1. Andrew Cuthbert UK Parliamentary Affairs Adviser NATO Liaison Office
Security Sector Governance and Reform: Parliament’s Role, Tasks and Capabilities
Andrew Cuthbert UK
Parliamentary Affairs Adviser
NATO Liaison Office
Pleasure to be with you.
Civilian Control of the Security and Defence sector, and effective Parliamentary oversight of these sectors are considered vital to a healthy and well balanced democracy.
I will you a presentation for 45 mins or so and then we can have questions and a discussion about any issues raised.

2. Role and Functions of a Parliament
Representation
Legislation
Oversight
Committee
Staff
Committee
The basic functions of a Parliament are pretty simple. The Members of Parliament, or Deputies as you call them in the Rada, are the peoples representatives in the seat of power, or they should be. Therefore, in theory, all the people have some say in their government and the laws that affect their lives.
The Parliament is responsible for debating and passing the laws that affect all of us, the people.
Thirdly, and very importantly, they oversee the Executive branch of government to ensure power is not being misused or that the people’s rights are not being abused.
Here is a picture of a House of Commons committee about to take evidence from a UK Minister or Senior official.
Witness before the committee

3. Positive Developments ………But
Strong political statements supporting the Reform Agenda
Group of Reform Minded Deputies working hard to move towards Euro-Atlantic standards and norms.
Growing evidence of increased communication and development of trust between the Ministry of Defence/General Staff and the Verkhovna Rada – there is now a Lt Col Liaison Officer from the General Staff attached to the Deputy Speaker, Oksana Syroid’s office.
There is increased awareness about the critically important role of the ‘oversight’ function.
BUT
Strong statements supporting reforms not always being matched by deeds/actions.
Too many Deputies appear content with the status quo rather than driving through reform.

4. Roadmap for Reforming the VR
Cox Report
REPORT AND ROADMAP
ON INTERNAL REFORM AND CAPACITY-BUILDING FOR THE
VERKHOVNA RADA OF UKRAINE
September 2015 – February 2016
Pat Cox
President of the European Parliament

5. Observations 1
The culture in Ukraine does not appear to respect the symbolic importance of its Parliament.
The Verkhovna Rada should symbolise the soul and the sovereignty of its people – therefore it should be treated with great respect by its own Deputies, all government officials and all the people.
Respect for Parliamentary discipline and Parliamentary procedures needs to improve. Deputies need to earn the respect of the people and be worthy of it.
Deputies’ attendance at all Plenary sessions needs to improve.
The VR political parties do not appear to be driven by ideological principles but are more like interest groups competing for influence and position.
There is far too much draft legislation; the quality of much of the legislation needs to improve.

6. Observations 2
The VR oversight function and ability to hold the Executive branch of government to account remains weak.
The concept of avoiding ‘Conflicts of interest’ (membership of committees for instance) does not seem well understood. [If understood, conflict of interest norms are ignored.]
Some committees are not provided with the required level of detail for them to scrutinise budgets and resource allocation effectively (and thereby hold the government to account).
Deputies’ Legal Immunity is a significant problem and should be removed or changed significantly. No citizen, especially a representative of the people, should be ‘above’ the law.

7. Oversight Effectiveness
The ‘oversight’ function can only be effective if Parliamentary Committees have suitable powers and authority .....they must have ‘teeth’ to:
Call witnesses, including Ministers and senior officials, to testify before them
Call for relevant papers
Call for budget proposals and annual departmental accounts
Have the time to examine evidence & budget proposals in detail
Examine complaints if serious issues are brought to their attention
Choose to examine particular issues (in their area of responsibility)
They must publicise their findings in either special or annual reports (so that the media and the people can bear witness to their oversight function, and have confidence that the Executive is being held to account).

8. Security Policy and Plans
Security and Defence Sector - Parliamentary Oversight in Most Democracies
General Power:
The right to initiate or amend Laws
Raise Questions
Summon members of executive or their staff to testify
Summon members of civil society
Obtain information required from the Executive
Carry out Parliamentary Inquiries and hold Public Hearings
Budget Control
The right to allocate or amend Security and Defence Budget Funds (down to programmes/projects (even line items)
Operations
The right to approve sending troops abroad, duration, extra budget, Command & Control arrangements, etc
Defence Procurement
ensure that the contracting process is clear, transparent, and not corrupt.
Security Policy and Plans
The right to approve/disapprove the National Security Strategy, defence concepts, and force structures.
Military Personnel
Numbers, pay & allowances, pensions etc

9. Why is Oversight so important?

10. The Separation of Powers
The separation of powers between the Executive Branch (the government), the Parliament, and the judiciary (or legal system) is vital to a healthy democracy – this principle dates right back to the earliest Greek democratic city- states and is key to the writings of political philosophers such as Aristotle and Plato.
ARISTOTLE

11. Integrity and Honour Integrity Honour
The quality of being honest and having strong moral principles
Doing the right thing even when no one else is watching, or will know whether you did the right thing or not.
Honour
the quality of knowing and doing what is morally right.
“ Integrity and honour are virtues that a man or woman can only bestow upon themselves. No-one else can give you these gifts, or take them away.”
The most important values or virtues in the fight against corruption.

12. Qualities of good MPs & Parliaments
Sense of Duty
Attendance
Political Philosophy
Public Service
Understanding Constitutional Role
Integrity
Conceptual
Moral
Respect for the Institution
Ethical Foundation
Physical
Understanding Representative Role
No conflicts of Interest
Effective organisation & procedures
Professional & effective Civil Service Support (Secretariat)
Trusted & transparent election process