The Hutton Inquiry

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Hearing Transcripts

October 13, 2003: Morning

Sir Kevin Tebbit

Ministry of Defence

October 13, 2003: Afternoon

Sir Kevin Tebbit

Ministry of Defence

September 25, 2003: Morning

Jeremy Gompertz QC

Counsel for the Kelly family

Jonathan Sumption QC

Counsel for the Government

September 25, 2003: Afternoon

Jonathan Sumption QC

Counsel for the Government

Andrew Caldecott QC

Counsel for the BBC

Heather Rogers QC

Counsel for Andrew Gilligan

James Dingemans QC

Counsel for the Inquiry

Closing statement by Lord Hutton

September 24, 2003: Morning

Patrick Lamb

Deputy Head of the Counter Proliferation Department FCO

Dr Bryan Wells

Director of Counter Proliferation and Arms Control, MOD

Gavyn Davies

BBC

September 24, 2003: Afternoon

Richard Hatfield

Personnel Director MOD

Dr Bryan Wells

Director of Counter Proliferation and Arms Control, MOD

Nick Rufford

Sunday Times, journalist

Wing Commander John Clark

Ministry of Defence

James Harrison

Ministry of Defence

Professor Keith Hawton

Psychiatrist

September 23, 2003: Morning

Godric Smith

Prime Minister's Press Office

Tom Kelly

Prime Minister's Press Office

John Scarlett

Cabinet Office

September 23, 2003: Afternoon

John Scarlett

Cabinet Office

Assistant Chief Constable Michael Page

Thames Valley Police

September 22, 2003: Morning

Lee Hughes

Hutton Inquiry Secretariat

Geoffrey Hoon MP

Secretary of State for Defence

September 22, 2003: Afternoon

Alastair Campbell

Prime Minister's Office

September 18, 2003: Morning

Richard Hatfield

Personnel Director MOD

Pamela Teare

Director of News, MoD

September 18, 2003: Afternoon

Andrew Gilligan

BBC Reporter

Pamela Teare

Director of News, MoD

Edward Wilding

Computer Investigator

Professor A J Sammes

Professor of Computer Science and Director of the Centre for Forensic Computing at Cranfield University

September 17, 2003: Morning

Andrew Gilligan

BBC Reporter

September 17, 2003: Afternoon

Richard Hatfield

Personnel Director MOD

Richard Sambrook

Head of News, BBC

September 16, 2003: Morning

Martin Howard

Deputy Chief of Defence Intelligence MOD

DC Graham Coe

Police Officer

Dr Nicholas Hunt

Forensic Pathologist

September 16, 2003: Afternoon

Dr Shuttleworth

Defence, Science & Technology Laboratory

Kate Wilson

Chief Press Officer, MoD

September 15, 2003: Morning

Counsel's opening statement

Tony Cragg

Air Marshal J French

September 15, 2003: Afternoon

Sir Richard Dearlove

Dr Richard Scott

Greg Dyke

September 4, 2003: Morning

Olivia Bosch

Colleague

Leigh Potter

Neighbour

Tom Mangold

Journalist

Richard Taylor

Special Advisor to Secretary of State for Defence

September 3, 2003: Morning

Richard Allan

Toxicologist

Assistant Chief Constable Page

Steven Macdonald

MOD

Dr Jones

September 3, 2003: Afternoon

Patrick Lamb

Deputy Head of the Counter Proliferation Department FCO

Dr Jones

Mr A

MOD

Mr Green

Forensic Biologist

September 2, 2003: Morning

Ruth Absalom

Neighbour

Dr Malcolm Warner

GP

Louise Holmes

Search team

Paul Chapman

Search team

PC Andrew Franklin

PC Martyn Sawyer

Sergeant Geoffrey Webb

September 2, 2003: Afternoon

PC Jonathan Martyn

Vanessa Hunt

Ambulance

David Bartlett

Ambulance

Barney Leith

Baha'i faith

Professor Hawton

Psychiatrist

September 1, 2003: Morning

Mrs Kelly

Family

Sarah Pape

Family

Rachel Kelly

Family

September 1, 2003: Afternoon

Professor Roger Avery

Friend

David Wilkins

Family

August 28, 2003: Morning

Tony Blair MP

Prime Minister

Gavyn Davies

BBC

August 28, 2003: Afternoon

Gavyn Davies

BBC

August 27, 2003: Morning

Geoff Hoon MP

Secretary of State for Defence

August 27, 2003: Afternoon

Wing Commander John Clark

Ministry of Defence

James Harrison

Ministry of Defence

Ann Taylor MP

Chair of Intelligence and Security Committee

August 26, 2003: Morning

Andrew MacKinlay MP

Foreign Affairs Select Committee

John Scarlett

Cabinet Office

August 26, 2003: Afternoon

John Scarlett

Cabinet Office

Sir David Omand

Cabinet Office

August 21, 2003: Morning

Donald Anderson MP

Foreign Affairs Select Committee

Nick Rufford

Sunday Times, journalist

James Blitz

Financial Times, journalist

August 21, 2003: Afternoon

Richard Norton-Taylor

Guardian, journalist

Peter Beaumont

The Observer, journalist

Tom Baldwin

The Times, journalist

Michael Evans

The Times, journalist

David Broucher

Foreign and Commonwealth Office

Lee Hughes

Hutton Inquiry Secretariat

August 20, 2003: Morning

Sir Kevin Tebbit

Ministry of Defence

August 20, 2003: Afternoon

Godric Smith

Prime Minister's Press Office

Tom Kelly

Prime Minister's Press Office

August 19, 2003: Morning

Alastair Campbell

Prime Minister's Office

August 19, 2003: Afternoon

Alastair Campbell

Prime Minister's Office

August 18, 2003: Morning

Pam Teare

Ministry of Defence Press Office

Jonathan Powell

Prime Minister's Office

August 18, 2003: Afternoon

Jonathan Powell

Prime Minister's Office

Sir David Manning

Prime Minister's Office

August 14, 2003: Morning

Dr Bryan Wells

Director of Counter Proliferation and Arms Control, MOD

August 14, 2003: Afternoon

Martin Howard

Deputy Chief of Defence Intelligence MOD

Patrick Lamb

Deputy Head of the Counter Proliferation Department FCO

John Williams

Director of Communications, FCO

August 13, 2003: Morning

Susan Watts

BBC Reporter

Gavin Hewitt

BBC Reporter

August 13, 2003: Afternoon

Gavin Hewitt

BBC Reporter

Richard Sambrook

Head of News, BBC

August 12, 2003: Morning

Andrew Gilligan

BBC Reporter

August 12, 2003: Afternoon

Andrew Gilligan

BBC Reporter

Susan Watts

BBC Reporter

August 11, 2003: Morning

Terence Taylor

President and Executive Director for the International Institute of Strategic Studies (US)

Richard Hatfield

Personnel Director MOD

Patrick Lamb

Deputy Head of the Counter Proliferation Department FCO

August 11, 2003: Afternoon

Martin Howard

Deputy Chief of Defence Intelligence MOD

Patrick Lamb

Deputy Head of the Counter Proliferation Department FCO

Julian Miller

Chief of the Assessment Staff Cabinet Office.


hutton.softblade.com

Monday, 22nd September 2003
(10.15 am)

LORD HUTTON: Good morning, ladies and gentlemen. Mr Lloyd-Jones.

MR GEOFFREY WILLIAM HOON (called)
Examined by MR LLOYD-JONES

MR LLOYD-JONES: Is your full name Geoffrey Hoon, Secretary of State?

MR HOON: It is Geoffrey William Hoon.

MR LLOYD-JONES: Are you the Member of Parliament for Ashfield and Secretary of State for Defence?

MR HOON: I am, yes.

MR LLOYD-JONES: Have you previously given evidence in this Inquiry?

MR HOON: Yes, I have.

MR LLOYD-JONES: On 8th July your Department issued a press statement dealing with an individual working in the Ministry of Defence who came forward to volunteer he had met Mr Gilligan on 22nd May. Did you see that statement before it was issued?

