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Matrix Churchill

3.30 pm

The Attorney-General (Sir Nicholas Lyell) : Madam Speaker, with permission I should like to make a statement on the Matrix Churchill case.

As the House will be aware, counsel for the prosecution in the Matrix Churchill case informed the court yesterday that, in the light of the evidence given by Mr. Alan Clark in cross-examination, he had concluded that it would no longer be right to seek a conviction in the case ; and that the prosecuting authority, the commissioners of Customs and Excise, had accepted that conclusion. Both he and the commissioners were satisfied that during the course of

cross-examination Mr. Clark had given evidence that was inconsistent with a written statement that he had made in 1991 and with what he had said in an interview with an officer of Customs and Excise in September 1992.

The case raises important questions about the operation of export licensing policy in relation to Iraq during the period to which the events related. The Government will therefore ensure that a full and independent inquiry into those events is undertaken by a judge. This will encompass the operations of all relevant departments and agencies. I am glad to tell the House that Lord Justice Scott has agreed to undertake that task. The precise terms of reference will need to be discussed with the judge. It is hoped to make them available to the House later this week. The judge will have access to all relevant papers and will be able to invite evidence from anyone he thinks fit. It will be for him to decide the extent to which he sits in public. His report and evidence will be published except insofar as, in the light of his advice, publication is contrary to the public interest.

The inquiry will be set up and conducted as speedily as possible, having regard to the need not to prejudice any further criminal inquiries or proceedings. On that aspect, I should say that the Commissioners have referred the papers in the case to the Director of Public Prosecutions. Any further action is a matter for them. Finally, it has been alleged that Ministers, by signing public interest immunity certificates, gave orders that departmental papers should be kept from defence lawyers in an attempt at a cover-up. That is a complete misunderstanding of the law in that area and thus a distortion of the truth. It is the law, expressly enunciated by the courts, that Ministers have a duty to claim public interest immunity either in respect of specific documents or recognised classes of document the production of which would in principle be contrary to the public interest. This duty cannot be waived.

Once a proper claim has been made, it is for the court to look at the papers if it thinks fit, to balance the competing public interests and to determine whether the interests of justice in the particular case require disclosure of some or all of the documents in issue. Such a claim must be made irrespective of whether it is embarrassing to the Government either to reveal or to withhold. In this case, it was at the express invitation of prosecuting counsel that the judge looked at all the material before he made his ruling.

Mr. John Morris (Aberavon) : I welcome the judicial inquiry, but I express my concern that it will be limited to policy. Will it include the conduct of Ministers? I am also


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concerned that the judge will be able only to "invite" evidence. Will he be able to summon witnesses and to have them examined on oath?

The signing of public immunity certificates is a matter to be approached with care and not in a cavalier fashion. Will the right hon. and learned Gentleman consider whether the exercise of the signing of these certificates has been approached in a responsible fashion? Is it not astonishing that, in the pursuit of the purported interest of the state, Ministers who signed public immunity certificates were prepared to connive at the sacrifice of the accused men and render them liable to long terms of imprisonment? On what authority was counsel for the Crown able to tell the court that the documents sought to be excluded contained--I quote a report today-- "nothing of assistance to the defence"?

That was not upheld by the court.

Since controversial matters involving defence exports certainly in my time- -I as a Defence Minister had a responsibility for precisely these matters-- were decided by Cabinet Committee, did the four Ministers agree together to issue the certificates? What restrictions were placed on the preparation of the case by Customs and Excise in relation to Government Departments and the intelligence services? Are those matters open to be examined without restriction by the learned Lord justice of appeal?

The Attorney-General : I am grateful to the right hon. and learned Gentleman for his welcome in this matter. I can tell him that the inquiry will not be limited to matters of policy ; it will be able to look into all relevant aspects of the matter, and to invite such witnesses as it thinks fit to appear before it. [ Hon. Members :-- "Invite?"]

The question of public interest immunity certificates was, I believe, looked at with care, but that can be examined by the inquiry if it thinks it appropriate. I have every reason to think that the exercise was approached in a responsible fashion : I have no reason whatever to believe- -indeed, I profoundly refute--the irresponsible suggestion of the right hon. and learned Gentleman that Ministers connived in relation to those certificates.

