People's Party CDS-PP

Parliamentary Group

Assembly of the Republic-Palace of S. Bento-1249-068 Lisbon-Phone: 21391 9233-Fax: 21391 7456 Email: gp_pp@pp. parliamento.pt

DRAFT LAW NO. 387 /X

APPROVES THE NEW FRAMEWORK LAW OF THE PROGRAMMING LAWS OF

INVESTMENT OF SECURITY FORCES

Exhibition of reasons

1-On September 26, 2000, the CDS-PP gave entry to a legislative initiative, the

Draft Law No. 302 /VIII, which " Establishes the general bases of the coordination,

equipment, restructuring and reorganization of the security forces " , diploma this

which would come to be discussed in the generality on October 4, 2000 and rejected.

In the matter of equipment of the security forces, article 13º of the rented project of

law provided that the application of medium-term public investment programs of the

security forces relating to forces, equipment, armament and infrastructure were

incorporated and developed into law of programming the investments of the forces of

security. For so much, and in accordance with article 14º of that initiative, you would refer to

for special law the regulation of the legal framework of the drafting and implementation of the laws of

investment schedule of the security forces.

It is this desicration that the present legislative initiative aims to give fulfillment.

2-In the bill that now presents itself sought to create and conform, by way of

legislative, the Government's obligation to invest in manpower, equipment, weaponry

and infrastructure, here if including still equipment decommissioning programmes,

armament, ammunition and infrastructure, as such decommissioning programmes

constitute a necessity imposed by technological developments and changes that

constantly occur at the international juncture.

To the similarity of what already succeeding with the framework law of military programming laws, the

present draft law enshrines the existence of a Scheduling Act of

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Permanent investments (LPI): despite instituting the successive transition of balances,

this model does not cease to allow effective planning, given that at each time,

will always exist a period of programming never less than four years.

However, and in the aim of adapting LPI to the needs that may eventually be

dictated by the passage of the law defining the objectives, priorities and guidelines of the law

of criminal policy, is predicated on mandatory revision of that law of two in two

years. The revisions aim to proceed with the cancellation and amendment of enrolled programmes, à

allocation of the respective balances to other programmes, as well as enrolment of new

programs.

As far as the implementation is concerned, the possibility of the burden being exceeded has been introduced

annual relative to each program, upon authorization from the Minister of Administration

Internal, up to amount not exceeding 30% of the value entered in the year concerned, provided that

do not make it impossible to carry out the other programs, nor does it exceed, in each year, the sum

of the overall values set in the LPI. It is a standard that aims to enshrine a limit

maximum, while transmits a concern of thoroughness in the implementation of the LPI:

is exactly the same standard as it was enshrined in Article 4º (4) of the Organic Law No.

1/2003, of May 13, which amended the Military Programming Act.

An obligation is enshrined in some detail of the measures to be adopted at the LPI, when

are made commitments of which they result in multiannual charges, being

necessary that, by each measure, the costs for each of the years are indicated.

effective of the investment programming law, determined at prices for the year of the

respective approval.

It also enshrined the obligation for the implementation of the LPI to be the subject of reporting

detailed to the Assembly of the Republic, to be included in the framework of the Annual Report of

Internal Security.

Finally, it has set the year 2009 as the date of the first review of the LPI, with

production of effects from September of that same year, as a way of guaranteeing

harmonization of investment programming in the forces and security services with

the first "review" of the objectives, priorities and guidelines of the criminal policy law

for the biennium of 2009-2011.

3-A The need for reinforcement of investment in the Security Forces is a priority

that the CDS-PP has advocated with some insistence: be it demanding the reinforcement of monies

for security forces and services at the discussion of the State Budget,

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be alerted to such an imperative when they discussed the priorities of the research

criminal, be it still in the discussion of the Annual Homeland Security Report.

The CDS-PP considers an essential objective to be guaranteed a free society, but

secure. We have for certain, therefore, that the operating budgets and equipment

in the area of security have to increase.

On the other hand, the management of police forces has to be able to renovate, with balance

positive, the herds, and of de-bureaucratizing the functions of the agents of the forces of

security.

We know that there has been some temptation, after the September 11, to take the systems

of security to limits that are approaching a security-related cariz society-and,

in that measure, intimidated. We should not, however, forget the growth and

diversification of phenomena that, in themselves or articulated with threats already

existing (such as drug trafficking and terrorism) constitute new grounds for

insecurity.

The conjugation of these two needs (strengthening the safety and weighting of values

Cause) should be the one that presides over a security policy that reinforces authority

of the State, and which, pursuant to the present draft law, aims to secure an investment

planned for security forces and services, sustainable and permanently

updated.

In these terms, the undersigned MPs present the following draft law:

Article 1.

(Purpose)

This Law regulates the legal framework of the drafting and implementation of the laws of

investment schedule of the security forces.

