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The Report of the Iraq Inquiry
195.  Lord Goldsmith told the Inquiry that he had handed the draft paper to Mr Blair and
there was some discussion, but he did not think there had been a long discussion:
“The one thing I do recall was that he [Mr Blair] said … ‘I do understand that your
advice is your advice’. In other words, the Prime Minister made it clear he accepted
that it was for me to reach a judgement and that he had to accept that.”73
196.  No.10 did not seek Lord Goldsmith’s further views about the legal basis for the use
of force until the end of February, and he did not discuss the issues again with Mr Blair
until 11 March.
No.10’s reaction to Lord Goldsmith’s advice
197.  Mr Powell proposed that Sir Jeremy Greenstock should be asked to suggest
alternatives to Lord Goldsmith.
198.  Mr Blair’s response to Mr Powell indicated that he himself was not confident
that resolution 1441, of itself, provided a legal basis for the use of force. Mr Blair’s
response suggested a readiness to seek any ground on which Lord Goldsmith
would be able to conclude that there was a legal basis for military action.
199.  Given the consistent and unambiguous advice of the FCO Legal Advisers
from March 2002 onwards and Lord Goldsmith’s advice from 30 July 2002, that
self-defence could not provide a basis for military action in Iraq, the Inquiry has
seen nothing to support Mr Blair’s idea that a self-defence argument might be
“revived”.
200.  Lord Goldsmith’s draft advice stated that:
“It was proposed before Christmas that it would be worthwhile to discuss the
negotiation of the resolution and particularly the genesis of the words ‘for
assessment’ with Sir Jeremy Greenstock. It is not clear if and when he will be able
to come to London for such a meeting.”74
201.  Mr Powell sent an undated note to Mr Blair advising: “We should get Jeremy
Greenstock over to suggest alternatives to him.”75
202.  Mr Blair replied to Mr Powell:
“We need to explore, especially (a) whether we c[oul]d revive the self-defence etc
arguments or (b) whether the UNSCR [sic] c[oul]d have a discussion, no resolution
authorising force but nonetheless the terms of the discussion and/or decision, make
it plain there is a breach.”76
73 Public hearing, 27 January 2010, page 72.
74 Minute [Draft] [Goldsmith to Prime Minister], 14 January 2003, ‘Iraq: Interpretation of Resolution 1441’.
75 Note [handwritten] Powell to PM, [undated and untitled].
76 Note [handwritten] [Blair to Powell], [undated and untitled].
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