WWW.THESIS.DISLIB.INFO
FREE ELECTRONIC LIBRARY - Online materials, documents
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 10 | 11 ||

«BRIEFING PAPER 7166, 12 May 2015 Parliamentary approval By Claire Mills for military action Inside: 1. Introduction 2. Attempts at reform 3. Emerging ...»

-- [ Page 12 ] --

But now British forces join this US-led coalition more than a month after the operation began, behind France, Australia, Saudi Arabia, Jordan, the Emirates, Bahrain and Qatar and with a caveat that limits their operations to the periphery of the campaign. The Americans well understand the vicissitudes of democracy and are not making too much of this, but it comes as an unwelcome novelty for British military chiefs. 178

–  –  –

This is examined in greater detail in Library briefing SN04854, The International Security Assistance Force in Afghanistan, February 2009 Parliament had rejected a Government motion on the use of force in Syria only a

–  –  –

5. Conclusion Defining parliamentary approval for military action, in either a resolution or legislation, in a way that provides Parliament with a meaningful role, yet safeguards the Government and military’s capacity to act, is paramount. Yet it is fraught with difficulties and potentially raises more questions than it resolves.

As outlined above, all of the issues involved in drafting legislation have no definitive answers. Government Ministers, MPs, commentators and constitutional experts alike all have different expectations and different opinions on what a resolution or legislation should achieve. This dilemma also lies at the heart of the current convention and arguably is one of the reasons advocates are pushing for a more formalised solution.

There are no right or wrong answers and possibly this circle will never be squared. Achieving a solution acceptable to all will require immense political will and as such, makes the continuation and strengthening of the current convention a much more likely prospect for the foreseeable future.

57 Parliamentary approval for military action Appendix One - Political and

Constitutional Reform Committee:

Draft Resolution on Parliament’s Role in Conflict Decisions (HC 892, March 2014) That an humble Address be presented to Her Majesty praying that decisions of Her Majesty’s Government relating to the use of force by Her forces outside the United Kingdom be made subject to the following provisions.

1. Approval required (1) The approval of this House should be obtained for a conflict decision made after [insert appropriate date].

(2) A conflict decision is a decision of Her Majesty’s Government to authorise the use of force outside the United Kingdom by UK forces.

(3) Approval for a conflict decision has been given if the decision is covered by an approval given in the way set out in paragraph 2 below.

(4) In these provisions “UK forces” means forces from the regular forces or the reserve forces as defined in section 374 of the Armed Forces Act 2006.

2. Process for approvals (1) The Prime Minister seeks approval for a conflict decision by laying before this House a report setting out:a) the terms of the decision to be approved;

(b) the circumstances necessitating the use of force by UK forces;

and (c) the information about objectives, locations and legal matters that are necessary for Parliament to consider the terms to be approved.

(2) Approval should be sought by the Prime Minister as soon as practicable after the government has formulated a policy involving the use of force outside the United Kingdom by UK forces.

(3) This House gives the approval by resolving to approve the terms set out in the Prime Minister’s report.

(4) This House may send a message to the Lords asking for its opinion on the terms on which approval has been sought.

3. Exceptions to requirement for approval: urgency

–  –  –

(2) If the condition in sub-paragraph (1) of this paragraph is met, then the Prime Minister should:a) set out in a Report to the House the reasons that Her Majesty’s Government was of the opinion that the conflict decision was necessary as a matter of urgency, and it was therefore not possible to seek the House’s approval in advance; and (b) seek retrospective approval from the House no later than 20 days after a conflict decision has been made.

4. Exceptions to requirement for approval: security

(1) Prior approval is not required for a conflict decision if the public disclosure of information about the conflict decision would prejudice:a) the effectiveness of any action to be taken; or (b) the safety of the UK forces, members of other forces assisting UK forces, or other persons assisting those forces.

