees, to identify who
is accountable. This confusion over responsibility is not indicative
of a well functioning organisation and the Government needs to
address this.
The National Security Secretariat
103. The NSA leads a secretariat (NSSec) comprised
of approximately 200 individuals across several teams (although
around 70 of these work in the Civil Contingencies Secretariat,
dealing with domestic resilience).[166]
The rest of NSSec "coordinates the development and implementation
of policy for decision-making at the NSC, delivers specific projects,
for example on cyber security". The Cabinet Office told us
in its submission in February 2011 that structural changes were
underway, which would see a reduction in staff by around 25%.
The NSC and its subcommittees are supported by a small Council
Secretariat (with a core of two people) responsible for coordinating
operational matters. As a result:
The National Security Secretariat (NSSec), has a
limited capacity to undertake analysis and commission wider work.
But the primary role of the Secretariat is to support the NSC
rather than to duplicate the work of other departments.
104. Lord West thought that the current level
of resources was not acceptable saying that, despite the potential
to draw on the work of departments, "you probably need a
slightly stronger secretariat within the Cabinet Office [...]
with more authority to do certain things and to draw on this information".[167]
105. Other Select Committees have raised concerns
about the current arrangements. The Defence Committee noted that
if work was commissioned from departments there was a danger it
would not be independent and would push departmental agendas.[168]
It called for more "resources to undertake its own analysis
and commission research".[169]
The Public Administration Select Committee made a similar point:
We remain concerned that without this capacity the
NSC can only broker compromises between departmental views based
on incompatible principles [...] The NSC is not "a powerful
centre of strategic assessment" as the [Government's] response
claims because it lacks virtually any staff to undertake such
work.[170]
106. Sir Peter Ricketts told us in oral evidence
that the NSC could draw on other resources:
we have recently formed a team in the Cabinet Office
bringing together experts from the MoD world, the commercial space
world and other civil servants to produce a national space strategy
under the leadership and co-ordination function of the Cabinet
Office. That is an ad hoc team that has come together, will produce
a strategy and will then disperse again.[171]
He described the current capacity as "limited"
but "extremely high quality" and noted that "provided
you can bring together the really good people thinking about research
and policy in the Home Office, in DfID, the MoD and the FCO, and
draw on the best of them, you do not actually need a large staff
in the Cabinet Office to do it as well".
107. Baroness Neville-Jones felt that it was
important that the departments did the work:
It is very important that other departments are also
thinking. I would like to see all departments have some think-tank
element within them. [...] it is important that departments should
maintain an open dialogue and allow themselves to talk to experts
in their area so that the Government do not cut themselves off
from expertise.[172]
She went on to stress that it was important that
departments did policy thinking to ensure that Secretaries of
State were in charge of that thinking and that Cabinet Government
remained vibrant. She also wanted departments to be able to stand
up to the NSC.[173]
108. We share Baroness Neville-Jones's view that
the departments should maintain the primary responsibility for
thinking within Government. However we do not see that departments
are at any risk of not being able to "stand up to" the
NSC. The NSC has relatively few resources to develop a view different
from that of departments.
109. We accept that the NSC
should primarily draw on, and synthesise, the work of other departments,
rather than seek to duplicate the analytical capabilities of other
departments and agencies. However, the NSC was set up to ensure
that things do not fall into the gaps between departments, and
in this context we recommend that the NSC should have some resources
to undertake its own analytical studies and to commission research
from outside Government. It may need to provide alternative viewpoints
to those of departments.
Outside expertise
110. We examined what use the NSC had made of
outside experts, both during the completion of the NSS and since.
The House of Commons Defence Committee has said that "given
the speed of the [SDSR] we are not convinced that the best use
was made of experts from outside the Department"[174].
Similarly the House of Commons Science and Technology Committee
has expressed concern that the Government's Chief Scientific Adviser
had not been adequately involved in drawing up the NSRA.[175]
Baroness Neville-Jones told us that the UK's allies were consulted,
and suggested that for the next NSS the then Government might
like to consult experts. [176]
111. Sir Peter Ricketts told us that there had
been consultation with experts: "when we were doing the National
Security Strategy or the SDSR, [...] we drew heavily on the expertise
of RUSI, Chatham House, IISS and a number of other outside commentators
and researchers in the national security area."[177]
We challenged the Minister on this and in written evidence after
his oral evidence, Oliver Letwin told us that during the development
of the NSS "There were extensive and ongoing discussions
with key think tanks and academic institutes, NGOs, industry organisations
and international partners (notably the US and France)".[178]
Specifically he told us that there had been three meetings with
"senior representatives from Chatham House, RUSI, the International
Institute for Strategic Studies, and Kings College London, as
well as other influential individuals within the national security
community".
