A World of Difference Parliamentary Oversight of British Foreign Policy A Report by Democratic Audit, the A World of Difference Federal Trust and One World Trust 1 A World of Diff erence Parliamentary Oversight of British Foreign Policy Authors Andrew Blick Brendan Donnelly Jonathan Church Michael Hammer Stuart Weir Claire Wren Edited by Stuart Weir A Report by Democratic Audit, the Federal Trust and One World Trust Acknowledgements Professor Stuart Weir is Director editor of the New Statesman he The authors would like to thank of Democratic Audit. He is joint founded Charter 88, the movement Graham Allen MP, Lord Alton, author of three democratic audits for democratic reform, in 1988. of the UK, including Democracy Lord Archer of Sandwell, Professor Claire Wren is a Programme under Blair and of other Audit David Beetham, Roger Berry MP, Officer at the One World Trust. books and reports. He was one of Lord Blaker, Stephen Crabb MP, She contributed to Not in Our the authors of the International David Drew MP, Mike Gapes Name and writes on a number of IDEA Handbook on Democracy MP, Rt. Hon. Bruce George MP, governance reform topics for the Assessment and has acted as Philip Hollobone MP, Sir Gerald Trust. Kaufman MP, Dr Todd Landman, a consultant on democracy Glenn McKee, Chris Milner, and human rights in India, Michael Moore MP, Senait Petros, Macedonia, Malawi, Namibia, Nigeria, Palestine and Zimbabwe. Ben Rogers, Gavin Strang MP, and He is a former journalist and as Fergus Thomas for their advice and assistance in preparing and researching this report. About the Organisations l In 2005, the three organisa- About the Authors Democratic Audit was set up by tions combined forces to conduct research into parliamentary Brendan Donnelly is Director of the Joseph Rowntree Charitable oversight of Britain’s foreign the Federal Trust. He worked for Trust in 1991 to measure policy. Their findings were the Foreign Office, the European democracy in the UK and published in a joint book, Not Parliament and the Commission developed a system for assessing before serving as a Member of the democracy that is now used widely in Our Name: Democracy and European Parliament from 1994 to around the world. The Audit is Foreign Policy in the UK, by Simon 1999. a research organisation that is Burall, Brendan Donnelly and attached to the Human Rights Stuart Weir, Politico’s 2006. This Jonathan Church is a research Centre, University of Essex, and report is a detailed follow-up of officer at the Federal Trust. has published three major audits that original study. He previously worked for the of UK democracy as well as books European Movement. and reports on social justice in Andrew Blick is research officer the UK, quangos and counter at Democratic Audit. He has terrorism laws and practice. Its conducted political research for director is Professor Stuart Weir. Lord Radice, Professor George The Federal Trust is a think tank Jones and BBC Television. He founded to promote studies in was Secretary to an All-Party the principles of international Group of MPs on the Constitu- relations, international justice and tion for two years. He is author supranational government. Set of People who Live in the Dark up in 1945 on the initiative of Sir (on political advisers) and How to William Beveridge, it has always go to War and has contributed to had a particular interest in the Not in Our Name and a number European Union and Britain’s of Democratic Audit books and place within it. Its director is reports. Brendan Donnelly. Michael Hammer is Executive The One World Trust was formed Director of the One World Trust in 1951 by the All Party Group for with a background in human World Government in Parliament. rights, conflict transformation and The trust has built up a consider- regional integration and planning able knowledge base about the work in Europe and Africa. He workings and accountability issues Design and cover illustration by Tony Garrett has worked with Amnesty Interna- of many of the major intergovern- Published by One World Trust, 3 Whitehall Court, London SW1A 2EL tional, Conciliation Resources and mental organisations. Its director Printed by Creative Print Group, 262 Water Road, consultants IRE. is Michael Hammer. Wembley HA0 1HX 4 Contents Introduction Part 1 Global Security and the Special Relationship DEVILLING IN THE DETAIL Parliament’s oversight of the wars in Iraq and Afghanistan; infl uencing the use of cluster bombs; investigating the UK’s complicity in extraordinary rendition Part 2 European Union business MAKING EU SCRUTINY EFFECTIVE Parliamentary scrutiny of European legislative proposals; seeking to make government’s negotiations in the EU accountable; mainstreaming European scrutiny and other reforms Part 3 Confl ict and humanitarian crisis THE RESPONSIBILITY TO PROTECT The role of Parliament in oversight of multilateral and bilateral negotiations; assessing