(2) If the condition in sub-paragraph (1) of this paragraph is met, then the Prime Minister should:a) set out in a Report to the House the reasons that Her Majesty’s Government was of the opinion that the public disclosure of information about the conflict decision could prejudice one of the conditions set out in sub-paragraph (1) of this paragraph; and (b) seek retrospective approval from the House no later than 20 days after a conflict decision has been made.

(3) But, in a case involving the condition set out in sub-paragraph (1), retrospective approval does not have to be sought so long as the circumstances set out continue to exist or the laying of the report could prejudice national security or the UK’s international relations.

5. Exceptions to requirement for approval: special forces (1) Approval is not required for a conflict decision if the decision covers one or both of the following only:a) members of the United Kingdom Special Forces; or (b) other members of UK forces for the purpose only of their assisting (directly or indirectly) activities of the United Kingdom Special Forces.

(2) “United Kingdom Special Forces” means any forces that are part of the Ministry of Defence Directorate for which the Director Special Forces has responsibility.

6. Exceptions to requirement for approval: Parliament dissolved (1) Prior approval is not required for a conflict decision if the decision is made at a time when Parliament is dissolved.

59 Parliamentary approval for military action

–  –  –

Appendix Two – International Comparisons Making comparisons with other countries is complicated by the fact that each has its own unique political history and level of military sophistication. The following tables therefore represent various attempts to summarise, in a simple way, the role of other Parliament’s when approving military action.

In October 2006 the Geneva Centre for the Democratic Control of the Armed Forces (DCAF) conducted an exercise which charted the status of a select number of Parliaments in relation to their role in the deployment of the Armed Forces. The outcome of that survey, Sending Troops Abroad, is set down as follows: 179 Geneva Centre for the Democratic Control of Armed Forces, Sending Troops Abroad, October 2006 61 Parliamentary approval for military action In 2010 DCAF published a further study entitled Parliamentary War Powers: A Survey of 25 European Parliaments. The following table is

derived from that study:

Further Reading

Pages:     | 1 |   ...   | 10 | 11 ||


Similar works:

«Verbal and Nonverbal Communication Research on the Relationship Between Verbal and Nonverbal Communication: Emerging Integrations By Stanley E. Jones and Curtis D. LeBaron The authors argue for an integrated approach in which verbal and nonverbal messages are studied as inseparable phenomena when they occur together. Addressed are assumptions of various forms of this type of research, potential relationships of quantitative and qualitative studies, current trends found in the investigations...»

«ARE BLACK HOLES REAL ? Sergiu Klainerman Princeton University November 16, 2015 TWO NOTIONS OF REALITY MATHEMATICAL REALITY. An object is real if it is mathematically consistent. PHYSICAL REALITY. A mathematical model is real if it leads to effects verifiable by experiments. Can physical reality be tested by mathematical means, in the framework of a given theory ? EXAMPLE. Black holes are specific solutions of the Einstein field equations. They exist as real, rich and beautiful mathematical...»

«Rs. 5.00 (Per Issue) Rs. 50.00 (Annual) Volume 47 June Number 6 2010 Aligarh Muslim University Gazette Vice-Chancellor Professor P.K. Abdul Azis with Students Registrar Professor V.K. Abdul Jaleel is signing MoU with from USA. of North Carolina. Football Summer Camp. Students from Malaysia Visit AMU. Our News for the World Founder Sir Syed Ahmad Khan Patron Professor P.K. Abdul Azis Vice Chancellor Aligarh Muslim University Gazette originated as The Aligarh Institute Gazette. Launched by Sir...»

«1 Report to/Rapport au : Joint Transportation Committee and Transit Commission October 9, 2013 9 octobre 2013 Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Planning and Infrastructure/Urbanisme et Infrastructure Contact Person / Personne ressource: Vivi Chi, Manager/Gestionnaire, Transportation Planning/Planification des transports, Planning and Growth Management/Urbanisme et Gestion de la croissance (613) 580-2424 x 21877, Vivi.Chi@ottawa.ca CITY...»

