APPENDIX 2: CALL FOR EVIDENCE
The Constitution Committee was appointed "to
examine the constitutional implications of all public bills coming
before the House; and to keep under review the operation of the
constitution".
The Committee has decided to conduct an inquiry on
the use of the royal prerogative power by Government to deploy
the United Kingdom's armed forces. The Committee invites
interested organisations and individuals to submit written evidence
as part of its inquiry, reflecting the guidance given below. Written
evidence should reach the Committee as soon as possible and no
later than Monday 31 October 2005.
Scope of the Committee's inquiry
In particular, the Committee invites evidence on
the following themes:
(1) What alternatives are there to the use of
royal prerogative powers in the deployment of armed forces?
(2) Can models, drawn from the practice of other
democratic States, provide useful comparisons?
(3) Should Parliament have a role in the decision
to deploy armed forces?
(4) If Parliament should have a role, what form
should this take?
(a) Should Parliamentary approval be required
for any deployment of British forces abroad, whether or not into
conflict situations?
(b) Should Parliamentary approval be required
before British forces engage in actual use of force? Is retrospective
approval ever sufficient?
(5) Is there a need for different approaches
regarding deployment of United Kingdom armed forces:
(a) required under existing international treaties;
(b) taken in pursuance of UN Security Council
authorisation;
(c) as part of UN peace-keeping action;
(d) placed under the operational control of the
UN or a third State?
(6) Should the Government be required, or expected,
to explain the legal justification for any decision to deploy
United Kingdom armed forces to use force outside the United Kingdom,
including providing the evidence upon which the legal justification
is based?
(7) Should the courts have jurisdiction to rule
upon the decision to use force and/or the legality of the manner
in which force is used. If so, should that jurisdiction be limited
by considerations of justiciability of any of the issues involved?
Background
Under the royal prerogative powers, a government
can declare war and deploy armed forces without the backing or
consent of Parliament. However, the Government did allow Parliament
a vote before the Iraq war in 2003, leading to calls that it should
be required to seek Parliament's approval before taking action
in future conflicts.
In 2004, the House of Commons' Public Administration
Committee published a report on Ministers' prerogative powers,
recommending that "any decision to engage in armed conflict
should be approved by Parliament, if not before military action
then as soon as possible afterwards".[170]
The Government responded that they were "not persuaded"
that replacing prerogative powers within a statutory framework
would improve the present position.[171]
Since then, three Private Members Bills have been brought forward
in Parliament, which seek to give Parliament a greater role in
the exercise of these royal prerogative powers.
170 Taming the Prerogative: Strengthening Ministerial
Accountability to Parliament, Session 2003-04, 16 March 2004,
HC 422 Back
171
Government Response to the Public Administration Select Committee's
Fourth Report of the 2003-04 Session, July 2004 Back
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