CHAPTER 3
Dr Kelly's letter of 30 June
2003 to the MoD and the MoD interview with Dr Kelly on 4 July
2003
46. On 30 June
2003 Dr Kelly wrote a letter to Dr Bryan Wells, his line manager
in the MoD. Dr Wells held the post of Director of Counter Proliferation
and Arms Control in the MoD. The letter was received by Dr Wells
in the late afternoon of 1 July. The letter was as follows:
Andrew Gilligan and his single anonymous source
Over the past month controversy has raged over
the September 2002 Iraq WMD Dossier primarily because Andrew Gilligan
of the BBC has claimed that the dossier was "sexed up"
at the behest of Alastair Campbell the Prime Minister's press
officer.
Andrew Gilligan is a journalist that I know and
have met.
As you know I have been involved in writing three
"dossiers" concerning Iraq - the 1999 UNSCOM/Butler
Status of Verification Report, the September 2002 International
Institute of Strategic Studies "Iraq WMD" report, and
the UK Government "Iraq's Weapons of Mass Destruction".
My contributions to the latter were in part 2 (History of UN Inspections)
and part 1 chapter 2 (Iraq's programmes 1971-1998) at the behest
of the FCO and I was not involved in the intelligence component
in any way nor in the process of the dossier's compilation. I
have not acknowledged to anyone outside FCO my contribution to
any [of] these reports although it is easy to assume and conclude
that I made contributions because of my substantial role in elucidating
Iraq's biological weapons programme. I am not a member of the
intelligence community although I interact with that community
and I am essentially, as an inspector, a consumer of intelligence
not a generator of intelligence.
The contents of both IISS and UK Government dossiers,
which both rely heavily on the 1999 Butler report, I have discussed
with many individuals drawn from the UN, "Think Tanks"
academia, the arms control community, together with the media.
My discussions have been entirely technical and factual and although
the "45 minute deployment" issue has obviously been
raised I have always given the honest answer that I do not know
what it refers to and that I am not familiar with an Iraqi weapons
system that it matches. The latter is of significance to the UN
since they had to take it into account in their work. The UK Dossier
was of general interest for about ten days after publication and,
with the exception of UNMOVIC, was not a topic later raised with
me. After that my discussions about Iraq's WMD centred on UNMOVIC's
re-engagement with Iraq, the "enhanced" inspection process
and UNVMOVIC's findings. Since the war I have discussed with some
of those same individuals the failure to use chemical and biological
weapons by Iraq and the apparent lack of success in finding such
weapons after the war. It is natural to do so since I am one of
the few who knows Iraq's programmes in detail and my information
is derived from my United Nations work.
I have not had extensive dealings with Andrew
Gilligan. As I recall I first met him at the IISS "Global
Strategic Review" in September 2002 after the IISS dossier
was published but before the UK Government dossier appeared. We
would have discussed the IISS dossier since it was at the forefront
of delegates discussions but the detail is now forgotten. I cannot
recall meeting him before that although it is entirely possible
that we have attended the same meetings at Chatham House or IISS.
I next met with him in February 2003 at his request because he
was about to depart to Iraq to cover the forthcoming war. I cannot
recall any contact in the interim and do not believe that contact
was made. It is some time since that meeting but I believe that
we covered the topics of Hans Blix and UNMOVIC inspections, Iraqi
individuals associated with the WMD programmes and sites associated
with the programme. I also spoke separately with Linsey Hilsum
(Channel 4), Carolyn Hawley and Jane Corbin (BBC) about the same
issues before they went to Iraq. Gilligan said that he would informally
tell me about his experiences in Iraq on his return (as did Jane
Corbin). I have spoken to both since the war. I have had a number
of telephone exchanges with Jane Corbin principally because she
is keen to do a follow up to her UNMOVIC "fly on the wall"
with the Iraq Survey Group (and my comments to her have been neutral)
but none with Gilligan other than one made by him to arrange to
meet to discuss his experience in Iraq. I also speak irregularly
with Susan Watts the BBC Science Editor and Andrew Veitch the
Channel Four Science Editor about scientific and technical aspects
of Iraq's weapons and UN inspections.
I met with Gilligan in London on May 22nd for
45 minutes in the evening to privately discuss his Iraq experiences
and definitely not to discuss the dossier (I would not have met
with him had it been the case). As I recall, we discussed his
ability to report before, during, and after the war in the presence
of minders and freedom to move around Baghdad; accommodation at
the Palestine Hotel; his impression of the coalition attacks;
US military protection of journalists; the revelations likely
to be made by Amer Al-Sa'adi, Huda Amash, Rihab Taha, Tariq Aziz
and Ahmed Murtadda who are individuals associated with Iraq's
"past" programme. He was particularly intrigued by Huda
since he visited her home and met her husband but not Huda after
the war and found her home guarded by "regime" Iraqis.
We also discussed the failure of Iraq to use WMD and the inability
to find them. I offered my usual and standard explanations (conditions
early in the war not favourable to CB use and lack of command
and control late in the war; that the small arsenal of weapons
(or its destroyed remnants) compared to 1991 would be difficult
to find without human information). The issue of 45 minutes arose
in terms of the threat (aerial versus land launch) and I stated
that I did not know what it refers to (which I do not). He asked
why it should be in the dossier and I replied probably for impact.
He raised the issue of Alastair Campbell and since I was not involved
in the process (not stated by me) I was unable to comment. This
issue was not discussed at any length and was essentially an aside.
I made no allegations or accusations about any issue related to
the dossier or the Government's case for war concentrating on
his account of his stay in Iraq. I did not discuss the "immediacy"
of the threat. The discussion was not about the dossier. Had it
been so then I would have indicated that from my extensive and
authoritative knowledge of Iraq's WMD programme, notably its biological
programme, that the dossier was a fair reflection of open source
information (ie UNSCOM/UNMOVIC) and appreciations.
I most certainly have never attempted to undermine
Government policy in any way especially since I was personally
sympathetic to the war because I recognised from a decade's work
the menace of Iraq's ability to further develop its non-conventional
weapons programmes.
I have had no further contact with Andrew Gilligan
since May 22nd.
I did not even consider that I was the "source"
of Gilligan's information until a friend in RUSI said that I should
look at the "Oral Evidence provided to the Foreign Affairs
Committee" on 19th June because she recognised that some
comments were the sort that I would make about Iraq's chemical
and biological capacity. The description of that meeting in small
part matches my interaction with him especially my personal evaluation
of Iraq's capability but the overall character is quite different.
I can only conclude one of three things. Gilligan has considerably
embellished my meeting with him; he has met with other individuals
who truly were intimately associated with the dossier; or he has
assembled comments from both multiple direct and indirect sources
for his articles.
I should explain my "unusual" interaction
with the media. In August 1991 I led the first biological weapons
inspection in Iraq. I had no media exposure before that although
anticipating that it would be inevitable I attended at my request
the MOD Senior Officers TV course at Wilton Park which served
to make me aware of some of the pitfalls of journalism. During
and after the first inspection as Chief Inspector I conducted
a number of major press conferences including the internationally
covered midday press briefing at UN Headquarters in New York.
That meant that the media were very much aware of me thereafter.
Over the next ten years I undertook at the request of MOD, FCO,
CBD Porton Down, and the (sic) especially the UN press office
and UNSCOM/ UNMOVIC press officer both attributable interviews
and occasionally unattributable briefings. All such interactions
were cleared by the appropriate authority. As my contact details
became known it became inevitable that direct approaches were
made and I used my discretion as [to] whether I provided information.
My interaction with the media helped keep the issue of Iraq's
WMD a live issue. I interact with the media on four issues - Iraq,
Soviet/Russian biological warfare, smallpox and anthrax. If it
was technical information available from open sources (and nearly
all requests were such) then I provided details or more realistically
a clarification and explanation of that information (I tend to
be a human archive on Iraq's chemical and biological programmes).
If it was about individuals (Iraqi or UN) I would comment only
on their role and not their personality. Comment on other matters
were declined although in the case of Iraq it is impossible to
draw a clear distinction between the truly technical and Iraq's
political concealment.
I have appeared on many British and foreign television
programmes including Today, Panorama, Channel 4 News, Newsnight,
ABC, CBS sixty minutes, CNN etc. and I continue to get requests
to do so. Since September 11th I no longer talk to camera about
Iraq and rarely on other issues. All media requests are referred
to James Paver of the FCO Press Office and most are now discouraged
from approaching him by my stating that I doubted that it would
be possible.
I have never served as a designated spokesperson
for any organisation, never initiated the release of information
on behalf of any organisation, and never discussed a JIC report.
I have never contacted any journalist to claim that a newspaper
report was correct (or incorrect). I have never made a claim as
to the timing of when any part of the dossier was included. I
have never acted as a conduit to release or leak information.
I have never discussed classified information with anyone other
than those cleared so to do. I do not feel "deep unease"
over the dossier because it is completely coincident with my personal
views on Iraq's unconventional weapons capability.
With hindsight I of course deeply regret talking
to Andrew Gilligan even though I am convinced that I am not his
primary source of information. At the time of considerable disarray
in Iraq I was eager to gain whatever first hand information I
could about the circumstances in Iraq and individuals associated
with Iraq's WMD programme. I anticipated, incorrectly, that I
would shortly return to Iraq to debrief some of those individuals
and this is why I have spoken to some journalists who have also
interacted with them recently.
I hope this letter helps unravel at least a small
part of the "45 minute story". It was a difficult decision
to make to write to you because I realise that suspicion falls
on me because of my long association with Iraq's WMD programme
investigation and the acknowledgement that I know Andrew Gilligan.
I can only repeat that I do not believe that I am the single source
referred to and that much of the information attributed to that
source I am completely unsighted on and would not be able to provide
informed comment about.
Back to Top
Communications and discussions
within the Government in respect of Dr Kelly, 2 to 6 July
47. On 2 July Dr Wells wrote to Mr Martin
Howard, the Deputy Chief of Defence Intelligence:
You will wish to be aware of the attached letter
that David Kelly has sent me. I am planning to speak to David
about it on the afternoon of 4 July, and would welcome the opportunity
to discuss with you beforehand. You may wish to pass a copy to
the leak inquiry personnel.
48. Mr Howard received Dr Wells' letter
on 3 July and he informed Sir Kevin Tebbit of Dr Wells' letter
and of Dr Wells' intention to speak to Dr Kelly on the afternoon
of 4 July. Sir Kevin then decided that Dr Kelly should be interviewed
by Mr Richard Hatfield, the Personnel Director of the MoD together
with Dr Wells. Sir Kevin also informed the Secretary of State
for Defence, Mr Geoffrey Hoon MP, that an official, whom he did
not name, had admitted speaking to Mr Gilligan and that he would
be interviewed the next day.
