The Report of the Iraq Inquiry

in New York’s knowledge and understanding of the views of the FCO Legal

Advisers and Lord Goldsmith during the negotiations and of their understanding

in early November 2002 of the legal effect of the drafts of resolution 1441, were

not consistent.

1003. In a statement to the Inquiry, Sir Michael Wood wrote that he, Ms Wilmshurst and

Mr Grainger worked closely together as a team on all matters concerning the use of

force against Iraq.370

1004. Legal advice was “folded in to the day‑by‑day instructions to UKMIS New York”.

Mr Grainger attended the daily meetings on Iraq, discussed drafts with the United

Nations Department (UND), cleared draft instructions to New York and gave day‑to‑day

advice orally and in writing. Virtually all significant pieces of written legal advice were

a co‑operative effort.371

1005. Sir Michael had been aware of, and agreed with, all the advice Mr Grainger

had given.

1006. Sir Michael stated that he had ensured that he was “consulted … on all significant

legal questions concerning Iraq”, and that he gave his own written advice whenever he

“was asked directly by Ministers or senior officials”.372 He would “intervene directly only

when we considered that necessary, particularly to get a point across to Ministers”.

1007. Instructions to the Mission in New York on the negotiation of resolution

1441 were issued from the FCO in London.

1008. Sir Michael Wood’s and Mr Macleod’s evidence indicates that direct contact

between the FCO Legal Advisers and the Legal Counsellor in UKMIS New York

was limited.

1009. Mr Straw told the Inquiry that the Legal Counsellor in New York had “played

a very important role in the negotiation and drafting of 1441 and after that, in its

interpretation”.373

1010. In his statement to the Inquiry, Mr Macleod wrote that his instructions came

“from or through UND”, and that was the case “even on issues with a high ‘legal’

content”.374 Direct contact with FCO Legal Advisers was “not commonplace”, and

370 Statement, 15 March 2011, pages 5‑7.

371 Statement, 15 March 2011, pages 6‑8.

372 Statement, 15 March 2011, pages 6‑7.

373 Public hearing, 8 February 2010, page 52.

374 Statement, 24 June 2010, paragraphs 1‑2, 6‑8.

376