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Select committee: Constitution Committee

Constitutional arrangements for the use of armed force

Closed Opened 13 May 2013 Closed 13 May 2013

Constitution Committee Inquiry on parliament.uk ↗

Inquiry scope (the committee's words)
In 2006 the House of Lords Constitution Committee published a report on Parliament’s role in authorising the use of armed force overseas. It recommended that a convention be created whereby the Government should seek parliamentary approval if they are proposing to deploy British troops into actual or potential armed conflict overseas. Despite various initiatives in the years following that report, no action has been taken to bring any such proposal into effect. The Constitution Committee decided to look again at the constitutional arrangements for the use of armed force overseas. Report: Constitutional arrangements for the use of armed force Evidence: Constitutional arrangements for the use of armed force Government response: Constitutional arrangements for the use of armed force Hansard: Read debate on the Constitutional arrangements for the use of armed force, 28 November 2013

Where it stands

The inquiry is closed, opened 13 May 2013.

The committee has published 1 report, most recently 2nd Report - Constitutional arrangements for the use of armed force on 24 July 2013.

The government's response

Published 25 October 2013.

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

The Government welcomes the Lords Constitution Committee's report, agrees with several of its conclusions, and says it will reflect carefully before deciding how to proceed on formalising Parliament's role in approving deployments.

  • It agrees that the full Cabinet "must and will remain the ultimate decision-making body" on whether to use armed force overseas.
  • On amending the Cabinet Manual to describe internal arrangements for advising and deciding on armed force, it "will do so the next time a major revision" is carried out, including a description of the role of the Defence Council.
  • On court scrutiny of operational decisions, it shares the Committee's concern about effects on morale and operational independence, and will "vigorously" defend cases it considers question combat immunity, then decide "what if any further action" may be necessary.
  • On formalising Parliament's role, it has "taken careful note" of the Committee's conclusions and says any approach must not compromise emergency response capability or the security of future operations.

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Reports

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Reports

1 report