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9.1  |  March to 22 May 2003
203.  Maj Gen Cross also told the Inquiry:
“I’m well aware of the debate that went on about the legality and a reluctance to be
seen at this stage to be endorsing ORHA or formally placing people within ORHA on
the basis that we, the UK, would become liable under the umbrella of international
law and so forth if we were a part of it. So at that stage, the correspondence that
I have seen coming out of DFID, coming out of the FCO, coming out of the MOD,
was a recognition that ORHA needed far more than it had, but not yet an agreement
that we, the UK, should be prepared to fill any of those slots.”102
204.  Mr Edward Chaplin, FCO Director Middle East and North Africa, attended a
regional meeting set up by ORHA in Nasiriyah on 15 April to begin a dialogue with
Iraqi leaders.103
205.  On the flight home he wrote to his counterpart in the US State Department
enclosing two papers: ‘Setting up the Iraqi Interim Authority: Issues for Discussion’ and a
longer paper on the UK’s broader views on the creation, composition and powers of the
IIA and its relationship with ORHA.
206.  The first paper set out the UK’s assumption that a national conference would be
needed to set up the IIA and establish constitutional review and electoral processes. The
paper emphasised the need for selection of representatives to be Iraqi-led. While the UK
wanted to set up an IIA as soon as possible, they wanted to give the process enough
time to make the Iraqi people feel they had been properly consulted. The key tasks for
the so called “Baghdad conference” were to:
establish the IIA;
set up processes for the review of the Constitution; and
create processes for the preparation of elections.
207.  The first paper stated that the way in which members of the IIA would be selected
was crucial, arguing that the individuals needed to be technocrats with no political
affiliations, and suggesting ways in which the conference could appoint IIA members.
The second paper set out the process the UK envisaged would be used to form a new
representative government for Iraq, replicating the same steps set out in the paper
prepared for Mr Straw to use in discussion with Secretary Powell on 3 April.
208.  On 16 April, the European Council met in Athens.104 Mr Blair represented the UK.
A private bilateral meeting between Mr Blair and Mr Annan was organised in the margins
of the main event.
102  Public hearing, 7 December 2009, page 28.
103  Letter Chaplin to Crocker, 17 April 2003, ‘Setting up the Iraqi Interim Authority: Issues for Discussion’
attaching Paper FCO, 2 April 2003, ‘Post conflict Iraq: Iraqi interim authority’.
104  Letter Rycroft to McDonald, 16 April 2003, ‘Iraq: Prime Minister’s Meeting with UN Secretary General,
Athens, 16 April’.
163
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