Iraq Inquiry Debate

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Department: Cabinet Office
Thursday 29th January 2015

(9 years, 3 months ago)

Commons Chamber
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David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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I beg to move,

That this House regrets that the Iraq Inquiry has decided to defer publication of its report until after 7 May 2015; and calls on the Inquiry to publish a timetable for publication and an explanation of the causes of the delay by 12 February 2015.

The second Iraq war led to the deaths of more than 4,800 allied soldiers, 179 of them British. The lowest estimate of Iraqi civilian fatalities is 134,000, but plausible estimates put that number four times higher. So let us be clear—at least 134,000 innocent people died. The war created 3.4 million refugees, half of whom fled the country. It cost the British taxpayer £9.6 billion and it cost the American taxpayer $1,100 billion.

The war has done untold damage to the reputation of the west throughout the middle east, and indeed among Muslim populations both at home and abroad. Initiated to protect the west from terrorism, it has in fact destroyed the integrity of the Iraqi state and triggered a persistent civil war that has created the conditions for perhaps the worst terrorist threat yet to the west—ISIL. It has done huge harm to the self-confidence and unity of the west, neutering our foreign policy. The war was, with hindsight, the greatest foreign policy failure of this generation, and I say that as someone who voted for it. So that is why the Chilcot inquiry was set up.

The Iraq inquiry was announced in 2009 with broad and proper terms of reference. Sir John Chilcot, the inquiry’s chairman, made it clear that this was principally about learning lessons. He said that these

“lessons will help ensure that, if we face similar situations in future, the government of the day is best equipped to respond to those situations in the most effective manner in the best interests of the country.”

Governments are often prompted by acts of terrorism into making mistakes. The United States rushed into extraordinary rendition, torture, illegal surveillance and Guantanamo Bay. We attempted to introduce 90-day detention without charge, which everyone now accepts was unnecessary and wrong. But the greatest and most dangerous errors are in foreign policy. As Lady Manningham-Buller, the former head of MI5 stated, the invasion of Iraq “undoubtedly increased the threat” of terrorist attacks in Britain.

Since the announcement of the inquiry, three major foreign policy decisions would have greatly benefited from the lessons that arose from the Iraq war. In Libya we undertook a military intervention that was intended to prevent a massacre, quite properly. It was successful, but it was the precursor to protracted conflict and unrest following our nominal military victory. In Syria, the Government were blocked by this House from military intervention, an intervention that would have led us to be the military supporters of our now sworn enemies, ISIS. And now in Iraq the UK has become embroiled in the ongoing civil war that has raged since the invasion in 2003.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
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Will my right hon. Friend give way?

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David Davis Portrait Mr Davis
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I will, but as the Government have, in my view improperly, made two statements on a Backbench Business day, I will have to limit the number of interventions I take.

John Baron Portrait Mr Baron
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As someone who voted against Iraq and Libya, I can only concur with what my right hon. Friend has said. Does he accept that the Chilcot inquiry has made it clear that it has cleared a lot of evidence for publication, but has not published it since 2012? Would it not be right, in the absence of the report itself, to get the evidence published, which would be the next best thing?

David Davis Portrait Mr Davis
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My hon. Friend makes a good point. I will refer in a moment to the Winograd commission, which produced an interim report before the final report. Either of those approaches would have been sensible and worth while, and are still possible.

When decisions such as those that were made in Libya, Syria and Iraq are made without knowledge of all the facts, mistakes are made and sometimes people die as a result. So it is not hyperbole to say that the delay to the Iraq inquiry could cost lives because bad decisions could be made.

When it was announced in 2009, the inquiry was expected to take one year, and that was thought by the then Leader of the Opposition to be too long. Had the inquiry stuck to that timetable, the Government would have had the benefit in all the actions I have mentioned of any lessons that might have been learned from the final report. Six years on from the start, Sir John Chilcot has said that the report has taken

“longer than any of us expected would be necessary”.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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Will the right hon. Gentleman give way?

David Davis Portrait Mr Davis
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If the hon. Gentleman will forgive me, I will not for the moment.

That was perhaps the understatement of the decade. It has been claimed that it is not an unreasonable period of time for such an important inquiry, but the Franks report on the Falklands war took six months, and we should not forget that that war had a controversial start. There were controversial aspects to the continuing diplomatic negotiations. It was incredibly sensitive in diplomatic, national security, military and espionage terms, yet it took six months.

The Winograd commission—the Israeli Government-appointed commission of inquiry into the war with Lebanon in 2006—is another relevant example. The commission held its first session in September 2006, released a preliminary report within seven months and then published in January 2008, less than a year and a half after the inquiry was announced. Any argument for delay on the grounds of political sensitivity or national security would be far more pertinent in Israel, where the immediate threat to life is considerably greater than in any other country in the world.

Liam Fox Portrait Dr Liam Fox (North Somerset) (Con)
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By the time we get to see this report, we will be in the third Parliament during which it has been written and considered. Is my right hon. Friend aware of any precedent for that and is there any possible legitimate excuse for the delay?

