Iraq inquiry: legal process was 'lamentable'
Updated on 26 January 2010
Britain's decision to go to war in Iraq was illegal, two of the country's most senior law officials have claimed, in an explosive day at the inquiry into the conflict.
Elizabeth Wilmshurst, who resigned on principle on the eve of war, was applauded as she condemned the "lamentable" process around which the legal advice was given.
And Sir Michael Wood challenged Jack Straw's version of events - saying he'd rejected his advice against military action.
Ms Wilmshurst said the entire Foreign Office legal team believed it would be a "nightmare scenario" if the invasion began before a second UN security council resolution was obtained and she resigned from her post as deputy to senior legal adviser Sir Michael Wood on 18 March 2003, two days before British and American troops entered the country.
Sir Michael had earlier told the Inquiry he considered quitting too but decided to carry on.
Ms Wilsmhurst said: "All the lawyers dealing with the matter in the Foreign Office were entirely of one view.
"We were talking about a massive invasion of another country, a change in the government of that country, and in those circumstances it did seem to me that we ought to follow the safest route but it was clear that the Attorney General was not going to stand in the way of the Government."
Ms Wilmshurst also criticised the Government's decision to put off asking Lord Goldsmith for his formal legal opinion on the war until as late as possible.
She said: "It was clearly far from satisfactory. It seemed to have been left right until the end, the request to him for his formal opinion, as if it was simply an impediment that had to be got over before the policy could be implemented.
"Probably a lesson to be learned is that if the law officer's advice needs to be obtained, then it should be obtained before the deployment of substantial forces.
"For the attorney to have advised that the conflict would have been unlawful without a second resolution would have been very difficult at that stage, I would have thought handing Saddam Hussein a massive public relations advantage.
"It was extraordinary, frankly, to leave asking him so late in the day.
"I think the process that was followed in this case was lamentable, and there should have been greater transparency within Government about the evolving legal advice so that it was not left entirely to the attorney general right at the end to have to say."