49. On 4 July Mr Hatfield interviewed Dr
Kelly at 11.30am and Dr Wells also attended the interview. On
7 July Mr Hatfield prepared a note of the interview. The note
was as follows:
NOTE OF INTERVIEW WITH DR DAVID KELLY
I interviewed Dr Kelly about his letter dated
30 June to his line manager, Dr Bryan Wells, at 11.30 on Friday
4 July. Dr Wells was present. The interview ended at approximately
13:15.
I began by explaining to Dr Kelly that his letter
had serious implications. First, on the basis of his own account,
it appeared that he breached the normal standards of Civil Service
behaviour and departmental regulations by having had a number
of unauthorised and unreported contacts with journalists. Regardless
of the detail of what had passed, this opened up the possibility
of disciplinary action. Second, his unauthorised discussion with
Andrew Gilligan on 22 May appeared to be directly relevant to
the controversy surrounding allegations made by Gilligan about
the government's WMD dossier even if, as he had said in his letter,
this had not been the discussion described by Gilligan at the
FAC hearing.
I had two objects in the interview. First, I
was looking to form a view of whether there was evidence to suggest
that a sufficiently serious offence might have been committed
to warrant formal disciplinary action. If I so concluded, the
next step would be to initiate a formal fact-finding hearing in
accordance with departmental procedures at which he could be accompanied
by a colleague or TU representative if he so wished. Alternatively,
I might conclude that a lesser offence had been committed which
could be dealt with informally or that no offence had been committed.
Second, I wished to try to establish if his meeting with Andrew
Gilligan was likely to form the basis of evidence given by Gilligan
to the FAC about the WMD dossier.
Dr Kelly said that he understood this.
I then asked him briefly to clarify one or two
points in his letter which were not entirely clear before asking
him to explain more fully the account on the second page of his
dealings with journalists.
Dr Kelly said that he was widely known as an
expert on Iraqi WMD, not least because of his extensive experience
as a UN inspector. During his period with the UN he had often
been asked to act as an expert spokesman. Subsequently, he continued
to participate in many seminars and similar events concerning
this and related subjects. He was often approached by academics,
journalists and others operating in the field for background information
and technical advice at such events and, sometimes, outside them.
When a journalist approached him, he usually consulted the FCO
press office, but on occasions he used his own judgment as explained
in his letter.
I asked why he consulted the FCO press office
rather [than] the MOD. Dr Kelly said that his salary was paid
by the FCO. I said that was irrelevant - he was seconded to MOD.
I asked who had given him authority to exercise his own judgment
about contacts with journalists on defence related business, since
this was contrary to standing departmental instructions. Dr Kelly
said that he had never read those instructions, nor sought to
discover what guidance existed about contact with journalists.
He said that he had not really regarded his discussions [with]
journalists, academics etc as being about defence business but
as a continuation of his role as UN expert. I said that that was,
at best, extraordinarily naïve - journalists were not seeking
information out of academic interest but to construct stories.
It was important to know the context of their enquiries and any
particular sensitivities before speaking to them. I asked Dr Kelly
whether, for example, he knew that one of the other journalists
to whom he had spoken, was married to a member of the FAC. He
said he did not. This was an illustration of why people were required
to seek advice and permission from the press office before speaking
to journalists. It was also very important to report back after
contacts.
I then asked Dr Kelly to summarise his contacts
with Gilligan. He said that he had first met and spoken to Gilligan
at the IISS seminar on WMD in September 2002 which took place
just before publication of the government dossier. He was unaware
of having spoken to Gilligan previously, although it was possible
that they might both [have] been at other similar events without
being aware of each other. Gilligan had telephoned in February
2003 to say that he was going to Iraq and would like to meet for
some background briefing. I asked Dr Kelly why, given that there
was an interval of 24 hours before the meeting, he had not contacted
even the FCO press office. He said that he had regarded it as
non-sensitive because it was the sort of background that he would
have given to any academic or journalist.
Dr Kelly said his next contact with Gilligan
was in May. Gilligan rang him to offer feedback from his experiences
in Iraq. He had accepted, for the reasons set out in his letter.
They met on 22 May in the Charing Cross Hotel. [Dr Kelly later
said that the meeting took place about 1745 and lasted until approx
1830]. Gilligan took notes but did not appear to have a tape recorder
(although Kelly did not ask and there was no discussion of the
basis of the meeting). The vast bulk of the conversation was about
Iraqi individuals associated with WMD programmes, the course of
the war, and why WMD had not been used. In the course of the latter,
as recorded in his letter, Gilligan had raised the reference in
the September dossier to the possibility of weapons being deployed
in 45 minutes. Kelly had commented that this did not correspond
with any weapon system that he knew. Gilligan had asked why he
thought the claim had been included in the dossier. Kelly had
said that he had assumed that it was for impact. Although he did
not know what the claim was based on, it emphasised the immediacy
of the threat. [I have prepared a detailed comparison of Kelly's
account of his conversation with Gilligan's FAC evidence based
on the second part of the interview.] I asked why he had not even
reported the conversation afterwards, given the public debate
about the two government dossiers. Kelly repeated that the discussion
had not really been about the dossier and he had not said anything
controversial. Indeed, even after Gilligan made his allegations,
he had not made any association with their May 22 meeting. It
was only when a colleague remarked to him that some of the comments
attributed to Gilligan's source sounded similar to his own views
that he realised that others might make similar connections, which
was why he had written to his line manager. As he had said in
his letter, however, he did not believe that he could be Gilligan's
primary source because he had not made any allegations against
the government and his views also differed from those attributed
to the source in other ways.
At this point I asked Dr Kelly whether he was
confident that he had accurately reflected the meeting with Gilligan
and whether there was anything he had omitted about this other
meetings (sic). I stressed that whatever the actual significance
of anything he had said to Gilligan, their meeting could turn
out to be very important in relation to the public dispute between
the government and the BBC about Gilligan's claims. It might become
necessary to consider a public statement based on his account.
Gilligan's reputation was at stake and he would be bound to challenge
any inaccuracies - and I reminded Dr Kelly of the possibility
that he might have been tape-recorded. Dr Kelly said that he understood
this but stood by his account.
I said that I was prepared to accept his account
in good faith. On the basis of what his letter and what he had
said, it was clear that he had breached departmental instructions
on numerous occasions by having conversations with journalists
which had been neither unauthorised (sic) by or reported to the
MOD press office, although on most occasions he had consulted
the FCO press office. His contact with Gilligan was particularly
ill-judged. Even if he was not Gilligan's primary source, it had
had very awkward consequences both for him and the department,
much of which could have been avoided even if he had reported
the contact immediately afterwards. Someone who had dealt regularly
with the press in a previous capacity should have known better.
This was a potentially very serious matter. Nevertheless, I accepted
his assurance that there has been no malicious intent and there
appeared no reason to believe that classified material had been
revealed. On that basis, I judged that it would not be appropriate
to initiate formal disciplinary proceedings. I would, however,
write to him shortly to record my displeasure at his conduct.
I went on to instruct him to familiarise himself with departmental
guidance about dealings with the media, to report all contacts
to his line manager and never to agree to an interview without
explicit authority. Finally, I warned Dr Kelly that any further
breaches would be almost certain to lead to disciplinary action
and the possibility of disciplinary action could of course be
re-opened if further facts came to light that called his account
and assurances into question.
The second part of the interview was devoted
to a more detailed comparison of Dr Kelly's interview with Gilligan's
FAC appearance. I will summarise my conclusions - my detailed
analysis is appended. (Dr Wells also took notes.)
It is very difficult to reconcile Dr Kelly's
account of his May 22 discussion with the evidence given to the
FAC by Gilligan, if this is indeed all attributable to a single
source. Kelly's account is consistent with some aspects of the
FAC evidence and some of the discrepancies might be attributable
to exaggeration, misrepresentation or misunderstanding by Gilligan
and/or Kelly. Although Kelly admits to two comments that might
lend credence to a claim that the dossier had been "sexed-up",
he denies making such a claim and the related allegations which
Gilligan attributed to his 'single source' and Kelly was not involved
in the preparation of the intelligence part of the dossier. The
focus of the two discussions also appears different - the dossier
is only a small part of the Kelly discussion and Kelly specifically
denies telling Gilligan (or anyone else outside government) that
he had had any involvement with the dossier. Moreover,
some of the views attributed to the source appear directly contrary
to those expressed by Kelly.
There is also some evidence that does point to
the existence of a different source for these allegations. Some
aspects of Gilligan's description of his source do not properly
match Kelly (although exaggeration and misrepresentation to try
to protect the identity of the source are both possible.). And,
if Gilligan's answer to Q550 from the chairman is accurate, the
source is a member of the intelligence services, which cannot
be a description of Kelly. Another serious discrepancy is that
both Gilligan's FAC evidence and the original article suggest
that he had a discussion with his source in May 2002, several
months before he met Kelly.
Gilligan refers to four sources in the FAC session.
There does not have to be a fifth person. It is possible that
there is no single source and that the allegations are a collage,
to which Kelly's interview contributed but the specific allegations
about interference with the dossier come from somewhere else.
Another possibility is that there are really only three sources:
the "single source" might actually be one of the other
three sources referred to by Gilligan as providing different information.
If both Gilligan's and Kelly's accounts
are essentially truthful, perhaps the most likely supposition
is that Kelly appeared to provide broad collateral for Gilligan's
"single source" claims about the dossier, although not
for the specific allegations about political interference. During
his FAC hearing Gilligan talks about the "single source"
as the centre of his 45-minute story but comments that this is
supported by other evidence.
50. Dr Wells prepared a note of the interview
on 4 July which was as follows:
NOTES OF A MEETING ON DAVID KELLY'S MEETING
WITH ANDREW GILLIGAN - 4 JULY 2003
Mr Richard Hatfield, Personnel Director
Dr David Kelly, CPAC Special Adviser
Gilligan's evidence to the FAC
1. Hatfield said that he wanted to go
through the Transcript of Gilligan's evidence to the Foreign Affairs
Committee and ask Kelly whether he could have been the source
of what Gilligan said. He went through Gilligan's answers seriatim.
2. Q398 answer. Hatfield observed
that Gilligan's meeting with his source might match his meeting
with Kelly. In particular, the meeting had been Gilligan's initiative,
and the source was quite closely connected with the issue of Iraqi
WMD. Hatfield acknowledged that Kelly's account did not match
Gilligan's descriptions of the source as someone he had known
for some time, and that he had met several times and spoken on
the phone from time to time; but Gilligan could have been embellishing.
3. Q417. Hatfield observed that
the description of the source as a "British official who
was involved in the preparation of the Dossier" matched Kelly.
Kelly accepted this, but said that he had never acknowledged
his role in the Dossier to anyone outside Government, although
some might have guessed.
