Security Sector Governance and Reform: Parliament’s Role, Tasks and Capabilities

1. Security Sector Governance and Reform: Parliament’s Role, Tasks and Capabilities Andrew Cuthbert UK Parliamentary Affairs Adviser NATO Liaison Office

2. Role and Functions of a Parliament • Representation • Legislation • Oversight Committee Staff Committee 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 2002-2004

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 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 ARISTOTLE

11. Integrity and Honour • Integrity • 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 Attendance Sense of Duty 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