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9.6  |  27 June 2007 to April 2008
was “in our interests” to hold JAM1 until the end of the current phase of the operation.
In particular, the official wondered, “how will it look presentationally if we keep him
past PIC?”
572.  Mr Day wrote to Lt Gen Wall on 5 November with an account of discussions
between Maj Gen Binns and Mr Browne on JAM1 during Mr Browne’s visit to Basra.268
Mr Day suggested that the key points were:
the extent to which a long term deal is embedded in – and, indeed, fundamental
to – thinking in theatre on political engagement and shifting the gunmen into
politics;
[officials’] caution about the prospects for success;
the fragility of our hold on [JAM1] after his release – the levers listed in previous
draft papers are in my view inadequate to constrain him once out of our hands.”
573.  Mr Day considered that it was important to recognise that:
“… negotiating a long term relationship with [JAM1] is tantamount to taking a punt at
long odds. But the alternatives may well be even less attractive. Having discussed
the pros and cons with SofS and Graham Binns, I think the key questions on which
we need to provide advice are:
What are the legal implications/commitment of the kind of political and
economic ‘deals’ we are considering – in particular on providing intelligence
to [JAM1] and transferring internees from US custody?
How do we engage the key Iraqi players (presumably Maliki, Mohan and
Jalil) and do they have a say or a veto?”
574.  Mr Day concluded:
“This is essentially a political judgement call so we need to expose all of the factors
for SofS. In the shorter term, I have confirmed with SofS’s office that they have no
record of SofS agreeing that theatre can release further internees without consulting
MOD. That was certainly my understanding, at least as until we have a long term
policy in place.”
575.  Mr Lyall Grant chaired a meeting on 6 November to consider the negotiations with
JAM1.269 It was attended by representatives from the MOD, the FCO, DFID, the Cabinet
Office, SIS and GCHQ.
576.  The Inquiry has seen accounts of that meeting written by attendees from the
MOD and other organisations, but the Government has confirmed that no formal minutes
of the meeting exist.
268  Minute Day to DCDS(C), 5 November 2007, ‘[NAME OF OPERATION]’.
269  Email junior official specialising in the Middle East, 8 November 2007, ‘[NAME OF OPERATION]:
FCO Lead on Strategic Development of the Initiative’.
289
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