4. Q418 answer. Hatfield observed
that the description of the source as "longstanding"
and "one of the senior officials in charge of drawing up
the Dossier" did not match Kelly, but again Gilligan could
have been exaggerating.
5. Q449. Hatfield asked direct
if Kelly had ever said that the "45 minute" assessment
was put into the Dossier at a late stage (ie the week before publication,
as Gilligan had alleged). Kelly replied that he had not
been aware of the assessment (that some of Iraq's WMD could be
ready within 45 minutes of an order) until he read it in the published
version of the Dossier. He had not been involved in the final
preparations of the Dossier (he had not been in London during
August, but had been in September). The only late issue he had
been involved in was responding to a request on whether from his
perspective there was anything else to add to the Dossier. He
had suggested adding passages on smallpox, but this had not been
taken up. Hatfield double-checked - Kelly was saying that
he was not aware of the 45 minute assessment until it was published
and had no knowledge of the process by which it had been brought
into the Dossier. Kelly confirmed.
6. Q451 answer. Hatfield asked
again if Kelly was the source of the "allegations" about
the sexing-up of the Dossier. Kelly replied that he was
not.
7. Q453 answer. Hatfield asked
if Kelly had discussed (he had) (sic) discussed with Gilligan
the issue of Uranium being sought from Niger. Kelly said
he thought he had, but he was not involved in the issue and would
not have offered his own view (his own position was that he had
nothing other than the IAEA view). Hatfield asked again
in relation to Q454 answer: Kelly replied that he
did not (and would not have) offered the view that this assessment
was based on "unreliable information".
8. Q455. Hatfield asked again if
Kelly had been the source of the allegations about the "45
minute claim". Kelly reiterated that he was not.
9. Q457 answer. Hatfield asked
if there had been an exchange in which he identified Alastair
Campbell as the person from No.10 who had asked for the Dossier
to be changed to include the "45 minute claim". Kelly
said that he had not said anything like the quotation that Gilligan
attributed to the source: he did not have "wishes" in
relation to the contents of the Dossier.
10.Q461 answer. Hatfield asked
if the source's quote (that the "45 minute claim" had
confused conventional and CBW deployment times) reflected Kelly's
views. Kelly replied that he had no opinion on the "45
minute claim". He did not know what the original source was.
11. Q463 answer. Hatfield asked
if Kelly shared the source's view that Downing Street had spoiled
its case by exaggeration. Kelly replied that he had not
said that the Dossier was exaggerated. He had taken the line that
the threat from Iraqi WMD was current and specific.
12. Q478. Hatfield observed that
Kelly had already denied alleging that the 45 minute claim was
unreliable.
13. Q486 answer. Hatfield asked
if Kelly shared the source's views that weapons at 45 minutes
deployment would have been found by now because they could not
be deeply concealed. Kelly replied that this was not a
statement he would make.
14. Q511 answer. Hatfield asked
if Kelly was of the view that Iraq had not been able to weaponise
CBW. Kelly replied that this was not his assessment. Hatfield
asked if Kelly shared the source's views that it was 30% likely
that there had been an Iraqi CW programme in the 6 months before
the conflict. Kelly replied that he had no doubt that Iraq
had a CW programme, but this was the sort of assessment he might
make purely to weapons production. Hatfield probed: Gilligan
was specifically quoting his source - had Kelly used those actual
words? Kelly said that he had not, but accepted that it
could be an inaccurate summation of what he might have said. Hatfield
asked whether Kelly could have been the source of Gilligan's quotation
in the Q545 answer (that it was more likely that Iraq had
a BW programme, but that it was small). Kelly replied that
he would not have used those terms, but that the statement could
be a loose paraphrase of his views.
15. Q559. Hatfield observed that Kelly
did not match Gilligan's confirmation that his source was someone
in the intelligence services.
16. Q565 answer. Kelly observed that Gilligan's
description of the meeting's duration as being "a couple
of hours, perhaps, an hour and a half" did not match the
meeting he had been at: his strong recollection was that it had
been around 45 minutes.
17. Hatfield summed up. There appeared to be
consistencies between parts of Gilligan's testimony to the Foreign
Affairs Committee, and what Kelly says that he said to Gilligan.
In particular, the meeting was set up at Gilligan's initiative,
and Kelly had acknowledged that the statement that it was 30%
likely that there was a CW programme in the 6 months before the
conflict was consistent with his views. But there were significant
discrepancies. In particular, Kelly denied having any knowledge
of the "45 minutes claim" until after the Dossier was
published, and denied having any knowledge of the process by which
that assessment was included; he also denied giving any opinion
that the evidence that Uranium had been sought from Niger was
based on unreliable information. In addition, Kelly was not of
the view that Iraq had not been able to weaponise CBW. There were
other, minor inconsistencies with Gilligan's testimony: Kelly
had not met Gilligan "several times", was not "long-standing,
well-known" to Gilligan, and was not in the intelligence
services, but Gillian might well have wished to embellish. Hatfield
said that overall, his judgment was that if there were a single
source for Gilligan's information, then it was not Kelly. Kelly's
words may have been part of the background to Gilligan's stories,
but on the basis of what he had testified, he was satisfied that
Kelly was not the source of the most significant allegations.
51. On
4 July Sir Kevin Tebbit wrote to Sir David Omand, the Security
and Intelligence Co-ordinator and Permanent Secretary of the Cabinet
Office as follows:
ANDREW GILLIGAN AND THE SINGLE SOURCE
An official in the MOD had volunteered that he
had a discussion with Andrew Gilligan on 22 May, one week before
Gilligan's allegation about the interference in the production
of the September dossier and the '45 minute story'. He is an FCO
official seconded to the MOD's Proliferation and Arms Control
Secretariat, with a long history of authorised dealing with the
press in the course of his duties, though not in this case.
He was interviewed today by his line manager
and my Personnel Director for two hours. The official claims that
he met Gilligan to discuss Gilligan's experiences in Baghdad because
he believed it would be helpful to him in his own role as a BW
expert with long scientific/academic association with the Iraqi
weapons programme, past experience as a UN Inspector and an expectation
that he would be returning to Iraq to debrief Iraqis associated
with their WMD programme shortly. It would appear, from what he
had told us, that their discussion touched on some of the issues
subsequently referred to by Gilligan in the press in a number
of ways:
- in response to a question from Gilligan about
the failure of Iraq to use WMD and the inability to find them,
he said that conditions early in the war were not favourable and
that there were command and control problems subsequently, and
that the small arsenal of WMD remaining would be difficult to
find without human information;
- on the issue of the 45 minutes, raised by Gilligan,
he said that he did not know to what it refers (not having access
to the intelligence report);
- asked why it should be in the dossier, he said
that he replied "probably for impact";
- on the role of Alastair Campbell, he said he
was unable to comment (not being involved in the process).
My immediate reaction was that this must be the
"single source" to whom Gilligan referred to in his
testimony to the FAC as the origin of the story that the Government
exaggerated intelligence contained in the September dossier. Certainly,
his comments to Gilligan could have been incorporated into Gilligan's
29 May story. However, closer examination, following today's interview
suggests that this would not necessarily be a reliable conclusion.
A significant element of the information that Gilligan attributes
to this source in his FAC testimony would not have been known
to this individual: he was not, for example, involved in, or claims
to have been involved in, the intelligence component of the dossier
or the process of the dossier's compilation. There are also discrepancies,
over the circumstances of the meeting, the length of their relationship,
and, indeed, about the nature of the individual: Gilligan claims
that this source was a senior official in charge of drawing up
the dossier. This official - although an acknowledged expert on
Iraqi WMD - patently was not so involved; nor does he subscribe
to views attributed to Gilligan's source.
So, there are three possibilities:
(a) that Gilligan has embellished this official's
meeting with him, but that he is the 'single anonymous source';
(b) that Gilligan's source is someone else;
(c) that no one 'source' exists and is in fact
a hotchpotch of comments from numerous individuals and articles.
In the case of (a), we would have the strongest
possible reason for publicly correcting the misrepresentation
made by Gilligan in the interests of factual accuracy. However,
we do not have sufficient evidence to reach such a conclusion
with any degree of safety. The official himself is adamant that
he is not the single source. Were we to accuse Gilligan and the
BBC of misrepresenting the official's remarks, it would be easy
for Gilligan to claim that his source was someone else and that
the Government was pursuing a vendetta.
For these reasons, I do not recommend that we
use what the official has told us to seek to correct the public
record further.
I do, however, believe it necessary to have defensive
material available should the story leak. Of this there must be
a possibility. The official himself says he came forward, not
because he considered that he was the source of Gilligan's information,
but because a contact in RUSI suggested that Gilligan's evidence
to the FAC looked as if it drew on the sort of comments he might
make about Iraq's CW and BW capability. In general, there must,
therefore, be some speculation already. Contingent lines have,
therefore, been prepared by officials here. These are enclosed.
[The contingent lines, which appear from the enclosure to the
letter to have been a press statement, are set out in appendix
4].
I should add that the official has clearly breached
the MOD's rules about unauthorised contact with the media. There
is no reason to suspect a breach of the OSA [Official Secrets
Act] or compromise of security information, but discipline is
being reinforced.
I am copying this letter to Andrew Turnbull,
David Manning (No.10), Michael Jay (FCO), Eliza Manningham-Buller
(Security Services) and John Scarlett (JIC).
52. On the evening of Thursday 3 July Mr
Hoon telephoned Mr Jonathan Powell, the Prime Minister's Chief
of Staff and told him that an official had come forward to say
that he had spoken to Mr Gilligan. Later on that evening in the
course of a general conversation on the telephone with the Prime
Minister, who was in the North West of England, Mr Powell passed
on to the Prime Minister the information about an official having
come forward. On the afternoon of Friday 4 July Sir David Manning,
Head of the Overseas and Defence Secretariat of the Cabinet Office,
held a meeting in his office in 10 Downing Street with Sir David
Omand, Mr Powell and Mr John Scarlett, the Chairman of the Joint
Intelligence Committee, to discuss the course of action which
should be followed in light of the knowledge that an official
had come forward to say that he had spoken to Mr Gilligan.
53. On 5 July Sir Kevin Tebbit sent a further
letter to Sir David Omand in which he wrote:
ANDREW GILLIGAN AND THE SINGLE SOURCE
Since my letter to you yesterday afternoon, there
has been a further development which points more strongly to our
official as being the "source" for the Gilligan allegation
about the dossier (albeit with plenty of room still for the possibility
of embellishment from other sources and misrepresentation by the
journalist).
Today's Times carries an article by Tom Baldwin
which contains further hints as to Gilligan's informant. There
are three new pointers, specifically:
- "BBC journalists have been told that Mr
Gilligan's anonymous source is among the 100 British intelligence
and weapons specialists currently in Iraq as part of the ISG";
- "Attempts to contact
. source in
the past month to ask supplementary questions has proved unsuccessful
because of the nature of his position";
- Asked if now based abroad the executive replied
"Something like that".
