Iraq Inquiry

Norman Baker Excerpts

Thursday 29th January 2015 Commons Chamber

[Sir Richard Ottaway (Croydon South) (Con)]

It is a pleasure to follow the right hon. Member for Blackburn (Mr Straw). He and I have sparred over this issue for the best part of a decade, but I welcome the clarity of his remarks. I congratulate my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) on securing the debate. On his very last point about political advantage, I could not agree with him more. This was a political decision, and when can the public pass comment and judgment on a public decision but at a general election? So it would be entirely appropriate if the report was ready for publication in the next few months.

On 18 March 2003, Tony Blair, the Prime Minister, stood at the Dispatch Box and looked Parliament and the nation in the eye and said that the security of the western world was threatened. He was not my party leader, but he was my Prime Minister, and I reached the conclusion, while I was sitting in the Chamber on the Opposition Benches, that it would be irresponsible not to accept his warning and his advice. The question I have asked myself ever since was whether that was the right decision. Twelve years later, we still do not have a definitive answer, and in truth I have regretted that decision that I made to support the Prime Minister, in the absence of clear evidence, ever since.

There have been no fewer than four inquiries into this subject during my time in Parliament. None of them has taken more than six months. The first was conducted by the Foreign Affairs Committee, of which I was a member, and resulted in a split decision. The key passages of the report were carried on the casting vote of the Chairman, but I did not agree with its conclusion that the action taken was justified by the information available at the time. That inquiry was triggered by a report on the “Today” programme by Mr Andrew Gilligan, who said that he had evidence that the case for war had been “sexed up”. That led to war between No. 10 and the BBC, largely provoked by Alastair Campbell. It led to the resignation of the director-general, Greg Dyke, and the chairman, Gavyn Davies.

During that inquiry, the Government put up Dr David Kelly to give evidence to the Committee. It was done by a devious process and eventually the media managed to ascertain the name of Dr Kelly. It was an unfathomable tragedy for him and his family, and the mystery to this day is why the Government put him up to give evidence in the first place. During his evidence he denied that he said to Andrew Gilligan the words that were quoted, but more critically, he had given a briefing to Susan Watts of “Newsnight”, and “Newsnight” published the quotation that he had given to it. When questioned by myself and David—now Lord—Chidgey as to whether he had said those words, Dr Kelly denied saying them. In fact, the BBC had recorded the conversation, and it is believed that he died on the day that he discovered this and was about to be outed as having misled the Committee.

That led to the second inquiry, the inquest conducted by Lord Hutton, which concluded that Dr Kelly took his own life.

[Norman Baker (Lewes) (LD)]

Will the right hon. Gentleman give way?

[Sir Richard Ottaway]

I will not give way to the right hon. Gentleman because I know exactly what he has to say and I will let him give his conspiratorial twaddle to the House in his own time, rather than mine. [Interruption.] I am sure he will let the House know shortly.

In the inquest conducted by Lord Hutton, he concluded that Dr Kelly took his own life. Although the case for war may have been exaggerated, he concluded that it was not “sexed up” in the sense that it contained false or unreliable intelligence. But the evidence that came out during that hearing was that the weapons of mass destruction that we had invaded Iraq to remove were, in fact, small-calibre shells and battlefield weapons—in other words, they were defensive weapons, not offensive weapons that would threaten the security of the western world.

When the report was published and we had the debate in the House on the Hutton inquiry, I intervened on Tony Blair and asked him if he knew that information on the day that we voted to go to war, and if not, why he had not told the House that. He replied that he did not know. So the question is, how could we be going to war when the Prime Minister of the day, who made the decision to go to war, was not properly briefed about the threat that we faced? I, the House and the nation want to know the answer to that. We expect that the Chilcot inquiry will provide the answers.

That the threat was only battlefield weapons was confirmed by the third inquiry, which was conducted by the Intelligence and Security Committee in 2003. It made no judgment on the rights or wrongs of the case for war, but it looked at the use of intelligence and it accepted that there had been convincing intelligence that Iraq had weapons of mass destruction programmes. That has subsequently been established to be manifestly wrong, so why was that information there? Again, we want the Chilcot inquiry and the Iraq inquiry to provide the answer.

