ISC Annual Report 2007-08
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1 the Chilcot Report Some Thoughts on International Law And
The Chilcot Report Some Thoughts on International Law and Legal Advice James A Green and Stephen Samuel+ Abstract The Report of the Iraq (Chilcot) Inquiry was finally published, 7 years after the Inquiry’s creation, on 6 July 2016. The scope of the Inquiry’s work was vast, and this was reflected in the enormous size of its final Report. The publication of the Report thus raises a multitude of questions requiring further analysis. In this short article, we aim to contribute some initial thoughts, immediately following the Report’s publication, in just two (interrelated) areas. First, we comment on the role of international law in the Chilcot Inquiry. To what extent was international law considered and how was it presented in the Report? We also ask whether the Report reaches any implicit substantive legal conclusions, despite formally refraining from determinations of law. Secondly, we review the Inquiry’s findings concerning international legal advice and legal advisers. In particular, we contribute some thoughts on the Report’s treatment of questions relating to the appropriate recipients of legal advice and its transparency, the timeliness of advice, the perception and treatment of law and legal advice by the Government, and the independence and quality of that advice. Professor of Public International Law, University of Reading. + Doctoral Candidate, University of Reading. The authors would like to thank April Longstaffe for her research assistance and the ESRC funded ‘Commissions of Inquiry: Problems and Prospects’ project based at the Human Rights and International Law Unit, University of Liverpool, for the financial support both in relation to financing April’s work for us and for funding our trip to Liverpool in January 2015 (well before the publication of the Chilcot Report in July 2016) to present a work-in-progress version of our underpinning research. -
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Written evidence from Dr Samantha Newbery (CHIS0009) Biography A researcher specialising in intelligence and counter-terrorism, Dr Newbery’s forthcoming book addresses the intersection of the use of informers (also known as agents and covert human intelligence sources (CHIS)) and criminality during ‘the troubles’ in Northern Ireland. The book’s themes and cases are directly relevant to this Bill. Dr Newbery’s previous research also addressed policy-making on human rights issues. Her book Interrogation, Intelligence and Security (Manchester University Press, 2015) considered legal and ethical questions raised by the UK’s use of controversial interrogation techniques for counter-terrorism and counter-insurgency since 1945, techniques that were found to be in breach of the European Convention on Human Rights. She is also co-author of Why Spy? The Art of Intelligence (Hurst, 2015) with the late Brian Stewart CMG, a former Deputy Chief of the Secret Intelligence Service. Executive Summary 1. A statutory power to authorise criminal conduct by CHIS This written evidence is in favour of efforts to establish a statutory power to authorise criminal conduct by CHIS. It is appropriate that the Bill covers all public authorities that RIPA permits to use CHIS. Authorisations should only be granted after being approved by an independent review. 2. Immunity from prosecution The ability to prosecute current and former CHIS is essential. The fact that the Bill does not grant them immunity from prosecution should be made clearer to the public, to CHIS and to the handlers to whom CHIS report, either in the Bill itself or through associated publicity. -
Can Parliamentary Oversight of Security and Intelligence Be Considered More Open Government Than Accountability?
CAN PARLIAMENTARY OVERSIGHT OF SECURITY AND INTELLIGENCE BE CONSIDERED MORE OPEN GOVERNMENT THAN ACCOUNTABILITY? Stephen Barber ABSTRACT The nature of openness in government continues to be explored by academics and pub- lic managers alike while accountability is a fact of life for all public services. One of the last bastions of ‘closed government’ relates to the ‘secret’ security and intelligence ser- vices. But even here there have been significant steps towards openness over more than two decades. In Britain the Intelligence and Security Committee (ISC) of Parliament is the statutory body charged with scrutinising the agencies and since 2013 is more ac- countable itself to Westminster. This was highlighted by the first open evidence sessions involving the heads of the agencies which coincided with the unofficial disclosure of secret information by way of the so-called ‘WikiLeaks world’. This article examines scrutiny as a route to openness. It makes the distinction between accountability and open government and argues that the ‘trusted’ status of the ISC in comparison to the more independent Parliamentary Select Committees weakens its ability to hold govern- ment to account but, combined with the claim to privileged information and the acqui- escence of the agencies, makes its existence much more aligned to the idea of open gov- ernment Keywords - Westminster Select Committees, Intelligence and Security Committee, MI5 and MI6, scrutiny of public agencies. INTRODUCTION When the three heads of Britain’s security and intelligence services, Sir Iain Lobban (Director of GCHQ), Andrew Parker (Director General of MI5) and Sir John Sawers (Chief of MI6), appeared in Westminster on 7 November 2013, a new marker was set for open government. -