Although the official is not in Iraq at present
I understand that he was there recently, after his conversation
with Gilligan on 22 May and was planning to visit again later
this month as an expert helping with the work of the Iraq Survey
Group searching for WMD. The fact that the BBC are uncertain of
his precise whereabouts, is consistent with the official's statement
at the MOD's interviews yesterday that he has had no contact with
the BBC since 22 May. Gilligan will have been aware of his general
plans to visit - the official states that this was the reason
why he agreed to meet Gilligan in the first place - but the cutting
of contact since then would explain the BBC's lack of precision
in their knowledge about the exact timings of his presence in
Iraq itself.
There remain many discrepancies between Gilligan's
account of what he claims to have been told by the official and
the official's own version of what transpired. We still cannot
exclude the possibility that the main source, or other sources,
are elsewhere. But it may be possible to explain and reconcile
at least some of the mismatches. An official who denies having
had access to the intelligence reporting or a hand in the production
of the intelligence part of the dossier, as the official does,
may nevertheless have said enough based on his expert knowledge
of the earlier Iraqi programme, for someone of Gilligan's methods
to claim that the official discredited the "45 minutes"
intelligence eg by stating that such a high level of readiness
did not correspond to the Iraqi systems of which he was aware.
Records of the MOD's interview with the official
are still being prepared. I have asked that they be forwarded
to us as soon as possible. But I wanted you and colleagues to
be aware of this development immediately. The Times story today,
whether accurate or not, will increase the likelihood that over
the weekend other journalists will indeed identify and name the
BBC's source as our official. (He is as I indicated in my earlier
letter well known in media/academic circles).
There are also considerations, as we discussed
yesterday, whether the Foreign Affairs Committee Chairman should
be informed of what we now know, however inconclusive, before
their report is published on Monday. And there is the question
of whether this plays into the continuing impasse between the
Government and the BBC.
I am copying this letter to Andrew Turnbull,
David Manning (No.10), Michael Jay (FCO), Eliza Manningham-Buller
(Security Service) and John Scarlett (JIC).
54. On 6 July Sir David Omand sent a letter
to Sir Kevin Tebbit (dated 5 July) which Sir Kevin received on
Monday 7 July in which Sir David wrote:
ANDREW GILLIGAN AND THE SINGLE SOURCE
Thank you for your letter of Friday afternoon.
I discussed the contents with Jonathan Powell, David Manning and
John Scarlett that evening. We recognised that at least part of
the explanation of the Gilligan story could rest on the discussion
he had had with the official who has now come forward. At the
appropriate point it would be incumbent upon us to inform the
FAC (and the ISC) so that they were not placed in a false position.
But we also noted your caveat about the need to be more certain
of the facts before reaching any firm conclusion, given certain
apparent discrepancies. The Prime Minister subsequently saw your
letter and spoke to Jonathan Powell, and as I relayed to you,
he agreed that as you had recommended no immediate action should
be taken to try to correct the record with the FAC or with the
BBC until we were more sure of our ground.
The Prime Minister asked for a deeper analysis
of what the official has actually said, read against the account
Gilligan himself has given the FAC and other statements by the
BBC. You agreed to put this in hand, in the light of the record
being prepared by Richard Hatfield. When we spoke later yesterday
evening, we recognised that it might be necessary for the individual
to be re-interviewed on Monday.
Your follow-up letter on Saturday has also been
seen by the Prime Minister, who was grateful for the further information
in it. He discussed the options with me on Sunday morning. I was
able to pass on to him the view of the Foreign Secretary, relayed
to me by the FCO Resident Clerk on Saturday evening, against any
immediate action with the FAC in advance of the publication of
their report on Monday (their Report is complete and some members
of the Committee are now abroad). The Prime Minister concluded
that notwithstanding the further circumstantial details in your
second letter he agreed with your recommendation that there were
still too many unknowns for us to approach the FAC now. But we
may need to react quickly if the meeting of BBC Governors tonight
or comment on the FAC Report changes the position. As I reported
to you this afternoon the PM is appearing before the Liaison Committee
on Tuesday and you will need to submit updated advice for that
appearance in any case.
We agreed that you will circulate the detailed
account of the first interview as soon as possible, and consider
whether to reinterview the individual on Monday. I should add
that the Prime Minister was minded to ask that the ISC be fully
briefed in confidence on the case - the timing we can consider
in the light of your further advice.
I am copying this letter to Andrew Turnbull,
David Manning and Jonathan Powell, Eliza Manningham-Buller and
John Scarlett, and to the Private Secretary to Michael Jay (whom
you contacted yesterday).
55. In the course of Saturday and Sunday
5 and 6 July, a number of these senior officials had discussions
on the telephone with each other as to the course which should
be followed and some of them also had telephone conversations
with the Prime Minister. In addition Mr Hoon and Mr Alastair Campbell
had discussions on the telephone (see paragraph 307).
Back to Top
The special meeting of the BBC
Governors on Sunday 6 July 2003 and the telephone conversation
between the Prime Minister and Mr Gavyn Davies on Monday 7 July
2003
56. On the evening of Sunday 6 July at 6.30pm
there was a special meeting of the BBC Governors to consider (inter
alia) the issues arising from Mr Gilligan's reports on the Today
programme on 29 May 2003. I shall return to consider this meeting
in greater detail at a later stage in this report. After the meeting
Mr Gavyn Davies, the Chairman of the BBC issued the following
statement:
The BBC Board of Governors met this evening [Sunday
6 July 2003] to discuss the allegations made by Alastair Campbell
against the BBC's overall coverage of the Iraq war, and its specific
coverage of the September intelligence dossier by Andrew Gilligan
in the Today programme.
The Governors questioned Greg Dyke, the Director-General,
and Richard Sambrook, the Director of News, about Mr Campbell's
allegations. The Board reached the following conclusions.
First, the Board reiterates that the BBC's overall
coverage of the war, and the political issues surrounding it,
has been entirely impartial, and it emphatically rejects Mr Campbell's
claim that large parts of the BBC had an agenda against the war.
We call on Mr Campbell to withdraw these allegations
of bias against the BBC and its journalists.
Second, the Board considers that the Today programme
properly followed the BBC's Producers' Guidelines in its handling
of the Andrew Gilligan report about the September intelligence
dossier, which was broadcast on 29 May.
Although the Guidelines say that the BBC should
be reluctant to broadcast stories based on a single source, and
warn about the dangers of using anonymous sources, they clearly
allow for this to be done in exceptional circumstances. Stories
based on senior intelligence sources are a case in point.
We note that an entirely separate story was broadcast
by an unconnected BBC journalist on Newsnight on 2 June. This
story reported very similar allegations to those reported by Andrew
Gilligan on the Today programme, but the story has not been singled
out for similar criticism by government spokesmen.
Moreover, as these reports fitted in to a general
pattern of concern, conveyed to a number of BBC journalists with
good contacts in the security services, we consider that it was
entirely proper to reflect some unease about the presentation
of the Government's arguments in the disputed dossiers.
The Board is satisfied that it was in the public
interest to broadcast Mr Gilligan's story, given the information
which was available to BBC News at the time. We believe it would
not have been in the public interest to have suppressed the stories
on either the Today programme or Newsnight.
Third, the Board considers that the Today programme
should have kept a clearer account of its dealings with the Ministry
of Defence on this story and could have also asked the No 10 Press
Office for a response prior to broadcasting the story.
However, we note that firm government denials
of the story were broadcast on the Today Programme within 90 minutes
of the original broadcast by Andrew Gilligan, and these were followed
soon after on the same programme by equally firm denials by a
defence minister.
Fourth, the Board intends to look again at the
rules under which BBC reporters and presenters are permitted to
write for newspapers, once it has received recommendations from
the Director of News. This examination will be conducted during
the summer.
Finally, the Board wishes to place on record
that the BBC has never accused the Prime Minister of lying, or
of seeking to take Britain into war under misleading or false
pretences.
The BBC did not have an agenda in its war coverage,
nor does it now have any agenda which questions the integrity
of the Prime Minister.
In summary, the Governors are ultimately responsible
for ensuring that the BBC upholds the highest standards of impartiality
and accuracy. We are wholly satisfied that BBC journalists and
their managers sought to maintain impartiality and accuracy during
this episode.
Early on the morning of 7 July between 7 a.m. and
8 a.m. the Prime Minister and Mr Gavyn Davies had a private telephone
conversation at the request of the former. The discussion was
an amicable one in which each expressed his point of view on the
dispute which had arisen between the Government and the BBC but
they were unable to reach agreement.
Back to Top
The FAC Report dated 7 July 2003
57. On the morning of Monday 7 July the
FAC issued their report on The Decision to go to War in Iraq.
At the commencement of their report they set out their Conclusions
and Recommendations which included the following:
9. We conclude that the 45 minutes claim did
not warrant the prominence given to it in the dossier, because
it was based on intelligence from a single, uncorroborated source.
We recommend that the Government explain why the claim was given
such prominence. (Paragraph 70)
11. We conclude that Alastair Campbell did not
play any role in the inclusion of the 45 minutes claim in the
September dossier. (Paragraph 77)
12. We conclude that it was wrong for Alastair
Campbell or any Special Adviser to have chaired a meeting on an
intelligence matter, and we recommend that this practice cease.
(Paragraph 79)
13. We conclude that on the basis of the evidence
available to us Alastair Campbell did not exert or seek to exert
improper influence on the drafting of the September dossier. (Paragraph
84)
14. We conclude that the claims made in the September
dossier were in all probability well founded on the basis of the
intelligence then available, although as we have already stated
we have concerns about the emphasis given to some of them. We
further conclude that, in the absence of reliable evidence that
intelligence personnel have either complained about or sought
to distance themselves from the content of the dossier, allegations
of politically inspired meddling cannot credibly be established.
(Paragraph 86)
15. We conclude that without access to the intelligence
or to those who handled it, we cannot know if it was in any respect
faulty or misinterpreted. Although without the Foreign Secretary's
degree of knowledge, we share his confidence in the men and women
who serve in the agencies. (Paragraph 90)
16. We conclude that the language used in the
September dossier was in places more assertive than that traditionally
used in intelligence documents. We believe that there is much
value in retaining the measured and even cautious tones which
have been the hallmark of intelligence assessments and we recommend
that this approach be retained. (Paragraph 100)
17. We conclude that continuing disquiet and
unease about the claims made in the September dossier are unlikely
to be dispelled unless more evidence of Iraq's weapons of mass
destruction programmes comes to light. (Paragraph 108)
26. We recommend that Andrew Gilligan's alleged
contacts be thoroughly investigated. We further recommend that
the Government review links between the security and intelligence
agencies, the media and Parliament and the rules which apply to
them. (Paragraph 154) [152].