The Intelligence and Security Committee inquiry led to the fourth inquiry—the Butler inquiry of 2004, which was a continuation of the ISC inquiry. Two members of the Intelligence and Security Committee sat on the Butler inquiry, together with Lord Butler, the chairman, who is now a member of the ISC, and Field Marshal Inge, who gave military advice to the committee. The final member was Sir John Chilcot. This was by far the most in-depth inquiry and looked at the many issues that had surfaced. It concluded that the 45-minute claim should not have been made in the way that it was. But—and it is an absolutely critical but—the inquiry still had not had full access to all the information, and questions remained. Those questions continue to reverberate. Eventually the Chilcot inquiry was established, and Chilcot had the great advantage that he was at least briefed when he started.

I feel that I have only scraped the surface of the high number of unanswered questions. I appreciate the enormity of the task faced by the Iraq inquiry. It has had to deal with former President Bush’s office, the security services, the Cabinet Office, Tony Blair’s office and the offices of the witnesses. It has had to cope with hundreds of hours of oral evidence and thousands of pages of written evidence. There has been personal illness on the committee. The committee has my sympathy, but six years? The prediction at the time, as has just been said, was that it would take two years. The Franks inquiry took six months and the issue in 2009, as has been said, was whether the Iraq inquiry’s report would be ready by the 2010 election. My only regret is that when it is published, I will not be here to debate fully the issues that have been raised.

--- Later in debate ---

[Norman Baker (Lewes) (LD)]

I thank the Backbench Business Committee for facilitating this debate in my name and those of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and my hon. Friend the Member for Leeds North West (Greg Mulholland), who for personal reasons is not here today. I regret that we are debating the non-publication of the report rather than the report itself—a report that, as others have said, the previous Prime Minister, no doubt in good faith, indicated in 2009 should be published within a year. We still have no date for publication. Last week’s letter from Sir John Chilcot to the Prime Minister talked about taking “further months”—a phrase I think was also used in 2011. It is crucial that we have a time scale, which we do not have now.

It is a great disappointment to me and an insult to the British people that the report is not to be published before the general election. I am grateful that the Foreign Affairs Committee is to question Sir John Chilcot on 4 February. We do not know the reasons for the delay in publication, although some have been suggested today. One speaker suggested that there has been a shortage of staff, in which case, I suggest, Sir John Chilcot might have drawn that to people’s attention rather earlier, to get more resources. We have also heard about the Blair-Bush material—he says that that is now completed—and the Maxwellisation process, although we are not clear how far that has got.

May I ask the Foreign Affairs Committee to address these questions when it has Sir John Chilcot before it next week? How many people have been sent information to which they have been invited to respond? I am not asking for names, simply numbers. When did they receive the letter from the inquiry? What deadline was set for a response? There is some suggestion in the media that Maxwellees, if I can call them that, have sought expensive legal advice. Is any such person having his or her legal costs met from public funds? I think we ought to know that. Maxwellees have been given full access to the original documents or evidence used to support the criticism, and that is quite right, but we need to be clear whether their lawyers have been given the same access. I imagine they have been, if they are defending those individuals, in which case, have they been subject to clearance vetting for the material they see? Those all seem to me to be relevant questions.

Sir John Chilcot must have known of the desire of Members of Parliament to have the report published in good order, and of its importance. That is a point that many Members have made to Sir John, both publicly and privately. I made it to him when I saw him personally shortly after his inquiry was set up, and I reiterated it in a letter to him of 25 April 2014, which in turn followed an article in the Daily Mail the day before that suggested that a delay might take it past the general election. Why was no action taken at that point to ensure that the process could be speeded up, a whole year out, notwithstanding the other delays that have been referred to across the House this afternoon?

It is clear that Sir John Chilcot is totally independent—that is absolutely right—but we have a right to a statement from him next week on the process as to why the report is taking so long and a deadline for his action, which is one reason why I urge hon. Members to support the motion today.

The report is important because in the period 2002-03 the normal processes of Government were bypassed, the normal safeguards were trampled over, and a case was made for war that I believe the then Prime Minister knew to be false. We have talked about sofa government; that is exactly what happened at the time. I did not vote for the war, but other hon. Members did, believing that they should support the Prime Minister of the day when he had given such a clear undertaking that there was a problem. They feel betrayed by that process, as do our British servicemen and their families as a consequence of that war.

