The governance of Britain: war powers and treaties: limiting executive powersFollowing on from a Green Paper (Cm. 7170, ISBN 9780101717021) published in July 2007, this consultation document discusses ways of making the executive branch of government more accountable, focusing on two areas: the power to enter into international obligations (treaties) and the power to engage the country in war. Although these are two of the most important powers a government can wield, there is no legal requirement for the House of Commons to have any particular role in these decisions, with the executive traditionally deriving its powers from the ancient prerogatives of the Crown. This consultation paper considers how the role of Parliament can be strengthened in the conduct of diplomacy and armed conflict, whilst balancing this against the need for government to take swift action to protect national security and other national interests, and avoiding undermining operational security and effectiveness. The consultation period ends on 17/01/2008. |
Contents
Foreword | 7 |
Introduction | 13 |
PART ONEWAR POWERS | 19 |
Definition of armed forces | 26 |
At what stage should Parliaments approval be sought? | 32 |
Illustrative options | 39 |
Annex A Draft options giving Parliament a formal role in the decision to send | 44 |
Annex B Other countries ways of securing Parliamentary involvement | 66 |
Extensions to the 21sitting day period | 82 |
Draft clauses for placing Parliaments role in the ratification of treaties | 85 |
About | 91 |
Common terms and phrases
21 sitting days alternative procedures approval is given approvals covering conflict approve the terms armed conflict abroad Bill circumstances Command Papers commit armed forces consultation convention covering conflict decisions covering the decision day period Defence deploy the armed deployment of armed Early Day Motion emergency condition forces in armed formal give approvals covering giving Parliament Governance of Britain House a report House of Commons House of Lords information about objectives international humanitarian law issues laid before Parliament lay the report legal matters legislation locations and legal Majesty's Government mechanism Minister thinks appropriate operations option Parliament is dissolved Parliament's approval Parliament's role Parliamentary approval participation in armed Ponsonby Rule prerogative powers Prime Minister thinks Prime Minister's report proposed approval Question ratification of treaties report setting resolution resolving to approve retrospective approval Secretary security condition special forces statutory footing Statutory Instruments sub-paragraph Treaty Series United Kingdom unlawful Wakeham Commission