Back to Top
Communications and discussions
within the Government in respect of Dr Kelly, 7 and 8 July
58. On the morning of Monday 7 July Mr Scarlett
sent the following note to Sir David Omand:
ANDREW GILLIGAN AND THE MOD SINGLE SOURCE
I agree with Kevin Tebbit's letter of Saturday
that the finger points strongly at David Kelly as Gilligan's source.
I have been through the Gilligan/FAC transcript again. I attach
copies of two pages in particular which seem to make it clear
that Gilligan has only talked to one person about the September
dossier. If he could have referred to any corroborating information
he would have done so. If this is true, Kelly is not telling the
whole story.
Gilligan must have got the 45 minute single intelligence
report item from somewhere, presumably Kelly. Conclusion: Kelly
needs a proper security-style interview in which all these inconsistencies
are thrashed out. Until we have the full story, we cannot decide
what action to take. I think this is rather urgent. Happy to discuss.
59. Further meetings took place in 10 Downing
Street on Monday and Tuesday 7 and 8 July to discuss the course
to be followed in the light of Dr Kelly having come forward, and
the Prime Minister was present at some of these meetings.
60. On 21 July 2003 Sir David Omand made
a note for the record which was as follows:
MEETINGS IN THE PRIME MINISTER'S STUDY, 7
AND 8 JULY 2003
1. I was pulled out of a CMPS [Centre for Management
and Policy Studies] lecture at 09.15 on Monday morning, 7 July,
with a request to go straight to No.10. I joined a discussion
in progress in the PM's study, with the PM, Foreign Secretary,
David Manning, Jonathan Powell, Nigel Sheinwald, Sally Morgan.
John Scarlett and Kevin Tebbit arrived a little late. Alastair
Campbell was also present for part of the meeting.
2. The main subject was discussion of the FAC
Report about to issue. There were various advance copies in the
room. Lines to take were being prepared. It was noted that the
FAC had split largely on party political lines, as the Appendices
to the Report showed.
3. There was also a review of the weekend decision
not to inform the FAC before the publication of their Report that
Dr Kelly had come forward to say that he had met Mr Gilligan.
Kevin Tebbit ran over the ground he had covered in his two letters
(of Friday 4 and Saturday 5 July). There was some questioning
from the PM about what we knew about Dr Kelly, and whether we
could find out more about his views. Kevin Tebbit agreed to report
back. Kevin Tebbit warned that Dr Kelly was an expert on Iraqi
WMD and if he was summoned to give evidence some of it might be
uncomfortable on specifics such as the likelihood of there being
weapons systems being ready for use within 45 minutes. But he
believed from what he had said to Richard Hatfield that Dr Kelly
had no doubts that there were Iraqi WMD programmes being concealed
from the inspectors. Kevin Tebbit also expressed the view that
we would have to face up to the fact that Dr Kelly's name was
likely to become public at some point soon, given the number of
people he would have talked to. MOD were preparing contingency
statements just in case.
4. There was complete agreement that the inconsistencies
in Dr Kelly's story needed to be subject to more forensic examination,
and that MOD ought to be considering re-interviewing him. Kevin
Tebbit said that MOD were considering calling him back from a
conference he was at in order to talk to him again. He reiterated
that Dr Kelly had come forward of his volition, and that as far
as MOD was concerned there was no question of any offence having
been committed under the Official Secrets Act. Dr Kelly's continued
co-operation was therefore essential. The Prime Minister made
it clear that MOD should continue to handle the case properly,
and should follow whatever internal procedures were normal in
such cases.
5. John Scarlett and I were in a videoconference
[*****] when we were asked to see the PM. I reported orally on
further information received from the MOD to the effect that the
re-interview had confirmed the earlier story as reported by Kevin
Tebbit in his letter on Saturday. It looked as if the main explanation
for the Gilligan story of a single source was Dr Kelly, but that
Mr Gilligan may well have heavily embellished the conversation,
or be drawing on other uncited sources, for the controversial
parts of his story.
6. There was discussion (which I may have initiated)
of the difficulty that Government witnesses before the ISC would
be in if, as was very likely, they were asked whether we had a
clue as to the identity of the Gilligan source. I said I would
have to reply that we did have someone who had come forward -
we could not attempt to cover up this important fact. And I was
uneasy that we could be accused of a cover up if we did not tell
the FAC, subject to whatever came out of a re-interview. I suggested
that we should write to the Chairman of the ISC to tell them that
an MOD official had come forward, and thus enable them to interview
the individual if they thought fit. We could provide the actual
name in confidence. The ISC took evidence in private, so confidentiality
could be maintained. If we wrote to the FAC (which the FAC might
feel was appropriate given that they had just completed a report
on the subject) then this could be read as an invitation by them
to summon Dr Kelly. We all agreed that the ISC was the proper
forum for investigation of this lead, and not the FAC. But the
Prime Minister made clear that if, as he suspected, the FAC insisted
on calling Dr Kelly to give evidence then we could not in conscience
order him not to appear given the relevance of the information
he had given us to the FAC's own inquiry. It was accepted at the
meeting that copying any ISC letter to the FAC would be tantamount
to a public statement, and therefore we should make public in
a straightforward way the letter to the ISC. I agreed to write
the letter given my position as Security and Intelligence Co-ordinator.
MOD would draft with the Cabinet Office. I would make the ISC
aware of the actual name of Dr Kelly separately and in confidence.
7. There was also discussion, briefly, of whether
the BBC should be informed in advance that a public announcement
of an MOD official coming forward was about to be made. We felt
there should be, as a courtesy. There was reference to an idea
(possibly from MOD) that Mr Hoon should write to either the DG
or the Chairman of Governors of the BBC, and after some discussion
it was felt that the Chairman was the appropriate person given
the Governors' meeting later that evening. It was felt that it
would be fair to Dr Kelly to give the BBC the chance to clear
his name but it was unreasonable to press the BBC to go further
and reveal the name of their source if it was not Dr Kelly. We
were clear that they would not do that.
8. Immediately after the meeting at about midday
I went to see the Clerk to the ISC, and explain that I was minded
to write to the Chairman in those terms. The Clerk expressed some
concern, saying that the ISC would not want to be put in a position
publicly of having to see an individual; they would make their
own mind up on the progress of their inquiry. He was sure that
Ann Taylor would not want to break the Committee rule that they
were not giving a public commentary on the progress of their inquiry,
and a publication of a letter from me to her might be seen as
just that. I then had to leave immediately for Heathrow airport
for an official visit to Ottawa. I was informed by telephone that
Ann Taylor had confirmed she definitely did not want to receive
any letter that was going to be made public. There was confirmation
that she however would be prepared to see a reference to the ISC
possibly interviewing the individual, if that came at the end
of a press statement from Government.
61. Also on 21 July 2003 Mr John Scarlett
made a note which was as follows:
AIDE-MEMOIRE: MEETINGS AT WHICH I WAS PRESENT
Approx 1800: DO [David Omand], DM [David Manning],
JSc [John Scarlett], JP [Jonathan Powell]. DO and JSc report from
Kevin Tebbit that an MOD official has come forward. Name given.
Sounds like Gilligan's source. Noted that normal MOD personnel
procedures must be followed and appropriate legal advice taken.
Need to think about whether BBC Governors and/or FAC (both of
whom deliberate or report in the next three days) should be informed.
JP to report to PM [Prime Minister].
0900: 10 minute meeting, PM with JP and JSc.
Brief discussion of whether Dr K [Dr Kelly] could be the source.
PM states that it must be handled according to proper MOD and
Civil Service procedures. We need to know more before deciding
next steps.
0930: PM meeting with JP, J Straw [Jack Straw],
JSc, DO, DM, NS [Nigel Sheinwald], TK [Tom Kelly], AC [Alastair
Campbell], SN [Sally Morgan], KT [Kevin Tebbit]. Main purpose
to discuss FAC report. Brief discussion of MOD source. If he appeared
before a Committee, would he be likely to support or otherwise
the Government position? JSc to seek advice from MOD. Was he or
was he not the source? No further decision possible without knowing
more about his contact with Gilligan. KT asked to arrange a further
interview as soon as possible. On leaving meeting KT to issue
instructions for Dr K to come to London for interview.
0815: PM internal meeting to prepare for Liaison
Committee. JP, AC, JSc, CS [Claire Sumner], CR [Catherine Rimmer],
J Straw, DM, MR [Matthew Rycroft], TK (not all at once as I recall).
At end PM wonders what to say if LC [Liaison Committee] asked
about leak inquiries. Does PM have any idea about source? PM anxious
not to be misleading if some kind of statement likely later in
the day or next day. Eventually conclude that he must not trail
a possible statement about anyone coming forward. He would reply,
if asked, that we were taking the possibility of leaks seriously
and looking at this in the normal way.
Circa 1145: PM meeting. DO, JSc, DM, JP, AC.
Discussed informing ISC. SDO to send letter, JSc to draft. Do
not want to involve FAC but if name becoming public they would
be bound to ask to interview him. Agreement that the issue would
inevitably become public. We were already open to criticism for
not coming clean about the existence of a possible source. Not
much time left. Also discussion of a letter from GH [Geoff Hoon]
to Chairman BBC Governors.
1330: PM meeting. JP, JSc, AC, TK. Discussed
draft letter to ISC. Word received from Ann Taylor that she does
not want to receive it. Do press statement instead. Decide to
draft press statement with separate private letter from GH to
BBC Chairman giving the name. Discussion of how BBC will react
(will they be ready to discuss this in businesslike way). If Dr
K name becomes public will Government be criticised for putting
him under "wider pressure"? PM repeats that MOD must
remain in charge and follow their procedures.
62. At a meeting in 10 Downing Street on
7 July at which the Prime Minister and the Foreign Secretary,
Mr Jack Straw MP, were present it was decided that Dr Kelly should
be further interviewed to find out more about what he had said
to Mr Gilligan. Mr Dominic Wilson, the Private Secretary to Sir
Kevin Tebbit sent Mr Hatfield the following minute which was also
sent to Mr Martin Howard and Dr Wells. The minute was dated 8
July but it was drafted by Mr Wilson on 7 July and was read over
to Mr Hatfield before the interview with Dr Kelly on that day.
The minute was as follows:
GILLIGAN: INTERVIEW WITH DR KELLY
PUS was grateful for your minute of 7 July and
record of your discussions with Dr Kelly.
2. What is now needed is a more intensive interview
with Kelly. The objective would be to establish what transpired
between him and Gilligan, with a reliability that will stand up
to the intense glare of public scrutiny. The core issue in this
respect is whether it was Kelly who alleged that the 45 minute
intelligence was inserted into the dossier against the wishes
of the intelligence community and at the behest of the Government
in general and Alastair Campbell in particular.
