The Report
of the Iraq Inquiry
may be
taken against Iraq to enforce the terms of the UNSCR in the absence
of
a further
resolution of the Security Council”.294
722.
Ms Adams
stated that there were two issues to consider:
•
“Is the
revival argument valid?”; and
•
“Is
resolution 1441 sufficient?”
A
“conference” with Lord Goldsmith had been arranged for 1630 that
afternoon.
723.
Lord Goldsmith
met Lord Mayhew, the Conservative Attorney General
from
1987 to
1992, late on the afternoon of 13 March.295
724.
Lord Goldsmith
told the Inquiry that Lord Mayhew had asked for the
meeting
because he
had wanted, and been given, Lord Goldsmith’s view; and that in
the
debate on
the legality of the use of force in Iraq in the House of Lords on
17 March,
Lord Mayhew
had professed himself in agreement with Lord Goldsmith’s
view.296
725.
Lord
Goldsmith’s meeting with Lord Mayhew was followed by one with
Mr Straw,
which
Mr Brummell also attended.297
726.
In what was
described as a “lengthy meeting”, Lord Goldsmith was reported
to
have said
that “having decided to come down on one side (1441 is sufficient),
he had
also
decided that in public he needed to explain his case as strongly
and unambiguously
as
possible”.298
A legal
team under Professor Greenwood was “now working” on
that.
Mr Straw
arranged for Mr Macleod and Mr Patrick Davies, one of his
former Private
Secretaries,
to join the team.
727.
Mr Straw’s
request that the team should produce a draft letter explaining the
legal
position
for him to send to the Chairman of the Foreign Affairs Committee
(FAC) had
been
agreed. Mr Straw’s Private Office also recorded that Lord
Goldsmith had said
“he thought
he might need to tell Cabinet when it met on 17 March that the
legal issues
were finely
balanced”.
728.
The record
stated that Mr Straw had responded by saying that Lord
Goldsmith:
“… needed
to be aware of the problem of leaks from … Cabinet. It would
be
better,
surely, if the Attorney General distributed the draft letter from
the Foreign
Secretary
to the FAC as the basic standard text of his position and then made
a few
comments.
The Attorney General agreed.”
294
Letter
Adams to Greenwood, 13 March 2003, ‘Iraq: Resolution
1441’.
295
Diary
extract
Attorney General, 13 March 2003.
296
Public
hearing, 27 January 2011, page 197.
297
Diary
extract Attorney General, 13 March 2003.
298
Minute
McDonald, 17 March 2003, ‘Iraq: Meeting with the Attorney
General’.
130