Report of the Iraq Inquiry — House of Commons, 2016-07-13
Topic: International Affairs
Margaret Mary Beckett (Labour, Centre-left): It would be better to ask my former colleague. However, having been the recipient of Jack Straw’s notes, I would suggest that he was ironically quoting back to the Prime Minister words he did not think the Prime Minister should have used; and he was right about that, as no doubt the right hon. Gentleman will agree Then there is the question of legality. It has been said here before, and no doubt will be said again, that Chilcot does not pronounce on the legality of the proceeding. He criticises the processes but he does not say that a second resolution was needed, although I accept that he does not go into that territory. There is an enormous amount of dispute about this matter, and the former Attorney General touched on it a moment ago. It has led to the query, which he raised, as to why there were so few questions from the Cabinet to the Attorney General when he gave us his advice One of the things I am pretty sure I have said before, but I do not suppose anybody has paid any attention and they probably will not now, is that it is quite simply the case that the issue of whether we needed a second resolution had been gone over ad nauseam. It had been discussed at length. The Cabinet had had extensive verbal reports from the then Foreign Secretary and the Prime Minister about the progress of discussions in the Security Council, about the desire to have a second resolution, about how things were going, who was objecting, and the detail of how that process of negotiation was taking place The views of the then Foreign Office legal adviser in London have been much quoted. Evidence was given to the Chilcot inquiry about that, and it is absolutely right and wholly understandable that all the focus has been on the advice of the Foreign Office legal people in London. Although I was interested in the remarks of the Former Attorney General about how unclear international law is and how interpreting it is not always an easy matter, that is certainly not the impression that the public have been given However, I have rarely seen any reference made to the fact that someone else gave evidence to the inquiry about the legality of resolution 1441 and whether a second resolution was required. That person was the head of the Foreign Office legal team at the United Nations—the team whose day-to-day dealings are with the Security Council; the team who advised the then Government, and who presumably advise equivalent people in the Government today, on the handling of negotiations; and who give the Government legal advice about the detail of what resolutions mean—what their import will be That legal adviser confirmed what the former Foreign Secretary had consistently told the Cabinet, day after day—that the Russians and the French, in particular, had tried to get an explicit reference into resolution 1441 to the need for a second resolution before any military action could be undertaken, even though resolution 1441, as drafted, stated that it was a "final opportunity" to comply with UN resolutions and talked about "serious consequences" if Saddam did not comply. The legal adviser told the Chilcot inquiry that those discussions in the Security Council were exhaustive; that a very strong attempt was made to insist that a second resolution was carried; but that, in the end, the Russians and the French accepted that a second resolution was not referred to, and the resolution was carried unanimously—including, if I recall correctly, with the vote of the Syrian Government, which is a remarkable thought in today’s circumstances The accusation has also been made in all these discussions that the attempt to get Saddam Hussein to conform with UN resolutions was in some way false—that there was no wish for Saddam Hussein to conform, and that the intention from the beginning was military action. As I said in an intervention on the Foreign Secretary, the then Prime Minister repeatedly warned the Cabinet that if Saddam Hussein did, indeed, choose to comply with the UN resolutions, he stayed; and he reminded us that that would be an outcome that many—not least the many in this House who campaigned on behalf of the Kurds—would deplore and regret. It was repeatedly pointed out to us, "If Saddam complies, there will be no military action. He stays in power."