3. PUS believes that this must be pinned down
as clearly as possible because of the continuing problem with
the BBC and the FAC's recommendation that Gilligan's contacts
should be investigated. It should also be in Kelly's own interest
for this to occur, given that at least one of his colleagues has
already speculated that he could indeed be Gilligan's 'single
anonymous source' and Kelly's own view (as we understand it) that
this would be a misrepresentation of the position.
4. Against this background I understand that
arrangements have been made for the further interview to be carried
out by you and addresses (sic) at 1600 today. The PUS would like
to consider in the light of this whether to recommend a public
announcement. The key issues will be:
a. a judgment of the probability that Kelly is
in (sic) the principal source of Gilligan's allegations - wittingly
or otherwise (and the credibility of alternative explanations);
b. Kelly's readiness to be associated with a
public statement that names him and carries a clear and sustainable
refutation of the core allegation on the '45 minute' intelligence;
c.our view about the robustness of the rest
of his position, including on Iraq's WMD programmes generally.
5. In all this PUS remains concerned to ensure
that Dr Kelly's rights are respected - it is important that he
understands he is cooperating voluntarily. There is also the different
angle that in the event that it becomes evident that he may have
divulged classified or privileged information contrary to the
position so far, proceedings would need to be stopped immediately
to avoid prejudicing any case that might then need to be brought.
Back to Top
Press statements by Mr Alastair
Campbell and the BBC on 7 July 2003
63. On Monday 7 July Mr Alastair Campbell
issued the following press statement:
I am very pleased that the FAC (Foreign Affairs
Select Committee) inquiry has found that the allegations made
against me broadcast by the BBC are untrue.
These allegations were that I was responsible
for the insertion of the 45-minute intelligence into the WMD (weapons
of mass destruction) dossier, against the wishes of the Intelligence
Agencies, whilst probably knowing it to be wrong.
This was then repeated over five weeks. These
allegations are all false as the FAC has found. Indeed, even Sir
John Stanley has said on this, the BBC was wrong.
I want to make it clear yet again that I fully
respect the independence of the BBC.
There can be a dispute between us as to whether
they should ever have run the original story.
But surely there can be no dispute that the allegations,
whether or not sources, are untrue.
Even now, all that I ask is that the BBC accept
this, and I note that at no point did the BBC Governors in their
statement last night claim that the story was true, merely that
the BBC were within their rights to run it. This issue - the truth
of the claims - is the only issue, and the one that the BBC should
be addressing.
I am saddened that, for whatever reason and despite
overwhelming evidence, they still refuse to admit that the allegations
they broadcast were false.
On 7 July the BBC also issued the following press
statement:
The BBC believes today's report from the Foreign
Affairs Committee justifies its decision to broadcast the Today
programme story of 29 May and the Newsnight story of 2 June and
shows that both were in the public interest.
In particular, we believe the decision to highlight
the circumstances surrounding the 45 minute claim has been vindicated.
We would point to the unanimous conclusion of
the Foreign Affairs Committee in paragraphs 70 and 71, which says:
"We conclude that the 45 minute claim did
not warrant the prominence given to it in the dossier, because
it was based on intelligence based on a single uncorroborated
source. We recommend that the Government explain why the claim
was given such prominence."
The committee continues: "We further recommend
that in its response to this report, the Government set out whether
it still considers the September dossier to be accurate in what
it states about the 45 minute claim, in the light of subsequent
events."
It is because of BBC journalism that the problems
surrounding the 45 minute claim have come to light and been given
proper public attention.
We note that the committee was deeply divided
on the role Alastair Campbell played in the compilation of the
September dossier and only reached a decision which supported
his position on the casting vote of the Labour chairman. We also
note that not all the Labour MPs on the committee supported this
decision.
We also consider it important, in the context
of our reporting, that in paragraph 100 the committee says unanimously:
"The language used in the September dossier
was more assertive than that traditionally used in intelligence
documents."
And in paragraph 107, the committee says: "We
conclude that the continuing disquiet and unease about the claims
made in the September dossier are unlikely to be dispelled unless
more evidence of Iraq's WMD programmes come to light."
We are pleased that Alastair Campbell said this
morning that his complaint is about one story only and was no
longer an attack on the whole of the BBC's journalism or coverage
of the war.
On whether or not it was right for the BBC to
broadcast the Today programme story on 29 May, the BBC will have
to agree to disagree with Mr Campbell. The Foreign Affairs Select
Committee makes no comment on this.
Back to Top
The MoD interview with Dr Kelly
on 7 July 2003
64. On Monday 7 July Dr Kelly was attending
a course of pre-deployment training at the RAF station at Honington
in Suffolk prior to leaving for Baghdad later that week. Dr Kelly
was asked to return to London to be interviewed and he was interviewed
on the afternoon of 7 July by Mr Hatfield and Mr Howard in the
presence of Dr Wells. On 8 July Mr Hatfield wrote to Sir Kevin
Tebbit as follows:
DR DAVID KELLY AND ANDREW GILLIGAN
1. I saw Dr Kelly again yesterday afternoon in
company with Martin Howard and Bryan Wells.
2. As I told you last night, there was no change
in the essentials of his story and in particular he stoutly maintains
that, as in his original letter, he did not make accusations about
the dossier and, in particular, did not suggest that any material
had been added by Downing Street. Some of his other replies suggested
that he had become rather more concerned that some of his background
comments might have been regarded by Gilligan as providing collateral
for his thesis and may well have been incorporated with information
from other sources. As Kelly himself put it, "I am beginning
to realise that I might have been led on!"
3. I made it clear to Dr Kelly that, given the
FAC outcome and particularly the recommendation to try to follow
up Gilligan's contacts, it was likely that the MOD would have
to reveal that someone had come forward to admit talking to Gilligan.
I said that I did not think that it would be necessary to reveal
his name or to go into detail beyond indicating that the account
given to us did not match Gilligan's PAC account, at least initially.
It was, however, quite likely that his name would come out, not
least because speculation about the nature of the source (eg the
Times of 5 July 2003) might lead in his direction. It was also
possible that, depending on further developments, the FAC might
seek to call him as a witness. It was therefore very important
that he should tell us if there was anything that he had omitted
or was unsure about. Dr Kelly confirmed that there was nothing
that he wanted to change or add. He also agreed that the attached
draft press statement accurately reflected his position and that
he would stand by it if questioned. I gave him a copy and said
that we would try to give him advance warning of any announcement
but circumstances might make this impossible. (I re-confirmed
this understanding on the telephone this morning, when agreeing
that he could complete his training at RAF Honington today).
4. I also attach a slightly updated version of
my comparative analysis which reflects clarifications to some
of the detail as a result of the second interview with Kelly.
I have also tidied up serials 2 and 3, where my original comment
was slightly misleading. Kelly first remembers speaking to Gilligan
at the IISS seminar in September 2002 in a coffee break but his
two arranged meetings with Gilligan were both this year, in February
and May, before and after Gilligan's trip to Iraq. On reflection,
the discrepancy with Gilligan's evidence to the FAC that he had
not seen his contact face to face for 'about a year' is even greater.
If the contact is Kelly this would mean that Gilligan was overlooking
the meeting this February, as well as referring to a meeting which
appears to have taken place in May 2002 before Kelly had met him.
65. The draft press statement attached to
Mr Hatfield's letter of 8 July was as follows:
An individual working in the MOD has volunteered
that he met with Andrew Gilligan on 22 May to discuss Gilligan's
experiences as a correspondent in Iraq. This was one week before
Gilligan's story claiming that the September 2002 Iraq dossier
had been "sexed up". The account of the meeting given
by this official does not match the account given by Gilligan
to the Foreign Affairs Committee of his "single source".
The official has told up that he made no allegations or accusations
about the dossier and, in particular, did not suggest that any
material had been added to the dossier by Alastair Campbell or
Downing Street against the wishes of the intelligence community.
He is not a member of the Intelligence Services or the Defence
Intelligence Staff.
This discussion was not authorised in accordance
with departmental guidance for contact with the media. This is
being dealt with appropriately by line management.
There is no reason to suspect that a breach of
security is involved.
66. Dr Wells made the following note of
the meeting:
NOTES OF A MEETING ON DAVID KELLY'S MEETING
WITH ANDREW GILLIGAN - 7 JULY
Mr Richard Hatfield, Personnel Director
Dr David Kelly, CPAC Special Adviser
1. Hatfield started by saying that he
wanted the meeting to cover two issues. The first was to follow
up the discrepancies between Gilligan's account of the meeting
with his source, and Kelly's account of his meeting with Gilligan.
The second issue was that MOD may wish to make a public statement,
and he wished to discuss that with Kelly. The meeting was structured
to follow Hatfield's comparative analysis circulated under his
minute of 8 July to PS/PUS.
2. Serials 2 and 3. Hatfield
said that Kelly had described the IISS Seminar in September 2002
as being the first time that he had consciously met Gilligan.
Hatfield probed whether Kelly had indeed never met Gilligan before.
Kelly
replied that he could not recall having spoken to Gilligan before
then. They certainly had not had a meeting or a purposeful discussion.
Hatfield
probed further; surely Kelly could not have forgotten such a meeting.
Kelly
replied that he could not recall one.
3. Hatfield
then asked about the meeting between Kelly and Gilligan in February
2003. Kelly
replied that the meeting was held at the Charing Cross Hotel and
lasted for 45 minutes to 1 hour. It had taken place at Gilligan's
suggestion. He could not recall having had any further contact
until May.
4. Howard asked whether Kelly talked to
journalists a lot. Kelly
replied that he would have people contact him 3-4 times a week.
Many of the calls were quite simply asking technical details.
Howard
commented that a non-technical discussion with Gilligan would
therefore have stuck out.
5. Serials 4 and 5. Hatfield
asked Kelly to describe in detail his involvement in the government's
dossier of September 2002. Kelly
said that to his recollection the idea of a dossier arose in April
2002. He had drafted his contributions (described in his letter
of 30 June) during May and June 2002. He then recalled that the
subject went into limbo. He was on leave for two weeks in August
and then on duty in New York and consequently was not involved
in any work during that month. His only subsequent involvement
was when he was asked by DIS (in September) to look at the passages
on biological weapons and consider whether anything extra could
be added. He had suggested including a discussion of Smallpox,
but that was subsequently rejected on the grounds of there being
inadequate intelligence. That was the sum of his involvement.
Howard
asked if he had [been] contacted in order to check textual amendments.
Kelly
replied that he had not. Howard
also asked if Kelly had discussed the dossier with DIS staff.
Kelly
replied that he could not recall any in depth discussion. He recalled
that there had not in any case been much discussion of the dossier
at the time. He reminded the meeting that he had never acknowledged
outside Government that he had contributed to the dossier.
