The Report of the Iraq Inquiry

974. Sir Michael Wood told the Inquiry that in the meeting with Lord Goldsmith on

5 November 2002:

“… we expressed concerns that assumptions were being made by Ministers about

his eventual advice, and that therefore in our view early advice from the Attorney

was desirable. As I recall, the Attorney’s response was to the effect that he would

give his advice when it was requested by Ministers, but that in any event we knew

his views.”357

975. Asked what legal advice had been provided on the effect of the insertion of the

words “for assessment”, Sir Michael Wood wrote that the words were “proposed by the

US Secretary of State, in response to a French request, and agreed by him directly with

the British and French Foreign Ministers, without, so far as I am aware, legal advice

being sought”.358

976. Despite the difficulties which Lord Goldsmith rightly identified as limiting

his contribution during the negotiation of resolution 1441, the way in which

Lord Goldsmith’s advice was provided raises a number of issues.

977. After the meeting with Mr Blair on 22 October, Lord Goldsmith

understandably felt it necessary to ask Mr Brummell to record his views.

978. Accordingly, on Lord Goldsmith’s instructions, Mr Brummell wrote to

Sir David Manning setting out the points that Lord Goldsmith had made in his

meeting with Mr Blair.

979. Asked about his meeting with Mr Blair on 22 October and Mr Brummell’s letter

of 23 October 2002 before the declassification of his manuscript notes of that meeting,

Lord Goldsmith told the Inquiry that he hadn’t thought he needed to put his views

in writing at that stage:

“I think I had been very clear in my oral statements that there needed to be a

clear statement of material breach and so forth. So I don’t think I needed to add

anything else.”359

980. Asked if he had been anxious that Mr Blair should know his legal advice,

Lord Goldsmith replied:

“I don’t think so … I couldn’t have given definitive legal advice at that stage, because

the whole point was he [Mr Blair] had had the advice in July about what needed to

happen … Until there was a resolution finally, there wasn’t really anything more to

say, although I was giving a bit of guidance about a couple of matters. One of them

357 Statement, 15 March 2011, page 13.

358 Statement, 15 March 2011, page 18.

359 Public hearing, 27 January 2010, pages 29‑30.

372