112. The current Government discontinued the
National Security Forum, which was introduced by the previous
Government, consisting of outside experts chaired by a Minister.[179]
Lord West, who chaired it, told us that "we were able to
have debates about that with a fantastic mix of peopleNobel
Prize winners, previous diplomats, the military, top industrialists
et cetera".[180]
As well as holding debates it:
set tasks to these people to come up with papers
on how important sovereignty is in certain areas, such as in crypto
or in nuclear submarines or whatever it might be. They would go
away and not just do the work themselves but the deep specialists
who had friends within academia, and so on, would go and get work
sucked in from them and you would get some very useful input.[181]
113. In written evidence the defence and securities
industry trade body ADS said that:
ADS's principal recommendation is that the NSC should
develop stronger mechanisms of engagement with the UK-based defence
and security industries. [...]There would be value in the National
Security Adviser and/or his deputies engaging with the defence
and security industries on a regular basis; taking account of
the risks and opportunities that industry sees in the area of
national security.
114. We discussed with witnesses whether Ministers
were being "protected" from the views of outside experts.
We asked how often the NSC heard from outside experts in person.
Sir Peter told us that it was "not day to day but from time
to time we have drawn on, for example, outside experts in talking
about Afghanistan. We have brought in experts who are knowledgeable
about Afghanistan to participate and make sure that we are taking
the full range of views that are available on Afghanistan policy."[182]
We asked again for examples in written evidence and were again
given the example of Afghanistan and told that "Ministers
on the NSC may of course consult experts in preparation for the
NSC and the normal conduct of their business".[183]
115. Given the timescale of
the 2010 NSS, it is perhaps not surprising that the involvement
of outside experts was limited. However, given the much longer
lead time for the next NSS, we would expect more detailed input
throughout the process.
116. We have concerns about
the limited extent to which the NSC has in practice drawn on non-governmental
advice. Clearly some good work has been done but we are not convinced
it is varied or frequent enough. Given the decision to abolish
the National Security Forum, measures must be put in place to
ensure that Ministers have regular exposure to advice from outside
experts.
122 http://www.number10.gov.uk/news/establishment-of-a-national-security-council/
Back
123
Qq 66-8 Back
124
NSS, para 3.14. Back
125
SDSR, p9. Back
126
Cabinet Office 02. Back
127
Oliver Letwin Q109 and Lord West Qq 70-1 Back
128
Q 109 Back
129
Libya crisis: national security adviser's review of central
coordination and lessons learned, p 7. Back
130
Libya crisis: national security adviser's review of central
coordination and lessons learned, p 19. Back
131
Libya crisis: national security adviser's review of central
coordination and lessons learned, p 19. Back
132
Libya crisis: national security adviser's review of central
coordination and lessons learned, p 3. Back
133
Q 155 Back
134
Q 155 Back
135
Q 155 Back
136
Cabinet Office 05. Back
137
Cabinet Office 05. Back
138
Cabinet Office 05. Back
139
Cabinet Office 05, A11 Back
140
Q 125 Back
141
Q 84 Back
142
Q 31 Back
143
Q 110 Back
144
Q 129,131 Back
145
Cabinet Office 02. Back
146
Q 31 Back
147
Q 130 Back
148
Q 19 Back
149
Q 111 Back
150
The Security Service Act 1989 states that the Director-General
will make an annual report to Prime Minister and the Secretary
of State and may at any time report to either of them on any matter
relating to its work. The Intelligence Services Act 1994 has similar
provisions for the Chief of the Intelligence Service and the Director
of GCHQ. Back
151
Q 125 Back
152
Q 125 Back
153
Cabinet Office 05. Back
154
Cabinet Office 05. Back
155
Q 133 Back
156
Q 135 Back
157
Q 81 Back
158
Q 81 Back
159
HC 761, Para 34 Back
160
Q132 Back
161
Q31 Back
162
Qq 77-84 Back
163
Q 88 Back
164
Q 136 Back
165
Cabinet Office 03. Back
166
The NSS was drawn up by a team who also prepared the SDSR. After
both were completed the team was disbanded and NSSec reverted
to the pre-SDSR structure. (HC 761, para 36). Back
167
Q 55 Back
168
HC 761, Para 57. Back
169
HC 761, Para 37. Back
170
HC 713, paras 8-9. Back
171
Q 36 Back
172
Q 22 Back
173
Q 29 Back
174
HC 761 para 217 Back
175
House of Commons Science and Technology Committee, Third Report
of Session 2010-12, Scientific advice and evidence in emergencies,
HC 498. Back
176
Q 30 Back
177
Q 137 Back
178
Cabinet Office 03. Back
179
Q 73 Back
180
Q 51 Back
181
Q 55 Back
182
Q 137 Back
183
Cabinet Office 05. Back
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