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Article 2º

(Investments programming laws)

1-A application of medium term public investment programs of the forces of

security relating to forces, equipment, armament and infrastructure is incorporated and

developed in law of programming the investments of the security forces.

2-A The law provided for in the preceding paragraph provides, in particular:

a) The possibility of inclusion, in the programming of investments, of programmes of

decommissioning of equipment, weaponry, ammunition;

b) The mandatory reanalysis of the investment programs that have

removed significantly from the planned and re-evaluation of the programmes of

investment that have not been completed within the forecast period;

c) The possibility of transit for the following year of the balances checked in the programmes

at the end of each economic year, until its complete implementation.

3-A investment programming law will take into account the need for suitability

of the planned investments in the achievement of the objectives, priorities and

criminal policy guidelines approved in compliance with Law No. 17/2006, 23 of

May, as well as the eventuality of revision of the programmes where this is justified

by the revision of the law approving the objectives, priorities and policy guidelines

criminal.

Article 3.

(Scope and period of application)

1-In the investment programming law are enrolled the necessary programmes à

achievement of the objectives in internal security, taking into account the

financial programming of the adstrate costs to the respective realization.

2-A The investment programming law covers a period of four years, without

prejudice to the provisions of paragraph 2 of Article 2º and Article 10º.

3-In the revisions to the investment programming law can the Government cancel and

change the enrolled programmes, affect the respective balances to other programmes, well

how to enroll new programs.

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4-The programmes whose funding will eventually exceed the period set out in paragraph 2

have an annotation in which the prediction of the years and the correspondents will be indicated

costs until its completion.

Article 4.

(Preparation)

1-Maximum decision-makers of the various security forces and services draw up the

Anteprojects of investment programming of its scope, according to the

targets in internal security defined by the Government.

2-The foreheads referred to in the preceding paragraph shall be present to the Superior Council of

Internal Security, which on them issues opinion with regard to their harmonisation and the

its compatibility with the general lines of the internal security policy in respect of

criminal prevention and in the matter of organization, operation, discipline, training,

specialization, updating and improvement of the personnel of the forces and services of

security.

3-Received that opinion, the Government approves in Council of Ministers, with the

necessary corrections, the proposal for an investment schedule law or its

reviews, subjecting them to the Assembly of the Republic for consideration and approval.

Article 5.

(Execution)

1-The Government will promote the implementation of the investment programming law, the

guidance and assessment are the responsibility of the Minister of the Internal Administration,

without prejudice to the competence of the Assembly of the Republic.

2-In implementation of that law, the necessary commitments may be made to

the periods covered, by the procedures established and respected the

own or delegated powers of the entity to whom the law commits that

responsibility.

3-When the national interest thus justifies it, investments can be

performed upon the conclusion of public-private partnership agreements, leasing or

similar, so as to suit the time of the satisfaction of the corresponding charges

financial to the period of use of equipment and infrastructure.

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Article 6.

(Budget provisions)

1-The budgetary allocations necessary for the implementation of the programming law of

investments are entered in the own program of the investment budget of the

Ministry of Internal Administration, concretized in measures.

2-When commitments are made of which they result in multiannual charges,

within each of the measures, by each measure are indicated the costs for each

one of the effective years of the investment programming law, determined at prices

of the year of the respective approval.

3-The annual charge relating to each of the programmes may, upon permission of the

Minister of the Internal Administration, to be exceeded up to amount not exceeding 30% of the

respective value inscribed for the year concerned, provided that it does not make it impossible to implement

other programmes, and may not, in any case, the total budgetary burden being,

in each year, higher than the sum of the respective values set out in the programming law of

investments.

4-The balances verified in the measures at the end of each economic year transitions to the

budget of the following year, to strengthen the appropriations of the same measures up to their

complete execution.

Article 7.

(Annual report)

The Government will include, in the report provided for in Article 7º (3) of Law No. 20/87, 12 of

June, a chapter on the implementation of each measure in the previous year, the commitments

assumed and future responsibilities of them resulting, as well as all the information

necessary to the control of the investment programming law.

Article 8.

(Supplementary standards)

The programmes enrolled in the military programming law apply to the budgetary rules

of the multiannual programmes in anything that does not contravene this law.

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Article 9.

(Revision of programming)

1-The Government must present every two years, in the odd years, a proposal

of law of revision of the investment programming law.

2-A The investment schedule review law is passed up to 30 days before the

deadline for submission of the proposal for the Act approving the State Budget for the

next year.

Article 10.

(Transitional standard)

The first revision of the investment programming law is expected to occur in the course

of the year 2009, and shall produce its effects from September of the same year, in

simultaneous with the entry into force of the Act approving the objectives, priorities and

criminal policy guidelines for the biennium from 2009-2011.

Palace of S. Bento, May 31, 2007.

The Deputies,