Report of the Iraq Inquiry

Debate between Baroness Beckett and Caroline Lucas

Wednesday 13th July 2016 Commons Chamber

[Margaret Beckett]

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.”

[Caroline Lucas]

I thank the right hon. Lady for so graciously giving way. The Chilcot report contains a quote from Sir Richard Dearlove, the head of MI6 at the time, telling Tony Blair that the US was deliberately setting the bar

“so high that Saddam Hussein would be unable to comply”.

So the idea that when Tony Blair was standing in the House of Commons on the day of the vote, there was still time for Saddam to comply, is simply wrong. Tony Blair has already been told by Sir Richard Dearlove that the bar has been set deliberately high for the weapons inspectors, so that Saddam cannot comply.

[Margaret Beckett]

I know about the quote from Sir Richard Dearlove and I know that he expressed that view, as I recall, quite some time before, because I do not think he was in post at the time we are speaking of. I accept that it was serious and difficult, but if Saddam had shown any intention of complying or made any move to readmit inspectors—for example, a series of tests was proposed that Saddam could meet to show whether he was complying, but all that was rejected—by the French, by the way, and also by Saddam. So that is where we are. There was, indeed, a warning that if Saddam complied, military action would not occur.

That is the original four-point series of accusations. To that story, three further accusations have now been added. The first, from the Chilcot report, is that action was taken when it was not a matter of the last resort. The second is that we could have held back longer and the whole matter could have been addressed by further inspections. The third was that the events that have since taken place in the middle east are all a result of the Iraq invasion, and that that too should lie on the consciences of all of us who voted for it.

The point about whether the intervention was a last resort was also raised by my late right hon. Friend Robin Cook, and those who make that case rest their argument on the continued effectiveness of containment backed by sanctions. What nobody seems to mention any more is that at that time, it was widely and seriously believed that containment was weakening and ceasing to be effective. Anyone who was around can cast their mind back and recall that there was an enormous and growing campaign against the sanctions that were helping to keep in place the hoped-for containment. Many right hon. and hon. Members will recall the protests that took place continually, across the road in Parliament Square, but nearly everybody has forgotten that that was not at first a protest against the war; it was a protest against the maintenance of sanctions against Saddam Hussein. To be fair to those who undertook that protest, it was done on a perfectly legitimate and understandable basis, because Saddam was stealing money that was being given to feed the Iraqi people and using it for his own purposes, and consequently there was growing poverty and hardship in Iraq. It was understandable that people should have been against sanctions on that basis, and they were, and the campaign against those sanctions was growing.