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David Davis Portrait Mr Davis
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No, and that is the case that I am going to explore. I will not do what the Father of the House did and go back to the Dardanelles, but even if we went back further than that we would not get to this level of delay.

Paul Flynn Portrait Paul Flynn
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Sir Jeremy Heywood was asked two days ago whether he would approve of this House subpoenaing the evidence to Chilcot and publishing it ourselves. His comment was that he did not want to rush the Chilcot report. Is that a reasonable view?

David Davis Portrait Mr Davis
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When the hon. Gentleman listens to what I intend to say shortly, he will realise that Sir Jeremy Heywood certainly does not want to rush the report, and there are some reasons for that of which I do not approve.

I have been asked by a number of colleagues why I believe that the delay has occurred. The truth is that no one in this House knows, not even the Minister. There is not enough information in the public domain, which is why the motion requires an answer to that exact question from Sir John Chilcot. Nevertheless, there are some clues. For clarity, I should say that I do not believe, at this stage at least, that the witnesses are the cause of the delay, and I say that because I think that one of them will be speaking later.

Some of the delay is undoubtedly down to the conflict between the inquiry and Whitehall—Sir Jeremy Heywood and others—about what can and cannot be disclosed. What the inquiry can publish is wrapped up in a series of protocols that have criteria so broad that a veto on publication can virtually be applied at Whitehall’s discretion. Compare this with the Scott inquiry into the Iraqi supergun affair. It also covered issues of incredible sensitivity in terms of national security, international relations, intelligence agency involvement, judicial propriety and ministerial decision making. Sir Richard Scott was allowed to decide himself what he would release into the public domain, unfettered by Whitehall. By contrast, Sir John Chilcot, who is a past Northern Ireland Office permanent secretary, who chaired an incredibly sensitive inquiry into intercept evidence, and who is considered a responsible keeper of Government secrets, is tied up in protocols, subject to the whim of Whitehall.

We know there have been long negotiations between the inquiry and Sir Jeremy Heywood, the Cabinet Secretary, and his predecessors over the disclosure of some material, most notably correspondence between ex-Prime Minister Tony Blair and George W. Bush. There is no point whatsoever in the inquiry if it cannot publish the documents that show how the decision to go to war was arrived at. Chilcot himself wrote in a letter to the Cabinet Secretary:

“The question when and how the prime minister made commitments to the US about the UK's involvement in military action in Iraq and subsequent decisions on the UK's continuing involvement, is central to its considerations”.

The negotiations between Chilcot and Jeremy Heywood concluded only in May last year, when it was announced that an agreement had been reached. The process was clearly frustrating for the inquiry: Sir John Chilcot queries why it was that

“individuals may disclose privileged information (without sanction) whilst a committee of privy counsellors established by a former prime minister to review the issues, cannot”.

He was of course referring to Alastair Campbell and Jonathan Powell’s respective diaries, which quoted such information. Sir John stated in his letter that documents

“vital to the public understanding of the inquiry's conclusions”

were being suppressed by Whitehall. That is ridiculous. If that is the approach taken, nothing will be learned and there is little purpose in the inquiry.

The inquiry protocols are symptomatic of a mindset that seems to assume that serving civil servants are the only proper guardians of the public interest. That leads me to a particular problem: if a Minister is asked to make a decision that affects him, his family, his property or even his constituency, he is required to withdraw—in the jargon, to recuse himself—from the decision and have somebody else make it. That does not say that the Minister is corrupt; it simply means that one can avoid the appearance of corruption and any chance of an improper decision, and it removes the risk of unconscious bias. It is a proper procedure. No such rule applies for civil servants.

This inquiry process is littered with people who were central to the very decisions the inquiry is investigating. Sir Jeremy Heywood was principal private secretary to Tony Blair for the entire period, from the 9/11 atrocity through to the first stage of the Gulf war, yet he is Whitehall’s gatekeeper for what can and cannot be published. Even the head of the inquiry secretariat, Margaret Aldred, was deputy head of the foreign and defence policy secretariat and therefore responsible for providing Ministers with advice on defence and policy matters on Iraq, and she was nominated to the inquiry by the Cabinet Secretary of the day.

All of that would matter less if the ridiculous restrictive protocols that Whitehall has imposed on the Chilcot inquiry were not there. Like Scott, Sir John Chilcot should be allowed to publish what he thinks is in the public interest, and not what Whitehall thinks is acceptable.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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Will my right hon. Friend allow me to intervene?

David Davis Portrait Mr Davis
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If my hon. Friend will forgive me—

Bernard Jenkin Portrait Mr Jenkin
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I want to intervene on this—

David Davis Portrait Mr Davis
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I know, but I am making progress.

Bernard Jenkin Portrait Mr Jenkin
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Will my right hon. Friend give way?

David Davis Portrait Mr Davis
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No.

To finish my point, if that had been the case, we might well have had the inquiry report already and there would be less public concern about an establishment cover-up.

