5 | Advice on the legal basis for military action, November 2002 to March 2003

681. Referring to the fact there were precedents for the disclosure of the Law Officers’

advice, Mrs Alice Mahon (Labour) said: “In these circumstances – these exceptional

circumstances – it is absolutely vital that we get that advice.”

682. Mr Andrew Mitchell (Conservative) said that the Prime Minister “should bring into

the public domain the advice that has been given by the Attorney General”.270

683. Mr Robert Wareing (Labour) asked:

“Is it not imperative that we have a statement about the advice given by the Attorney

General? Members of Parliament who vote for an aggressive war launched by

America and its collaborators and may be culpable and may be committing an

offence if the Attorney General’s advice were that Britain was going against

international law.”271

684. Further calls for a statement were made during points of order by Mr William Cash,

the Shadow Attorney General, Mr John Burnett (Liberal Democrat), Mr Mark Francois

(Conservative) and Ms Lynne Jones (Labour).272

685. Lord Goldsmith informed his officials on 13 March that, after further

reflection, he had concluded earlier that week that on balance the “better view”

was that there was a legal basis for the use of force without a further resolution.

686. Lord Goldsmith reached this view after he had been asked by both Admiral

Boyce and Ms Juliet Wheldon, the Treasury Solicitor, to give a clear-cut answer

on whether the “reasonable case” was lawful rather than unlawful.

687. This view was the basis on which military action was taken.

688. Mr Martin Hemming had written to Mr Brummell on 12 March stating:

“It is clear that legal controversy will undoubtedly surround the announcement of

any decision by the Government to proceed to military action in the absence of the

adoption of a further resolution by the UN Security Council. The CDS is naturally

concerned to be assured that his order to commit UK Armed Forces to the conflict

in such circumstances would be a lawful order by him. I have informed the CDS that

if the Attorney General has advised that he is satisfied that the proposed military