Intelligence Ethics 2007.Pdf
Intelligence Ethics: The Definitive Work of 2007* Published by the Center for the Study of Intelligence and Wisdom Edited by Michael Andregg About the Eyes A spy asked, “Why the eyes?” They are the eyes of my daughter, who deserves a decent world to grow up in. They are the eyes of your mother, who deserves a decent peace to grow old in. They are the eyes of children blown to shreds by PGMs sent to the wrong address by faulty intelligence. And they are the eyes of children blown to shreds by suicide bombers inspired by faulty intelligence. They are the eyes of orphans and they are the eyes of God, wondering who fears ethical thought and why. Grandmother says it is time to grow up. The nation is in danger and the children are in peril. So sometimes you can set long books of rules aside and use the ancient Grandma Test. If she were watching, and knew everything you do, would she really approve? Copyright © 2007 by Michael Murphy Andregg All rights reserved. Published in the United States by the Center for the Study of Intelligence and Wisdom, an imprint of Ground Zero Minnesota in St. Paul, Minnesota, USA. Library of Congress Cataloging-in-Publication Data Andregg, Michael M. ISBN 0-9773-8181-1 1. Ethics. 2. Intelligence Studies. 3. Human Survival. Printed in the United States of America First Edition A generic Disclaimer : Many of our authors have had diverse and interesting government backgrounds and some are still on active duty. Others are professors of intelligence studies with active security clearances. -
Scotland: Toward a New Settlement? in This Issue
| THE CONSTITUTION UNIT NEWSLETTER | ISSUE 38 | JANUARY 2008 | MONITOR SCOTLAND: TOWARD A NEW SETTLEMENT? IN THIS ISSUE The constitutional debate in Scotland in the SNP White Paper) with ideas on reconciling continues apace. In the last Monitor we more devolution with a renewal of the UK BRITISH BILL OF RIGHTS 2 reported on the SNP Government’s White union (which mark out a very different agenda). Paper Choosing Scotland’s Future – Especially notable were her ideas on risk-sharing A National Conversation. This set out options through fiscal solidarity across the UK, and those for Scotland’s constitutional future, ranging on guaranteeing rights of ‘social citizenship’ PARTY FUNDING REFORM 2 from further-reaching devolution to the SNP’s across the UK. Emphasising social rights across own preference of independence. jurisdictions suggests a concern to build common purposes – or, put another way, limits to policy EU REFORM TREATY 3 Beyond their commitment to ignore the SNP’s variation – to which risk-sharing and solidarity can ‘national conversation’, the other main parties be put to work in a UK-wide framework. in Scotland were generally silent on Scotland’s PARLIAMENT 3 constitutional options until a speech by the new This is a bold agenda. For it to work much would Labour leader in Scotland, Wendy Alexander, at depend on a willingness in Westminster and the University of Edinburgh on St Andrew’s Day, Whitehall to think creatively about rebalancing DEVOLUTION 5 30 November. This set out a unionist perspective the union. If devolution is to have a stronger on constitutional change; unlike the SNP White UK-wide context, then the devolved institutions Paper, independence was not an option. -
From Lord Berkeley 07710 431542, [email protected] Simon Case Esq CVO Cabinet Secretary Cabinet Office, SW1
From Lord Berkeley 07710 431542, [email protected] www.tonyberkeley.co.uk Simon Case Esq CVO Cabinet Secretary Cabinet Office, SW1 12 August 2021 Dear Simon, HS2 – Ministers misleading Parliament. I wrote to you on 9th July requesting you to investigate allegations that ministers have failed to comply with the Ministerial Code by misleading parliament. I have not had the courtesy of any substantive response from you and it appears from a letter received from Bernadette Kelly, Permanent Secretary at the Department for Transport, dated 4th August 2021 that you requested her to respond on your behalf. I find her response wholly unacceptable; clearly she is seeking to defend her ministers’ and her department’s reputation. However, I repeat