As to the documents which were opened by counsel for the prosecution in the case, counsel, as would have been expected in the light of the public interest immunity certificates, put the matters clearly before the judge, invited the judge to look at the documents and invited the judge, as would be his duty, then to make the ruling, balancing one public interest with another.

Dr. Keith Hampson (Leeds, North-West) : Is my right hon. and learned Friend aware that, in paragraph 128 of the report on exports to Iraq, the Select Committee on Trade and Industry expressed deep disquiet at the independence and authority of Customs and Excise? Is it not the case that Customs and Excise is not answerable to the Treasury with respect to prosecuting decisions, nor, unlike the Crown prosecution service, is it accountable to the Attorney-General? Is not that unacceptable unaccountability? Will he review its status?

The Attorney-General : The important thing is that the Customs and Excise is an independent prosecuting authority and it exercises its judgment independently, as the House would expect.

Mr. Menzies Campbell (Fife, North-East) : The Attorney-General must know that to say that the judge has the power to "invite" witnesses is wholly inadequate.


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What is required is an inquiry held under the Tribunals of Inquiry (Evidence) Act 1921, which would allow the judge to compel the attendance of witnesses and if necessary to commit them for contempt if they decline to answer his questions. An inquiry with the powers which the Attorney-General has spelt out will be toothless and unlikely to get to the truth of the matter.

Will the scope of the inquiry include an examination of the circumstances that surrounded the Iraqi supergun affair, in which it is increasingly clear that the Select Committee on Trade and Industry was thwarted and frustrated by Ministers and Departments? Why cannot the Attorney-General bring himself to express some sense of regret and apology to the three innocent men who found themselves in the dock?

The Attorney-General : As one with responsibilities in the area of prosecution, I am extremely conscious of the fact that the power to prosecute is an extremely invasive power, which must be exercised by any independent prosecuting authority extremely carefully. I recognise the hon. and learned Gentleman's point in that respect. The hon. and learned Gentleman should bear in mind that an inquiry under the Tribunals of Inquiry (Evidence) Act 1921 can have compensating disadvantages as well as the advantages that he pointed out. There is no reason to anticipate that any relevant witness will fail to attend the inquiry carried out by Lord Justice Scott ; in view of inquiries in recent years, such as the one into BCCI, it is nonsense to suggest that Lord Justice Scott's inquiry is likely to be toothless.

Mr. John Wilkinson (Ruislip-Northwood) : I greatly appreciate my right hon. and learned Friend's readiness to come to the House so quickly and to instigate an independent judicial inquiry. It must be reassuring to know that it will be for the learned judge, not Her Majesty's Government, to decide what it is in the public interest to make public.

Why did not the three Departments of State, the Foreign and Commonwealth Office, the Department of Defence and the Department of Trade and Industry, immediately make known what was ultimately known to the court, thereby preventing the need for this unnecessary trial?

The Attorney-General : I am grateful for my hon. Friend's welcome for the speedy setting up of the inquiry. As he says, the judge will be able to decide and to give his guidance on the points that he mentioned, including publication?

As to what any Department knew or did not know at any particular time, that is a matter for the learned judge and the inquiry.

Mr. Gerald Kaufman (Manchester, Gorton) : The right hon. and learned Gentleman consistently dodges the questions asked by Opposition Members about whether the inquiry will have the right to summon Ministers--because it is the conduct of Ministers that is at the heart of this scandal.

He said in his statement that the denial by Mr. Alan Clark of his participation in the meeting at the Department of Trade and Industry on 20 January 1988 was inconsistent with the truth--namely, that Mr. Clark had lied. Yet the Prime Minister, writing to me on 17 February this year after I had written to him about Mr.


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Clark's conduct, wrote back to me upholding Mr. Clark's denial. Did the Prime Minister make inquiries about Mr. Alan Clark's resort to untruth and then deliberately purvey his untruth ; or did he simply not bother to make inquiries--a different kind of dereliction of duty?

The Attorney-General : Yes, the inquiry will have the power to summon Ministers, and I am confident that they will all attend. That is a different question from the powers under the Tribunals of Inquiry (Evidence) Act 1921.

With regard to the right hon. Gentleman's second point, he clearly has not read his papers or listened carefully to what I have said, because I made no comment on whether Mr. Clark's denial was at any stage inconsistent with the truth. What I told the House, and what prosecuting counsel told the learned judge when he withdrew the case, was that what Mr. Alan Clark had said in his original statement and what he had said under cross-examination had been different. It will be for the inquiry to sort out the results of that.

