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Chilcot Inquiry: Lawyers give Sir John 5pm deadline to announce report publication date or warn he'll face legal action

Lawyers are acting on behalf of 29 families of British military personnel who died in Iraq

MICHAEL SEGALOV


Wednesday 26 August 2015



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Lawyers acting for relatives of British soldiers killed in Iraq have given Sir John Chilcot a 5pm deadline to announce when he will publish his report.

Matthew Jury, of McCue and Partners, which is representing 29 families, said they would proceed with legal action if the deadline is missed, but in a statement Sir John simply said that the "Maxwellisation process", which allows those criticised to respond anonymously to issues raised, should be over "shortly".
The delay in publication has been a growing source of frustration for the families as well as David Cameron, who has demanded a timetable for publication be set out "pretty soon".
Sir John has insisted his inquiry, launched under Gordon Brown in 2009, was making "significant progress", but has not set a date for the publication of his findings.
Roger Bacon, whose son Major Matthew Bacon was killed in Iraq in 2005, said he was "disappointed" Sir John Chilcot has not revealed when he will publish the Iraq report, adding: "I'm not sure he is able to understand our anguish."
"If he was in our shoes, he might well take a different view on what is going on. This process of Maxwellisation is just too much. It seems to go on and on and on. The fact he is still waiting for responses means there will be further delays."
It emerged this morning that the long-awaited report looks set to share the blame for Britain's role in the Iraq war among a wider circle of senior figures than expected, according to sources close to the investigation.
Sir John Chilcot and his fellow committee members have shared more than £1.5m in fees since the inquiry began in 2009 (Getty)
Among those who could be facing criticism are Jack Straw, the Foreign Secretary at the time of the invasion; Sir John Scarlett, then Chairman of Cabinet Office Joint Intelligence Committee; Sir Richard Dearlove, then head of MI6; Clare Short, then International Development Secretary and Geoff Hoon, who was Defence Secretary at the time.

Sir John, the chairman of the Iraq Inquiry, today said he understood "the anguish of the families of those who lost their lives in the conflict", but added "it is critically important that the report should be fair".
He spoke out in the wake of sustained criticism in recent weeks over delays to his report with families of soldiers killed in Iraq threatening legal action and Prime Minister David Cameron expressing his frustration.
In his statement, Sir John said: "I should like firstly to reiterate that my colleagues and I understand the anguish of the families of those who lost their lives in the conflict.
"We take the responsibility we were given as an independent inquiry extremely seriously, and understand the need for Government, Parliament and the public to see our report as soon as possible."
But he added: "It is critically important that the report should be fair to all who participated in the conflict and to those who bore the responsibility of taking decisions."
But Sir Stanley Burton, Lord Justice of Appeal between 2008 and 2012, said the risk of a judicial challenge was "exaggerated", as there was no appeal process by which the courts could rule on specific findings.

READ MORE: IRAQ WAR BLAME IS BIGGER THAN BLAIR

Sir John confirmed he had received a letter from lawyers acting for a group of families, stating that "after careful thought, we have responded to the points they raised."
"I don't intend to comment on the substance of that response and such letters are not normally published."
The Independent has approached McCue & Partners, acting on behalf of the families, for a comment.

Quote:

Chilcot inquiry: blame will be spread beyond Blair's inner team, sources say

While former PM will bear brunt of criticism over Iraq war, report is expected to target wider number of people than had been thought





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[/URL] A British soldier in Iraq in 2003. A source said while there would be criticism of military decisions taken after the invasion, more of the criticism would be directed at others involved. Photograph: Giles Penfound/EPARichard Norton-Taylor and Ewen MacAskill
Wednesday 26 August 2015 07.18 BSTLast modified on Wednesday 26 August 201514.07 BST

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Sir John Chilcot is to apportion blame for Britain's role in the Iraq war much more widely than had been expected, going well beyond Tony Blair and his inner team, according to sources involved with his six-year inquiry.
While Blair will bear the brunt of the report's criticism, one source said it would suit the former prime minister to see a wide range of targets blamed when it is published.
It has been assumed that Chilcot would concentrate on Blair and his closest advisers in Downing Street. However, the Guardian understands the inquiry intends to criticise a much bigger circle of ministers and officials, including Jack Straw, foreign secretary at the time of the Iraq invasion in 2003.