my request to have a response from you as Cabinet Secretary. In this situation, I sought the advice of one of your permanent secretary predecessors (and a former private secretary to two prime ministers}, Sir Tim Lankester KCB, who is perhaps best known for his work in upholding the integrity and independence of the civil service against overbearing ministerial interests in linking overseas aid to arms sales. Sir Tim comments to me in relation to HS2: ‘Dear Tony, Like you, I think the continuing deception over the costs of HS2 is an absolute disgrace. We had come to expect this from ministers, trying to protect their own backs and trying to protect the project's credi- bility against mounting evidence that it is a gigantic waste of the nation's scarce resources. But what I find utterly horrible, and in some ways even worse, is the Permanent Secretary's complicity in this de- ception. -
Investigatory Inquiries and the Inquiries Act 2005
Investigatory inquiries and the Inquiries Act 2005 Standard Note: SN/PC/02599 Last updated: 19 July 2011 Author: Chris Sear Section Parliament and Constitution Centre The Inquiries Act 2005 made significant changes to the system of public inquiries in the UK including the repeal of the Tribunals of Inquiry (Evidence) Act 1921 which had formed the main basis for statutory inquiries over some 80 years. The 2005 Act provides a statutory framework for inquiries into matters of public concern, and this note list the inquiries established under the Inquiries Act 2005 and, provides some assessments of the impact of the Act. This note does not encompass routine administrative inquiries into, for example, planning or social security matters, nor specialist inquiries such as transport accident or companies act investigations. It does however discuss some alternative ways of establishing inquiries into matters of public concern, other than those set up under the 2005 Act, as well as some of the issues raised by public inquiries such as the need to keep the cost of inquiries under control. This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required. This information is provided subject to our general terms and conditions which are available online or may be provided on request in hard copy. -
The Report of the Iraq Inquiry: Executive Summary
Return to an Address of the Honourable the House of Commons dated 6 July 2016 for The Report of the Iraq Inquiry Executive Summary Report of a Committee of Privy Counsellors Ordered by the House of Commons to be printed on 6 July 2016 HC 264 46561_00b Viking_Executive Summary Title Page.indd 1 23/06/2016 14:22 © Crown copyright 2016 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/ version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identifi ed any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at [email protected] Print ISBN 9781474133319 Web ISBN 9781474133326 ID 23051602 46561 07/16 Printed on paper containing 75% recycled fi bre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Offi ce 46561_00b Viking_Executive Summary Title Page.indd 2 23/06/2016 14:22 46561_00c Viking_Executive Summary.indd 1 23/06/2016 15:04 46561_00c Viking_Executive Summary.indd 2 23/06/2016 14:17 EXECUTIVE SUMMARY Contents Introduction ...................................................................................................................... 4 Pre‑conflict strategy and planning .................................................................................... 5 The UK decision to support US military action ................................................................. 6 UK policy before 9/11 ................................................................................................ -
Suez 1956 24 Planning the Intervention 26 During the Intervention 35 After the Intervention 43 Musketeer Learning 55
Learning from the History of British Interventions in the Middle East 55842_Kettle.indd842_Kettle.indd i 006/09/186/09/18 111:371:37 AAMM 55842_Kettle.indd842_Kettle.indd iiii 006/09/186/09/18 111:371:37 AAMM Learning from the History of British Interventions in the Middle East Louise Kettle 55842_Kettle.indd842_Kettle.indd iiiiii 006/09/186/09/18 111:371:37 AAMM Edinburgh University Press is one of the leading university presses in the UK. We publish academic books and journals in our selected subject areas across the humanities and social sciences, combining cutting-edge scholarship with high editorial and production values to produce academic works of lasting importance. For more information visit our website: edinburghuniversitypress.com © Louise Kettle, 2018 Edinburgh University Press Ltd The Tun – Holyrood Road, 12(2f) Jackson’s Entry, Edinburgh EH8 8PJ Typeset in 11/1 3 Adobe Sabon by IDSUK (DataConnection) Ltd, and printed and bound in Great Britain. A CIP record for this book is available from the British Library ISBN 978 1 4744 3795 0 (hardback) ISBN 978 1 4744 3797 4 (webready PDF) ISBN 978 1 4744 3798 1 (epub) The right of Louise Kettle to be identifi ed as the author of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988, and the Copyright and Related Rights Regulations 2003 (SI No. 2498). 55842_Kettle.indd842_Kettle.indd iivv 006/09/186/09/18 111:371:37 AAMM Contents Acknowledgements vii 1. Learning from History 1 Learning from History in Whitehall 3 Politicians Learning from History 8 Learning from the History of Military Interventions 9 How Do We Learn? 13 What is Learning from History? 15 Who Learns from History? 16 The Learning Process 18 Learning from the History of British Interventions in the Middle East 21 2. -