Mr. Richard Shepherd (Aldridge-Brownhills) : I, too, am grateful to my right hon. and learned Friend for the announcement of the inquiry, but is there not a major ethical and moral point in the fact that a prosecution can be mounted which might take away the liberty of three business men when Ministers appeared to know that there was basis on which the trial should not proceed and that there would have been a grave miscarriage of justice if those men had been found guilty, convicted and possibly imprisoned?

Secondly, is there not a question of trust between the House and its Ministers in that, when we are told that a policy is such, it is such and there is not deviation from the honour and integrity of Government in their relations with the House?

The Attorney-General : In so far as there are questions, succinctly analysed by my hon. Friend, which need to be put and answered, it is the very purpose of announcing the judicial inquiry that they may be examined and answered.

Mr. Geoffrey Robinson (Coventry, North-West) : Is the right hon. and learned Gentleman aware that he continues to dodge the issue, which surely cannot be covered by the inquiry, of what he will do to put right the dreadful wrong done to the three Coventry business men who have suffered enormously and quite unjustifiably? What will happen to the case that apparently continues against BSA Tools Ltd. and its chairman and owner, Mr. Keith Bailey? Does that go on? Can the right hon. and learned Gentleman tell us anything about those companies that allegedly settled before the matter went to court?

The Attorney-General : The answer to the second question is no. I cannot tell the hon. Gentleman about the second case to which he referred, but I can look into the matter and write to him. On the hon. Gentleman's first point, as I emphasised to the hon. and learned Member for Fife, North -East (Mr. Campbell) earlier, the process of prosecution is invasive. It is not to be taken lightly, and it is to be examined carefully and independently of Government by the independent prosecuting authority. But if there is a prosecution, which subsequently fails or is withdrawn for any particular reason, representations can be made, but it has never been


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the policy for there to be formal compensation in those circumstances. I am sure that the hon. Gentleman and the House generally know that.

Mr. Edward Garnier (Harborough) : On behalf of my constituent, Mr. Peter Allen, one of the men acquitted yesterday at the Old Bailey, I welcome the announcement of the independent judicial inquiry under the chairmanship of Lord Justice Scott. Will my right hon. and learned Friend accept that it is not unheard of for prosecutions to founder, but will he also accept that this is a unique case in which the understanding of Mr. Alan Clark now appears to have been fundamentally at odds with that of Customs and Excise which initiated the prosecution?

Will my right hon. and learned Friend accept that, as a direct result of the conflict, my constituent has spent the past two years out of work and under the shadow of a sentence of imprisonment, accused of doing no more than he understood he was being encouraged to do? What guidance is given to Ministers to ensure consistency in interpretation of trade sanction regulations, and what steps will be taken to acquaint the prosecuting authorities with that advice? Finally, what steps will be taken to draw the attention of Customs and Excise and the Department of Trade and Industry to the financial consequences of their actions for my constituent, who has lost heavily as a result of the matter? Is he not entitled to some sort of compensation?

The Attorney-General : My hon. Friend has raised four points. First- -yes, although the word "unique" is always difficult to use, this case involves special circumstances. That is why the inquiry is being set up : so that those circumstances can be looked into carefully, impartially and independently.

Secondly, let me say this to my hon. Friend, and to other hon. Members who have said, "What about an apology?", and that sort of thing. I hope that I have made it clear already that I recognise what an invasive action prosecution of anyone is. I fully recognise, and I sympathise-- [Interruption.]

Madam Speaker : Order. The House. knows that these are very serious and important matters. [Interruption.] Order. When Back Benchers are putting questions and Ministers are attempting to answer, we ought to have order in the House. It is only within the framework of order that we can proceed at all.

The Attorney-General : As I was saying, I fully recognise the pressures under which prosecution puts any defendant. I am sure that the House will understand that.

My hon. Friend's third point concerned guidance. The question of guidance will be very much a matter for the inquiry, and one that the inquiry can look into--both what was given and what perhaps ought to have been given, if they were different.

Finally, my hon. Friend asked about financial compensation. As I said a moment ago, there is no formalised system of financial compensation in these circumstances. It is one of the facts of our constitution that prosecutions must be looked into very carefully and independently, and must be decided on ; but then, as a matter of law, that is that.


