Principles and Conceptual Framework

for a Defence Act

Principles and Conceptual Framework

for a Defence Act

David ChuterDavid Chuter

Who am I?Who am I?

I’ve spent more than thirty years working in the UK government, dealing with governments all over the world. I’m currently working for the French MoD. I’ve also written a lot about this subject.

I’ve spent more than thirty years working in the UK government, dealing with governments all over the world. I’m currently working for the French MoD. I’ve also written a lot about this subject.

What am I talking about?

What am I talking about?

This is a presentation about the issues underlying a Defence Act, and the political processes involved in implementing it.

This is a presentation about the issues underlying a Defence Act, and the political processes involved in implementing it.

A warning ….A warning ….

I am not a lawyer, and this is not a presentation about the law. It’s about organisation and politics. Thinking comes before writing.

I am not a lawyer, and this is not a presentation about the law. It’s about organisation and politics. Thinking comes before writing.

What are the issues?

What are the issues?

How defence fits into the larger security picture?

How defence is organised internally.

Who does what, and why?

How defence fits into the larger security picture?

How defence is organised internally.

Who does what, and why?

The Larger picture…

The Larger picture…

… depends overwhelmingly on the context of the individual country, it’s history, politics and culture. It varies a lot from place to place.

… depends overwhelmingly on the context of the individual country, it’s history, politics and culture. It varies a lot from place to place.

The larger (legal) picture

The larger (legal) picture

The ConstitutionLaws governing police,

intelligence services etc.

Detailed laws on organisation, justice etc for the Armed Forces

The ConstitutionLaws governing police,

intelligence services etc.

Detailed laws on organisation, justice etc for the Armed Forces

Things to consider Things to consider

Role of the President as C-in-C

National Security CouncilControl of IntelligencePolice/Military InterfaceBorder Security/CustomsOther Ministries - foreign,

interior etc.

Role of the President as C-in-C

National Security CouncilControl of IntelligencePolice/Military InterfaceBorder Security/CustomsOther Ministries - foreign,

interior etc.

Until these issues are sorted out, you

can’t really start drafting a Defence

Act, because you don’t know where

Defence fits in.

Until these issues are sorted out, you

can’t really start drafting a Defence

Act, because you don’t know where

Defence fits in.

The most important Defence issues are

the roles and responsibilities of the

main actors. I will concentrate on

these.

The most important Defence issues are

the roles and responsibilities of the

main actors. I will concentrate on

these.

Two main functions Two main functions

Command control, and administration of the armed forces

Advice and support to the Minister and the government.

The first is the HQ function.The second is the Ministry of

Defence function.

Command control, and administration of the armed forces

Advice and support to the Minister and the government.

The first is the HQ function.The second is the Ministry of

Defence function.

In the interests of time, I will

concentrate on the second issue.

In the interests of time, I will

concentrate on the second issue.

Why a Ministry of Defence?

Why a Ministry of Defence?

Defence is an important activity of government.

Apolitical leader is required.

In principle, just like health and education.

Don’t ask why? Ask why not?

Defence is an important activity of government.

Apolitical leader is required.

In principle, just like health and education.

Don’t ask why? Ask why not?

So there are three basic componentsSo there are three basic components

The Minister (s)

Military Advisers (can

also be operational

commanders)

Civilian advisers.

The Minister (s)

Military Advisers (can

also be operational

commanders)

Civilian advisers.

The MinisterThe Minister

Appointed political head of the Ministry

Personal staff?Answers to Parliament and

publicSets policy agendaTakes praise and blame.

Appointed political head of the Ministry

Personal staff?Answers to Parliament and

publicSets policy agendaTakes praise and blame.

This means that ….

This means that ….

The Minister is the political head of the

Department, not the spokesman of the

military to the political leadership.

The Minister is the political head of the

Department, not the spokesman of the

military to the political leadership.

Military StaffMilitary Staff

Provides military advice to the Minister

Implements policy where it affects the military

Accepts legitimate political authority.

Provides military advice to the Minister

Implements policy where it affects the military

Accepts legitimate political authority.

Civilian StaffCivilian Staff

Career, permanent.Handle political issuesOften have financial

responsibility to ParliamentUsually handle

management and legal issues.

Contribute to debate

Career, permanent.Handle political issuesOften have financial

responsibility to ParliamentUsually handle

management and legal issues.

Contribute to debate

But none of this will work ….

But none of this will work ….

… unless the different groups cooperate, and avoid trying to do each other’s work.

Disagreements and rivalries are inevitable, but should not be allowed to go too far.

… unless the different groups cooperate, and avoid trying to do each other’s work.

Disagreements and rivalries are inevitable, but should not be allowed to go too far.

Three simple cases

Three simple cases

The Falklands war

The Balkans

Sierra Leone

The Falklands war

The Balkans

Sierra Leone

Other things that may have an influence

Other things that may have an influence

Professional/national service

Rights of servicemenDevelopment Army?Sending troops abroadReserves

Professional/national service

Rights of servicemenDevelopment Army?Sending troops abroadReserves

Why a defence act?

Why a defence act?

Enables important issues to be discussed and resolved

Provides firm legal and practical basis

Parliamentary endorsement

Enables important issues to be discussed and resolved

Provides firm legal and practical basis

Parliamentary endorsement

How a defence act?

How a defence act?

Degree of agreement or controversy

Outside actors?Need for consensus?Has to be a parliamentary

process.

Degree of agreement or controversy

Outside actors?Need for consensus?Has to be a parliamentary

process.

The endThank you

Questions?

The endThank you

Questions?