The Report
of the Iraq Inquiry
185.
Mr David
Brummell, the Legal Secretary to the Law Officers, wrote to the FCO
and
the Cabinet
Office on 11 July seeking clarification of the precise position
regarding plans
for any
future action by the US or the UK in relation to
Iraq.81
186.
Mr McKane
replied on 12 July that there were no plans for military action
by
the UK. As
for the US, he understood that “military contingency planning” was
under
way, but
that “no decisions have yet been taken on whether to embark on a
military
operation”.
He repeated that, as had been agreed in earlier exchanges, it would
be
important
to ensure that Lord Goldsmith was engaged as the Government’s
thinking
developed
on the subject.82
187.
Mr Brummell
replied that Lord Goldsmith had “noted the contents” of Mr
McKane’s
letter and
was “grateful” for his confirmation of the
position.83
188.
Lord Goldsmith
was invited to the meeting held by Mr Blair on 23
July.
189.
Asked about
his awareness of discussions about the use of force against Iraq
in
the first
half of 2002, Lord Goldsmith told the Inquiry that he was not
really aware beyond
what he had
read in the press about what was being said by President
Bush:
“I’m not
aware of the detail of discussions. I would presume there were
discussions
taking
place. I wasn’t a part of them. I didn’t attend Cabinet. This was a
practice
which had
grown up over quite a long period of time that the Attorney General
didn’t
attend
Cabinet unless apparently legal advice was called
for.”84
190.
As early as
March 2002, Lord Goldsmith had “wanted to be in a position to
engage
constructively”
so that his “advice could be factored into the development of
different
options” in
relation to the use of force in Iraq.85
His Office
had explicitly told the Cabinet
Office that
“It would not be helpful” if Lord Goldsmith was “presented at the
last moment
with a
request for a ‘yes or no’ answer”. Lord Goldsmith was “always
available to discuss
these
matters with Ministerial colleagues”.
191.
Lord Goldsmith
had warned Mr Straw and Mr Hoon on 28 March that he had
not
been asked
for an opinion on the legality of possible military action, but
that he would
be “happy
to discuss the matter” with them “at any time”.86
192.
Asked why Lord
Goldsmith was not involved until later, Mr McKane told the
Inquiry
that he
could not recall why Lord Goldsmith was not brought into
discussions after the
81
Letter
Brummell to Wood, 11 July 2002, ‘Iraq: US views – FCO Telegram No.
926’.
82
Letter
McKane to Brummell, 12 July 2002, ‘Iraq: US views – FCO telegram
No. 926’.
83
Letter
Brummell to McKane, 17 July 2002, ‘Iraq: US views – FCO Telegram
No. 926’.
84
Public
hearing, 27 January 2010, pages 16-17.
85
Minute
Berman to Attorney General, 11 March 2002, ‘Iraq’.
86
Letter
Goldsmith to Hoon, 28 March 2002, [untitled].
36