We also know that the Maxwellisation process is causing some delay. Those due to be criticised in the final report are being allowed lengthy legal consultation. Although this is a necessary part of the process, strict time controls are needed. It cannot be right that those who are to be criticised can delay publication for their own benefit.

Finally, let me deal with the question of preventing publication during the run-up to the general election. Purdah periods exist for a simple reason: to prevent Governments from using their power to publish information that would give them electoral advantage. They are not to prevent impartial information from being put in the public domain—[Hon. Members: “Hear, hear”]—so why delay a deliberately impartial report of vital interest to the nation just because the election is pending? It is nonsense. I say to those who are cheering that, frankly, it is not clear that there will be much political advantage anywhere. It was started by a Labour Government, but it was supported by the current Prime Minister, who spoke in favour of it even as late as 2006; the current Labour leader did not vote for it because he was not in the House. There is complete confusion about where there could be any advantage, but the public interest should trump any interest of party advantage and that is why publication should not be delayed by the election.

The Iraq inquiry has been a missed opportunity. Terrible mistakes were made but, fatally, we have so far failed to learn our proper lessons from them. Douglas Hurd, the former Foreign Secretary and in no way an anti-establishment figure, has branded the endless delays a “scandal”. He is right. It is a disgrace. It is an insult to those who died on our behalf in that war and a betrayal of the people they died to protect. That is why I ask the House to pass the motion today.

None Portrait Several hon. Members
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rose

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Keith Simpson Portrait Mr Keith Simpson (Broadland) (Con)
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I congratulate my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and other hon. Members on bringing forward this debate. There is no doubt that pressure in this House and the other place—I also had a small debate in October in Westminster Hall on the Chilcot inquiry—was undoubtedly one of the reasons why Sir John Chilcot wrote to the Prime Minister. He realised that a large head of parliamentary steam was building, wanting to know the facts.

Sadly, I have concluded that whatever Sir John Chilcot’s inquiry finally says, there will be a considerable body of opinion in this country who—unless he actually names individuals and says they were guilty of duplicity and treason—will dismiss it as a whitewash. As several hon. Members have already said, this is now a matter of history. This is more like an official history than an inquiry, for many reasons. It was the right hon. Member for Blackburn (Mr Straw) who put his finger on it, and it is at the heart of what we are debating today. When such a momentous series of decisions is made, and the Government are reluctant to investigate it, although there is political pressure to do so, should we go for the short, quick inquiry, which may not be able to look at all the evidence but will probably have a good, broad picture of what happened, or do we go for a long inquiry that tries as much possible to question everybody and to get as much information as possible? With the best will in the world, the latter will take several years—although possibly not as long as this inquiry has taken.

I declare an interest as a military historian. With the best will in the world it is no good trying to compare this inquiry, under these circumstances, with perhaps the Crimean war or Mesopotamia for example. It is the equivalent of a decision at the end of the second world war to have an inquiry into British foreign policy in the 1930s—an inquiry on appeasement. It would be just as difficult. There is no doubt—I accept the point made by the hon. Member for Bradford West (George Galloway); it is a pity it is such a thin House—about the emotions that have developed here in this House to try to reach some form of agreement about what should happen, but we are here today to debate the timing of this report.

David Davis Portrait Mr David Davis
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My hon. Friend will have noted that I deliberately avoided the Crimea, Dardanelles and other examples. The example I did cite was the Israeli Winograd inquiry, which was equally controversial and very sensitive. That inquiry was brought out, during the tenure of the Prime Minister involved, within seven and 17 months. Surely that is possible?

Keith Simpson Portrait Mr Simpson
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I agree with my hon. Friend, but the other factor, which has been touched on by a number of hon. Friends and colleagues, is that this is not a stand-alone British inquiry. We were the junior partner in an alliance with the United States of America. That lies at the heart of the Iraq inquiry. I would like to emphasise—I have discussed this with a number of hon. Friends and colleagues—that the Iraq inquiry is only act one of a two-act play. The second act is, of course, Afghanistan, and one feeds into the other. This is obviously a much broader subject, but we need to bear it in mind.

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David Davis Portrait Mr David Davis
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This has been an excellent debate, with cogent and well informed arguments delivered with both passion and forensic skill. There have been divisions between Members, of course, but virtually everybody in the House agrees that six years is too long and that the report should have been published some time ago. Although some think it is too late to hold people to account for what happened, it is not too late to learn. I believe that everybody agrees we should get this thing published as soon as possible.

Next week, the Foreign Affairs Committee will meet Sir John, I think largely as a result of this debate being called, and will ask him for the reasons for the delays and for a timetable. I hope that he will be able to provide that. Part of the aim is to put pressure on him for a very fast delivery of the report. The reason is simple—the Iraq war was a disaster, and we need to understand why, simply so that we can make sure it never, ever happens again. To that end, I ask the House to support the motion.

Question put and agreed to.

Resolved,

That this House regrets that the Iraq Inquiry has decided to defer publication of its report until after 7 May 2015; and calls on the Inquiry to publish a timetable for publication and an explanation of the causes of the delay by 12 February 2015.