9.2 | 23
May 2003 to June 2004
717.
This language
was “incendiary”, and the US National Security Council
was
reported to
have instructed Ambassador Bremer to remove all references to
security
from the
draft.
718.
Mr Straw’s
Private Secretary reported to Mr Blair’s Private Office that
progress on
719.
Briefing
prepared for Mr Blair in advance of a conversation with
President Bush
outlined
the difficult issues for the TAL, which included national security
and federalism.
720.
The FCO was
concerned that the TAL had become too detailed, and was
no
longer the
simple framework document on structures and principles originally
envisaged,
making it
difficult to explain to the public and potentially raising
objections from
Grand Ayatollah
al-Sistani and others.
721.
In a video
conference on 4 February, Mr Blair suggested to President Bush
that
engagement
in Iraq was an opportunity for the UN to re-establish its
credibility; it could
also
provide an “insurance policy” for the Coalition on the Iraqi
political process.393
722.
In early
February, the Chiefs of Staff considered whether or not the UK
should
deploy the
HQ ARRC to Afghanistan and concluded that the UK should consider
doing
723.
On 9 February,
Mr Llewellyn received a letter from Ms Adams.395
It recorded
advice
given by
Professor Christopher Greenwood QC, with which the Attorney General
agreed,
in response
to questions from Mr Llewellyn. Those questions were about the
status
of the CPA
plus the UK’s obligations as Occupying Power and under the
European
Convention
of Human Rights.
724.
Mr Llewellyn
described the main conclusion of Ms Adams’ letter as:
•
It was
likely that the CPA would be found to be a body constituted by the
US
and UK, for
which the two States had joint responsibility under
international
law. It was
likely that this would mean that the UK could be held
responsible
for
legislation adopted by the CPA which infringed Occupation law. The
fact
that UK
officials may have attempted to get the legislation amended
would
not be
relevant because “Bremer acts on behalf of the UK in
authorising
CPA legislation.”
392
Letter Owen
to Cannon, 3 February 2004, ‘Iraq: Prime Minister’s VTC with
President Bush: Wednesday
4 February’
attaching Briefing ‘Iraq: Prime Minister’s VTC with President Bush:
Wednesday 4 February’.
393
Letter
Cannon to Adams, 4 February 2004, ‘Prime Minister’s
video-conference with President Bush,
4
February’.
394
Note
Secretary of State [FCO], 6 February 2004,
‘Afghanistan’.
395
Letter
Llewelyn to Crompton, 25 February 2004, ‘Iraq: Attorney General’s
Advice: The Extent of the
UK’s
International Obligations in Iraq’.
325