1. Principles and Conceptual Framework for a Defence Act David Chuter

2. 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.

3. What am I talking about? This is a presentation about the issues underlying a Defence Act, and the political processes involved in implementing it.

4. 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.

5. What are the issues? FHow defence fits into the larger security picture? FHow defence is organised internally. FWho does what, and why? FHow defence fits into the larger security picture? FHow defence is organised internally. FWho does what, and why?

6. 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.

7. The larger (legal) picture FThe Constitution FLaws governing police, intelligence services etc. FDetailed laws on organisation, justice etc for the Armed Forces FThe Constitution FLaws governing police, intelligence services etc. FDetailed laws on organisation, justice etc for the Armed Forces

8. Things to consider FRole of the President as C-in-C FNational Security Council FControl of Intelligence FPolice/Military Interface FBorder Security/Customs FOther Ministries - foreign, interior etc. FRole of the President as C-in-C FNational Security Council FControl of Intelligence FPolice/Military Interface FBorder Security/Customs FOther Ministries - foreign, interior etc.

9. Until these issues are sorted out, you can’t really start drafting a Defence Act, because you don’t know where Defence fits in.

10. The most important Defence issues are the roles and responsibilities of the main actors. I will concentrate on these.

11. Two main functions FCommand control, and administration of the armed forces FAdvice and support to the Minister and the government. FThe first is the HQ function. FThe second is the Ministry of Defence function. FCommand control, and administration of the armed forces FAdvice and support to the Minister and the government. FThe first is the HQ function. FThe second is the Ministry of Defence function.

12. In the interests of time, I will concentrate on the second issue.

13. Why a Ministry of Defence? FDefence is an important activity of government. FApolitical leader is required. FIn principle, just like health and education. FDon’t ask why? Ask why not? FDefence is an important activity of government. FApolitical leader is required. FIn principle, just like health and education. FDon’t ask why? Ask why not?

14. So there are three basic components FThe Minister (s) FMilitary Advisers (can also be operational commanders) FCivilian advisers. FThe Minister (s) FMilitary Advisers (can also be operational commanders) FCivilian advisers.

15. The Minister FAppointed political head of the Ministry FPersonal staff? FAnswers to Parliament and public FSets policy agenda FTakes praise and blame. FAppointed political head of the Ministry FPersonal staff? FAnswers to Parliament and public FSets policy agenda FTakes praise and blame.

16. This means that …. The Minister is the political head of the Department, not the spokesman of the military to the political leadership.

17. Military Staff FProvides military advice to the Minister FImplements policy where it affects the military FAccepts legitimate political authority. FProvides military advice to the Minister FImplements policy where it affects the military FAccepts legitimate political authority.

18. Civilian Staff FCareer, permanent. FHandle political issues FOften have financial responsibility to Parliament FUsually handle management and legal issues. FContribute to debate FCareer, permanent. FHandle political issues FOften have financial responsibility to Parliament FUsually handle management and legal issues. FContribute to debate

19. 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.

20. Three simple cases FThe Falklands war FThe Balkans FSierra Leone FThe Falklands war FThe Balkans FSierra Leone

21. Other things that may have an influence FProfessional/national service FRights of servicemen FDevelopment Army? FSending troops abroad FReserves FProfessional/national service FRights of servicemen FDevelopment Army? FSending troops abroad FReserves

22. Why a defence act? FEnables important issues to be discussed and resolved FProvides firm legal and practical basis FParliamentary endorsement FEnables important issues to be discussed and resolved FProvides firm legal and practical basis FParliamentary endorsement

23. How a defence act? FDegree of agreement or controversy FOutside actors? FNeed for consensus? FHas to be a parliamentary process. FDegree of agreement or controversy FOutside actors? FNeed for consensus? FHas to be a parliamentary process.

24. The end Thank you Questions?