Select committee: Public Administration and Constitutional Affairs Committee

The Role of Parliament in the UK Constitution: Authorising the Use of Military Force inquiry

Closed Opened 10 Jan 2019 Closed 10 Jan 2019
Inquiry scope (the committee's words)
The decision to use military force, whether alone or as part on an international coalition is taken by the Government as an exercise of the royal prerogative power. Parliament has no legal role in authorising the use of military force, however since 2003 Parliament has been asked on a number of occasions to approve the use of military force. This has led some to suggest that the convention governing the use of the royal prerogative has changed to require parliamentary approval. This inquiry will examine the constitutional underpinning for decisions to use military force.

Where it stands

The inquiry is closed, opened 10 January 2019.

The committee has published 1 report, most recently 20th Report - The Role of Parliament in the UK Constitution: Authorising the Use of Military Force on 6 August 2019.

The government's response

Published 31 October 2019.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government agrees that Parliament has an important role in authorising military force, but remains satisfied that the current arrangements provide "the appropriate balance between Parliamentary scrutiny and operational flexibility".

  • On the Committee's proposed resolution of the House, the Government states that it "does not agree that a resolution of the House is necessary" and "does not believe that codification of this convention would be appropriate".
  • It is "mindful of the difficulties and risks" of formalising the convention, saying it cannot predict future situations and that codifying exceptions "would undermine our ability to act".
  • It does not believe a standing commitment to report on the basis for urgent action without prior consultation is necessary. Where such action is taken, a statement will be made "as soon as reasonably possible", subject to security concerns.
  • It considers that creating an exception to the rule on tabling substantive motions in advance could prevent Members giving full consideration to motions. It says changes to procedure are a matter for the Procedure Committee and the House.

Read the government's response ↗ Report an error

Reports

1 report

Oral evidence sessions

4 sessions

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Date Session and witnesses Source
20 May 2019
Oral evidence session
No witnesses recorded
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30 Apr 2019
Oral evidence session
No witnesses recorded
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26 Mar 2019
Oral evidence session
No witnesses recorded
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12 Mar 2019
Oral evidence session
No witnesses recorded
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Correspondence

1 letter

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