Was British PM trying to cover up his requests to Goldsmith?

Tony Blair

Tony Blair did not issue any written instructions asking the Attorney General for his legal opinion on the Iraq war, The Independent has learned.

Downing Street has disclosed it has nothing in its files relating to instructions to Lord Goldsmith about the legality of invading Iraq. That has prompted accusations Tony Blair behaved in an excessively "casual" manner towards the legality of war to try to avoid a damaging "paper trail."

MPs and senior lawyers say it is unusual, in matters as serious as a military invasion, for a Prime Minister not to have instructed his Attorney General.

In reply to a freedom of information request from The Independent, asking for copies of the instructions given to Lord Goldsmith, about the war, Downing Street said: "Following a search of our files, I have established the Prime Minister's office does not hold any information in relation to this request."

Yesterday, Lord Lester, a Liberal Democrat peer, and leading international lawyer accused Tony Blair of "a cover up." Sir Menzies Campbell, Liberal Democrat deputy leader who is a senior barrister, said the lack of files was unexpected and meant no paper trail could be followed.

Sir Menzies said: "On an issue of such importance as taking military action against Iraq, one would have expected a formal request for (legal) advice from No. 10 to be logged and available for scrutiny."

"Lord Butler in his report identified the weaknesses of so called sofa government," he said.

"But there is another additional aspect to considering in such an informal and unrecorded way. "

It makes it impossible for anyone outside the circle of those directly involved to follow the sequence of events. The Government has refused Lord Lester's requests under the freedom of information act for the date on which legal instructions were issued to Lord Goldsmith relating to the use of force against Iraq, and the date at which he supplied his legal opinion.

"This is a cover up in the interests of political expediency," the Liberal Democrat peer said.

"I would like to know when that advice was sought and when it was given."

The request for a legal opinion is believed to have come from the Foreign Office after their own legal advisers ruled that invading Iraq without a second UN resolution would flout international law.

The Foreign Office is believed to have sent a letter to the Attorney General asking him for his opinion on the use of force.

MPs believe the Prime Minister may have had a discussion with the Attorney General about the legality of the invasion as early as July 2002 - long before military action was officially being contemplated by the Blair Government.

But many want to know if the request was issued in 2002 before the use of force was officially on the agenda. Some believe Lord Goldsmith may have been asked for his opinion on the legality of force against Iraq only weeks before the country went to war - by which time thousands of British troops had been mobilised.

The Attorney General's office has confirmed it has papers relating to the instructions, although refused to make them public. The Liberal Democrats and Tories have stepped up the pressure on the government this week to publish the legal advice.

- INDEPENDENT