MR HOON: Yes, I did.

MR LLOYD-JONES: Did you approve of its contents?

MR HOON: Yes, I did.

MR LLOYD-JONES: Did you authorise the publication of that press statement?

MR HOON: Yes, I did.

MR LLOYD-JONES: Why did you consider, at that time, that it was right to publish that press statement?

MR HOON: Well, I had been concerned for some days by then that an official having come forward who had something relevant to say about the subject of two Parliamentary inquiries, at that stage we had still not identified that fact. I first became aware of it on the previous Thursday, but in fact Dr Kelly had first communicated his contact with Andrew Gilligan as long ago as Monday 30th June. Therefore, I was increasingly concerned about the amount of time that was passing without us acknowledging the fact that an official had come forward. In addition, officials were due to give evidence the following day, the 9th, to the ISC; and therefore, again, there was some concern that if they had been asked questions about this matter they needed to be clear as to the position that the Government was taking. Above all else, because of both pressures, I was concerned that we should not be accused of covering up the fact that an official had come forward.

MR LLOYD-JONES: With the benefit of hindsight, do you still consider that it was the right thing to do?

MR HOON: Yes, I do, because once an official had come forward, once he had made known the fact that he had had an unauthorised contact with Andrew Gilligan, then we had to deal with it. We did not have the option of doing nothing. We had to resolve this matter and use our best judgment to deal with the situation.

MR LLOYD-JONES: The Inquiry has heard that in the early evening of 9th July the MoD press office confirmed to a journalist the identity of the person who had come forward, Dr Kelly. Were you aware, on 9th July, that the MoD press office was adopting an approach under which it was proposing to confirm the identity of the individual if the correct name was put?

MR HOON: Yes, I was. I had had a conversation earlier that day with Sir Kevin Tebbit, the Permanent Secretary, in which he had set out to me the concerns that he had as far as the press office were concerned, in particular that individual press officers should not be seen to be lying to journalists, and that it was better that they should, if the right name was put to them, acknowledge the fact. He was also very concerned that there was a risk to other members of staff, other officials, and he did not want anything said by the press office to lead journalists in the direction of the wrong official.

MR LLOYD-JONES: It has been suggested in certain quarters that your previous evidence to this Inquiry in relation to this matter may have been inaccurate, so perhaps we should take a moment to look at that. You gave oral evidence to the Inquiry on 27th August. Prior to that, had you provided to the Inquiry a written statement?

MR HOON: Yes, I had.

MR LLOYD-JONES: Do you have a copy of that statement?

MR HOON: Yes, I do.

MR LLOYD-JONES: When did you write that statement?

MR HOON: It was shortly before my previous appearance. I was required to submit it 24 hours in advance.

MR LLOYD-JONES: Could I ask you, please, to read aloud paragraphs 25, 26 and 27 of that statement?

MR HOON: Paragraph 25 begins: "On the morning of Wednesday 9th July, Jonathan Powell suggested that I should write again to Mr Davies but this time with Dr Kelly's name. I discussed this view with the MoD's Director of News, Pam Teare, and other officials. An alternative approach would have been to dispute Mr Davies' point about source protection and repeat the offer in my previous letter. I concluded, however, that we were more likely to obtain a sensible response if we gave the name to the BBC so that the Governors and senior management could establish whether they had been told the truth by Mr Gilligan. My office contacted Mr Davies' secretary in advance to ensure that the letter was sent directly to a fax in his own office and that the BBC understood that this letter would not be released to the press. Copies sent to the very limited number of Whitehall recipients were marked accordingly. "26. During the course of Wednesday 9th July the Permanent Secretary told me how the Ministry of Defence press office would deal with press enquiries trying to identify the official referred to in the Ministry of Defence statement. The decision to confirm the name of Dr Kelly if it was put to the MoD directly was to avoid any suggestion that we were in any way misleading journalists. We did not want anyone to claim that we had been less than straightforward in our dealing with them, not least in the light of the FAC's conclusion that Andrew Gilligan's alleged contact should be thoroughly investigated. "27. I did not brief Dr Kelly's name to any journalists, neither was I aware of any strategy to do so. The defensive question and answer material prepared to help the MoD press office respond to possible press enquiries was not put to me for approval and I did not see it at the time."

MR LLOYD-JONES: Thank you. Are those the paragraphs of your statement which relate to the events of Wednesday 9th July?

MR HOON: Yes, they are.

MR LLOYD-JONES: You refer there to a conversation with Sir Kevin. Do you recall when during 9th July that conversation took place?

MR HOON: To the best of my recollection it took place immediately before the press meeting that has been referred to. Sir Kevin, quite frequently -- his office is close to mine -- will come in first thing in the morning, put his head around the door and if he wants to raise matters with me, he will do so. He is -- these are not in the nature of formal meetings but if there are matters he wants to clear with me, to check with me, then it is a very regular practice. It happens, I would say, more often than not on the days when we are both in the office together.

MR LLOYD-JONES: Can we have on the screen the transcript for 27th August, at page 73?

LORD HUTTON: Has Mr Hoon a copy?

MR HOON: I have it, my Lord.

LORD HUTTON: I think if you read out any particular passage you want to put to Mr Hoon.

MR LLOYD-JONES: I am sorry, I was not aware it was not scanned in.

LORD HUTTON: Of course. That is quite understandable.

MR LLOYD-JONES: Could I read the passage then Secretary of State?

LORD HUTTON: Read it as fully as you wish so that everyone can understand the context.

MR LLOYD-JONES: Thank you, I will do that. At page 73 we find my Lord putting this -- one should perhaps go back to line 6: "Lord Hutton: Just going back to the question and answer material. I appreciate you say you did not see this material -- "Answer: No, my Lord. "Lord Hutton: -- but Ms Pam Teare said that one of the factors that influenced I think her and others in preparing this material was that the press might suggest the names of other MoD officials or persons from the Government as being the source and the view was taken that it would be unfair if that were not denied in case suspicion fell on the wrong people. I appreciate you say you were not concerned with that aspect but what is your view on that, Secretary of State?" The answer which was given was: "Answer: Well, I was aware of certainly Sir Kevin Tebbit raised that with me. He was very concerned that other officials might come under investigation by journalists; and indeed I think it is right that one did find a journalist in his garden approaching his children." You go on to make the point it would be wrong to ask press officers to deceive journalists and that would not be appropriate. That conversation with Sir Kevin, Secretary of State, does that refer to the same conversation to which you have just referred or to a different conversation?

MR HOON: I am fairly confident that it took place immediately before the press meeting.

MR LLOYD-JONES: So that passage in your evidence, in the first phase, refers to the same meeting, does it?

MR HOON: Yes.

MR LLOYD-JONES: What did Sir Kevin say on that occasion?

MR HOON: In the meeting -- essentially he was setting out something that had been previously agreed, that is the night before, as I have understood the evidence, that in the Q and A was a reference to the fact that if a journalist approached the press office with the right name, then that name would be confirmed by press officers; and so essentially what Kevin was doing that morning was just checking with me essentially that I agreed to that approach.

MR LLOYD-JONES: Did you approve of that course?

MR HOON: Yes, I did. We equally had a brief discussion about the options that were available. Clearly, there were three. The press officer could either have told a flat lie to journalists, which would not have been appropriate; they could have confirmed it, as we agreed they should; or they could have obfuscated, they could have said: no comment. It was certainly my very strong view, and I think it has been confirmed by journalists who have given evidence to the Inquiry, that no comment was tantamount to admitting the name in question was the right name. Therefore it seemed to Sir Kevin, it was his view and it was certainly my view, that this was the best and most straightforward way of dealing with journalists who had identified correctly the name of the person who had come forward.

MR LLOYD-JONES: Did you see any reason to change the approach which had been adopted?

MR HOON: No, I did not.

MR LLOYD-JONES: Did you say so to Sir Kevin?

MR HOON: I agreed with Sir Kevin. I confirmed the approach that had been previously outlined.

MR LLOYD-JONES: Were you the shown the Q and A brief at that time?

