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3.5  |  Development of UK strategy and options, September to November 2002 –
the negotiation of resolution 1441
936.  Sir David Manning proposed the establishment of an Ad Hoc Ministerial Group
on Iraq to Mr Blair on 12 September (see Section 2).337 Setting out proposals for
membership, Sir David wrote:
“This leaves the question of what to do about the Attorney. I assume that you
would not want him to attend your Ad Hoc Groups except by invitation on specific
occasions.”
937.  Mr Blair decided to wait to set up a Cabinet Group.338
938.  There are no records of Lord Goldsmith’s direct involvement in UK Government
discussions before his meeting with Mr Straw on 23 September, when Mr Straw had
“stressed” that Mr Wood “had his full authority to talk to Lord Goldsmith”.339
939.  Mr Wood’s letter of 24 September stated that Lord Goldsmith would be “aware
of the context and background” of the draft resolution and asked for his advice.340
940.  Lord Goldsmith told the Inquiry that a “number of difficulties” had
“prevented” him “from being more actively engaged” in advising on
resolution 1441.
941.  In his statement, Lord Goldsmith identified three broad areas of difficulty:
his Office was not sent all the relevant documents;
he was not sufficiently involved in Ministerial discussions; and
the approach to seeking his advice was inconsistent.
942.  Lord Goldsmith initially told the Inquiry that during the drafting of resolution 1441:
“I don’t know whether every draft was being copied, but certainly some drafts were
copied to my office, not with a request that I should advise, which was slightly
unsatisfactory, because it was sort of ‘keep you in the picture’ but not actually ask
you to advise.”341
943.  Asked to clarify his comment that the arrangements for seeking his advice on the
resolution were “unsatisfactory” and that he had not been asked to provide advice, Lord
Goldsmith’s witness statement identified a “number of difficulties” that had “prevented”
him “from being more actively engaged” in advising on resolution 1441.342
944.  The negotiation of resolution 1441 was difficult and at times conducted
directly between Mr Blair and Mr Straw and their counterparts.
337 Minute Manning to Prime Minister, 12 September 2002, ‘Iraq’.
338 Manuscript comment, [unsigned and undated], on Minute Manning to Prime Minister, 12 September
2002, ‘Iraq’.
339 Minute McDonald to Legal Adviser, 24 September 2002, ‘Attorney General’.
340 Letter Wood to Adams, 24 September 2002, ‘Iraq: Use of Force’.
341 Public hearing, 27 January 2010, page 26.
342 Statement, 4 January 2011, paragraph 1.8.
367
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