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Mr. Doug Hoyle (Warrington, North) : Will the right hon. and learned Gentleman not now give a full apology to those concerned, and stop hiding behind the framework of the law? Will he also ensure that the whole inquiry is held in public? I understood him to say in answer to the last question that witnesses would now be "summoned", not invited, and I believe that that is absolutely necessary. I remind the right hon. and learned Gentleman that, when the Select Committee on Trade and Industry looked into the matter, we found that people were disappearing and could not be traced. We want everyone to come forward, including those who profited from the deal-- the Savoy mafia, for instance. It has even been said that the former Prime Minister's family benefited financially.

The Attorney-General : The hon. Gentleman, like other hon. Members, has raised the question of the form that the inquiry will take. I think that I can set his mind at rest--as much as is humanly possible--by saying that there can be no question of any Minister who has been requested to appear before the inquiry not appearing. There are, however, disadvantages in holding an inquiry under the 1921 Act, as I am sure the hon. Gentleman would agree if he looked into the matter.

As I have said many times, I understand the point about the pressures that prosecutions bring. That is why I have emphasised that they must be looked at carefully, impartially and independently, so that such pressures are not brought without the most careful thought.

Mr. William Cash (Stafford) : First, will my right hon. and learned Friend confirm that the Tribunals of Inquiry (Evidence) Act 1921 presents difficulties in relation to whether a prosecution can take place after the evidence has been given? Secondly, Mr. Alan Clark gave evidence on oath. Will my right hon. and learned Friend confirm that, within the context of the judicial inquiry that has been announced, no person--be he a Minister or otherwise--will be immune from having to give evidence on oath, so that the same will apply to him as applied to Mr. Alan Clark? Had he given evidence that was contrary to the truth, he would have been guilty of perjury.

The Attorney-General : I agree that there are difficulties with the 1921 Act, one of which my hon. Friend has identified.

The question of form and procedure in the holding of the inquiry is, to a considerable extent, a matter for the learned judge who will undertake it, and I will not comment further.

Mr. Tam Dalyell (Linlithgow) : Why should the House of Commons have to wait for a judge for the answer to a very simple, straightforward question : on what date of what year did No. 10 Downing street and other senior Ministers first know about the Matrix Churchill situation? It is a very simple question with a factual answer that Parliament deserves to hear.

The Attorney-General : For all the hon. Gentleman's comments, I suspect that that question will require very careful examination. If the House were to be offered a very simple answer, as the hon. Gentleman said, it might well not be satisfied. I suggest that a full and independent judicial inquiry is what the House is entitled to, and is what the hon. Gentleman should look forward to.


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Mr. Geoffrey Dickens (Littleborough and Saddleworth) : Does my right hon. and learned Friend accept that this is a very important issue and that we welcome the judicial independent inquiry under Lord Justice Scott? Is it right, however, that this honourable House should divert its attention from the regeneration of our commerce, trade and industry and many other matters? Would it not be wise for hon. Members to concentrate on the running of the country and to leave these important inquiries to a judge and an independent tribunal that has been set up to find the truth?

The Attorney-General : My hon. Friend is right--that it is because of the importance and complexity of the issue that this type of inquiry has been set up, and that it is because it is someone who can set aside time and apply a judicial mind to these issues that a very senior judge has been invited to hold it.

Mr. Terry Davis (Birmingham, Hodge Hill) : To revert to the experience of the three men who were prosecuted, why will the Attorney- General not simply say, "Sorry"?

The Attorney-General : The hon. Gentleman invites me to make comments about the prosecution decisions of an independent prosecution authority. That prosecuting authority took its decisions, difficult as they were, very carefully. I have recognised, as a matter of principle, that these decisions are extremely invasive. I am sure that the hon. Gentleman can take it from what I have said that I know that nobody should be prosecuted lightly, and that if anybody is prosecuted unnecessarily, then they have suffered hardship--and that I regret.

Mr. Roger Knapman (Stroud) : I welcome my right hon. and learned Friend's announcement, and particularly the judicial inquiry. Can he confirm that it is for the judge to decide whether the publication of further documents is in the national interest?