MR HOON: No, I was not.

MR LLOYD-JONES: Did you have any other conversations that day with Sir Kevin on the subject of the approach that was being followed by the press office?

MR HOON: There might have been further conversation with Kevin. I attended with him a service to commemorate the conclusion of the Korean War. To the best of my recollection we might have discussed it once more. But it was only in the nature of, in effect, confirming the decision we had previously agreed on.

MR LLOYD-JONES: On that occasion were you shown the Q and A brief?

MR HOON: No, I was not.

MR LLOYD-JONES: Did you speak with anyone else during that day, 9th July, about the approach that was being followed by the press office at this time?

MR HOON: Well, I have referred already to the press briefing meeting. That is a regular meeting that occurs in my office first thing in the morning. I have checked my diary for that day; it was scheduled to last from 9 until 9.15. I had another meeting that day at 9.15. Towards the end of that meeting there was a further very brief discussion of the practice that Pam Teare, who was present at the meeting, was recommending for the press office, which was that -- consistent with what I had previously agreed with Sir Kevin -- if a journalist came forward with the right name then it would be confirmed by the press office. There was a discussion about the rationale for that; I suspect largely for the benefit of my special adviser, Richard Taylor, who had only learned about the fact that someone had come forward the previous evening when he had watched the news. So there was some discussion, really, about the underlying rationale, confirming what had previously been decided.

MR LLOYD-JONES: Could you tell us who was present at the meeting?

MR HOON: I was, Pam Teare, Richard Taylor, my principal private secretary.

MR LLOYD-JONES: Were you shown the Q and A brief on that occasion?

MR HOON: No, I was not.

MR LLOYD-JONES: How long did the discussion of the approach taken by the press office last?

MR HOON: It could only have been a matter of minutes. Normally we would look at the extract of press cuttings that is delivered each day around the Ministry of Defence to see whether there were any issues that we had to deal with. We had a much longer discussion, as I previously indicated, about whether, in fact, to incorporate Dr Kelly's name in a further letter to Mr Davies. I would say that the discussion of the rationale underlying the approach of the press office probably took a couple of minutes at the end of the meeting. I can recall that everyone was anxious to finish the meeting because I had another meeting scheduled for 9.15. It is the kind of occasion on which private secretaries put their head around the door to indicate that you should be moving things along.

MR LLOYD-JONES: Did you agree with the approach that was being taken by the press office?

MR HOON: Yes, I did.

MR LLOYD-JONES: Now, in your oral evidence -- again I am afraid we cannot see it on the screen, but it is page 100 to 101 of your evidence on 27th August. Perhaps I can take the same course and read that, just to put this in context. You were asked by my learned friend Mr Dingemans about evidence that Mr Taylor, your special adviser, had confirmed the name of Dr Kelly to journalists. You said that you were not specifically aware of that at the time but that you had learned that had happened, you had learned since that that had happened. You were asked what was your view of that. You said: "Well, I assume that that was consistent with the question and answer process that had been agreed within the department. I do not think it occurred in any earlier timeframe." Then Mr Dingemans asked you: "The question and answers material that your special adviser knows about but you did not?" This is the passage I want to ask you about.

MR HOON: Hmm, hmm.

MR LLOYD-JONES: Your answer: "I did not see the question and answer, but I was obviously aware of the advice that I had received that if the right name was given to an MoD press officer they should confirm it. I am not suggesting -- I am not suggesting, for a moment, that I was not aware of that; and obviously my special adviser would have been aware of it as well." Was that answer correct?

MR HOON: Yes, it was.

MR LLOYD-JONES: Why did you consider, at the time, that it was right for the Ministry of Defence to confirm the name of the person who had come forward if it was put?

MR HOON: Because otherwise having considered the two other options that seemed to be available, neither of the other two options I regarded as being satisfactory. One was to lie; the other would undoubtedly have involved considerable difficulties for press officers trying to maintain a no comment policy, a no comment policy which I know from experience of dealing with journalists they would simply have regarded as some sort of confirmation. I think, my Lord, it was Mr Blitz who said just that in his evidence to the Inquiry.

MR LLOYD-JONES: With the benefit of hindsight do you still consider that it was the right thing to do?

MR HOON: Yes, I do.

MR LLOYD-JONES: Could I ask you now to cast your mind back to the previous day, the 8th July. On 8th July, the day that the press statement was released, had you formed any view as to the likelihood of Dr Kelly's name being discovered by the press had the Ministry of Defence not issued the press statement?

MR HOON: Yes. As I think I gave evidence on the last occasion, my Lord, it was a consistent view of all of those who had to deal with this problem that sooner rather than later Dr Kelly's name would emerge. Right from the beginning when Dr Kelly in his letter indicated why he had come forward, he said that it was because a colleague had identified his words in the version that Andrew Gilligan gave to the Foreign Affairs Committee, that those words were so distinctive, so associated with Dr Kelly, that she mentioned it to him. And given that if one person could identify Dr Kelly's views in the mouth of Andrew Gilligan, then it would hardly be surprising if others did the same. And the way in which these things worked, I think everyone assumed that sooner rather than later Dr Kelly's name would emerge.

MR LLOYD-JONES: Were you told anything by your officials as to whether Dr Kelly had been given any warning or advice as to the likelihood of his identity becoming public?

MR HOON: Certainly on the Friday, in the course of the first interview with Richard Hatfield I had understood -- I had been told that Richard Hatfield had made it very clear that it was very likely that his name would emerge and that Dr Kelly -- I think the word used -- had accepted that.

MR LLOYD-JONES: Was anything reported to you about the press office contacts with Dr Kelly?

MR HOON: On the Friday, I know from the evidence that they would have prepared routinely a question and answer brief to deal with the possibility that the name might emerge over the weekend. I certainly recall having discussions over the weekend about what we would do if a Sunday newspaper, for example, discovered that Dr Kelly had come forward.

MR LLOYD-JONES: My question was directed rather to whether anything had been reported to you about contacts made by the press office with Dr Kelly to advise him?

MR HOON: Well, that happened on the Tuesday, on 8th July, that as the press statement was being drafted and prepared the press office contacted Dr Kelly, I think it was Kate Wilson, to warn him of the likelihood that he would be approached by members of the press and that he should take appropriate action. I think she suggested to him that it might be sensible for a short period for him to find somewhere else to live in order to avoid unwelcome attention from the press.

MR LLOYD-JONES: Did you ask any of your officials to report to you on Dr Kelly's welfare?

MR HOON: Yes, I did. I regularly asked my private secretary to ensure that someone was in contact with Dr Kelly. He reported to me that Bryan Wells, who was formally Dr Kelly's line manager -- but I was very -- I was given a very clear impression that the two men got on well together and Bryan Wells was taking a personal interest in Dr Kelly's welfare; even to the extent, I am not quite sure when I was told this but I was well aware that Mr Wells had cancelled a trip to the United States in order to remain in the United Kingdom precisely to fulfil that function. I felt that there was, in my case, a balance to be struck in taking an interest in Dr Kelly's welfare but at the same time not interfering in what was a personnel process. I did not want anyone to suggest there was political interference in the decisions and the approaches being taken by those responsible for individual personnel matters.

MR LLOYD-JONES: Turning, then, to another matter, Secretary of State. On 10th July you received a letter from Mr Donald Anderson stating that the FAC wished Dr Kelly to give evidence. We know that in due course you took a decision that Dr Kelly should give evidence both to the FAC and the ISC. Do you recall the matters in respect of which Mr Anderson wanted Dr Kelly to give evidence?

MR HOON: Essentially as I would have expected. Mr Anderson was concerned about the fact that the Committee had previously heard evidence from both Mr Campbell and Mr Gilligan and they were concerned about what light potentially Dr Kelly might throw on that. So the letter from Donald Anderson was couched in those terms. It was in the context of their previous findings and deliberations.

