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11.6
Pardamom
11.5.2
Ministry of Defence, must, in any event, ensure that the extra cost of the employment of the Forces is repaid to the Ministry of Defence. There must, therefore, be the earliest possible consultation on costs with Defence and Finance Departments in respect of a possible charge to FCO Votes. The question will also arise as to what part of the costs should be reimbursed by the DT. These questions will be relevant irrespective of whether or not the DT pays any regular defence contribution to HMG in the United Kingdom.
A request, after the crisis is over, for some payment in respect of the Forces employed, is often a cause of political grievance and dissension with and within the DT concerned. It can be avoided if the forces are sent at the instance of HMG to protect their own interests, but it is frequently not possible to sustain such a position. In any event, the Government of the DT will be obliged to provide accommodation and many facilities for British Forces within the Territory. The OAG should always be warned of the possible financial consequences of the use of British Forces in his Territory.
11.6
11.6.1
COMMISSIONS OF INQUIRY
The setting up of a Commission or Committee of Inquiry into the causes and course of disturbances, after they have taken place, is often necessary in response to political or other pressures. It is always possible for an OAG to decide himself to set up such an Inquiry, but he will usually do so only after consultation with the Secretary of State; similarly, it is always open to the Secretary of State to suggest that such an Inquiry, and the announcement of such an Inquiry, is desirable (see Chapter 10).
11.6.2 Some DTS have Ordinances which make provision for the setting up of local Commissions or Committees of Inquiry. If OAGs set up Commissions of Inquiry under the provisions of such Ordinances, they are expected to consult the Secretary of State about the terms of reference and composition of the Commission.
11.6.3 Royal Commissions on the affairs of individual DTs in relation to disturbances are rare. If Ministers decide that such a Commission is necessary in any particular instance, the procedure to be followed is given in Chapter 10.
11.6.4
A Commission about disturbances in an individual DT (eg the Devlin Commission in Nyasaland in 1959) is only likely to be set up by HMG in response to strong political pressures in the United Kingdom itself or in the international field; and even if it is so set up, the agreement and co-operation of the OAG in respect of the terms of reference and composition of the Commission is necessary.
11.6.5 Whatever form of Commission or Committee of Inquiry is set up, the FCO Legal Advisers should be consulted at all stages. There should be early understandings about the terms of reference and composition of the Commission and it should be clear from the beginning (and made clear in public announcements) whether or not the report of the Commission will eventually be published. Since one of the objects of the appointment of a Commission of Inquiry is to instruct and reassure public opinion, there is little point in having such a Commission unless the report is published, and it is usually necessary that a commitment to publication should be entered into in advance.
October 1978
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