The Report
of the Iraq Inquiry
231.
Mr Blair’s
decision to ask for Lord Goldsmith’s draft advice and his
invitation
to Lord
Goldsmith to attend Cabinet suggest that he intended the advice to
inform
discussion
in Cabinet on 16 January.
232.
But
Mr Blair did not reveal that he had received Lord Goldsmith’s
draft advice
which
indicated that a further determination by the Security Council that
Iraq was
in material
breach of its obligations would be required to authorise the
revival of
the
authority to take military action in resolution 678.
233.
As the
Attorney General, Lord Goldsmith was the Government’s
Legal
Adviser not
just the Legal Adviser to Mr Blair.
234.
There is no
evidence that Mr Straw was aware of Lord Goldsmith’s
draft
advice
before Cabinet on 16 January, although he was aware of Lord
Goldsmith’s
position.
235.
There is no
evidence that Lord Goldsmith had communicated his
concerns
to
Mr Hoon or to any other member of Cabinet.
236.
Mr Blair’s
decision not to invite Lord Goldsmith to speak meant that
Cabinet
Ministers,
including those whose responsibilities were directly engaged, were
not
informed of
the doubts expressed in Lord Goldsmith’s draft advice about the
legal
basis of
the UK’s policy.
237.
It may not
have been appropriate for Lord Goldsmith to challenge
the
assertions
made by Mr Blair and Mr Straw, which repeated their
previous public
statements,
during Cabinet.
238.
Notwithstanding
the draft nature of his advice, it would have been
advisable
for Lord
Goldsmith to have told Mr Straw and Mr Hoon of his
concerns.
239.
Lord
Goldsmith could also have expressed his concerns subsequently
in
private.
Other than his conversations with Mr Straw in early February,
there is
no evidence
that he did so.
240.
Ms Adams’
brief for Lord Goldsmith for Cabinet on 16 January
stated:
“In the
light of our discussion yesterday, if asked for your views on the
interpretation
of
resolution 1441, you might say that:
•
“you have
not given advice”;
•
“you are
waiting for further briefing from the FCO before finalising your
views
(alluding
to the proposed Greenstock discussion)”;
•
“it is
therefore premature to express a view”; and
48