MR LLOYD-JONES: Yes. Could we have on the screen, please, MoD/1/73? This is the letter of 10th July from Mr Anderson to you. If we could scroll down, please. We see there: "You will wish to know that the Clerk is writing to Dr Kelly today, inviting him to appear before the Committee to give oral evidence in public on Tuesday 15 July, on questions directly relevant to the Committee's report published earlier this week, arising from the MoD statement of 9 July." Could we have on the screen, please, MoD/1/82. Again, if we scroll down to the final paragraph of the first page we see this: "Although the FAC has now completed its own inquiry, I can understand why you also wish to see Dr Kelly. I am prepared to agree to this on the clear understanding that Dr Kelly will be questioned only on those matters which are directly relevant to the evidence that you were given by Andrew Gilligan, and not on the wider issue of Iraqi WMD and the preparation of the dossier. Dr Kelly was not involved in the process of drawing up the intelligence parts of the dossier." Secretary of State, why did you make that stipulation limiting the scope of evidence?

MR HOON: In a sense it begins from the original letter from Mr Anderson, which indicated that he wanted to ask Dr Kelly questions arising out of the report that the FAC had concluded. I think a second factor was that obviously the issue for Dr Kelly and the Committee was what had taken place between Dr Kelly and Andrew Gilligan. He was the only person in a position to give evidence of that kind; and it seemed right, consistent with what Donald Anderson had asked me, that that limitation should be there. I also had in mind, because it was contained in the original evidence -- sorry, in the original submission from Sir Kevin Tebbit, I had in mind that it was likely, at that stage, that Dr Kelly would be giving evidence to two different Committees on the same day; and therefore limiting the amount of time picked up, in a sense, the point that Kevin Tebbit had made that I should have regard to the man, that is, that he should not be subject to two back-to-back inquiries that were of the usual length. The usual length, in my experience of an appearance before a Parliamentary Committee, is in the order of 2 and a half hours. It would not seem to me to be right to subject someone to two back-to-back two and a half hour sessions.

MR LLOYD-JONES: What was Mr Anderson's reply?

MR HOON: Well, what he said in his reply was: "I share your clear understanding of the scope and duration of the questioning." Indeed, having looked at this letter since, he could have said: I reluctantly accept, or: I am bound by your request. What he actually said was that he shared my view. I took that to mean that he agreed entirely with the approach that I had taken.

MR LLOYD-JONES: Secretary of State, thank you very much.

LORD HUTTON: Thank you, Mr Lloyd-Jones. Mr Gompertz.

Cross-examination by MR GOMPERTZ

MR GOMPERTZ: Secretary of State, apart from the Walter Mitty slur for which Mr Tom Kelly has made an unreserved apology, is there anything at all which you feel that the Government or the Ministry of Defence have done wrong in relation to the matters with which this Inquiry is concerned?

MR HOON: Having followed your cross-examination carefully, over several days, I can see that there may be judgments about the precise timing of particular decisions, the precise point at which those decisions had an effect, which are within what I would describe as the reasonable range of judgments that people can take when confronted with these situations. But if you mean were any of those outside those reasonable range of judgments, so far out as to be wrong, then I would say not.

MR GOMPERTZ: So no systemic failure by the MoD or anything of that kind?

MR HOON: No, I do not believe so.

MR GOMPERTZ: Merely errors of judgment made by individuals in relation to minor matters?

MR HOON: In fact I did not say errors of judgment, no. In fact, I was at pains to avoid saying that. I said in any given situation when people exercise their judgment there are reasonable judgments they can take. They may not necessarily always take the same judgment. That does not mean because they differ that they are errors.

MR GOMPERTZ: So no errors, in effect?

MR HOON: What I am saying is that there are -- there is the possibility that different people, with the benefit of hindsight, might have judged that the decisions could have been taken slightly differently. What I would be at pains to emphasise is I do not believe this would have had any material effect.

MR GOMPERTZ: Your stance when you gave evidence on 27th August was that it would have been quite wrong to make Dr Kelly's name public, wholly inappropriate to do so, until you were sure that he was the single source of Mr Gilligan's material.

MR HOON: I believe, and I still believe, that it would have been wrong to volunteer his name without having that confidence.

MR GOMPERTZ: You made that point, I think I am right in saying, on a review of your evidence on the previous occasion, no fewer than eight times.

MR HOON: Well, that does not surprise me. I have not counted them but it was something that was firmly in my mind.

MR GOMPERTZ: And you never were sure that he was Mr Gilligan's single source until after his death, were you?

MR HOON: I said that on the last occasion.

MR GOMPERTZ: Yes. Would you like, then, to look at TVP/3/238 which will come up on your screen, which is the text of an interview which you had with Mr Peter Sissons after Dr Kelly had died.

MR HOON: Yes.

MR GOMPERTZ: Do you want to find the paper copy?

MR HOON: Yes, please, if I may. Yes, I have it. Thank you.

MR GOMPERTZ: What you said in answer to Mr Sissons' allegation that your Department and you personally outed Dr Kelly as the probable mole was that that was simply not right, as evidence from the Department will show you followed very carefully established MoD procedures and that certainly, as far as you personally were concerned, "We protected his anonymity". Is that right?

MR HOON: That is what I said, certainly.

MR GOMPERTZ: Was what you said to Mr Sissons correct?

MR HOON: Yes.

MR GOMPERTZ: You, personally, named Dr Kelly in a letter to the BBC, did you not?

MR HOON: In a private letter to the Chairman of the Governors, yes.

MR GOMPERTZ: Yes. Do you want to look at that, or not?

MR HOON: I am fairly familiar with it.

MR GOMPERTZ: It is MoD/1/71.

MR HOON: Yes. Yes.

MR GOMPERTZ: Was that protecting Dr Kelly's anonymity, Mr Hoon?

MR HOON: I think writing a letter in confidence to the Chairman of the BBC, having taken some trouble to ensure that it was only seen by Mr Davies, is protecting his anonymity, yes.

MR GOMPERTZ: Whose idea was it that you should embark on this strategy with the BBC?

MR HOON: There had been some considerable discussions, over a number of days, about the best way to identify whether or not, first of all, Dr Kelly was Andrew Gilligan's primary source, and whether the BBC would acknowledge that fact.

MR GOMPERTZ: Yes. Whose idea was it that this strategy should be implemented?

MR HOON: Well, I think we had had a number of discussions. I had certainly had them over the weekend with Alastair Campbell. I had discussed it, again, with him on the Monday evening. Although I was not present at the meeting on Tuesday that took place in the Cabinet Office, I assume that it was discussed there as well because on the Wednesday morning, as I have just given evidence, I had a message from Jonathan Powell, which I took to be on behalf of the Prime Minister, saying that it was now appropriate, as far as they were concerned, that I could privately mention to Gavyn Davies that the person who had come forward was, in fact, Dr Kelly.

MR GOMPERTZ: I am not concerned with the dispute between the Government and the BBC, although it may be that others will be. All I want to ask you is the question that I have already put: do you consider that this tactic was protecting Dr Kelly's anonymity?

MR HOON: I could see no reason why, in a confidential letter sent to the Chairman of the BBC, that this would result in Dr Kelly's name being widely known. Indeed, having looked at the evidence, I do not think it did.

MR GOMPERTZ: Can we go back, please, to TVP/3/238, the interview with Mr Sissons? You see, you were asked this question, were you not, by Mr Sissons about halfway down the page: "Whose idea was it to name him in the letter to the BBC which was subsequently leaked?" You answered: "As I say there was a careful procedure within the MoD, the procedures of the MoD were scrupulously followed. And it was, at an appropriate stage, judged that given the prospect of the name of Dr Kelly being revealed in any event, that it was better to invite the BBC to comment, rather than to allow there to be the kind of chase by the media that we've seen all too often in these kinds of circumstances. Again, these are matters for the inquiry." The first question I ask you about that is: what are these careful procedures of the MoD which were scrupulously followed?

