The Report of the Iraq Inquiry

• details of the legal advice offered by FCO Legal Advisers and by Lord Goldsmith

during the course of those negotiations; and

• the provisions of the resolution and the statements made by Members of the

Security Council on adoption.

5. After resolution 1441 was adopted, Lord Goldsmith warned both No.10 and

Mr Straw that he was “not optimistic” about the legal position for military action

in response to an Iraqi breach without a second Security Council resolution.

He offered to provide immediate advice.

6. Mr Jonathan Powell, Mr Blair’s Chief of Staff, assured Lord Goldsmith that

his views were known in No.10. The issue would be for consideration in the

longer term in the event of a report to the Security Council of a serious breach.

He suggested a meeting “some time before Christmas”.

7. Lord Goldsmith telephoned Mr Powell on Monday, 11 November and conveyed his

congratulations to No.10 for having secured such a tough resolution.1 Lord Goldsmith

“mentioned the possibility of Iraq finding itself in breach of resolution 1441 at some future

stage but with no second Security Council resolution”; a “matter to which he had said he

would give further consideration” following his meeting with Mr Blair on 22 October.

8. Lord Goldsmith also mentioned the “Chinese whispers” that had “come to his

attention … which suggested that he took an optimistic view of the legal position that

would obtain if such a situation arose”. The “true position was that he was not at all

optimistic”.

9. Lord Goldsmith suggested that “against this background, it was desirable for him

to provide advice on this issue now”.

10. Mr Powell noted what Lord Goldsmith said, “but was at pains” to assure him that

“No.10 were under no illusion as to the Attorney’s views” on that point. Mr Powell thought

that as “it was most unlikely that Iraq would not in the first instance accept resolution

1441, this was an issue for consideration in the longer term, in the event that at some

stage in the future we are faced with a breach by Iraq of resolution 1441 and the matter

is referred to the Security Council at that time”.

11. Mr Powell proposed a meeting some time before Christmas to discuss the issue.

1 Minute Brummell, 11 November 2002, ‘Iraq: Note of telephone conversation between the Attorney

General and Jonathan Powell – Monday, 11 November 2002’.

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