On 15 July 2013, Sir John Chilcot wrote to the Prime Minister confirming that he had begun a dialogue with Sir Jeremy Heywood about the material that the inquiry wished to reflect in its analysis of discussions in Cabinet and Cabinet Committees and the references that the inquiry wished to make about the contents of Mr Blair’s notes to President Bush and discussions between Mr Blair and Mr Brown and Presidents Bush and Obama. As Sir Jeremy Heywood made clear when he addressed the then Public Administration Committee in the other place in January this year, he approached the question of declassification with a bias towards transparency, including Tony Blair’s memos to George Bush and the Cabinet minutes. I should add that Sir John told the Foreign Affairs Select Committee in the other place:
“I have no indication that Sir Jeremy acted otherwise than properly throughout”.
On 28 July 2014, Sir John wrote to Sir Jeremy Heywood confirming that agreement had been reached on principles underpinning the disclosure of notes and records relating to the Prime Minister and US President’s discussions, and that agreement had been reached on the detail of what the inquiry would release in relation to the Cabinet and Cabinet Committee discussions. As Sir John told the Foreign Affairs Select Committee, this process took 13 months.
The noble and learned Lord is perfectly justified to ask why this process took so long. The simple answer is that disclosure in this way of papers involving communications between a Prime Minister and a US President is, as far as I understand it, almost unprecedented. I say almost, because the Franks report into the Falklands War did refer to the contents of communications between Margaret Thatcher and President Reagan, although these were direct references rather than extracts.
As the noble Lord, Lord Butler, said, the inquiry’s request for disclosure raised issues of long-standing principle; for example, the importance of preserving the privileged channel of communication between the
Prime Minister and the US President. In taking the decision to allow disclosure of this information, Sir Jeremy had to balance the possible damage to UK-US relations, and the potential that, in future, free and frank exchanges might be inhibited by this disclosure, against the exceptional nature of the inquiry and the central importance to the inquiry’s work of these exchanges. The negotiations were worked through in good faith, with the aim of enabling the inquiry to publish as much material as possible. However, all this took time to resolve.
I turn to an issue that the noble and learned Lord, Lord Morris, the noble Lord, Lord Parekh and the noble Earl, Lord Attlee also raised—about the value and worth of releasing such material if it is redacted. Clearly, the best time for us to judge the answer to this question will be when the report is actually published. However, as Sir John Chilcot made clear earlier this year when he appeared before the Foreign Affairs Committee in the other place, it is essential to establish an account of what happened—an account that people can trust.
The inquiry has spent time and effort in ensuring it can publish the material it needs from those documents. I would, however, make a few observations. First, as Sir John Chilcot wrote to the Cabinet Secretary on 28 May 2014, regarding the use of quotes from the gist of notes pertaining to communications between the Prime Minister and the President of the United States:
“Consideration will be based on the principle that our use of this material should not reflect President Bush’s views. We have also agreed that the use of direct quotation from the documents should be the minimum necessary to enable the Inquiry to articulate its conclusions”.
Secondly, in all inquiries where national security is an issue, documents have to undergo a declassification process to protect sensitive information. As your Lordships will know, for the Iraq inquiry this process was conducted under a protocol agreed between the Government and the inquiry which established strict parameters within which the Government could seek redactions, principally on national security or international relations grounds. This states that, if the inquiry believes proposed redactions are not desirable, it can write to the Cabinet Secretary to seek a redaction. If no agreement is reached and the material is not published,
“it would remain open to the Inquiry to refer, in its report, to the fact that material it would have wished to publish had been withheld”.
Our aim has always been to allow the inquiry to publish as much material as possible.
In conclusion, we all agree that this inquiry must be fair and impartial but, above all, rigorous, with its conclusions firmly based on the evidence. To do that, it must be independent of Government and therefore, however frustrating it may be that the inquiry has not published its report, it must be allowed to complete its job.