Select Committee on Foreign Affairs Minutes of Evidence

Letter to the Chairman of the Committee from Sir John Kerr, KCMG
Permanent Under Secretary of State, FCO, 10 June 1998

  I undertook at yesterday's hearing to pursue a number of points. I can answer three straightaway.

  As agreed, I have asked our Mission to the United Nations in New York to pursue with the Chairman of the Sierra Leone Sanctions Committee permission to make available to the Foreign Affairs Committee the UN Legal Counsel's Opinion on UNSCR 1132. This will require the agreement of Members of the Committee. The Mission will do this as a matter of priority.

  When Mr Penfold was first evacuated to Conakry after the coup, we felt it would be useful for him to stay there to maintain contact with President Kabbah's government: we hoped this would be a temporary arrangement and that it would be possible for him to return to Freetown in the short term. He discussed this in a telephone conversation with the Foreign Secretary very shortly after his evacuation. As events progressed, Ministers were kept fully informed of, and approved, the fact that we kept Mr Penfold or his deputy in Conakry to maintain contact with President Kabbah.

  Sir John Stanley asked whether the Foreign Secretary's comments about intelligence reports in the House on 12 May were quoting directly from the "line to take" given to him for that debate. There was in fact no specific written briefing provided to the Foreign Secretary on that point. He took the earliest opportunity to let the House have the information in his written answer on 19 May, to which Sir John Stanley referred. That answer corrects his statement on 12 May that no intelligence reports were seen by Ministers or officials that suggested a breach of the arms embargo. The main point he was making, that no such reports were seen by Ministers, stands.

  I shall consult the Foreign Secretary about other points arising from yesterday's hearing: in that context it would be very helpful if you could soon let us have a transcript of the hearing.

Letter to the Permanent Under Secretary of State, FCO from the Clerk of the Committee, 12 June 1998

  I am writing about the responses outstanding from your two appearances before the Foreign Affairs Committee, on 14 May and 9 June. As you know, the committee rejects your argument that you are precluded from answering certain questions because of the existence of the Legg enquiry. I am accordingly instructed to request substantive answers to the points raised in Questions 25-30, 40, 84-88 and 109-111 of the 14 May.

  I note from your letter of 10 June to the Chairman of the Committee that you have responded to three of the points outstanding from the 9 June session and that you are consulting the Foreign Secretary about the other points arising. I am further instructed to request full substantive answers to all matters outstanding from this session and, to assist you in this, I have today made available the transcript of the public evidence session. The private part will follow on Monday.

  I am also instructed to request that the answers to all the outstanding points be sent to my office by Friday 19 June. The Committee intends to devote the 23 June session to the 1998 Departmental Report. However, it will also consider your responses to the outstanding points from 14 May and 9 June at the private deliberative session preceding that evidence session. I am directed to inform you that if the Committee is not satisfied with your responses, it reserves the right to return to these matters in the 23 June evidence session.

  In any event, the Committee wishes to conclude the 23 June evidence session with a short further private session on intelligence matters not covered on 9 June. I have therefore been asked to ensure that Mr Roland Smith and other relevant witnesses are on hand then.

Letter to the Clerk of the Committee from the Permanent Under-Secretary of State, FCO, 22 June 1998

  Thank you for your letter of 12 June, which reached the FCO on 16 June, and so crossed with the Foreign Secretary's letter of 15 June to the Chairman of the Committee.

  On Sierra Leone, your letter asked for answers to points outstanding from my appearance on 14 May, the FCO Memorandum submitted on 4 June, and my second appearance on 9 June. As the Foreign Secretary made clear in his letter, the Government cannot release or discuss documents or information which fall within the remit of Sir Thomas Legg's investigation while it is in progress because to do so could prejudice it. It follows that I am not in a position to send you the documents you mention, or to discuss these matters further with the Committee at the 23 June session.

  As the Foreign Secretary's letter also made clear, the Government will make available to the Committee the Freetown telegrams they wish to see, under the procedure followed in respect of the Pergau enquiry, once Sir Thomas Legg has completed his report. The Foreign Secretary has also said that he would be prepared to consider specific requests to extend this offer to other categories of documents, in addition to telegrams, on the matters covered by Sir Thomas Legg's report.

  I note that the Committee intends to devote the 23 June session to discussion of the FCO 1998 Departmental Report. I should of course be happy to respond to the Committee's questions on the Report, but in the light of the Foreign Secretary's letter you will understand that I shall not be in a position to be drawn on matters falling within the remit of Sir Thomas Legg's investigation.

  You also say that the Committee wishes to conclude the 23 June evidence session with a short further evidence session on "Intelligence matters", by implication relating to Sierra Leone, and that you have therefore been asked to ensure that Mr Roland Smith is available. This is a little puzzling. My understanding at the end of the 9 June session was that the Committee had covered Intelligence matters to its satisfaction: moreover Mr Smith does not deal specifically with such matters. It would be helpful if you could let me know what subjects the Committee intends to raise.

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Prepared 26 August 1998