Executive
Summary
with and
co‑operate fully in the implementation of resolution 1441 and has
thus
failed to
take the final opportunity offered by the Security Council in that
resolution.
The
Attorney General understands that it is unequivocally the Prime
Minister’s
view that
Iraq has committed further material breaches as specified in
[operative]
paragraph 4
of resolution 1441, but as this is a judgement for the Prime
Minister,
the Attorney
would be grateful for confirmation that this is the
case.”
473.
Mr Rycroft
replied to Mr Brummell on 15 March:
“This is to
confirm that it is indeed the Prime Minister’s unequivocal view
that Iraq
is in
further material breach of its obligations, as in OP4 of UNSCR
1441, because
of ‘false
statements or omissions in the declarations submitted by Iraq
pursuant to
this
resolution and failure to comply with, and co‑operate fully in the
interpretation of,
this
resolution’.”
474.
It is unclear
what specific grounds Mr Blair relied upon in reaching his
view.
475.
In his advice
of 7 March, Lord Goldsmith had said that the views of UNMOVIC
and
the IAEA
would be highly significant in demonstrating hard evidence of
non‑compliance
and
non‑co‑operation. In the exchange of letters on 14 and 15 March
between
Mr Brummell
and No.10, there is no reference to their views; the only view
referred
to was
that of Mr Blair.
476.
Following
receipt of Mr Brummell’s letter of 14 March, Mr Blair
neither requested
nor
received considered advice addressing the evidence on which he
expressed his
“unequivocal
view” that Iraq was “in further material breach of its
obligations”.
477.
Senior
Ministers should have considered the question posed in
Mr Brummell’s
letter of
14 March, either in the Defence and Overseas Policy Committee or
a
“War Cabinet”,
on the basis of formal advice. Such a Committee should then
have
reported
its conclusions to Cabinet before its members were asked to endorse
the
Government’s
policy.
478.
In Parliament
during the second week of March, and in the media, there were
calls
on the
Government to make a statement about its legal
position.
479.
When Lord
Goldsmith spoke to Mr Brummell on 13 March, they agreed that
a
statement
should be prepared “setting out the Attorney’s view of the legal
position which
could be
deployed at Cabinet and in Parliament the following
week”.
480.
The message
was conveyed to No.10 during the morning of 15 March that
Lord
Goldsmith
“would make clear during the course of the week that there is a
sound legal
basis for
action should that prove necessary”.
67