MR HOON: Well, there were personnel procedures. As I indicated to the Inquiry before, it was my judgment that those were best left in the hands of those responsible, ultimately the Permanent Secretary. He delegated the responsibility of interviewing Dr Kelly to the personnel director, Richard Hatfield. I have read his evidence. It confirms it is consistent with what I was told at the time. He looked at this matter, first of all, on the basis of whether or not there was a disciplinary issue. Having decided that there was not, he then conducted a further interview with Dr Kelly. As I understand it, that is consistent with Ministry of Defence personnel procedures.

MR GOMPERTZ: There are no procedures for naming civil servants, are there?

MR HOON: I did not name Dr Kelly other than in a private letter to --

MR GOMPERTZ: That is not the question I asked you, Mr Hoon. I am very sorry to interrupt you. There are no procedures for naming civil servants, are there?

MR HOON: Well, I think that is not the fairest way of putting this issue. The issue is whether the procedures were followed. The procedures, as I have indicated, were followed. Since I did not name Dr Kelly other than in relation to the letter that I wrote privately to Gavyn Davies, I am not sure where your question takes us.

MR GOMPERTZ: Well, let us see. What I suggest to you is that there was a deliberate Government strategy to leak Dr Kelly's name into the public arena without appearing to do so, by a combination of the press statement, the question and answer material, the Prime Minister's official spokesman press briefing and other leaks which appear to have taken place to the press. That is what I suggest.

MR HOON: Well, you have put that point to a number of witnesses; they have all denied it; and I deny it.

MR GOMPERTZ: His name was leaked, was it not?

MR HOON: Not by me.

MR GOMPERTZ: No?

MR HOON: No.

MR GOMPERTZ: Because, let us just finish with this document on TVP/3 --

MR HOON: I apologise for interrupting you. But the suggestion you are making is there is some evidence that I leaked it. Perhaps you would indicate where it is so that I can comment on it.

MR GOMPERTZ: We will come to that in just a moment. What I am going to ask you next is this, Mr Hoon. You say about two-thirds of the way down that document: "I'm not aware that his name was leaked. It was certainly not leaked by me, and I assure ['you' it must be] that we made great efforts to ensure Dr Kelly's anonymity."

MR HOON: That is right, yes.

MR GOMPERTZ: What efforts did you make or did the MoD make to ensure Dr Kelly's anonymity?

MR HOON: Well, first of all, the knowledge of his name was limited to a very small number of people within the Ministry of Defence. I gave evidence on the last occasion that I was not told of his name until the Friday evening in a conversation with the Permanent Secretary. I did not tell my own special adviser until Wednesday 9th July. He learned about it from a news bulletin the previous evening. My principal private secretary did not tell other members of the office of what had occurred. My office removed all identifying details from the copy of Dr Kelly's letter faxed to my constituency office on Friday 4th July because I did not have a secure line in my constituency office. Before we sent the private letter to Gavyn Davies we assured there was a fax line immediately available to him, again to ensure the letter did not fall into other hands. The press statement did not contain details about the name of Dr Kelly. Despite efforts by a number of journalists to require the press office to identify him by name, that was resisted. A whole series of steps were taken to protect Dr Kelly's anonymity.

MR GOMPERTZ: Would you like to look at the press statement which was issued? MoD/1/67, please.

MR HOON: Could you give me the date, it assists me in finding the --

MR GOMPERTZ: It was issued on 8th July at 5.45 pm.

MR HOON: Thank you. Yes. I have it there, yes.

MR GOMPERTZ: First of all, there is the obvious point in line 1, it was stated that the person was an individual working in the MoD; right?

MR HOON: Yes.

MR GOMPERTZ: Then if you go to the third paragraph: "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." That is a pretty limited class of persons, is it not?

MR HOON: It is obviously a limited class. Whether it is "pretty limited" I think depends on how much information you have at the time about Dr Kelly. It seems to me clear that those journalists who had had contact with Dr Kelly would have thought that this was referring to him. Those journalists who had not had contact with Dr Kelly, I doubt this would have assisted them.

MR GOMPERTZ: This was a press statement, was it not?

MR HOON: Yes, it was.

MR GOMPERTZ: So journalists were going to receive it, obviously. And they were going to follow the leads given in it, were they not?

MR HOON: I have no doubt that journalists throughout this period were trying to identify who was the source of Andrew Gilligan when he had his conversations, yes.

MR GOMPERTZ: In your desire to protect Dr Kelly's anonymity at all times, did you consider that this press statement might alert journalists?

MR HOON: I did not consider that it would alert journalists in the sense you are suggesting. It certainly inevitably meant that their interest in this matter would be heightened, yes.

MR GOMPERTZ: I mean, for example, we have evidence from Mr Norton-Taylor of the Guardian. He said that it whetted his appetite, which I have no doubt is substantial. Did that occur to you?

MR HOON: I have just answered your question. I recognise that the issuing of a statement was likely to lead to journalists wanting even more than they had previously to identify Andrew Gilligan's source. But there is clear evidence that journalists were already looking for Andrew Gilligan's source. I accept that this was bound to increase their enthusiasm for making that identification.

MR GOMPERTZ: You also became aware, did you not, of what was said at two press briefings by the Prime Minister's official spokesman, Mr Tom Kelly, on 9th July?

MR HOON: I became aware afterwards, yes.

MR GOMPERTZ: Yes. I do not want to take up a lot of time looking at the documents, but since you have looked at them, would you agree with me that amongst other bits of information given on that occasion was the fact that the person concerned was a technical expert? I can give you the reference if you --

MR HOON: I think I have it, actually -- I have a record of the Lobby.

MR GOMPERTZ: Thank you. A technical expert; right? Try CAB/1/220, if that helps you.

MR HOON: Well, in any event, I am absolutely clear that I had no contact with anyone who was responsible for giving that briefing before it took place.

MR GOMPERTZ: Yes. I am putting to you a rather wider point at the moment, that the Government as a whole had decided on a strategy which would leak Dr Kelly's name into the public arena, with a view to him giving evidence before the FAC. Now, is that a strategy that you recognise or not?

MR HOON: No, it is not; and indeed I do not believe that there is the slightest shred of evidence for that assertion.

MR GOMPERTZ: Let us go back to the briefing by Mr Kelly on 9th July. He said the following things, did he not: that the person concerned was a technical expert?

MR HOON: Yes.

MR GOMPERTZ: That he worked for a variety of Government departments?

MR HOON: He actually said for a "number", but yes.

MR GOMPERTZ: Very well. That he was currently working for the Ministry of Defence?

MR HOON: Yes.

MR GOMPERTZ: That his salary was paid by another department?

MR HOON: Yes.

MR GOMPERTZ: That he was on secondment to the MoD?

MR HOON: (Pause). I cannot actually see that, but I will take your word for it.

MR GOMPERTZ: Thank you. That the nature of his work meant that he was more of a consultant than a secondee? (Pause). We can go to the passages if you are doubtful about them, but I am trying to save time. Do you follow?

MR HOON: I do follow.

MR GOMPERTZ: Are you happy with that or not?

MR HOON: I cannot see it at the moment, but I will take that from you.

MR GOMPERTZ: Thank you. And that there were only a few people who were paid a salary by this particular Department but worked for other Departments?

MR HOON: Perhaps you could refer me to specifically that part of it.

MR GOMPERTZ: Yes. If you look at --

LORD HUTTON: Can we have that on the screen? CAB/1/220.

MR GOMPERTZ: Certainly, my Lord. 220.

MR HOON: Could you give me the date of that?

MR GOMPERTZ: Yes, of course. It is 9th July.

MR HOON: The morning Lobby briefing?

MR GOMPERTZ: I am actually looking at the afternoon. There was information given at the morning one as well.

MR HOON: Sorry, that is where my confusion arises.

MR GOMPERTZ: I am so sorry. Page 220. CAB/1/220, bottom of the page. I will not go through it all again. If you could just read the last three lines of 220; and then if we can go over to 221, please, to the top of the page. I think you will see that the matters that I have been putting are all there?

MR HOON: Hmm. There are two Lobby briefings in the course of each day and I was looking at the first one.

MR GOMPERTZ: I understand. Do you see the point that was troubling you?

MR HOON: Yes, I do. Thank you.