Assembly – 37Th Session
07/10/2010 ASSEMBLY – 37TH SESSION Montreal, 28 September - 8 October 2010 LIST OF DELEGATES No.5 CD - Chief Delegate ACD - Alternate Chief Delegate D - Delegate ALT - Alternate ADV - Advisor COBS - Chief Observer OBS - Observer Member States Name Position Title AFGHANISTAN NAJAFI D.A. CD MINISTER OF TRANSPORT AND CIVIL AVIATION ALAMI R. ACD TECHNICAL DEPUTY MINISTER OF TRANSPORT AND CIVIL AVIATION AHMADI A. D PRESIDENT TECHNICAL AND SAFETY TEAM, MOTCA AHMADI E. D DEPUTY CHIEF OF MISSION, EMBASSY OF AFGHANISTAN IRWIN S. D CIVIL AVIATION ADVISOR SAIDI S.M. D DIRECTOR, TECHNICAL ADVISOR OF CIVIL AVIATION ALBANIA KONCI B. CD AMABASSADOR BACI F. ACD DEPUTY GENERAL DIRECTOR, CIVIL AVIATION AUTHORITY BITTERLING C. ACD DIPLOMAT KRUEGER J. ACD DIPLOMAT GUNKEL H. D CONSULATE OF ALBANIA IN MONTREAL ALGERIA TOU A. CD MINISTRE DE TRANSPORT AKRETCHE M. D DIRECTOR, MINISTRY OF THE INTERIOR ALOUACHE A. D SENIOR ADVISOR BENAMARA S. D AMBASSADOR OF ALGERIA TO CANADA BENCHEMAM M. D DIRECTEUR DE L'AVIATION CIVILE ET DE LA MET. BESSAKLIA M.N. D COUNSUL GENERAL ADJOINT BOUABDALLAH A. D CAO DAOUD L. D GENERAL DIRECTOR OF ENNA LAKHDARI M. D DIRECTOR RIMOUCHE N. D DIRECTEUR, MINISTRE DES AFFAIRES ETRANGERES SIFI M.N. D MINISTRE DE L'INTERIEUR ANGOLA DA SILVA S.S. CD CHARGE D'AFFAIRES, EMBASSY OF ANGOLA IN OTTAWA ROSAS C.R.L. ACD DEPUTY GENERAL DIRECTOR CARVALHO E.R.N. D TECHNICIAN FARIA I.I. D LEGAL ADVISOR MACOSSO P. D THIRD SECRETARY, EMBASSY OF ANGOLA IN OTTAWA SIKU M. D CHIEF, AVIATION ENGINEERING MAINTENANCE DEPARTMENT, ENANA Page 2 of 54 Name Position Title ARGENTINA GRANADOS A. -
The Ministerial Code and the Independent Adviser on Ministers
By Hazel Armstrong , Chris Rhodes The Ministerial Code and the 12 August 2021 Independent Adviser on Ministerial Interests Summary 1 The 2019 Ministerial Code 2 The Register of Ministerial Interests 3 Proposals for reform of the Code 4 Investigating breaches of the Code 5 History of the Ministerial Code commonslibrary.parliament.uk Number CBP 03750 The Ministerial Code and the Independent Adviser on Ministerial Interests Image Credits Chamber-049 by UK Parliament image. Licensed under CC BY 2.0 / image cropped. Disclaimer The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing ‘Legal help: where to go and how to pay’ for further information about sources of legal advice and help. This information is provided subject to the conditions of the Open Parliament Licence. Feedback Every effort is made to ensure that the information contained in these publicly available briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated to reflect subsequent changes. If you have any comments on our briefings please email [email protected]. Please note that authors are not always able to engage in discussions with members of the public who express opinions about the content of our research, although we will carefully consider and correct any factual errors. -
Ministry of Justice Resource Accounts 2007-08 HC
Resource Accounts 2007-08 Presented pursuant to the Government Resources and Accounts Act 2000, c.20, s.6 (4) Ministry of Justice Resource Accounts 2007-08 (For the year ended 31 March 2008) Ordered by the House of Commons to be printed 21 July 2008 LONDON: The Stationery Office 21 July 2008 HC 869 Price: £25.75 © Crown Copyright 2008 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please write to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: [email protected] ISBN: 9780102957631 Contents Annual Report 5 Management Commentary 19 Remuneration Report 44 Statement of Accounting Officers’ Responsibilities 60 Statement on Internal Control 62 Certificate and Report of the Comptroller and Auditor General to the House of Commons 73 The Accounting Schedules: Statement of Parliamentary Supply 76 Operating Cost Statement 78 Statement of Recognised Gains and Losses 79 Balance Sheet 80 Cash Flow Statement 81 Consolidated Statement of Operating Costs by Departmental Aims and Objectives 81 Notes to the Accounts 85 Ministry of Justice Resource Accounts 2007-08 | Annual Report 5 Annual Report Scope These accounts relate to the Ministry of Justice (MoJ), for the year ended 31 March 2008.