Dominic Grieve
Main Page: Dominic Grieve (Independent - Beaconsfield)Department Debates - View all Dominic Grieve's debates with the Cabinet Office
(9 years, 9 months ago)
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Mr Dominic Grieve (Beaconsfield) (Con)
It is always a pleasure to follow the hon. Member for Bradford West (George Galloway), who made a very powerful speech. He touched on some really serious and important issues surrounding the process of making the decisions on which we went to war in 2003. I hope that he will forgive me if I do not follow him on that, but concentrate on one or two discrete matters on which I may be able to help the House.
I find the current delay in the publication of the Chilcot report very regrettable. The mere fact that we are having this debate highlights the growing public unease about how the inquiry has been conducted and how the report has been handled. Almost inevitably, that will have the knock-on consequence of reducing trust in its conclusions.
The irony is that everything I saw in my time in government—limited as it was—suggests that Sir John Chilcot has been trying to produce an extremely thorough report and, indeed, that he is leaving no stone unturned, even at the cost of embarrassing those who may be criticised. It troubles me even more to see a process that I certainly do not think will prove to be meaningless undermined by a delay that is in no one’s interest.
I am quite satisfied from my time in government that my ministerial colleagues in the Government have no role at all to play in the inquiry, and are not in a position to influence its progress. Suggestions that there may be some political motivation either for them or, for that matter, for witnesses who have given evidence to the inquiry are completely without foundation.
The difficulty that seems to me to have arisen is the lack of explanation of why the delays have accumulated. As my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said, it was made quite clear at the outset that there was a timetable on which the inquiry was designed to run. It is also quite clear that that timetable has not been followed.
It has been suggested—rightly, from what I know of the matter—that a lot of the delays following the conclusion of the evidence sessions relate to what documentation can or cannot be published. Before it is said that that may somehow be suspicious, let me say that it was probably inherent in the inquiry that the documentation would cause difficulties. Conspiracy theorists might say that the documents are not being published because they will give rise to embarrassment, but I have very little doubt that issues of national security and of international relations will arise in relation to some of them, and those issues cannot be lightly brushed to one side. Sir John has undoubtedly had to wrestle with that matter.
I can only give the House an impression, but my impression when I left office was that such problems had been resolved. Of course, I may have been mistaken, but it was certainly my understanding by early 2014—indeed, this was suggested by facts communicated publicly—that the inquiry could move on to the Maxwellisation process.
As so often happens in government, there has perhaps been a tendency for Sir Humphrey-isms to creep in. I noted with amusement that when, on 8 September 2014, Sir Jeremy Heywood was questioned at a one-off session by the House of Commons Public Administration Committee, he said:
“There has been a delay of sorts as we processed tens of thousands of requests for declassification of very complicated and sensitive documents. I don’t think that has held up the inquiry. It is a very difficult thing. The controversy around this continues today. It is very important that the whole story is told.”
As I have already said, I have no doubt—this is my impression—that Sir John Chilcot’s wishes the whole story to be told, but the fact remains that there is an internal contradiction in Sir Jeremy Heywood’s statement. If the processing of “tens of thousands” of requests was complicated and has caused “a delay of sorts”, I do not see how that cannot have been one of the factors holding up the inquiry. I would have thought that that was capable of clarification.
The issue that has caused me most concern—it is why I supported and signed the original motion—relates to what has happened since last year. My understanding was that it would have been possible, despite the delays, for the matter to be concluded by the end of 2012. That was my impression, which is all I can call it, when I was in government. I therefore find it strange, in almost February 2015, to find from what others have said that the Maxwellisation process is going so very slowly. I would have hoped that it could be resolved earlier.
Steve Baker (Wycombe) (Con)
I know that my right hon. and learned Friend’s remarks will be closely followed outside the House. For those not familiar with the term, will he confirm that Maxwellisation is the opportunity given to people who are going to be criticised in a report to defend themselves before it is published?
Mr Grieve
Yes, my hon. Friend is right. Maxwellisation provides people with the opportunity to respond to passages in a report that relate to them. In such circumstances, a reasonable period needs to be allowed for the process.
The point made by the right hon. Member for Blackburn (Mr Straw) is valid: if it is many years since a witness gave their evidence, it will take them longer to consider their response than if the process occurs a few weeks afterwards. However, I would still hope that a period of a few months was sufficient to conclude the process. That was why I was surprised, first, that the report was not published at the end of 2012 and, secondly—I must say that I am even more troubled by this—that we will not get it before the next general election.
Mr Jenkin
I will commit the sin of asking a question in the House to which I do not know the answer. Why is it called Maxwellisation? We used to talk about Salmon letters.? Is this process different or more protracted, and is it an opportunity for lawyers to extend the process for which they are paid?
Mr Grieve
The terms mean one and the same thing. As with so many descriptions used in government, there is no difference between them. They started out as Salmon letters, but since Mr Maxwell’s experience the process has been described as Maxwellisation. I am sure that either term can be used.