The Attorney-General : Yes, I can confirm that. An inquiry of this nature involves the judge looking into documents for which, just as in the court case, public interest immunity, as a matter of law, has to be claimed. The learned judge will no doubt be motivated and governed by the same principles when he makes his detailed inquiry and gives his advice as to what should be published.

Mr. Tony Benn (Chesterfield) : Is the Attorney-General aware that, apart from the legal and administrative matters to which he referred, the real issue is a political issue? Why was it that Ministers supplied arms to a regime that had already used chemical weapons against the Kurds, then sent our troops in to fight an army that had been armed, in part, by British manufacturers, and then, when the war was over, tried to get a big contract to sell more tanks to Kuwait? Is it not a fact that the international arms trade is a greater danger to the peace of humanity than either the AIDS epidemic or the drugs trade? Is it not time that Ministers took responsibility for what they clearly did, which was to put profit above human life in promoting the arms trade?

The Attorney-General : With respect to the right hon. Gentleman, what is clear is that he is certainly prejudging the issue, which is to be looked at in detail and independently.


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Mr. Rupert Allason (Torbay) : Although I welcome my right hon. and learned Friend's announcement of the appointment of Lord Justice Scott, does he not recognise that there are grave reservations about his announcement that not all of Lord Justice Scott's report will automatically be published? Does he not also recognise that, in recent years, there has been a tendency, going back to the Security Commission's report on the Bettaney case, for appendices not to be published, appendices that subsequently were leaked and were discovered only to contain matters of political embarrassment--nothing that could ever really be described as not in the national interest?

The Attorney-General : I should be surprised in the extreme if Lord Justice Scott did not publish something simply because it was thought to be of political embarrassment. My hon. Friend is probably in as good a position as anybody to know the sensitivity of the matters that the learned Lord Justice will have to consider, whose independent advice will offer guidance on what should be published.

Mr. Alex Salmond (Banff and Buchan) : Does the Attorney-General accept that there is an urgent need, in this inquiry or elsewhere, for clarification of the doctrine of ministerial responsibility for the policy and conduct of Departments? Does he understand that there is a growing feeling that no one ever accepts responsibility in this Government under any circumstances? Will he give a definition of what constitutes ministerial responsibility?

The Attorney-General : There could be no better way of examining whether ministerial responsibility should be pinned in any particular area than to have a detailed and independent inquiry. No doubt the hon. Gentleman will wait its outcome.

Mr. John Marshall (Hendon, South) : Does my right hon. and learned Friend accept that the full and independent inquiry will be widely welcomed outside the House? Does he further accept that it is a matter of great concern that the only country in the middle east to which we do not sell arms is the only democracy in the middle east?

The Attorney-General : I recognise and am grateful for my hon. Friend's welcome for the inquiry, and I note his point.

Mr. George Foulkes (Carrick, Cumnock and Doon Valley) : Can the Attorney-General assure us that Lord Justice Scott's terms of reference will be drawn wide enough to encompass allegations of other instances where Ministers may have been flexible in interpreting their roles in the arms embargo, in particular in relation to International Military Services and Astra. Unless that is so, we shall not be able to see whether there is a pattern to this sordid affair.

The Attorney-General : The hon. Gentleman is asking about the width of the terms of reference, and I think it is already clear from what I have said that they will be widely drawn.

Sir Teddy Taylor (Southend, East) : Although I appreciate the very critical points that have been made, will the Ministers confirm that the terms of reference will be wide enough to include the impossible problem that is


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faced by the British Government and industry when sanctions are imposed but other countries openly, blatantly and massively break them? For example, the German Government had 200 firms selling chemical weapons and extended Scud missiles in Iraq. Will the Attorney-General ensure that the terms of reference are wide enough to acknowledge that Britain has been the mug of the sanctions game time and again? We want sanctions to be properly imposed rather than inquiries into individual instances of this sort.

The Attorney-General : I am sure that the terms of reference will be quite wide enough to enable those important surrounding points made by my hon. Friend to be given proper consideration.

Mr. Dennis Skinner (Bolsover) : Is not the reality of the matter the fact that, for some time, the Government gave the impression to all and sundry that they were not selling arms to Iraq? Now the truth is out. To what extent does the House expect Ministers to continue in their positions? When do Ministers of this squalid Tory Government resign?

