5 |
Advice on the legal basis for military action, November 2002 to
March 2003
901.
Responding to
points made in the debate by Lord Goodhart and Lord Howell
about
the absence
of Lord Goldsmith, Baroness Symons stated in her speech closing
the
debate:
“The
Attorney General has been more open-handed than any of his
predecessors
in publishing
his advice in the way that he has. Furthermore … the
Foreign
Secretary
has also tried to help … by circulating a further
paper.”409
902.
Baroness
Symons added that, “In recognition of the enormous importance of
this
issue”,
Lord Goldsmith had “decided to disclose his view of the legal basis
for the use
of force”.
That was:
“… almost
unprecedented. The last time a Law Officer’s views were
disclosed
concerned
the Maastricht Treaty in 1992. It is right that what has happened
today
remains the
exception rather than the rule.”
903.
Following
the adoption of resolution 1441, a decision was taken to
delay
the receipt
of formal advice from Lord Goldsmith.
904.
On 11
November Mr Powell told Lord Goldsmith that there should
be
a meeting
some time before Christmas to discuss the legal
position.
905.
On 9
December, formal “instructions” to provide advice were sent
to
Lord Goldsmith.
They were sent by the FCO on behalf of the FCO and the
MOD
as well
as No.10.
906.
The
instructions made it clear that Lord Goldsmith should not provide
an
immediate
response.
907.
When Lord
Goldsmith met Mr Powell, Sir David Manning and
Baroness
Morgan on
19 December, he was told that he was not, at that stage, being
asked
for his
advice; and that, when he was, it would be helpful for him to
discuss a draft
with
Mr Blair in the first instance.
908.
Until 7
March 2003, Mr Blair and Mr Powell asked that Lord
Goldsmith’s
views on
the legal effect of resolution 1441 should be tightly held and not
shared
with
Ministerial colleagues without No.10’s permission.
909.
Lord
Goldsmith agreed that approach.
409
House of
Lords, Official
Report, 17 March
2003, columns 117-118.
163