MR GOMPERTZ: "... the PMOS said that providing this information [as to who paid his salary] would make it easier to identify him given the fact that there were only a few people who were paid a salary by this particular Department but who worked for other Departments." Right?

MR HOON: Hmm.

MR GOMPERTZ: If you just go down the page on 221 --

MR HOON: Sorry, this is what was confusing me. This was a question put to him. This was: "Asked why..."

MR GOMPERTZ: Yes. "Asked why we were --

MR HOON: Asked if he was paid by the FCO, the PMOS declined to answer the question on the grounds that he did not want to do anything which might identify who the person was.

MR GOMPERTZ: Can we read it: "Asked why we were so reluctant to say which department paid his salary, the PMOS said that providing this information would make it easier to identify him [then these words] given the fact that there were only a few people who were paid a salary by this particular Department but who worked for other Departments." Quite right he did not identify which Department it was which paid his salary, but there were only a few people who were paid a salary by that Department but who worked for other Departments. That is the point I am making. Do you follow?

MR HOON: I do follow.

MR GOMPERTZ: Thank you. Would you now go down to the middle of the next --

LORD HUTTON: Is there any point you want to make on that, Secretary of State? You have in sense, I think, already made a point.

MR HOON: I am somewhat puzzled as to why I am being asked questions about what someone else said in relation to a briefing I had no part in and which I could not reasonably have anticipated was going to be given in this way.

MR GOMPERTZ: For the reason I have already put to you, that this was not just a strategy devised by the MoD, was it? This was a Government strategy.

LORD HUTTON: Is your evidence, Secretary of State, that whatever may have been the strategy in the minds of other people, you were not aware of this strategy and you were not aware that this information would be given out at the Lobby briefing? Is that what you are saying?

MR HOON: That is exactly my position, my Lord.

LORD HUTTON: Yes.

MR HOON: Learned counsel is suggesting there was some sort of a conspiracy right across Government for all these people to be involved in giving out small parts of information which he has concluded provided a picture. But there is just no evidence of that, my Lord. Certainly as far as I am concerned there was no such conspiracy.

LORD HUTTON: I think Mr Gompertz is putting to you that there was a conspiracy on the part of the Government as a whole. You have said, as far as you were concerned, you were not aware of that.

MR HOON: Yes.

LORD HUTTON: Do you want to add anything further on that point that Mr Gompertz has put to you?

MR HOON: Not only was I not aware of it, I would be extremely surprised, not only in the light of the evidence which your Lordship has heard but also what I knew of what was going on elsewhere in Government, if that is a possible argument that any reasonable person could make.

MR GOMPERTZ: Well, thank you for that, Mr Hoon. Are you suggesting that No. 10 is in the habit of issuing press briefings concerning a particular Department, in this case your Department, without any consultation whatsoever?

MR HOON: That is a very difficult question to answer precisely. I am sure that as and when issues arise -- bear in mind that journalists who attend these Lobby briefings are trying to catch out the briefers on a range of issues and will ask all sorts of questions, some of which may be anticipated given the news of the day, some of which may not. So I think strictly the answer to your question is that by and large it would not always be possible for, on every occasion, the briefers to consult with the Department. They would simply have no notice of the questions that were coming up.

MR GOMPERTZ: In this particular instance this was the story of the moment, was it not?

MR HOON: Yes, it was.

MR GOMPERTZ: Yes. So are you saying that what Mr Tom Kelly said on this occasion was without your knowledge in any shape or form?

MR HOON: It was without my knowledge in any shape or form, yes.

MR GOMPERTZ: Let me ask you about the Q and A material which you have been asked about again this morning. What you are saying, as I understand it, is that on 9th July you did not actually see the Q and A material; have I understood correctly?

MR HOON: That is absolutely right. I did not actually see it at all.

MR GOMPERTZ: It was never passed to you so that you held it in your hand or had it in front of you?

MR HOON: That is right.

MR GOMPERTZ: But that there was some discussion about some of the content of it?

MR HOON: One aspect of what was in the Q and A document, yes.

MR GOMPERTZ: Yes. Do I understand that you have a copy of the transcript of your previous evidence in front of you?

MR HOON: Yes, I do.

MR GOMPERTZ: Because you were asked about one passage and one passage only where you dealt with the Q and A material on the previous occasion. I would like to ask you about the other two. Could you, please, turn to page 52 of the internal numbering?

MR HOON: Yes.

MR GOMPERTZ: You see at line 6 you are asked: "Question: Do you know whether or not Dr Kelly was told about the draft Q and A material and the Q and A material as deployed?"

MR HOON: Hmm.

MR GOMPERTZ: You answer: "Answer: I do not, no." Then you go on to volunteer: "But can I make clear that I did not see either of these documents." That so far is consistent with what you have said this morning. Then you go on: "They were not submitted to my office. That would not be something that I would normally deal with." What about, "They were not submitted to my office", Mr Hoon? Was that the whole truth?

MR HOON: So far as I am aware, yes.

MR GOMPERTZ: But they were in your office, you have just told us this morning.

MR HOON: I do not think I have actually, no.

MR GOMPERTZ: What, the Q and A material?

MR HOON: I do not think I have said that they were in my office.

MR GOMPERTZ: Well, they were discussed.

MR HOON: That is not the same thing.

MR GOMPERTZ: Oh, I see. Are you not aware of the evidence of Ms Pam Teare?

MR HOON: Yes, I read her evidence very carefully.

MR GOMPERTZ: That she probably had a copy with her.

MR HOON: I think, with the greatest respect, that is a very bad point. I cannot anticipate what Ms Teare had with her at the time. I gave you the evidence to the best of my knowledge and recollection. If I may say so, I thought that you seriously misled Pam Teare as to the facts before the Inquiry.

MR GOMPERTZ: I do not seem to be doing very well, Mr Hoon, in your judgment.

MR HOON: You put to Pam Teare -- this is the point -- I think it is important. You put to Pam Teare that there was evidence in the Inquiry that there was a discussion about the Q and A. In fact, I have not been able to find any such evidence. I think you are probably referring to what Mr Richard Taylor said.

MR GOMPERTZ: Yes, I was.

MR HOON: Well, Richard Taylor said categorically that there was no such discussion.

MR GOMPERTZ: I do not think so but let us --

MR HOON: I can give you the quotation.

LORD HUTTON: I think we should look at the transcript of Mr Taylor's evidence. Do you have a reference to the part of his evidence, Mr Hoon, that you want to refer to?

MR HOON: Well, it is at page 81 of Mr Taylor's evidence, my Lord. He said: "I would not call it a discussion of the Q and A material."

LORD HUTTON: I think perhaps if you would like to read from line 2 of 81. Do you have that before you, Mr Gompertz?

MR GOMPERTZ: I do my Lord, yes.

LORD HUTTON: If you would like to read from line 2 of 81, Mr Hoon.

MR HOON: My Lord, I only have my notes. I do not have the full --

LORD HUTTON: I think you should. Do we have a spare copy of the transcript we could put before Mr Hoon?

MR GOMPERTZ: I am sure we can provide one, my Lord. It may just take a moment.

LORD HUTTON: Yes, certainly. (Pause).

MR GOMPERTZ: I am afraid we cannot help, I am sorry about that.

LORD HUTTON: If I may burden you, Mr Gompertz, would you like to read from line 2 of page 81, I think down to page 82 to about line 3, or further if you wish.

MR GOMPERTZ: Certainly, my Lord. That is certainly one of the passages in mind. Line 2 on page 81 Mr Taylor was asked -- Mr Hoon now I think has a copy: "Although you have not been party to any of the discussions which led to the press statement --

MR HOON: Can you remind me which line you are at?

