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Arms Control and Disarmament Inspections) Bill [HL]

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Arms Control and Disarmament Inspections) Bill [HL] RESEARCH PAPER 03/70 Arms Control and 16 SEPTEMBER 2003 Disarmament (Inspections) Bill [HL] Bill 50 of 2002/03 The 1990 Treaty on Conventional Armed Forces in Europe (CFE) establishes limits on heavy military equipment held within Europe. Revisions to the Treaty were decided upon in 1999 under an Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe, which includes an enhanced inspection regime to verify compliance by States Parties. The Arms Control and Disarmament (Inspections) Bill [HL] would introduce amendments to a 1991 Act that grants visiting inspectors access rights to UK facilities. This paper provides background on the CFE Treaty and the Agreement on Adaptation, and looks at the main provisions of the Bill. It also examines the views expressed during consideration in the Lords and in the Defence Committee’s report on the Bill of April 2003. Furthermore, it includes background on the issue of private ownership and operation of military facilities and equipment. Tim Youngs and Claire Taylor INTERNATIONAL AFFAIRS AND DEFENCE SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: List of 15 most recent RPs 03/55 Unemployment by Constituency, May 2003 11.06.03 03/56 The Convention on the Future of Europe: institutional reform 12.06.03 03/57 Economic Indicators [includes article: The RPI to HICP – a new inflation 01.07.03 measure for the UK] 03/58 The draft Treaty establishing a European Constitution: Parts II and III 07.07.03 03/59 UK Election Statistics: 1945-2003 07.07.03 03/60 The draft Treaty establishing a European Constitution: technical and 07.07.03 constitutional issues in Parts I and IV 03/61 The Sexual Offences Bill [HL]: Policy Background [Bill 128 of 2002-03] 10.07.03 03/62 The Sexual Offences Bill [HL] [Bill 128 of 2002-03] 10.07.03 03/63 Unemployment by Constituency, June 2003 16.07.03 03/64 Parliamentary pay and allowances 16.07.03 03/65 Delivering the Decent Homes Standard: social landlords’ options 07.08.03 and progress 03/66 Unemployment by Constituency, July 2003 13.08.03 03/67 The Water Bill [HL] [Bill 149 of 2002-03] 04.09.03 03/68 The Swedish Referendum on the Euro 15.09.03 03/69 The Northern Ireland (Monitoring Commission etc) Bill [HL] 16.09.03 [Bill 158 of 2002-03] Research Papers are available as PDF files: • to members of the general public on the Parliamentary web site, URL: http://www.parliament.uk • within Parliament to users of the Parliamentary Intranet, URL: http://hcl1.hclibrary.parliament.uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. Any comments on Research Papers should be sent to the Research Publications Officer, Room 407, 1 Derby Gate, London, SW1A 2DG or e-mailed to [email protected] ISSN 1368-8456 Summary of main points The 1990 Treaty on Conventional Armed Forces in Europe (the CFE Treaty) established limits on the numbers of conventional combat aircraft, tanks, attack helicopters, armoured combat vehicles and artillery pieces that could be held within Europe (from the Atlantic Ocean to the Ural mountains) by NATO and the Warsaw Pact. The Treaty is widely recognised as a cornerstone of security in Europe.1 Compliance with the Treaty’s obligations is verified by means of an elaborate inspection regime. Under the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe (the Agreement on Adaptation), which was signed in Istanbul in November 1999, revisions to the Treaty were decided upon to reflect the profound historical changes that have occurred across Europe since 1990. In addition to other revisions, the Agreement provides for an enhanced inspection regime involving a new type of inspection and an increase in the number of existing types of inspection that each state party is liable to host. The Agreement will come into force once all States Parties have submitted their instruments of ratification. In the meantime, the 1990 CFE Treaty remains in force. The Arms Control and Disarmament (Inspections) Bill [HL], Bill 50 2002-03, would amend the original Arms Control and Disarmament (Inspections) Act 1991 (chapter 41) relating to the CFE Treaty. The Bill has two main functions: • to grant visiting inspection teams additional rights of access to UK sites as required under the Agreement on Adaptation; and • to confer on the Government a power to make further amendments to the 1991 Act should they be needed to implement future amendments to the Treaty. The Agreement on Adaptation has been signed but not ratified by the United Kingdom and its NATO allies due to concerns over delays on the part of Russia in complying with its treaty obligations. The Bill paves the way for ratification and would allow the Government to proceed with ratification at the appropriate time without further parliamentary proceedings. The Defence Committee considered the Bill in a report of April 2003 and recommended that the House should pass it. The Committee also sought a specific undertaking from the Government at Second Reading to notify the House 21 days prior to ratification, so as to give the House a further opportunity to consider the Agreement and issues related to it. The Government says it is content to give such an undertaking. 