«15 October 2015 Severn Trent Water Limited Jemma Baker Severn Trent Centre Competition and Markets Authority PO Box 5309 Victoria House Coventry 37 Southampton Row CV3 9FH London WC1B 4AD Tel 02477 715000 www.severntrent.com www.stwater.co.uk Dear Jemma Consultation – Water and sewerage mergers: Draft guidance on the CMA’s procedure and assessment We welcome the CMA’s consultation on water mergers guidance as a progressive step to realising value for customers through increased capital...»

«CEOs FACEBOOK GUIDE Delaware Department of Transportation Secretary Jennifer Cohan tion better quality of life Executive 2016 Directory transportation.org AASHTO LEADERSHIP Bud Wright Executive Director American Association of State Highway and Transportation Officials Bud Wright is the Executive Director of the American Association of State Highway and Transportation Officials (AASHTO), a non-profit, non-partisan association that supports and represents the interests and missions of state...»

«University of Michigan Deep Blue deepblue.lib.umich.edu 2011-03-09 Best practices for producing quality digital video files Formats Group, Deep Blue http://hdl.handle.net/2027.42/83222 Best practices for producing quality digital video files Version 1.0, March 9, 2011 Digital video files are, in reality, separate audio and video bit streams and have two parts, the “wrapper” that contains this audio and video data and the “codec,” the compression-decompression algorithm that encodes this...»

«Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this announcement. This announcement appears for information purposes only and does not constitute an invitation or offer to acquire, purchase or...»

«THE SUSTAINABLE COMMODITY INITIATIVE SCI Rationale and Road-map: 2008-2011 © 2008 International Institute for Sustainable Development (IISD); United Nations Conference on Trade and Development (UNCTAD); AIDEnvironment; and International Institute for Environment and Development (IIED). Published by the International Institute for Sustainable Development 161 Portage Avenue East, 6th Floor Winnipeg, Manitoba Canada R3B 0Y4 Tel: +1 (204) 958–7700 Fax: +1 (204) 958–7710 E-mail: info@iisd.ca...»

«Revo Uninstaller Pro 3 User's Guide (Document last update 15 July 2015 ) Revo Uninstaller Pro User's Guide 1. Overview 2. User Interface 3. Uninstaller 3.1. All Programs 3.1.1. Uninstall 3.1.2. Quick Uninstall 3.2. Traced Programs 3.2.1. Uninstall 3.2.2. Custom Uninstall 3.2.3. Advanced Uninstall 3.2.4. Manage 3.3. Logs Database 3.4. Forced Uninstall 3.5. Install Programs 3.6. Hunter Mode 4. Backup Manager 5. Tools 5.1. AutoRun Manager 5.2. Junk Files Cleaner 5.3. Windows Tools 5.3.1. System...»

«1 CHAPTER ONE I couldn’t see his face, and that frustrated me but then his head dipped and he kissed me again, his mouth firm, tongue stabbing deep, stroking mine, and I forgot all about that frustration to concentrate on the other one, growing between my legs where I was swollen and slick with arousal. My entire body was pulsating. I’d never been so turned on, so hot, so ravenous for this man who loomed over me now, huge and aweinspiring in the dim shadows of my bedroom. Jesus, would he...»

«IV Congresso de Iniciação Científica e I Mostra de Pós-Graduação do Centro Universitário Belas Artes de São Paulo IV Congresso de Iniciação Científica e I Mostra de Pós-Graduação do Centro Universitário Belas Artes de São Paulo IV Congresso de Iniciação Científica e I Mostra de Pós-Graduação do Centro Universitário Belas Artes de São Paulo Febasp Associação Civil Entidade Mantenedora do Centro Universitário Belas Artes de São Paulo Estrutura Administrativa Reitor:...»





 
<<  HOME   |    CONTACTS
2017 www.thesis.dislib.info - Online materials, documents

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.