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The Inquiry – membership, scope and expertise
What are the Inquiry’s remit/terms of reference?
As Sir John Chilcot said at the launch of the Inquiry on 30 July 2009, the purpose of the Inquiry is to examine the United Kingdom's involvement in Iraq, including the way decisions were made and actions taken, to establish as accurately and reliably as possible what happened, and to identify lessons that can be learned. The Inquiry is considering the period from 2001 up to the end of July 2009.
Who are the members of the Inquiry Committee?
Sir John Chilcot (Chairman), Sir Lawrence Freedman, Sir Martin Gilbert, Sir Roderic Lyne, and Baroness Usha Prashar.
Who picked the members?
The Prime Minister appointed the members of the Committee. Opposition parties were consulted.
Why don’t you have politicians on the Inquiry team?
The Committee’s membership is a matter for the Government. Sir John has, however, discussed his approach to the Inquiry with the Government, leaders of Opposition parties, Chairmen of relevant House of Commons Committees and other interested Parliamentarians. The Committee will continue to discuss the Inquiry with politicians as the Inquiry progresses.
What experts does the Inquiry have to assist it, and what experience do they have?
The Iraq Inquiry Committee has appointed two advisers to help it conduct its work. General Sir Roger Wheeler, the former Chief of the General Staff, will assist the committee on military matters, and Dame Rosalyn Higgins, the former President of the International Court of Justice, will advise on international law.
How qualified are the Committee members to ask searching questions in a forum such as the hearings?
All Committee members are Privy Counsellors with long and distinguished careers, whether as historians, senior officials or as the Chairman of a number of highly respected boards and commissions. They are highly experienced at asking questions to uncover and establish the truth. They will draw on this experience in their approach to the hearings and the Inquiry more generally.
Why is the Inquiry being held now?
Governments decide the timings of inquiries. The Government had repeatedly said that an Inquiry should be held once combat troops had left Iraq so as not to undermine their role there. Combat troops have now withdrawn and the Government judged it was the right time to begin an Inquiry.
Will the Inquiry look into issues that are being considered by other proceedings?
There may be issues that are subject to other ongoing proceedings – for example, legal proceedings or police investigations - on which it would not be appropriate for this Inquiry to comment. We will decide that on a case-by-case basis, subject to legal advice.
How is the Government co-operating with the Inquiry?
As the Prime Minister told the House of Commons, “no British document and no British witness will be beyond the scope of the Inquiry.” The Government has assured the Inquiry of the full co-operation of the relevant Departments.
The hearings, witnesses and evidence
When will the Inquiry start taking evidence?
The initial public hearings for the Iraq Inquiry are due to run from Tuesday 24th November 2009 until 17th December, break for Christmas, then start again during the week of 4th January 2010. It is expected they will run until early February. It is expected that further public hearings will be held in June and July 2010.
Will records of proceedings be available on the Inquiry website?
The Inquiry team intends to put records of the public evidence sessions on the website.
Will all the documentary evidence be published on the website?
The Committee intends to publish the key evidence with its report at the end of the Inquiry. It may also publish material on the website as the Inquiry progresses where this will help increase public understanding of its work.
Can members of the public and media attend hearings?
Yes, there will be seats both for the media and the public for the public evidence sessions.
What are the procedures around public attendance?
Members of the public will be asked to follow certain standards of behaviour, similar to those in a courtroom, although this is not a judicial inquiry. A leaflet will be given to anyone entering the hearing centre outlining these standards.
Will the Inquiry proceedings be televised?
The Committee wants to ensure that as many people as possible have access to what is happening in the public hearings, either direct or through the media. That includes the public hearings being televised and streamed on the internet. It will be for the television companies to decide what they will broadcast.
Whom will the Inquiry call to give evidence?
Having considered the issues and material which it has requested or has been drawn to its attention, the Committee will invite those it judges are best placed to supply the evidence it needs to conduct its task thoroughly.
Will names of witnesses be provided in advance?
The Inquiry will publish on its website a timetable for public hearing sessions on a rolling basis.
Why are you releasing protocols covering the running of the hearings?
The Inquiry wishes to be as open and transparent as possible about the approach and processes it will adopt. The Protocols seek to establish a framework of mutual trust between the Inquiry and the witnesses in order to achieve the core aims of the Inquiry to establish a full and reliable account of what happened from which it will identify lessons for the future. The Inquiry expects that there will be interest in how it conducts its business, and in particular how it ensures fairness to witnesses whilst ensuring that it is able to elicit a full, accurate and truthful account of what happened.