the British government’s policy at the United Nations; taking up cases of severe internal confl ict: Chad, Sudan and Zimbabwe; Part 4 Conclusions and recommendations THE PROSPECT OF A STRONGER PARLIAMENT The need to strengthen parliamentary oversight; Gordon Brown’s governance proposals evaluated; a package of recommendations. A World of Diff erence 5 6 Introduction ritish governments make Minister, ministers and officials imbalance of power between the “foreign policy” as they the power to make foreign policy executive and Parliament, states see fit without ever being without the approval, or even the that “the executive should draw its required to seek effective knowledge, of Parliament. Among powers from the people, through parliamentary or public the decisions and actions that Parliament,” and proposes to approval. The public has the government can take under seek to limit its own power by Bprincipled views about Britain’s prerogative powers and which are placing the most important of these role abroad, on for example, thus outside effective democratic prerogative powers onto a more the use of armed force abroad, control are: formal footing, conferring power on complying with international law, Parliament to determine how they l making war and deploying the the Special Relationship with the are to be exercised in future. 3 armed forces United States, arms exports, EU However, Not in Our Name trade policies, 1 yet the govern- l agreeing treaties and other also drew attention to other means ment’s powers and policies often international agreements by which the government could run counter to the public’s wishes dominate Parliament and limit l partnering the United States – and even those of parliamentar- its scrutiny of policies through and choosing allies ians. MPs have little or no say in restrictions on the release of the government’s decisions over l negotiating within the EU, in official information (which are the whole range of foreign policy. particular on legislative matters most stringent in foreign and In 2006, the three organisa- defence affairs), its control of l playing a role in international tions responsible for this report, parliamentary business and strong decisions on trade or climate published a ground-breaking party discipline over its backbench change study, Not in Our Name: MPs and their loyalty to its Democracy and Foreign Policy in l conducting all forms of actions. We also found that some the UK (Politico’s), that analysed diplomacy of Parliament’s own traditions the nature and extent of the and working practices reinforced l contributing to the policies of government’s domination of the government’s autonomy in all the World Bank, IMF and other foreign policy and Parliament’s areas of policy. international bodies weakness in seeking to maintain The purpose of this report is to oversight of this wide-ranging l playing a military role in Nato take the first study further by way and disparate set of policies and of detailed analysis of Parliament’s l representing the UK on the UN actions. This study identified dealings with the government on Security Council. the significant role that royal matters of foreign policy in the prerogative powers played in l recognising states. course of the single parliamentary protecting the government’s session, 2006-07, which came to In July 2007, the government conduct of foreign affairs from an end in November 2007. Due pledged itself in the green paper, effective parliamentary scrutiny to the great range and number The Governance of Britain, to end and approval. These powers, of policy initiatives and actions a state of affairs which it acknowl- a pre-democratic relic of falling within the vast area of edges is “no longer appropriate in monarchical rule, give the Prime foreign policy, this report focuses a modern democracy.”2 The green its resources on analysing in detail See the results of an ICM poll for Democratic Audit, paper promises to redress the the Federal Trust and One World Trust, January 2006. specific episodes of scrutiny of Further information from www.myforeignpolicytoo.org or 2 Ministry of Justice, The Governance of Britain, Cm www.icmresearcy.co.uk 770, July 2007. Op cit. A World of Difference 7 particular relevance. The general parliamentarians chosen by the of treaties to which the UK is a conclusions to be drawn from Prime Minister. If Parliament is signatory. We assess the value these case studies are no less to make government accountable of the contributions of NGOs, persuasive as a consequence. Part for its external policies, then the think tanks and pressure groups 1 assesses the role of Parliament committees will have to play a and take into account the role of in policies designed to improve central role. We have noted the NGOs, sectional interest groups, global security within the shortcomings of select committees the media and opinion formers.