6. Serial 6. Hatfield
asked how Kelly described himself to Gilligan. Kelly
replied that he assumed Gilligan would know that he was a senior
adviser to DPACS/DCPAC. People had all sorts of ideas about his
role; he continued to have a high profile on UNSCOM/UNMOVIC work;
and a number of people believe that he was an intelligence officer.
Hatfield
asked if Gilligan thought that he was part of the intelligence
agencies. Kelly
replied that he could not exclude that possibility although he
would not describe himself as such and would not have encouraged
Gilligan to think it.
7. Serial 10. Howard
asked if Gilligan had taken notes of the meeting. Kelly
replied that Gilligan had produced a small notebook and pencil
and had taken some notes but these were not copious.
8. Serial 8. Hatfield
recalled that Kelly had been clear that the May meeting with Gilligan
lasted 45 minutes. He asked the basis for this. Kelly
replied that the meeting had been fixed for 17.00 hours. He clearly
recalled Gilligan turning up at 17.15. He believed that he left
at about 18.00 to catch the 18.30 Paddington train.
9. Serial 11. Hatfield
referred to the quotation from Gilligan's source that the dossier
was "transformed the week before it was published to make
it sexier". He asked Kelly if he had said this or something
similar. Kelly
said that he had not described the dossier as having been transformed
the week before publication, and could not recall using the term
"sexier". Hatfield
probed: had Kelly said anything that could be construed as being
that quotation? Kelly
said that he could not recall; his memory was that discussion
of the dossier was fleeting. Hatfield
commented that the flavour of Gilligan's evidence to the FAC was
that the meeting concentrated on the dossier: that was why the
differing accounts of the meeting's length were important: a longer
meeting would have allowed more discussion of the issues. Howard
referred to the passage in Kelly's letter of 30 June where he
said that the "45 minutes claim" was included in the
dossier for "impact". Was this the exact word used or
was it a paraphrase? Kelly
replied that he would use that word on occasion, but could not
recall if he had said it to Gilligan. But he would not use the
phrase to imply criticism: he meant it in the sense that the claim
was in the forward (sic) signed by the Prime Minister, rather
than simply in the body of the text. It therefore had "impact"
in that sense.
10. Serial 13. Howard
asked if Kelly had seen the intelligence report relating to the
"45 minutes claim". Kelly replied that he had not. Howard
asked if Kelly was aware that there was intelligence on the subject.
Kelly
replied that he was not, until the issue was in the public domain.
Hatfield referred to the quote from Gilligan's source which
said that "WMD were ready for use in 45 minutes
not
in original draft
included against their wishes because
it wasn't reliable". Did Kelly say this? Kelly replied
that he could not believe that he would have said this: he did
not say that it was not in the original draft; and he didn't know
the wishes of the intelligence services. Hatfield asked
what question Gilligan was asking Kelly to respond to when the
"45 minute claim" came up. Kelly replied that
they were discussing why WMD had not been used during the conflict.
He had explained his own view which was that weather conditions
had prevented use early in the campaign, and breakdown of C2 had
prevented its use in the later commented (sic) that this was different
from Gilligan's description to the FAC. Kelly continued
that he wondered now if he had been led on by Gilligan. His stock
answer on the "45 minutes claim" that was in the early
90s, Iraq had a policy to fill to use. But this still required
transportation of the stored armaments to launch sites for their
use. All this was time-consuming. He therefore could not relate
the claim to anything he knew of. But he recognised that he was
not familiar with all the systems.
11. Serial 14. Hatfield asked Kelly
about his discussions on uranium imports from Niger. Kelly
said that so far as he could recall it was not discussed in depth.
He would not have said anything other than to note the IAEA observations
on the issue.
12. Serial 16. Hatfield asked if Kelly
had discussed with Gilligan the role of Alastair Campbell in the
dossier. Kelly replied that, as he had said in his letter
of 30 June, Gilligan did raise the involvement of Campbell and
Kelly said that he was unable to comment. Hatfield asked
in what context the role of Alastair Campbell had been raised.
Kelly replied that it was in the context of the editing
process of the dossier. Hatfield asked what Kelly meant
by being "unable to comment". Kelly replied that
it would have been a dismissive response. Hatfield asked
specifically if Kelly had himself referred to "Campbell".
Kelly replied that he had not.
13. Serial 17. Hatfield asked if
Kelly had said that Downing Street "had asked repeatedly
if anything could be added to the original draft". Kelly
replied that he had not.
14. Serial 18. Hatfield asked if
there had been any discussion of the Iraqi source for the "45
minutes claim". Kelly replied that he had no idea who the
source was and did not speculate on that source with Gilligan.
Hatfield asked Kelly if he had told Gilligan that Iraq
had not been able to weaponise CBW. Kelly replied that
he had not said this and he believed otherwise.
15. Serial 24. Hatfield asked Kelly
if he would have said whether (sic) that there was a 30% probability
of there being a CW programme in the six months before the war.
Kelly replied that 30% was the sort of figure he would
use as the probability for there having been a current production
programme. He was 100% certain that there had been a chemical
weapon programme.
16. Serial 25. Hatfield asked if Kelly
had said or believed that the Iraqi WMD threat was smaller and
less imminent than that claimed by the government. Kelly
replied that he believed the threat was both current and specific.
17. Howard
asked if Kelly was aware of anyone else who could have been a
source for Gilligan. Kelly replied that he was not aware
of any sources. He was aware that some points of his description
of the meeting with Gilligan matched those of Gilligan's description
of his meeting with the source. Kelly said that he was
concerned that Gilligan would try to hang the other stories on
to him.
18. Howard
asked if anybody from the BBC, and in particular Gilligan, had
tried to contact Kelly since the meeting on May 22. Kelly
replied that Gilligan had not tried to contact him. The only BBC
person he could recall having contacted him was Susan Watts, a
science editor.
19. Hatfield said that it was likely that
the department would need to make some public statement on Kelly's
involvement with Gilligan. He passed Kelly a draft press release
and Kelly confirmed that he was content with its terms. Hatfield
said that although Kelly was not named in the press release his
identity may become known in due course. Kelly replied
that he acknowledged this: in his letter of 30 June he had said
that a friend at RUSI had alerted him to the possibility of his
being considered as Gilligan's source.
67. On 8 July Mr Hoon had a lunchtime meeting
with Mr Richard Sambrook, the Director of News at the BBC, to
discuss the MoD's concern that Mr Gilligan had not forewarned
it of the WMD allegations which he broadcast on 29 May.
68. At a meeting in 10 Downing Street on
Tuesday 8 July commencing at 1.30pm it was learnt that Mrs Ann
Taylor MP, the Chairman of the ISC did not want to receive a letter
informing her that the civil servant had come forward (see Mr
Scarlett's note set out in paragraph 61). It was then decided
to issue a press statement that a civil servant working in the
MoD had come forward to say that he had met Mr Gilligan on 22
May.A group of officials comprising Sir Kevin Tebbit, Mr John
Scarlett, Mr Jonathan Powell, Mr Alastair Campbell and Mr Tom
Kelly then began to draft the statement in 10 Downing Street.
69. During the first part of the afternoon
of 8 July Dr Kelly was at RAF Honington and just after 3.30pm
Mr Hatfield was telephoned by Mr Wilson, the Private Secretary
to Sir Kevin Tebbit, who told him that it was expected that the
MoD would need to make a statement about Dr Kelly that evening
and that he (Mr Hatfield) was going to be asked to clear the text
with Dr Kelly when it was available. At that point the text had
not been sent to Mr Hatfield but Mr Wilson read the text over
to him. Mr Hatfield then rang Dr Kelly hoping to speak to him
before he left RAF Honington but he got Dr Kelly's mobile telephone
voicemail and left him a message saying that he wanted to talk
to him as soon as possible about the possible release of a statement
and about the text of that statement. Dr Kelly called Mr Hatfield
back at 4.14pm and Mr Hatfield repeated the message which he had
previously left on his voicemail. Mr Hatfield also told Dr Kelly
that the statement was likely to be slightly longer than the one
which they had discussed on the previous day because the text
was going to say a little more about what Dr Kelly had told the
MoD officials he had said to Mr Gilligan. Mr Hatfield still did
not have the text of the statement which was to be issued and
he said to Dr Kelly that they would need to talk again in half
an hour or so. Soon after that telephone conversation Mr Hatfield
received the text of the press statement. Mr Hatfield telephoned
Dr Kelly again at 5.10pm and read through the statement to him
paragraph by paragraph and when Mr Hatfield had finished reading
the text Dr Kelly said that he was content with it. Mr Hatfield
told Dr Kelly that the statement would be issued very soon and
that he was certain it would be out by 7.00pm. Mr Hatfield also
told him in that conversation or in the earlier telephone conversation
at 4.14pm that he should talk to the press office and to Dr Wells
about support.
Back to Top
The press statement issued by
the MoD on 8 July 2003
70. The press statement was issued by the
MoD about 5.45pm on Tuesday 8 July in the following terms:
An individual working in the MOD has come forward
to volunteer that he met Andrew Gilligan of the BBC on May 22.
It was an unauthorised meeting. It took place one week before
Mr Gilligan broadcast allegations against the Government about
the WMD dossier on the Today programme.
The person who has come forward has volunteered
that he has known Mr Gilligan for some months. He says that he
met Mr Gilligan in a central London hotel at Mr Gilligan's request.
During the conversation Mr Gilligan raised the Iraqi WMD programme,
including the "45 minutes" issue. The official says
that Mr Gilligan also raised the issue of Alastair Campbell.
The individual is an expert on WMD who has advised
ministers on WMD and whose contribution to the Dossier of September
2002 was to contribute towards drafts of historical accounts of
UN inspections. He is not "one of the senior officials in
charge of drawing up the dossier". He is not a member of
the Intelligence Services or the Defence Intelligence Staff.
He says that when Mr Gilligan asked about the
role of Alastair Campbell with regard to the 45 minute issue,
he made no comment and explained that he was not involved in the
process of drawing up the intelligence parts of the Dossier.
He says he made no other comment about Mr Campbell.
When Mr Gilligan asked him why the 45 minute point was in the
Dossier, he says he commented that it was "probably for impact".
He says he did not see the 45 minute intelligence report on which
it was based.
He has said that, as an expert in the field,
he believes Saddam Hussein possessed WMD.
We do not know whether this official is the single
source quoted by Mr Gilligan. Mr Gilligan told the FAC he had
only one source for his story, and that the other three sources
he mentioned to the FAC did not talk to him about the September
Dossier, or did so after the broadcast.
The MOD, with the individual's agreement, intend
to give his name to the Chairman of the Intelligence and Security
Committee, in confidence, should they wish to interview him as
part of their inquiry.