David Cameron pushes Chilcot for Iraq report: 'We want this inquiry finished'

Read more



Others in focus are Sir Richard Dearlove, then head of MI6, Sir John Scarlett, chairman of the joint intelligence committee, Geoff Hoon, the defence secretary, Clare Short, the international development secretary, and senior officials in the Ministry of Defence (MoD), the Foreign Office and the Cabinet Office. The inquiry took evidence from about 150 people.

The Chilcot inquiry has come under increased pressure over the last few weeks to publish the report. The inquiry began in 2009, with hearings completed in 2011, but has been beset by repeated delays.
The inquiry team is dismayed about sustained media attacks in the last few weeks over the delay. The media coverage has increased pressure on Chilcot to agree a date for publication. David Cameron also expressed frustration last week over failure to complete the report.
The wide circle of people facing criticism is cited as one of the reasons for the delay. As part of the process, every individual to be criticised is sent draft passages giving them an opportunity to comment. Some of those who have received drafts have expressed surprise, having regarded themselves as peripheral to the events leading up to the invasion.
Chilcot wants to ensure that those criticised are given every opportunity to rebut the criticism. He does not want to give them an excuse to take legal action or attack the inquiry after the final report has been published.
The final report will not include the number of people who have been sent drafts containing criticism. The public may not know to what extent Chilcot has toned down his criticism in response to objections.
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Tony Blair and George W Bush in 2003. Photograph: Stefan Rousseau/PAThe Daily Telegraph reported earlier this month that in response to a freedom of information request, the inquiry said it "does not intend to make public the specific details of timing, content or recipients" of the Maxwellisation process, even after the final report is published.
The Times reported last week that Sir Nicholas Houghton is among those facing criticism for his actions during the Iraq war. But a source close to the inquiry agreed that while there would be criticism of military decisions taken after the invasion, the bulk of the criticism would be directed less towards the military than others involved.
The main focus of the inquiry is on the events leading up to the 2003 invasion, in particular questions of about the legality of military action, faulty intelligence and whether Blair gave an early undertaking to the then US president, George W Bush, to support the US-led invasion.
The British handling of Iraq after the invasion, including its attempts to subdue Basra, is regarded as important but secondary.
Senior military figures told the inquiry they were given insufficient time to prepare for the war for political reasons, mainly because the government did not want to admit that the invasion was almost certain to go ahead.
Military commanders were among the sharpest witnesses to the inquiry, strongly criticising the failures of Whitehall decision makers. They have been prevented by the MoD from publishing their criticisms of the invasion of Iraq and its aftermath.
Admiral Lord Boyce, chief of the defence staff at the time of the invasion, told the inquiry: "I suspect if I asked half the cabinet were we at war, they would not have known what I was talking about. There was a lack of political cohesion at the top."
The Guardian understands the inquiry will avoid judging on this. Although Lord Goldsmith, the then attorney general, described how Blair shut him out of discussions, his critics say the attorney passed the buck to Blair.
The inquiry has already heard that Straw roundly dismissed the unanimous view of the top lawyers in the Foreign Office that an invasion of Iraq would be illegal.
Houghton, chief of the defence staff of the British armed forces, was not directly involved in the events leading up to the invasion. He only became involved in Iraq from 2005 through to 2009.
The inquiry was angry over delays by the Cabinet Office in reaching agreement on publication of some of the Blair-Bush correspondence, which Chilcot has described as key evidence that is "vital to the public understanding of the inquiry's conclusions".
The frontrunner in the race to become the next Labour leader, Jeremy Corbyn, last week partially pre-empted Chilcot's findings, issuing a statement saying he would apologise for the Labour government's decision to go to war.
One of his rivals, Andy Burnham, said he would be open to such an apology but only after the Chilcot report was published and if "apologies need to be made".

Quote:

Clare Short mounts furious attack on Chilcot Inquiry

Sir John Chilcot's inquiry into the Iraq War is as big as 'War and Peace' and will not offer any lessons about what went wrong in Iraq, Clare Short says

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Clare Short at BBC Studios for the Andrew Marr Show in London in March 2014 Photo: Rex Features






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By Steven Swinford, Deputy Political Editor

2:44PM BST 26 Aug 2015
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Clare Short, the former Labour minister, has condemned the Chilcot inquiry as a "very, very poor" piece of work which will fail to uncover what went wrong during the Iraq War.

Ms Short, who has been subject to criticism by the inquiry, said that the report is "as big as War and Peace" and will find that "everyone's to blame [and] no one's to blame".