We have an example here of at least three Ministers knowing that three men in court were likely to be sent down the line, yet they sat by, hanging on to their seats, ministerial cars and all the rest, hoping to Christ that they would not have to face the music. Ministers should now decide to resign, but the Attorney-General comes along and sticks up a judge-- probably one of their Tory

friends--instead of having a proper inquiry. The result is that the whitewash and cover-up will continue.

The Attorney-General : The longer the hon. Gentleman continued, the less I thought he was interested in an independent impartial inquiry into anything. He opened his remarks by asking about the reality of the matter ; the purpose of the inquiry is to discover the reality of the matter.

Mr. Graham Riddick (Colne Valley) : Is it not the case that, contrary to the impression that the hon. Member for Bolsover (Mr. Skinner) and the right hon. Member for Chesterfield (Mr. Benn) sought to convey, the vast majority of armaments sold to Iraq in the 1980s came not from this country but from socialist France and the communist countries of eastern Europe?

The Attorney-General : I have noted my hon. Friend's point.

Mr. D. N. Campbell-Savours (Workington) : Did Mr. Alan Clark meet officials or Ministers at the Ministry of Defence or the Department of Trade and Industry before the trial?

The Attorney-General : Any actions by Mr. Alan Clark when he was a Minister, or by other Ministers, are the subject of the inquiry.

Miss Emma Nicholson (Torridge and Devon, West) : Further to an earlier question, may I make a correction? There is another democracy in the area, and that is Iran. The recent United Nations report showed that Iran was the wounded party and not the initiater of the war during


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Madam Speaker : Order. I remind the hon. Lady that hon. Members should be asking questions on a statement, not making statements themselves.

Miss Nicholson : Will the terms of reference of the inquiry be wide enough to offer the European Community potential alterations of rules? Some of the evidence that I have gleaned during my recent visits to Iran and Iraq has shown that France was indeed exporting chemical weapon components to Iraq during the period covered by the statement and the inquiry.

The Attorney-General : It will be for Lord Justice Scott to decide how far any questions concerning European rules are relevant to the subject of his inquiry.

Mr. Andrew Faulds (Warley, East) : Is the right hon. and supposedly learned Gentleman fully satisfied that, from the Government's point of view, the judge who has been put up is, in that classic phrase, "one of us"?

The Attorney-General : I think that, on reflection, even the hon. Gentleman will find that comment unworthy of him.

Mr. David Winnick (Walsall, North) : Is the Attorney-General aware that one of the most disturbing aspects of the case is that, if the judge had decided otherwise regarding the documents in question, the defendants might well have gone to prison--including Paul Henderson who, it should be remembered, was willing to risk his life for his country and is proud of having done so? Yet Ministers signed documents that would have sent him to prison in Britain. Could there be a greater contrast than that between the honour and integrity of the judge in the court case and the record and reputation of Ministers, who were apparently quite willing to send innocent people to prison and who--if they have any honour left--should certainly consider resigning as quickly as possible, and long before the judicial inquiry?

The Attorney-General : I doubt whether the hon. Gentleman wishes to distort the position, but I believe that he deeply misunderstands it, and consequently fundamentally distorts it. Once he realises that, I think that he will wish to withdraw the remarks that he has made.

Sir Peter Emery (Honiton) : Will Lord Justice Scott be able to spend all his time on the inquiry, because, although it needs to be done fully and completely, we should like the report as soon as is humanly possible?

The Attorney-General : I know that Lord Justice Scott is free to begin in the very near future, and I have no reason to think that his conduct of the inquiry is likely to be in any way impeded by any other duties.

Sir David Steel (Tweeddale, Ettrick and Lauderdale) : Does the right hon. Gentleman recall that, on 31 January 1991, I called in the House for the setting up of just such a high-level inquiry into arms sales to Iraq

"so that never again will our forces be faced with an enemy armed partly by ourselves"?

The Prime Minister refused an inquiry, and replied :

"for some considerable time we have not supplied arms to Iraq for precisely that reason."--[ Official Report, 31 January 1991 ; Vol. 184, c. 1102.]

Will the right hon. and learned Gentleman assure me that the terms of reference for this inquiry, which are still to be settled, will be wide enough to establish why that answer was different from the truth?


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The Attorney-General : I am not at all sure that the answer was different from the truth at all, but I think that I can give the right hon. Gentleman the assurance that the terms of the inquiry will be wide enough to enable all his concerns to be carefully looked into and evaluated.


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