Is Maxwellisation an opportunity for lawyers to crawl over the report? I hope not. At the end of the day, it gives the person going to be criticised an opportunity to explain whether they agree or disagree with the criticisms, and in the light of any representations made it gives the inquiry members an opportunity to think about whether they wish to change their conclusions.
I must say, however, that the report is not ultimately holy writ. It will obviously have a marked effect, but it is the opinion of the inquiry. As long as the opinion has been arrived at reasonably and the process has been fair, the inquiry has to go ahead and produce its conclusions. Disagreements should not therefore lead to endless ping-pong. At some point, the inquiry has to come to a conclusion about whether or not it wishes to accept a representation. That is why I would not expect a Maxwellisation process to go on endlessly.
What has made me anxious is my impression that the Maxwellisation process seems hardly to have begun in many cases. For me, that raises these questions: has a further problem over the documentation led to the delays or has some other phenomenon crept in and caused the delays, and why has the Maxwellisation process taken so long to commence?
Mr Jenkin
As the inquiry is not a judicial one, do its findings have the legal immunity required to protect the authors of the report from judicial proceedings if they publish something defamatory or deeply unfair? Is that part of the reason why the process is taking longer?
Mr Grieve
I can see where my hon. Friend is coming from, but his question goes into the realms of speculation. On the face of it, if the inquiry, which has been properly set up and conducted, makes a report—a Privy Council report—to Parliament, I do not see why such an issue should arise. My concern is to get an explanation.
Mr Jim Cunningham (Coventry South) (Lab)
In 2012, the right hon. and learned Gentleman was in government and he had the impression that the inquiry would report at that time. He was still in government after 2012. What impression did he have then about the delays?
Mr Grieve
No, I should not. I am mindful of my responsibilities and I want to help the House as much as I can.
I simply make two points to the hon. Member for Coventry South (Mr Cunningham). First, I saw nothing in my time in government to suggest that Sir John Chilcot is not trying to be absolutely thorough or that he is being diverted from his conclusions in any way by external pressures from anyone. Secondly, it is quite clear, because it is public knowledge, that after 2011 there was a substantial difficulty over the documentation because of its nature. That was an inherent difficulty and I would not read into it any conspiracy theories or adverse view whatsoever—it just had to be resolved. The point that I am making is that it was my impression at the time I left office that, despite those difficulties, it ought to have been possible to publish the inquiry by the end of last year. Therefore, the further delay causes me concern.
I am pleased to hear that my right hon. Friend the Member for Croydon South (Sir Richard Ottaway) will have Sir John Chilcot in front of him next week, because that will provide an opportunity for the clarification that is needed to restore public confidence in the way in which the inquiry is being conducted. For the reasons that I have set out, it really is in the public interest that there should be public confidence in the process. The public are entitled to have the conclusions on something that was done—I am the first to admit this, having voted in 2003 for military action—on a series of flawed premises.
Mr Simpson
No, I do not. I have to say, with the greatest respect to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), the former Attorney-General, that my heart sinks every time I hear we are going to have lawyer-led inquiries. Ironically, despite the suspicion that it would be a cover-up, I actually think it is a great pity that we cannot have a parliamentary-led inquiry. There is enough talent in both Houses—experienced men and women—for Parliament to elect a person to chair such an inquiry and for the resources to be allocated. I would like to see that. That does not get around the length of timetable.
Mr Simpson
I, of course, accept that from my right hon. and learned Friend. In my opinion, it is a great pity he is no longer Attorney-General—[Hon. Members: “Hear, hear.”]—but that is above my pay scale, as they say.
How can we help my hon. Friend the Member for Penrith and The Border (Rory Stewart), the Chair of the Foreign Affairs Committee, in his approach towards questioning Sir John Chilcot? One way around the problem is to suggest to Sir John Chilcot—other colleagues have touched on this—that he puts into the public domain, when he publishes his report, a lot of the correspondence and communications that went on between his inquiry, the Cabinet Office and various other organisations. My experience as a military historian is that when the official histories were published on the first and second world wars, they were interesting, but it was not until 30 years later that we were actually able to see the correspondence between official historians, individual commanders and others. We could then see how at times the official historians stood up to pressure, but how at other times things were massaged. I would be particularly interested to see the e-mails, correspondence and telephone conversations between Margaret Aldred, who ran the secretariat, Sir Jeremy Heywood and perhaps members of the Cabinet Office. That may be beyond his remit.
My final point is that we are where we are. When Sir John Chilcot publishes his inquiry, he will have a press conference. I assume that the Prime Minister of the day will make a statement, with questions and answers, but it is very important indeed that we have a full debate in both Houses, not immediately or on the next day, but within about three or four days. A report consisting of 1 million words will be a lot for us to consider. I do not blame Sir John Chilcot. I am not a man who sees a great conspiracy behind this, but I believe in transparency. It is about not just learning lessons, but trying to establish the truth.