In September 2002 the Prime Minister told the House that the dossier—the famous dodgy dossier that was referred to earlier—was “extensive, detailed and authoritative”. Lord Butler, in his subsequent and underrated report—in civil service jargonese, but quite useful—called the report “vague and ambiguous”—very different from what the Prime Minister said. But the dossier had one element that the press were actively encouraged to cover—the 45-minute claim. So we had headlines in The Sun, saying “Brits 45 mins from doom”, and in the Evening Standard, “45 mins from attack”. What utter nonsense. There was no basis for that whatsoever. It was known by those in government—I include the right hon. Member for Blackburn (Mr Straw), for whom I also have time—that if it was accurate in any sense, it related to battlefield munitions, not long-range weapons. Robin Cook raised those matters with the Prime Minister and others in government at the time, as he says in his diaries. The 45-minute claim was clearly bogus, yet it was allowed to be the headline, without correction. The then Defence Secretary, Geoff Hoon, when asked about this in the Hutton inquiry, refused to correct it and said it was not his business to correct what newspapers said that was not accurate.

How did this happen? We know that it happened because the Prime Minister of the day asked Alastair Campbell to chair meetings overseeing the production of the dossier. How can it be right that a political special adviser is asked to oversee intelligence information and is able to change the details of that intelligence information in the report? Alastair Campbell suggested 13 changes, 10 to strengthen language and three stylistic. These are not simply minor matters. The dossier, when it came to Alastair Campbell, said:

“The Iraqi military may be able to deploy chemical and biological weapons within 45 minutes of an order to do so.”

He changed “may be” to “are”, and John Scarlett agreed with that alteration, which he should not have done either. Yet Alastair Campbell told Lord Hutton that he had no influence “whatsoever”—that is his word—on the words in the dossier. Hans Blix subsequently said that question marks in the dossier had been replaced by exclamation marks.

The second dossier, in February 2003, entitled “Iraq: Its Infrastructure of Concealment, Deception and Intimidation”, was copied, as has been said, from an article in the Middle East Review of International Affairs, and not even copied very well. It refers to the 1991 Gulf war, in any case. What a disgrace that that should have been put out in the Government’s name at the time.

Lastly, there is the Matthew Rycroft memo from July 2002, which subsequently appeared in the papers before 2005. That included an assessment from the head of MI6 at the time, Sir Richard Dearlove, of his recent visit to Washington. He was reported as saying:

“C reported on his recent talks from Washington…Military action was now seen as inevitable. Bush wanted to remove Saddam through military action…but the intelligence and facts were being fixed around the policy.”

That is what was said in 2002. In April 2002, Tony Blair, giving a speech to the George Bush Senior presidential library in Crawford, Texas, said:

“we must be prepared to act where terrorism or weapons of mass destruction threaten us…if necessary…it should involve regime change.”

There can be no question but that this was all ramped up in order to get the House of Commons to agree to a war that had no justification whatsoever, and that the Prime Minister was party to that, as were others in government at the time, who were clearly very serious.

The events of 2002 are important in themselves and also highly relevant to today. Processes were abandoned. One process that was abandoned—I tried to intervene on the right hon. Member for Croydon South (Sir Richard Ottaway), who would not give way—was the so-called inquest on David Kelly. The right hon. Gentleman called it an inquest. It was not an inquest; it was a non-statutory inquiry under Lord Hutton. The inquest was stopped by Government Ministers, who took the coroner off the case. What a schoolboy error from the right hon. Gentleman. I am sorry to say that if he is going to throw insults at people, he should at least get his facts right when he does so.

[Mr Jenkin]

Will the right hon. Gentleman give way?

[Norman Baker]

I had better not. I am sorry.

Normal processes were abandoned. We need to know what happened so that we can stop it happening again.

[Lisa Nandy (Wigan) (Lab)]

I thank the Backbench Business Committee and the right hon. Member for Haltemprice and Howden (Mr Davis) for bringing this important debate to the Floor of the House. The discussion has been wide-ranging and I have listened with interest to Members in all parts of the House who have expressed many different views both about the decision to go to war in Iraq and about the decision to set up the inquiry and the way that it was established. Most of all, what unites all those contributions is concern about the length of time that it has taken for the inquiry to report. The delay is deeply frustrating. When the inquiry was announced in June 2009, it was never anticipated that in 2015 we would still be awaiting its publication.

In 2001 Sir John Chilcot said that it would take “some months” to deliver the report, given the complexity of the issues, the nine-year period that the report covers and the sensitivity of some of the information that it looked at. We accept that there is a balance to be struck between the need to be thorough and the need to remain relevant, but when the inquiry was announced it was expected to be published within a year. The right hon. and learned Member for Beaconsfield (Mr Grieve) spoke compellingly about the subsequent delays, why they may have occurred and what that has meant for the inquiry.

