The Report of the Iraq Inquiry

UN inspectors and the IAEA and to complete the actions required by operative

paragraphs 8 to 13 of resolution 687 (OP1);

• to afford Iraq “a final opportunity” to comply with its obligations (OP2);

• that Iraq should provide “a currently accurate, full, and complete declaration

of all aspects of its programmes” within 30 days of the resolution (OP3); and

• “that false statements or omissions in the declarations submitted by Iraq

pursuant to this resolution and failure by Iraq at any time to comply with, and

co-operate fully in the implementation of, this resolution shall constitute a further

material breach of Iraq’s obligations and will be reported to the Council for

assessment …” (OP4).

575. On 14 March, Lord Goldsmith asked for confirmation of Mr Blair’s view that Iraq

had “committed further material breaches as specified in [operative] paragraph 4 of

resolution 1441”.192

576. Mr David Brummell, Legal Secretary to the Law Officers, wrote to Mr Rycroft

on 14 March:

“It is an essential part of the legal basis for military action without a further resolution

of the Security Council that there is strong evidence that Iraq has failed to comply

with and co-operate fully in the implementation of resolution 1441 and has thus

failed to take the final opportunity offered by the Security Council in that resolution.

The Attorney General understands that it is unequivocally the Prime Minister’s

view that Iraq has committed further material breaches as specified in [operative]

paragraph 4 of resolution 1441, but as this is a judgment for the Prime Minister, the

Attorney would be grateful for confirmation that this is the case.”

577. Mr Rycroft replied to Mr Brummell’s letter the following day, stating:

“This is to confirm that it is indeed the Prime Minister’s unequivocal view that Iraq is

in further material breach of its obligations, as in OP4 of UNSCR 1441, because of

‘false statements or omissions in the declarations submitted by Iraq pursuant to this

resolution and failure to comply with, and co-operate fully in the implementation of,

this resolution’.”193

578. It is unclear what specific grounds Mr Blair relied upon in reaching his view.

579. Following receipt of Mr Brummell’s letter of 14 March, Mr Blair neither requested

nor received considered advice addressing the evidence on which he expressed his

“unequivocal view” that Iraq was “in further material breach of its obligations”.

580. The significance of Lord Goldsmith’s request and Mr Blair’s response are

addressed in Section 5.

192 Letter Brummell to Rycroft, 14 March 2003, ‘Iraq’.

193 Letter Rycroft to Brummell, 15 March 2003, ‘Iraq’.

498