Why would someone need to give evidence in private?
The Protocols set out that the Inquiry will hear all evidence in public unless the Committee judges it should be heard in private. The factors the Committee will take into account in considering whether evidence should be given in private include whether the evidence they will give would, if revealed in public, damage national security or other vital national interests. The Committee will also consider the official role of the witness, including their seniority, and any other genuine reasons such as health or security that would make it difficult for them to appear or to be entirely frank in public.
Will you tell witnesses the line of questioning they will face?
In order for the evidence sessions to be as effective as possible, and in order to ensure fairness to the witnesses, the Inquiry will provide guidance on the matters that the Inquiry wishes to cover in the hearing, and any documents the Inquiry wishes to refer to. The witnesses will not be told of the precise lines of questioning they will face.
What protection do witnesses have to speak freely?
The hearings are not covered by Parliamentary or other privilege. The Committee expects all witnesses to provide truthful, fair and accurate evidence. The Inquiry welcomes the fact that the Government and Services have extended an immunity from disciplinary action to serving officials and military personnel who give evidence or otherwise assist the Inquiry, as this will help reassure witnesses that they can provide frank and honest evidence.
Should a witness feel unable to answer questions due to a genuine fear of self-incrimination of a criminal offence, it would be open to the Inquiry Committee to consider whether, in order to secure the greatest possible openness and co-operation, it would be appropriate to seek an undertaking from the Law Officers that evidence provided to the inquiry will not be used in criminal proceedings against them, in accordance with the usual practice in inquiries.
What will the Inquiry do if it receives evidence or information about criminal offences?
If the Inquiry receives credible evidence that criminal offences have been committed that has not previously been referred to the investigating authorities, it would be obliged to refer that evidence to the appropriate investigating authority.
If a witness isn’t able to consult with a lawyer isn’t there a danger that they might incriminate themselves or libel someone?
All of the witnesses have been offered legal assistance in preparing for the hearings and are entitled to have a legal representative present to advise them during the hearing. However, the legal representative will not be permitted to ask questions or make representations during the hearing.
Will evidence given in private be explained in public, and, if so, when and how?
If evidence cannot be given in public for one of the reasons set out in the Protocols, the Inquiry will give careful consideration to how best to draw on and explain in public what was covered in the private session including, where appropriate, redaction or anonymisation. This may take place during the hearings or in the final report.
How can I submit information to the Inquiry?
You can submit your information to the Inquiry electronically using the form in the “Contact” section of the website. Alternatively, if you prefer, you can write to us at:
Iraq Inquiry, 35 Great Smith Street, London SW1P 3BQ.
Does the Inquiry have a Freedom of Information policy?
The Inquiry, itself, is not a public authority for the purposes of the Freedom of Information Act, so the Act does not apply. However, in addition to its hearings being open to the public and the media wherever possible, the Inquiry's website will contain transcripts of public hearings and other key information relating to the work of the Inquiry.
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The outcome
Will the Inquiry say whether anybody involved in the Iraq conflict should face criminal charges? Will it be able to apportion blame?
The Inquiry is not a court of law. The members of the Committee are not judges, and nobody is on trial. But if the Committee finds that mistakes were made, that there were issues which could have been dealt with better, it will say so.
What difference will the Inquiry make?
The Inquiry will provide a reliable account of events that will help identify lessons to guide future foreign policy decision-making and decisions regarding conflict and post-conflict situations.
When and how will the report be published?
The Committee intends to complete its task as quickly as possible but cannot at this stage know how long the Inquiry will take. Sir John Chilcot said at the launch of the Inquiry that the earliest the Inquiry would report was likely to be late 2010, and possibly later. The Prime Minister in his statement of 15 June said that he wanted the Committee to publish its report as fully as possible, disclosing all but the most sensitive information essential to our national security. It will be published as a Parliamentary paper and debated in both Houses of Parliament.
Will there be an interim report?
If, as the Committee works through the evidence, it considers that it would be helpful to publish an interim report, it will do so. But it is more likely, given the purpose of the Inquiry – identifying lessons for the way government acts and takes decisions in the future - that its report will be a single one at the end of the Committee’s deliberations.
How much will the Inquiry cost/how much is the budget?
The Government has assured the Committee that it will have the resources it needs to do its job properly. At the same time, it is determined to ensure that it runs the Inquiry efficiently and does not waste public money. The Inquiry will publish its costs.