The Report of the Iraq Inquiry
464. Lord Goldsmith added:
“In the light of the latest reporting by UNMOVIC, you will need to consider extremely carefully whether the evidence of non‑co-operation and non‑compliance by Iraq is sufficiently compelling to justify the conclusion that Iraq has failed to take its final opportunity.”
465. Mr Straw, Mr Hoon, Dr John Reid (Minister without Portfolio and Labour Party Chair) and the Chiefs of Staff had all seen Lord Goldsmith’s advice of 7 March before the No.10 meeting on 11 March, but it is not clear how and when it reached them.
466. Other Ministers whose responsibilities were directly engaged, including Mr Gordon Brown (Chancellor of the Exchequer) and Ms Short, and their senior officials, did not see the advice.
Lord Goldsmith’s arrival at a “better view”
467. At the meeting on 11 March, Mr Blair stated that Lord Goldsmith’s “advice made it clear that a reasonable case could be made” that resolution 1441 was “capable of reviving” the authorisation of resolution 678, “although of course a second resolution would be preferable”. There was concern, however, that the advice did not offer a clear indication that military action would be lawful.
468. Lord Goldsmith was asked, after the meeting, by Adm Boyce on behalf of the Armed Forces, and by the Treasury Solicitor, Ms Juliet Wheldon, in respect of the Civil Service, to give a clear‑cut answer on whether military action would be lawful rather than unlawful.
469. On 12 March, Mr Blair and Mr Straw reached the view that there was no chance of securing a majority in the Security Council in support of the draft resolution of 7 March and there was a risk of one or more vetoes if the resolution was put to a vote.
470. There is no evidence to indicate that Lord Goldsmith was informed of their conclusion.
471. Lord Goldsmith concluded on 13 March that, on balance, the “better view” was that the conditions for the operation of the revival argument were met in this case, meaning that there was a lawful basis for the use of force without a further resolution beyond resolution 1441.
The exchange of letters on 14 and 15 March 2003
472. Mr David Brummell (Legal Secretary to the Law Officers) wrote to Mr Matthew Rycroft (Mr Blair’s Private Secretary for Foreign Affairs) on 14 March:
“It is an essential part of the legal basis for military action without a further resolution of the Security Council that there is strong evidence that Iraq has failed to comply