MR GOMPERTZ: Line 2, page 81: "Although you have not been party to any of the discussions which led to the press statement being issued, or indeed the Q and A material, was anything mentioned about the press statement at that morning meeting? "Answer: Not specifically about the press statement. "Question: Was anything mentioned about the Q and A material? "Answer: At the end of a discussion on how to follow up the letter to Mr Davies there was a brief discussion on what we should do if journalists were to ring and put the name directly to the Department of who the official was. I would not call it a discussion of the Q and A material. There was a discussion of one of the questions, which I have since learnt was in the Q and A material. "Question: Was there any discussion about the other questions in the Q and A material? "Answer: No, not -- "Question: Was he a member of UNSCOM et cetera? "Answer: No, to the best of my recollection we only discussed the rationale for what to do if the name was put directly to the Department. "Question: What was the debate or was there a debate or you were all of one view? "Answer: The Director of News outlined the approach which had been agreed the previous evening for use by the press office as the statement was published. "Question: Who did she say had agreed that? "Answer: She did not at the time say who had agreed it. She was outlining material which she, as Director of News, and her press office were using. I, at the time, would have assumed it was written by her." I think we can stop there. So Mr Taylor, I suggest, is making it clear that there was some discussion of one aspect of the Q and A material.

MR HOON: What you have put to Ms Teare that I was complaining about, you put to her that we have some evidence to suggest that the Secretary of State saw the Q and A document. That was simply not right. There is no such evidence.

MR GOMPERTZ: I think I asked her whether she could say whether you did see it.

MR HOON: No, no, I am quoting you directly, Mr Gompertz.

LORD HUTTON: Mr Hoon, I will look at the transcript. I have your point on this, yes.

MR HOON: But I think, Mr Gompertz, if I may explain: you are not properly understanding the way in which a Q and A document works. A Q and A document is prepared for the use of press officers. It is not something that comes to my office. It is based on decisions that are taken by the Department as a whole as a guidance for press officers when they are answering questions put to them by journalists. If I may give you an example: at around this time we were taking a decision on which particular training aircraft should be purchased for the Royal Air Force. Eventually a decision was taken on which aircraft we would choose. That would have been, I am sure -- I have never seen it, but I am sure that would have been incorporated into a question and answer document, but I would not have needed to see the answer to the question which I am sure was likely to be the first question: which training aircraft has the Ministry of Defence decided to purchase? It would have then given the answer. But I would not have needed to see that because in fact it was simply reflecting decisions previously taken by the Ministry of Defence, in exactly the same way that I take it that this question and answer document was reflecting the views taken in the Department.

MR GOMPERTZ: Can I ask you now, then, to look at another passage in your evidence on the previous occasion? Page 69, line 17 is the question. Do you have that?

MR HOON: Yes, I have.

MR GOMPERTZ: I do not think I need read the question, in fact. But at line 22 you say this: "I did not see this Q and A and played no part in its preparation, so it is a little difficult for me to comment about any underlying purpose." Is that an answer that you stand by?

MR HOON: Well, the Q and A had been prepared the night before.

MR GOMPERTZ: Yes. So you do stand --

MR HOON: Therefore I played no part in its preparation.

MR GOMPERTZ: Even though there was discussion about it the following morning in your office?

MR HOON: I was asked by the Permanent Secretary whether I confirmed the document that had been prepared the night before, as far as one small aspect of it was concerned, which was the decision to confirm Dr Kelly's name if a journalist got it right, and I agreed to that. But that was the only issue that was raised with me by either the Permanent Secretary or indeed in the subsequent press briefing meeting.

MR GOMPERTZ: So apart from those matters, you had no knowledge of the Q and A material being prepared in your Department at all?

MR HOON: Not until I saw the Q and A document much later, no.

MR GOMPERTZ: Did it occur to you that the material contained in the Q and A document might lead to the identification of Dr Kelly if the right questions were asked by journalists?

MR HOON: Well, with the benefit of hindsight I can see that the answers to some of those questions might have assisted journalists in that process, yes.

MR GOMPERTZ: But you did not, at the time, think to look through the document in its entirety in order to continue your avowed intention of protecting Dr Kelly's identity at all times?

MR HOON: Well, I have made clear on more than one occasion that this is a routine process entered into for the benefit of press officers answering questions put to them by journalists. It has never been my practice to go through the Q and As which I am sure are routinely prepared in relation to a whole range of subjects in the Ministry of Defence.

MR GOMPERTZ: Can I turn to another topic? I believe that you had a telephone conversation with Mr Alastair Campbell on the morning of Saturday 5th July.

MR HOON: Yes, I did.

MR GOMPERTZ: You told us about that, I think, on the previous occasion, as indeed Mr Campbell has given evidence about it. Can you tell us who called who, please?

MR HOON: I am confident that I called him.

MR GOMPERTZ: Yes. For what purpose?

MR HOON: I had seen a story in that morning's Times, written by Tom Baldwin, which seemed to indicate some greater knowledge of the identity of Andrew Gilligan's primary source than, for example, I had been able to glean from any evidence that Andrew Gilligan had given before the Foreign Affairs Committee. So it seemed to me that Tom Baldwin had some information that was not readily available otherwise.

MR GOMPERTZ: Somehow Mr Campbell came to write in his diary the two words "plea bargain".

MR HOON: Hmm.

MR GOMPERTZ: How did that come about?

MR HOON: Well, I cannot strictly answer that question but, as I indicated on the last occasion, we had a conversation about the process that I think I have already described to the Inquiry today; a process whereby initially there was a consideration of whether or not there were any disciplinary questions that Dr Kelly might face, followed by a recognition that having come forward voluntarily, apparently cooperating, that the matter could be dealt with in a different light. And I believe what I told the Inquiry on the last occasion, and I stand by, is that that description might have led Mr Campbell to see this in terms of, journalistic shorthand, a plea bargain.

MR GOMPERTZ: What Mr Campbell wrote in his diary, as I understand it, is this: "GH said his initial instinct was to throw the book at him but in fact there was a case for trying to get some kind of plea bargain." Do you recognise that statement?

MR HOON: Well, I have seen those words.

MR GOMPERTZ: Well, do you recognise those words as words spoken by you during this telephone conversation?

MR HOON: No, I do not. I indicated to the Inquiry on the last occasion that I recognised them as journalistic shorthand for rather a long explanation that I had given to Alastair about what had, by then, taken place.

MR GOMPERTZ: You know perfectly well the meaning of the expression "plea bargain", do you not? Lord Hutton took you through it last time, did he not?

MR HOON: He did.

MR GOMPERTZ: And you know it anyway having practised at the bar yourself.

MR HOON: I am well aware of it.

MR GOMPERTZ: Yes. How could that expression, on your account of matters, have any relevance to what you were discussing with Mr Campbell?

MR HOON: As I indicated on the last occasion, Dr Kelly was coming forward, he volunteered, he appeared to be cooperating. That -- perhaps you would be best putting these matters to Mr Campbell, but that is an aspect, at any rate, of what happens where there is a plea bargain, someone cooperates with the authorities.

MR GOMPERTZ: What you are talking about, someone coming forward, cooperating and so on, that is mitigation, is it not? There is no element of a bargain there.

MR HOON: No, there is not; and I was at great pains to emphasise that there was no bargain; and indeed when you put that I think to Mr Hatfield, he said there was no bargain. Nothing followed from this conversation at all. There is no evidence at all anywhere that anyone entered into any kind of a bargain with Dr Kelly.

MR GOMPERTZ: The fact that he had come forward and said voluntarily what he had in his letter and then in the interview of 4th July, those were matters in the past, were they not, when you were speaking to Mr Campbell?

MR HOON: Well, to the best of my recollection, on the Saturday morning I was describing to him -- I was relaying to him second-hand conversations because I was describing to him what I had been told by the Permanent Secretary.

MR GOMPERTZ: How could there be, I quote, "a case for trying to get some kind of plea bargain" in the future?

MR HOON: Sorry, I do not follow that.

MR GOMPERTZ: How could it be that you were saying that there was a case for trying to get some kind of plea bargain?

MR HOON: I was not.

MR GOMPERTZ: Did you say anything that might have led Mr Campbell to write down words of that kind?

