Report of the Iraq Inquiry

Debate between Lord Hammond of Runnymede and Joanna Cherry

Wednesday 13th July 2016 Commons Chamber

[Mr Hammond]

I suspect that right hon. and hon. Members would have been dismayed if they had not had an opportunity to put on record their reactions to the Chilcot report, albeit necessarily initial reactions. We will no doubt hear in the course of debate whether the concerns that my right hon. Friend expresses are widely shared.

The words of the very first paragraph of the executive summary of the report spell out the enormity of the undertaking and thus the gravity that should have attended all aspects of its preparation and execution:

“In 2003, for the first time since the Second World War, the United Kingdom took part in an opposed invasion and full-scale occupation of a sovereign State–Iraq.”

A reading of Sir John’s report, however, suggests that flaws, errors and omissions abounded. If the House will allow me, I will try to summarise the key findings that he makes.

First, on the question of why the United Kingdom went to war, the two issues central to the case that Tony Blair put forward were Saddam’s failure to comply with the obligations imposed by the UN Security Council between 1991 and 1999, and the message that the international community would send if those obligations were not enforced, and the threat to international peace and security from the weapons of mass destruction that, he argued, were at Saddam’s disposal.

The report identifies an

“ingrained belief of the Government and the intelligence community that Saddam Hussein’s regime retained chemical and biological warfare capabilities, was determined to preserve and if possible enhance its capabilities . . . and was pursuing an active and successful policy of deception and concealment.”

There were good reasons for this belief, given the past actions of Saddam’s regime. His past use of chemical weapons against Kurdish civilians and Iranian military forces, his refusal to comply with the demands of weapons inspectors, and his refusal to comply with UN Security Council resolutions all pointed in that direction. As Sir John set out:

“As late as 17 March, Mr Blair was being advised by the Chairman of the Joint Intelligence Committee that Iraq possessed chemical and biological weapons, the means to deliver them and the capacity to produce them.”

However, as Sir John also says:

“It is now clear that policy on Iraq was made on the basis of flawed intelligence and assessments.”

He finds that

“At no stage was the proposition that Iraq might no longer have chemical, biological or nuclear weapons or programmes identified and examined”

by either the Joint Intelligence Committee or the wider intelligence community.

In the case that he set out to the House of Commons on 18 March 2003, Mr Blair also argued that there was a link between international terrorism and weapons of mass destruction, and that—I quote from the then Prime Minister’s statement—

“the two together constitute a fundamental assault on our way of life.”—[Official Report, 18 March 2003; Vol. 401, c. 767.]

Sir John finds that

“While it was reasonable for the Government to be concerned about the fusion of proliferation and terrorism, there was no basis in the JIC Assessments to suggest that Iraq itself represented such a threat.”

When it comes to the use and presentation of intelligence, in particular the Government’s dossier on Iraq’s weapons of mass destruction published on the day of the Commons debate on 24 September 2002, Sir John finds that

“There is no evidence that intelligence was improperly included in the dossier or that No.10 improperly influenced the text”

and that

“The JIC accepted ownership of the dossier and agreed its content.”

However, he also finds that the judgments presented in Mr Blair’s statement to the House that day and in the dossier

“were presented with a certainty that was not justified.”

The Joint Intelligence Committee, he finds, should have made it clear to Mr Blair that the assessed intelligence had not established beyond doubt either that Iraq had continued to produce chemical or biological weapons, or that efforts to develop nuclear weapons continued.

On the much debated question of the legality of the war, the inquiry has not expressed a view on whether military action was legal. As Sir John says, that could

“only be resolved by a properly constituted and internationally recognised Court.”

[Joanna Cherry (Edinburgh South West) (SNP)]

The Government are refusing to release confidential advice that Whitehall officials gave to Gordon Brown about the remit of the inquiry. This advice was what made it impossible for Sir John Chilcot to rule on whether the 2003 war was illegal. The Government’s refusal flies in the face of an Information Tribunal ruling which ordered the material’s release, and it means that the public cannot see what options were considered when deciding on the nature and the scope of the inquiry when it was established. Will the Government reconsider their refusal to release that information?

[Mr Hammond]

The Government, in considering this report, will look at all these matters, but that is not the answer that Sir John has primarily identified for his decision not to pass any view on whether military action was legal. He says that the inquiry was not constituted in a way, nor did it have the necessary skills or qualifications, to make that decision.

[Joanna Cherry]

With respect, that is precisely my question. The Information Tribunal has ordered the release of material showing why the remit of the inquiry was so refined. This is not a criticism of Chilcot; it is a criticism of the present Government for refusing to release information about why the scope of the inquiry was restricted and could not look at the legality. That is what the public want to know.

[Mr Hammond]

The point I am making is that Sir John himself identifies not the lack of remit, but the lack of qualifications of the members of the inquiry to reach that decision. He says that that could

“only be resolved by a properly constituted and internationally recognised Court.”

The hon. and learned Lady will know that a huge number of documents have been declassified and made available in this process, but clearly it is not possible to declassify every document.

Sir John goes on to find that, although the then Attorney General, Lord Goldsmith, advised on 13 March 2003 that there was, on balance, a secure legal basis for military action,

“The circumstances in which it was ultimately decided that there was a legal basis for UK participation were far from satisfactory.”

Sir John, however, is clear that military action was not undertaken as “a last resort”— that there were further diplomatic steps that could have been taken to seek compliance by the Saddam regime—and that by moving to a military solution when the UNSC would not sanction such a development the UK, far from upholding it, was “undermining the Security Council”.

Europe, Human Rights and Keeping People Safe at Home and Abroad

Debate between Lord Hammond of Runnymede and Joanna Cherry

Tuesday 24th May 2016 Commons Chamber

[Mr Hammond]

Sir Simon has explained that what he was trying to convey was that we are mainstreaming, so we do not have a separate category any longer. We have mainstreamed human rights into our consular, political and mainstream diplomatic work. By doing so, we embed that in a way that is delivering results throughout our agenda.

[Joanna Cherry (Edinburgh South West) (SNP)]

Does the Foreign Secretary agree that it is a bit rich for British diplomats and politicians to travel the globe lecturing others about human rights when we are about to repeal our own Human Rights Act and some members of the Government of which the right hon. Gentleman is a part wish to withdraw from the European convention on human rights?

[Mr Hammond]

No, I do not. Throughout the world, Britain is recognised as an important champion of human rights and a country in which many of the rights taken for granted today across the world originated. I hope we can have a constructive debate about these issues.

Before I conclude, I want to confront head on the notion, which have heard, that the Government are putting economic and trade interests before human rights. Yes, we are serious about increasing our global trade to secure more jobs and greater economic security for the British people, but that does not come at the expense of our values. The deeper and broader our relationships with other countries become, the greater our influence and the easier it is to have frank conversations about issues on which we disagree. Building economic and political relationships helps to build influence and leverage. It is not always visible—progress often takes place behind the scenes—but we should be ruthlessly focused on what works. On the occasions where private influence fails, we can and do speak out publicly. Ultimately, I believe the best way to achieve the positive changes we all want to see on human rights is to engage constructively as part of a comprehensive relationship.