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Revealed: Hutton Report

that never saw the light of day

Magnus Linklater

Scotland on Sunday 1st February 2004
Reproduced with kind permission

Filed 03 Feb 04
www.land-care.org.uk

DELVING into Lord Hutton’s in-tray the other day, I came across an intriguing document which suggests that his lordship was in two minds about the conclusions he would come to in the Kelly affair.*

I present it here, in the hope that this will contribute to the debate about where, in the end, responsibility lies. It rests entirely on evidence presented to the inquiry, and indicates that, if the judge had been feeling more charitable towards the media, and less forgiving to the politicians, we might today be counting resignations in Downing Street rather than Portland Place.

It goes as follows:

"I have today delivered to Lord Falconer of Thoroton a further report into the circumstances surrounding the death of Dr David Kelly CMG. I have chosen this time to look at those circumstances from a rather different perspective than my previous attempt. My terms of reference remain the same, namely to conduct an investigation into the events leading up to Dr Kelly’s death. However, I have chosen to scrutinise more carefully the information that was passed by Dr Kelly to the BBC reporter Andrew Gilligan, because that was what exercised this distinguished scientist at the time; I have looked at the remarkable procedures adopted by Downing Street and the Ministry of Defence once it was broadcast; and I have examined the nature of the relationship between the Prime Minister’s advisers and the intelligence boffins who cobbled together the Iraq dossier.

"I stick to the view that Mr Gilligan’s initial broadcast on 29 May, 2003, made from his bedroom, without an agreed transcript, was a model of irresponsible reporting. In particular, the suggestion that the government knew that the 45 minute claim was wrong but included it in the dossier anyway is a gross distortion of the truth. I can see why Alastair Campbell went ballistic. However, Mr Gilligan has accepted that this claim, which was later modified, was an error. What remains to be tested is whether the thrust of the information was accurate.

"Given that, as we have learnt from evidence given by the head of MI6, the 45 minute claim related to battlefield weapons rather than long-range missiles, it does seem clear to me that the dossier was over-pitched - hence Dr Kelly’s concern. Another expert, Dr Brian Jones, told us he wanted the language toned down. That does not seem to have been done. Instead, every suggestion made by Mr Campbell, the Director of Communications, and by Jonathan Powell, the Prime Minister’s Chief of Staff, was aimed at hardening up the document, making the threat appear more real and more immediate than we now know it to have been.

"John Scarlett, the head of the Joint Intelligence Committee, assured us that nothing was included in the dossier unless it had been approved, and that Mr Campbell’s proposals were purely ‘presentational’. Looking through the list of changes, however, one cannot avoid the impression that what was presentational to one man was ‘sexing up’ to another - an unlovely phrase, I concede, but you know what is meant by it. At the very least, Mr Scarlett should have been more circumspect in dealing with the men from Downing Street. At the most, he should have told them to stuff it. If we can’t trust our intelligence agencies to steer clear of the spin-doctors who can we trust?

"We now turn to the way that Dr Kelly was dealt with, once he had admitted that he was probably the source for Mr Gilligan’s story. It is clear from Mr Campbell’s diary, a colourful document, liberally spattered with asterisks, that to him this was a heaven-sent opportunity to dish the BBC. Indeed, his first instincts were to leak the name right away, and only the restraining hand of the Prime Minister stopped him doing so. Judging by the blizzard of e-mails and memos emanating from Downing Street around this time it looks as if no one had time for anything other than the battle against the BBC. One wonders who was running the country. As for the many meetings that were clearly taking place, we have only patchy evidence. Whatever happened to the old-fashioned custom of minute-taking?

"We must now consider the role and character of Geoff Hoon, the defence secretary. I found Mr Hoon a rum sort of a cove. For someone running his own department, he seemed to have only the haziest notion of what was going on. He had no knowledge of key documents, he never read what was put out by his own press office, he did not attend key strategy meetings, he allowed Downing Street to draft MoD statements. He claimed to have been concerned for Dr Kelly’s welfare, but he was instrumental in putting in hand the very process which exposed him. If we believe Mr Campbell, he was far closer to events than he is willing to admit.

"At one stage I asked him why he had not protected Dr Kelly by telling the press that it was not MoD practice to reveal the names of civil servants. He said that he would have been accused of a ‘cover-up’. Has it come to this, that ministers are so petrified of the media that they are willing to sacrifice their employees to protect their own reputations? I find it extraordinary that Mr Hoon took no steps to inform himself about Dr Kelly’s personal circumstances or to interest himself in the procedure by which his name was revealed. I would define this as the very opposite of ministerial responsibility.

"And so we come to the Prime Minister himself. He is a shadowy figure in all this, and yet he is central. He argues that he did not interfere in intelligence documents, and yet the statement he read out to the House of Commons to justify war with Iraq, was infinitely more helpful to his cause than it would have been, if left untouched by his advisers. He says that he had nothing to do with the exposure of Dr Kelly, yet he presided over the very meetings at which the decision was taken to allow the press to guess his identity. He says that he wanted to play things ‘by the book’, but in the end he simply by-passed it.

"In reaching these conclusions, I am not absolving the BBC of blame. Indeed, the failure of their Director-General to inform himself about Mr Gilligan’s evidence, or even to understand why it was open to criticism, was a dereliction of his duty as editor-in-chief of the BBC.

"However, I am convinced that the principal lesson to be taken from this whole sorry affair is that the behaviour of ministers and their advisers fell below the standards which one is entitled to expect from a British government, that ethics became subverted to an undignified squabble with the BBC, and that the British people were given an inaccurate, exaggerated, and possibly duplicitous account of the status of our intelligence in the run-up to war.
"These are, in my view, serious matters. Somebody somewhere should be prepared to take the rap."

*Since it is a golden rule that irony does not work in journalism, I should make it clear that the above document is a figment of my imagination, invented to suit the argument - something newspapers normally never do...

Magnus Linklater
Scotland on Sunday 1st Feb 04


Further Reading recommended by Land-Care

Comment ( 2004). Hutton Report: was it balanced or a whitewash? Jonathan Dimbleby, ITV 1, Sunday 1st Feb
See SOCIAL/ECONOMIC/POLITICAL Homepage, filed 01 Feb 04, www.land-care.prg.uk Click Here to View

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