71. On the evening of Tuesday 8 July, after
the press statement had been issued, Ms Pamela Teare, the Director
of News in the MoD, and Mrs Kate Wilson, the chief press officer
in the MoD, had a discussion and agreed that the latter should
telephone Dr Kelly to alert him to the high level of media interest
in the statement and to advise him that he might want to consider
staying with friends. Accordingly, Mrs Wilson telephoned Dr Kelly
on his mobile. She called him at 8.26pm when he said he was out
walking and asked her to call him back. She then called Dr Kelly
back about twenty minutes later and told him that the statement
had been put out. She wanted to make sure that he had her contact
numbers but he said that he did not have anything to write with
and so he could not take her numbers down. Mrs Wilson then asked
him if he had the number for the duty press officer and he said
he did. Mrs Wilson told him that the MoD press office had had
a lot of follow up questions and that he needed to think about
alternative accommodation. She did not offer him accommodation
because her view was that it was better to go and stay with family
or friends than to go to a hotel, and that is what she recommended
to him. She asked him if there was anything he wanted from her
and he said there was not. Mrs Wilson said in evidence that it
was a brief conversation. When asked how Dr Kelly sounded at the
time she replied that he was not surprised by anything she said
and he seemed very calm.
Back to Top
The press statement issued by
the BBC on 8 July 2003 and correspondence between the MoD and
the BBC
72. On 8 July Mr Hoon wrote to Mr Gavyn
Davies, the Chairman of the Board of Governors of the BBC, enclosing
the MoD's statement and saying:
I am writing to draw to your attention an MOD
statement which we shall be issuing later today about Andrew Gilligan's
'single source'. This is enclosed.
You will see that we have not named the official
within the MOD who has come forward. We would, however, be prepared
to disclose his name to you in confidence, on the basis that you
would then immediately confirm or deny that this is indeed Mr
Gilligan's source, in the interests of resolving what has become
a management problem for both our organisations.
I am sure you will understand that this is not
the same as divulging a source since the individual has come forward.
73. Mr Gavyn Davies replied to Mr Hoon on
the 8 July and stated:
Thank you for today's letter, which I believe
you have now released to the press.
I have to say that the offer in your letter seems
to be an attempt to force the BBC News Division to reveal the
name or names of the source(s) used by Andrew Gilligan on Today
and Susan Watts on Newsnight. You will recognise that it is a
cardinal principle of good journalism that sources should never
be revealed, no matter how intense the pressure may be. As Chairman
of the BBC, I support this principle.
In line with this principle, I do not myself
know the identity [of] the source(s) mentioned above, so I am
unable to accept your offer of confirming whether their name(s)
match the person who has come forward at the Ministry of Defence.
I will be releasing this letter to the press.
74. On the evening of 8 July the BBC issued
a press statement:
We note that today, the Ministry of Defence has
issued a statement saying that an individual working in the Ministry
of Defence has come forward to volunteer information about an
unauthorised meeting he says he had with Andrew Gilligan on May
22.
The description of the individual contained in
the statement does not match Mr Gilligan's source in some important
ways.
Mr Gilligan's source does not work in the Ministry
of Defence and he has known the source for a number of years not
months.
As we have said before, Mr Gilligan met several
people in the period before the story was broadcast and discussed
Weapons of Mass Destruction in various ways with a number of them.
His Today programme story was based on only one
of those conversations.
For the single conversation which led to the
Today story, Mr Gilligan took comprehensive notes during the meeting
with his source which do not correspond with the account given
in the MoD statement.
These notes have already been deposited with
the BBC legal department.
We note that the MoD statement says that "we
do not know whether this official is Mr Gilligan's source".
What we do know is that Mr Gilligan's notes and
account of what he was told are very similar to the notes of a
conversation Susan Watts, Science Editor of Newsnight, had with
her source which led to the Newsnight reports of June 2 and 4.
These reports contained allegations consistent
with the Gilligan report and she described her source as "a
senior official intimately involved with [the] process of pulling
together the September dossier".
We reiterate the point we made last week that
Susan Watts and Andrew Gilligan have never met, spoken or corresponded
about any issues let alone this particular matter.
We do not know whether their respective sources
are the same person, as Susan Watts and George Entwhistle, the
Editor of Newsnight, are unwilling to reveal her source.
However, if it is the same source, it is quite
clear that the information he is now giving to the Ministry of
Defence is not a full and frank account of the conversation with
Mr Gilligan and that he has failed to mention the conversation
with Susan Watts.
If it is a different source, it means that the
original Gilligan story was separately corroborated by a second
source - the person who spoke to Susan Watts.
Either way, we stand by Mr Gilligan's reporting
of his source.
75. On 9 July Mr Hoon wrote to Mr Davies
and stated:
Thank you for your letter of 8 July replying
to mine of the same day.
This is not about the divulging of sources.
So that you can establish whether the name of
the person who has come forward is the same as the name given
to BBC Management by Andrew Gilligan, I am now prepared to tell
you that his name is David Kelly, advisor to the Proliferation
and Arms Control Secretariat in the MOD.
I trust that the BBC Internal Inquiry into Mr
Gilligan's dealings with the MOD Press Office will be broadened
to include this matter.
Mr Davies' office was informed by the MoD that it
would not be releasing this letter to the press.
76. On 10 July Mr Davies replied to Mr Hoon
stating:
Thank you for your letter of 9th July. I have
discussed the matter with Greg Dyke as Editor-in-Chief. Although
I did not originally show him the name contained in your letter,
I am sure he will have now seen the name in most of this morning's
newspapers.
The BBC will not be making any more comments
about, or responding to any claims concerning, the identity of
Andrew Gilligan's source for his story on the Today programme
on May 29, or the identity of Susan Watts' source for her story
on Newsnight on 2nd June.
Back to Top
The confirmation of Dr Kelly's
name to the press and Dr Kelly's sudden departure from his home
77. On the afternoon of Friday 4 July Ms
Pamela Teare, the Director of News in the MoD and Mrs Wilson,
the Chief Press Officer in the MoD, prepared contingent briefings
which might be used by MoD press officers in the form of Questions
and Answers in case the press became aware in some way over the
weekend that a civil servant had come forward to say that he had
met Mr Gilligan on 22 May. In the course of the next few days
until Tuesday 8 July these Questions and Answers were revised
by Ms Teare and Mrs Wilson a number of times but they were not
given to senior officials for their approval. On 8 July Ms Teare
and Mr Martin Howard did further work on the Q and A material
and after the decision had been taken to issue a press statement
that an unnamed civil servant had come forward it was decided
by the MoD that if the press put the correct name, ie Dr Kelly's
name, to a government press officer the press officer would confirm
it. The first draft of the Question and Answer material contained
the following sentences:
We are not prepared to name the individual involved.
We have released all the relevant details. There
is nothing to gain by revealing the name of the individual who
has come forward voluntarily.
The final form of the Question and Answer material
contained the following sentence:
If the correct name is given, we can confirm
it and say that he is senior advisor to the Proliferation and
Arms Control Secretariat.
The different drafts of the Question and Answer material
are set out in appendix 5.
78. After the MoD had issued the press statement
in the late afternoon of 8 July the MoD press office was inundated
with calls seeking more information but no member of the press
suggested Dr Kelly's name.
79. On Wednesday 9 July there continued
to be a great volume of press interest in the name of the civil
servant who had come forward and the MoD press office received
many calls from the media seeking more information and trying
to identify the civil servant. Press officers in the MoD used
the Question and Answer material which had been given to them
and did not volunteer Dr Kelly's name. In the late afternoon,
about 5.30pm, the Financial Times put Dr Kelly's name to Ms Teare
who confirmed it. Shortly afterwards, the Guardian, the Daily
Mail and the Daily Telegraph put Dr Kelly's name to a press officer
and the name was confirmed. The Times put twenty names until Dr
Kelly's name was put and confirmed.
80. About 6.00pm on 9 July Mrs Wilson heard
that Dr Kelly's name had been confirmed to the press. She then
telephoned Sir Kevin Tebbit's office about 6.15pm and requested
his Private Secretary, Mr Wilson, to ask Dr Wells to ring Dr Kelly
to tell him that his name had been confirmed to the press. It
appears that Mr Wilson tried to contact Dr Wells by telephone
for about half an hour and finally got in touch with him about
7.00pm when Dr Wells was on a train travelling home. Mr Wilson
passed on to him the message from Mrs Wilson requesting him to
tell Dr Kelly that the press office had confirmed his name to
the press. Dr Wells then rang Dr Kelly at 7.03pm from the train
on his mobile telephone and told him that he had been asked to
pass on the message that the press office had confirmed his name
to the press and Dr Wells advised him to get in touch with the
press office. This call lasted for 46 seconds, it was a bad line
and Dr Wells thought that they were cut off. Dr Kelly rang Dr
Wells back at 7.09pm when Dr Wells was still on his train. Dr
Wells thought that Dr Kelly had called him back because the earlier
telephone call had been cut off and he repeated to Dr Kelly that
the press office had confirmed his name.
81. In the late afternoon of 9 July Mr Nicholas
Rufford, a reporter from the Sunday Times, who had met Dr Kelly
at his home on previous occasions to discuss his work, drove to
Dr Kelly's house in Oxfordshire because he suspected that Dr Kelly
might be the person who had spoken to Mr Gilligan. He arrived
at Dr Kelly's house about 7.30pm and saw him in the garden. The
first words which Dr Kelly spoke to him were that he had just
had a call from the MoD telling him that he would be named in
national newspapers the following day. Mr Rufford told him that
the press were on their way in droves and offered to provide him
with hotel accommodation on behalf of his newspaper. Mr Rufford
had some further conversation with Dr Kelly and left his garden
about 7.45pm.
82. At 7.54pm when Dr Wells had got off
his train and when communication was clearer between the two of
them, Dr Wells called Dr Kelly again on his mobile telephone to
check that he had got his earlier message and that he was acting
on it and Dr Kelly told him that Nick Rufford had appeared on
his doorstep.
83. After having spoken to Mr Wilson about
6.30pm, Mrs Wilson took steps to arrange that a press officer
would be ready to go to Dr Kelly's house if Dr Kelly wanted him.
She was about to telephone Dr Kelly about 8.00pm when Dr Kelly
telephoned her and said that Nick Rufford had been in contact
with him and asked him why he was not now in a hotel. Dr Kelly
told Mrs Wilson that he was now minded to go to family or friends
and he would be heading to the West Country, but he would let
her know where he was when he got there.
84. Dr Kelly and his wife then packed some
clothes very quickly and left their house in a rush within ten
minutes. They drove towards Weston-Super-Mare and on the way they
stopped just outside Swindon about 8.45pm and Dr Kelly telephoned
Dr Wells and told him that he was travelling to Cornwall. Dr and
Mrs Kelly spent the night of 9 July in Weston-Super-Mare. On the
morning of Thursday 10 July Dr Kelly telephoned Dr Wells and they
agreed to keep in touch.
Back to Top
Back | Contents
| Next
|