1 The Treaty on Conventional Armed Forces in Europe (CFE) adapts to a new era, FCO Focus International paper, July 2000, from http://files.fco.gov.uk/info/briefs/armedforces.pdf CONTENTS I Introduction 9 II The Treaty and the Process of Adaptation 10 A. Treaty on Conventional Armed Forces in Europe (CFE) 10 1. Core Provisions 10 2. Inspection Procedures 12 3. Entry into Force 12 4. Implementation 12 B. CFE-1A Agreement 13 C. Agreement on Adaptation 14 1. Core Provisions 14 2. Changes to the Flank Zones 16 3. Accession of non-CFE Treaty States 17 D. 2001 CFE Review Conference 17 E. Outstanding compliance issues 18 1. North Caucasus 19 2. Russia and Georgia 19 3. Russia and Moldova 21 F. Progress towards ratification 21 III Arms Control and Disarmament (Inspections) Bill 22 A. Developments prior to the Bill’s Publication 22 B. Summary of the Bill 22 C. Progress of the Bill 23 D. Debate in the Lords 24 E. Main provisions of the Bill 25 1. Clause 1 and Schedule 1 – Amendments to Rights of Access 25 2. Clause 2 – Implementation of future revisions to the CFE Treaty 29 3. Clause 3 – Short title, commencement and extent 32 4. Financial effects and effects on Public Service manpower 36 5. Regulatory Impact Assessment 36 6. European Convention on Human Rights 38 IV Related Issues 39 1. Part-Privatisation of DERA 39 2. Revised PPP Proposal 42 3. QinetiQ 44 Appendix 1 – Map of the existing CFE Treaty Area 49 Appendix 2 – Text of the 1991 Act showing proposed Bill amendments 50 RESEARCH PAPER 03/70 I Introduction The 1990 Treaty on Conventional Armed Forces in Europe (the ‘CFE Treaty’) established limits on the numbers of combat aircraft, tanks, attack helicopters, armoured combat vehicles and artillery pieces that could be held within Europe by the North Atlantic Treaty Organisation (NATO) and the Warsaw Treaty Organisation (Warsaw Pact).2 Compliance with the Treaty’s obligations is verified by means of an elaborate inspection regime. The provisions of the Treaty are implemented in the United Kingdom, as far as necessary, by the Arms Control and Disarmament (Inspections) Act 1991 (chapter 41),3 which, among other things, provides rights of entry to privately owned or operated sites so that international teams can carry out inspections. Revisions to the Treaty to reflect the dramatic political changes that have occurred across Europe since 1990 were decided upon under an Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe (the ‘Agreement on Adaptation’), which was signed in Istanbul in November 1999.4 The Agreement provides for an enhanced inspection regime, involving a new type of inspection and an increase in the number of existing types of inspection that each state party is liable to host. The Arms Control and Disarmament (Inspections) Bill [HL], Bill 50 2002-03, would grant visiting inspection teams rights of access to UK sites as required under the Agreement on Adaptation (referred to elsewhere on occasion as the ‘Adapted Treaty’). The Bill does two things. Firstly it amends the 1991 Act so as to provide for these additional rights of entry. Secondly, it confers on the Government a power to make further amendments to the 1991 Act should they be needed to implement future amendments to the CFE Treaty. The main provisions of the Bill are covered in Section III E. The consideration of the Bill in the Lords is covered in Section III D and E. The Agreement on Adaptation has been signed by not ratified by the United Kingdom and its NATO allies due to concerns over delays on the part of Russia in complying with its treaty obligations, particularly with respect to the presence of Russian forces in Georgia and Moldova. The Bill would allow the Government to proceed with ratification at the appropriate time without further parliamentary proceedings. The Agreement on Adaptation will come into force once all States Parties have submitted their instruments of ratification. In the meantime, the 1990 CFE Treaty remains in force. 2 The full text of the Treaty on Conventional Armed Forces in Europe and related Protocols is available on the OSCE web site at: http://www.osce.org/docs/english/1990-1999/cfe/cfetreate.htm 3 The full text of the 1991 Act is at: http://www.legislation.hmso.gov.uk/acts/acts1991/Ukpga_19910041_en_1.htm 4 The full text of the Agreement on Adaptation is available on the OSCE web site at: http://www.osce.org/docs/english/1990-1999/cfe/cfeagree.htm 9 RESEARCH PAPER 03/70 II The Treaty and the Process of Adaptation A.
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