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The Report of the Iraq Inquiry
so that your advice could be factored into the development of different options. It
would not be helpful for you, or Ministerial colleagues, if you were presented at the
last moment with a request for a ‘yes or no’ answer. You [were] always available to
discuss these matters with Ministerial colleagues.” 128
348.  Mr Berman also wrote that he had “recalled (and Mr McKane agreed) that the legal
basis for the use of force in 1998 had been very difficult and contentious. Any proposed
recourse to the inherent right of self-defence would also be far from straightforward.”
349.  Mr Berman had contacted Mr Michael Wood, the FCO Legal Adviser, who told him
that a policy paper had already been submitted to No.10 but he (Mr Wood) could not
send Mr Berman a copy. Mr Wood had provided a copy of the FCO paper (‘Iraq: Legal
background’). Mr Berman had “underlined to Mr Wood the importance of ensuring that
LSLO [Legal Secretariat to the Law Officers] was fully kept in … the loop – in relation to
the development of policy as well as any comments on the legal issues”.
Discussions with the US Administration, March 2002
MR BLAIR’S MEETING WITH VICE PRESIDENT CHENEY, 11 MARCH 2002
350.  The FCO briefing for Mr Blair’s meeting with Vice President Cheney
suggested that:
Mr Blair should state that the UK supported the US objective of regime
change in Iraq.
It would be important to alert a sceptical world to the threat posed by Iraq.
351.  The FCO briefing for Mr Blair’s meeting with Vice President Cheney covered a
range of issues but Iraq was identified as:
“… the main issue, including for the media given speculation that the US are moving
towards early decisions on military action … This will … be an important opportunity
… to get a feel for where the debate in Washington stands and what options are
emerging.” 129
352.  The FCO suggested that the key messages for Mr Cheney on Iraq were:
“In complete agreement on objective. World a better place without Saddam
in power. Need to ratchet up the pressure on Iraq.”
“Containment policy has had some success … Climate post 11 September
could provide opportunities for enhanced containment, but cannot bring about
regime change.”
128  Minute Berman to Attorney General, 11 March 2002, ‘Iraq’.
129  Letter McDonald to Rycroft, 8 March 2002, ‘US Vice President’s Call on the Prime Minister, 11 March’.
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