Information Commissioner to investigate Iraq legal advice

The Information Commissioner is to investigate the government's decision not to disclose the Attorney General's advice on the Iraq war.

Richard Thomas has reportedly received a number of individual complaints, as well as complaints from newspapers, regarding the government's decision.

The government has come under increasing pressure to release the information, following revelations in the resignation letter of Foreign Office lawyer, Elizabeth Wilmshurst. The letter, which was obtained by Channel 4 under the Freedom of Information Act, contained passages censored by the government, which suggested that Attorney General, Lord Goldsmith, believed the war in Iraq was illegal and needed a new resolution from the UN Security Council before military action could be considered.

However, Lord Goldsmith stated on March 17, the day before Prime Minister Tony Blair presented the case for military action against Iraq in the Commons, that the war was legal without the second resolution.

Ms Wilmshurst resigned from her post because she believed it was "unlawful" to go to war against Iraq without a second resolution.

Foreign Secretary Jack Straw said that it was "entirely proper" for the government to have censored the information in Mrs Wilmshurst's letter, as they were covered by exemptions in the Freedom of Information Act, in the Commons yesterday. He also defended Lord Goldmith's decision, saying that the Attorney General had "made clear his genuinely and independently-held view that military action in Iraq was lawful on the basis of Saddam's [Hussein] breach of the existing UN resolution" on his written statement issued on March 17. He also denied that the Attorney General had changed his mind.

Shadow Home Secretary Michael Ancram said that the Foreign Secretary's explanation "defies belief". He said: "It would be far better if the entire paper trail were to be published to reassure the public the Attorney General was neither leant on to change his views for party political reasons, nor deceived by the Prime Minister on the facts on which war might be justified."

Mr Ancram added: "The Foreign Secretary's performance has increased the lack of trust in the government and done nothing to reassure people about the trustworthiness of the Prime Minister."

The Information Commissioner is expected to decide whether or not it is in the public's interest for the information to be published or remain secret.

(KMcA/SP)