She accused Sir John's inquiry of "New Labour-type spin" after it emerged that he report will cast blame for Britain's role in the Iraq War far more widely than Tony Blair and his inner team.

It came as Sir John broke his silence and issued a public statement saying that he understands the "anguish" of the families of soldiers killed in Iraq.

Tony Blair during his appearance before the Iraq inquiry Photo: Rex (File)

However, he refused to meet their demands to set a timetable for the publication which means that they are likely to lodge a legal challengewithin weeks.
Ms Short's comments represent the first ime that someone who has been criticised by the review has spoken out.
She told BBC Radio 4's World at One: "I think what might be true is the draft is very poor. It's as big as War and Peace I understand. Lots of people have made serious responses and they are having to redraft. The hope of it being a good piece of work that Britain learns what went wrong and we don't do it again looks very, very poor to me.
"It's not just politicians. The criticisms go right across Whitehall - senior permanent secretaries, everybody. I fear and think this means everyone's to blame, no one's to blame, we won't get a proper diagnosis and it won't be helpful in finding out what went wrong."
The disclosure comes as it emerged on Tuesday night that the report will criticise a far broader range of individuals than previously thought.
Former intelligence chiefs, secretaries of state and senior civil servants will all be singled out for censure when the document is finally released. It had been assumed that Tony Blair and his closest associates would bear the brunt of criticism.
Former head of MI6 Sir Richard Dearlove, defence secretary Geoff Hoon and senior Foreign Office officials are thought to be among a larger group who will be blamed for failings in the UK's prosecution of the Iraq war.

The delay has prompted fury among families, who have mounted a legal challenge and gave Sir John until Wednesday to set out a timetable.
Sir John says in his statement that the Maxwellisation process, under which those criticised will be given a chance to respond, will be completed 'shortly'.
The process has been heavily criticised for giving those criticised too much time to reply while families are left waiting for the final report.
Sir John said that the process is an "essential part" of the inquiry and will help ensure that any conclusions are "soundly based, fair and reasonable".
He also appeared to criticise the government for failing to provide access to "all relevent documents". He said that some "have been received only this year", while others are still being declassified.
Reg Keys, whose son Lance Corporal Tom Keys was killed in Iraq in 2003, said: "If he is not forthcoming today then legal action will follow. The Maxwellisation process needs to be brought to an end, that's final.
"He doesn't grasp the range of emotions and feelings he is dealing with here from bereaved families. The families want to knock on his door and demand an explanation from him directly. He hasn't communicated with me at any stage of this. The least the man can do is speak to the families."
Reg Keys, the father of Lance Corporal Tom Keys who was killed in Iraq Photo: Chris Radburn/PA
Sir John has also written to the lawyers of bereaved soldiers to express his sympathy and to say he understands their frustrations.

Magda Hassan Wrote:What a bunch of unmitigated crap. Does he really believe a single word of that? I find the vast majority of military 'men' complete cowards. The really brave are the ones who refuse to fight the rich man's wars. But most military men are mindless drones and spineless cowards. For god sake they have guns. They should turn them on their COs who throw them into this monstrous bloodbath. All the way to the top. If Tony Bliar had to wear the full consequences of his lying orders he would think far more carefully before asking others to die.

Michael Barwell Wrote:

Magda Hassan Wrote:What a bunch of unmitigated crap. Does he really believe a single word of that? I find the vast majority of military 'men' complete cowards. The really brave are the ones who refuse to fight the rich man's wars. But most military men are mindless drones and spineless cowards. For god sake they have guns. They should turn them on their COs who throw them into this monstrous bloodbath. All the way to the top. If Tony Bliar had to wear the full consequences of his lying orders he would think far more carefully before asking others to die.

(don't mention the 'Bliar', don't mention the 'Bliar', don't mention the 'Bliar',...)
Ooooh. Cynic.
Spike Milligan was a soldier.
Imagine this fella Tim Collins believed every word of it. Loads of ppl thought Saddam was about to hit 'our boys in Akrotiri' in 45minutes for some reason, and everyone thought it highly likely he had loads of bio-chem weaps and was a bit of a sod, even if it was a bit of a Neocon Spring. There was genuine optimism around. No-one outside of the gang thought for 1 moment that there was nothing behind the invasion plans - except securing the Oil Ministry, that is.
And Bear Grylls is nice too.