The Report of the Iraq Inquiry

have known before the following week that what the Armed Services and the Civil

Service expect was not what had been the precedent given in the past that they

wanted more, they wanted an unequivocal answer. Had I known that, then I would

have approached the question differently, and I’m simply saying that I was cautious

in not going further than I needed to do on 7 March.”286

709. Asked whether the difficulties in the Security Council had made it more important

to know if there was a sufficient legal basis for military action, Lord Goldsmith replied:

“Yes.”287

710. Asked whether Mr Blair had asked him to come up with a definitive position,

Lord Goldsmith told the Inquiry:

“I don’t recall it that way. The way it may have been seen by others or interpreted

by others or recollected by others, I don’t know, but I don’t recall the Prime Minister

asking for that, no, definitely not.”288

711. Asked whether the huge pressure on the Government, including Mr Blair’s

personal future, had weighed on him, Lord Goldsmith said:

“The consequences for the Government did not … What did matter to me, of course,

was the United Kingdom as a country and the people that we would have been

asking to take part in this with a potential personal responsibility, and I did believe

it was right to respond to the request from the head of the Armed Services … That

weighed with me.”289

712. Asked whether the possibility of troops who had been deployed to the area being

withdrawn as a consequence of his advice weighed upon him Lord Goldsmith said:

“No. Those sorts of consequences are not what the lawyer has to take into account.

What the lawyer has to do is to weigh up the arguments and evidence carefully

and reach what he believes is the correct legal view, whatever the consequences

may be.”290

713. The Inquiry asked Mr Blair what discussions he or others under his instruction had

with Lord Goldsmith between 7 March, when he had received Lord Goldsmith’s formal

advice, and 13 March. Mr Blair said:

“I can’t recall any specific discussions that I had. I don’t know whether others would

have had with him before 13 March, but essentially what happened was this: he

gave legal advice, he gave an opinion saying, ‘Look, there is this argument against

it, there is this argument for it. I think a reasonable case can be made’ and obviously

286 Public hearing, 27 January 2010, page 173.

287 Public hearing, 27 January 2010, page 187.

288 Public hearing, 27 January 2010, page 189.

289 Public hearing, 27 January 2010, pages 190-191.

290 Public hearing, 27 January 2010, page 191.

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