We are keen for the report to be published as soon as possible, but the inquiry was established on an independent basis and we believe still that it would be wrong for the timing to be influenced by political parties. That in no way lessens the potential seriousness of the delay in publication. All of us are, or should be, acutely aware of the impact on the families affected by the Iraq war—179 British servicemen and women lost their lives and many others were injured, and we should remember, too, the thousands of Iraqi families who will be watching these events unfold. I know from my own experience of working with some of the families affected by Hillsborough just what a heavy price families pay for such delays.

Many of the questions that surfaced during the debate are questions for the inquiry. It is right to acknowledge that the reasons for the delay have not yet been made clear. When Sir John Chilcot appears before the Foreign Affairs Committee next week, I hope he will be able to provide some of the answers that Parliament and the public seek. Questions have been raised about the role of the Labour Government in setting up the inquiry, and I want to deal with the accusation that Labour voted against establishing an inquiry and in doing so caused unnecessary delay.

It is fundamentally untrue to suggest that Labour was opposed to establishing an inquiry into Iraq. It was the Labour party that established the Chilcot inquiry, and Labour MPs voted against initiating an inquiry on the basis only that there were still troops on the ground, and that it would have been wrong to undermine their role and potentially jeopardise their security. This was also the position advanced by the shadow Foreign Secretary at the time on behalf of the Conservative Opposition. In 2006 the shadow Foreign Secretary said that the Opposition

“do not believe that such an inquiry should be established now. As the Foreign Secretary said, important operations are under way in Iraq. Major political decisions in Iraq and efforts to contain the insurgency appear to be in the balance.”—[Official Report, 31 October 2006; Vol. 451, c. 183.]

It is important to remember, too, that the scale and the breadth of this inquiry are unprecedented. It was established with such a wide remit to ensure that the full story was told. Given the numbers of people who lost their lives or were affected by this conflict, it was essential that the inquiry had broad parameters and commanded the confidence of families.

[Norman Baker]

Does the hon. Lady not accept that the inquiry could have begun and taken evidence while troops were still committed but not published until after the troops had come home?

[Lisa Nandy]

Looking back in Hansard at the debates of the time, we can see that many Members in all parts of the House felt very strongly that to do so would have undermined the role of the troops.

My hon. Friend the Member for Islington North (Jeremy Corbyn) talked about some of the problems that he sees in the way that the inquiry was set up. As my right hon. Friend the Member for Blackburn (Mr Straw) said, when it reports there will be lessons for all political parties about how we establish such inquiries in future. At the time, the then Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), said:

“No British document and no British witness will be beyond the scope of the inquiry.”—[Official Report, 15 June 2009; Vol. 494, c. 23.]

Some Members have raised concerns about why it was established with evidence heard in private—a decision that was, again, debated at length at the time. As my right hon. Friend the Member for Blackburn said, that potentially provides lessons to guide us in the way we conduct these inquiries in future.

Iraq was one of the most controversial episodes in recent history. It is right to acknowledge that it was a huge moment in this country’s history. It divided Parliament, as we have heard today. It divided my party. As my hon. Friend the Member for Newport West (Paul Flynn) said, 139 Labour Members of Parliament voted against intervention. I worked for one of them at the time, and I am proud still to call him a friend today. The right hon. Member for Sutton Coldfield (Mr Mitchell) talked about how it divided not just his party but his own family. All hon. Members should remember, whichever side of the debate we are on, that it divided the country too. At the time, it did not appear to be black and white to the people or to parliamentarians.

Many of us still hold as strong views now as we did when the war began over a decade ago. The Chilcot report, when it is published, will not remove that controversy. However, as the hon. Member for Perth and North Perthshire (Pete Wishart) said, it should at least be able to answer some key questions about the decision to go to war and how it came about. The inquiry was established to provide a reliable account of events and, crucially, to help to guide foreign policy making in future. Understanding the decision-making process is a question of justice, but, as the hon. Member for Penrith and The Border (Rory Stewart) said, it is also vital for the future of this country.

We must learn the lessons from what happened. In order to do so, we must respect the sovereignty and the autonomy of the inquiry. That is why we say that it is not appropriate for any political party to seek to influence the timing of the report. However, we understand the frustration that has been expressed, on behalf of much of the public, by many Members here today. Those who initiated this debate and have taken part in it have helped to ensure that this report and this important issue are not forgotten, and for that we are extremely grateful.