MR HOON: Well, I think I have explained my understanding of this exchange. I took Alastair Campbell through what had occurred up until then. I explained that Dr Kelly -- I am not even sure, to be quite -- I am pretty confident I did not actually say it was Dr Kelly, I said "the official" or something of the kind. I have indicated previously, as far as I am concerned that that was his summary of the past. I do not understand that this was anything that was to be acted on for the future. Indeed, there is no evidence that anyone so acted.

MR GOMPERTZ: Did you think that Dr Kelly ought to give evidence in front of the FAC?

MR HOON: When I received a request from the Chairman of the Foreign Affairs Committee, I eventually concluded, with the benefit of the advice that I had received, that, yes, he should give evidence once his name was in the public domain, yes.

MR GOMPERTZ: And if he gave evidence in front of the FAC contrary to the account which Mr Gilligan had given, that would assist the Government, would it not?

MR HOON: I think it would assist everyone. I think it would have assisted --

MR GOMPERTZ: Never mind everyone, what about the Government?

MR HOON: I am including the Government in "everyone".

MR GOMPERTZ: Right.

MR HOON: The Government would have benefited; the BBC would have benefited; and I think, most importantly, the public would have benefited. And the point that I made right at the outset of my original evidence was that the difficulty with Andrew Gilligan's story was that we were not in a position to assess the nature, quality, status of his source. So that ultimately it was of benefit to everyone that he should give evidence once he had been identified.

MR GOMPERTZ: Was this a benefit which you were referring to in your conversation with Mr Campbell, when you said there was a case for trying to get some kind of plea bargain?

MR HOON: Perhaps I need to look at his diary in order to be sure about what you are saying. I have summarised, I think on more than one occasion, and I do not wish to try your patience by repeating it, but these were Alastair Campbell's words, they were not my words; and the best I can do is to say that they were a summary of the description of the process that by then I was aware had taken place.

MR GOMPERTZ: Because, of course, Dr Kelly did give evidence before both Committees.

MR HOON: Eventually, yes.

MR GOMPERTZ: With your encouragement?

MR HOON: With my agreement.

MR GOMPERTZ: Yes. In doing so, would this be right: that you overruled the advice of Sir Kevin Tebbit that it was unnecessary for Dr Kelly to give evidence to the FAC as well as the ISC?

MR HOON: I think that is a very simplistic description of a rather detailed process that took place. The advice that came from Kevin Tebbit relating to both requests, made by both Chairmen of both Committees, was, first of all, that it might be possible, in Kevin's view, that Dr Kelly should give evidence to the ISC in public. That was his thought. But by the time that I had received the advice, and by the time that I came to consider the advice, that option had already been withdrawn because it was judged inappropriate for the Government to suggest that the ISC should meet in public. In any event I doubted that the Chairman of the ISC would agree to that, since one of the main purposes of the ISC is to be able to hear matters in confidence. So once that had been withdrawn, that meant, in effect, that the only opportunity for Dr Kelly to give evidence was either in a closed session with the ISC, which I simply did not judge would be acceptable to my Parliamentary colleagues, or that he should give evidence to the Foreign Affairs Committee in public. And given that the Foreign Affairs Committee had made that request, and given that I recognised that this would be a very significant Parliamentary and public row if I refused it, it seemed to me right that I should accept the request made to me by the Chairman of the FAC.

MR GOMPERTZ: So the answer to the question is that you did overrule Sir Kevin Tebbit's advice?

MR HOON: I would not put it that way. Civil servants give advice to Ministers, it is not always accepted.

MR GOMPERTZ: Yes.

MR HOON: It is part of the process of taking decisions. "Overrule" is -- perhaps it might be good for a headline but it does not describe the process that takes place in Government. No-one was suggesting Kevin Tebbit's advice was definitive. I considered it and I decided to take a different course.

MR GOMPERTZ: And the limitations which you suggested should be put upon Dr Kelly's time before the Committee, and indeed the material which he should be asked about, they were for his benefit and not for any political reason; is that what you are saying?

MR HOON: I am certainly saying that was at the forefront of my mind, yes. Here is a man who has been asked to appear before two Parliamentary Committees to give evidence. It seemed to me right that that should be constrained to the issues that the inquiries were concerned with.

MR GOMPERTZ: Would it increase or decrease the stress on Dr Kelly to give evidence in public?

MR HOON: (Pause). I can, from experience -- I recognise that giving evidence in public is always more demanding than giving evidence in private.

MR GOMPERTZ: And with live television cover?

MR HOON: Well, that is a feature of modern Parliamentary proceedings.

MR GOMPERTZ: Would it increase or decrease the stress?

MR HOON: Again, I can see that televising a Parliamentary proceeding adds to the pressure.

MR GOMPERTZ: So why was it that you were at one stage, and I must make it plain that this is not what was finally requested, but at one stage you were considering requesting that Dr Kelly should give his evidence in public to both Committees?

MR HOON: Well, I was never, ever contemplating that; and I think -- I have seen your questioning before to previous witnesses on this subject; and again you are looking at a draft, a draft that came up from the Department, not anything that I ever prepared or acted upon. In fact, it would be fairer if you recognised that I changed that draft significantly.

MR GOMPERTZ: So let us just see what the position was. Could you look at MoD/1 --

LORD HUTTON: Mr Gompertz, I am entirely in your hands. I have to consider the stenographers. Would you like to go on for a few minutes and finish this topic? It might be better.

MR GOMPERTZ: I do not mind, my Lord. Whichever your Lordship prefers.

LORD HUTTON: If it is not breaking in on a particular line, I think perhaps we will rise for five minutes.

MR GOMPERTZ: Very well.

(11.32 am)
(Short Break)
(11.37 am)

LORD HUTTON: Yes, Mr Gompertz.

MR GOMPERTZ: Your Lordship. Mr Hoon, can I just clarify what I was asking you about? If we can have MoD/1/77 on the screen, please. Do you have that?

MR HOON: Yes, I have.

MR GOMPERTZ: If you turn over to MoD/1/78, the second page of the memorandum, enclosed with that document are drafts of the letters, so Mr Watkins says, which the Defence Secretary proposes to send to Donald Anderson and Anne Taylor later today. And he invites comments. From what you said just before we had the adjournment, are you saying those drafts were not produced at your instigation?

MR HOON: They would have been produced in the Department for my consideration.

MR GOMPERTZ: But did you have any knowledge of what was going into them?

MR HOON: I obviously saw the drafts after they came to me, before I sent them to the persons they were addressed to; and in that process I made significant changes to the drafts in order to better reflect what I thought should occur.

MR GOMPERTZ: Yes, but what I want to be clear about is that the material which was included in the drafts, are you saying that that was inserted by Mr Watkins or somebody else in your staff without your knowledge?

MR HOON: Well, drafts are routinely prepared elsewhere --

MR GOMPERTZ: Yes.

MR HOON: Sorry let me finish. Drafts are routinely prepared elsewhere in the Department. They would come up to my office. I would look at the drafts. If I accepted the draft, I would sign it and send it off. If I wanted to make changes, I would make changes; and that would be the letter that I agreed to that was then sent. This was precisely the process that occurred in relation to these drafts. The drafts were prepared elsewhere in the Ministry of Defence by officials. They were for me to consider. I considered them. I judged that it was necessary to make changes and I made changes; and those are the letters that I sent.

MR GOMPERTZ: Yes. So the idea of the hearings taking place in public you are saying was not yours?

MR HOON: The idea of the ISC hearing taking place in public was not mine, no. I think it is clear from the evidence that it was Sir Kevin Tebbit's, but it was not an idea that was -- by the time that I came to send the letter to Ann Taylor, who is the Chairman of the ISC, it was not an option that was still in play; because by then my office had received advice this was not an appropriate course of action. In any event, even if I had not received that advice I, from experience of the ISC, doubted whether they would meet in public.

MR GOMPERTZ: Could I ask you to look at a letter which was sent? MoD/1/82. This was sent to Mr Anderson. Do you have that?

MR HOON: Yes, I have.

MR GOMPERTZ: In the paragraph nearest the bottom of the page you say: "I am prepared to agree to this [him giving evidence this is] on the clear understanding that Dr Kelly will be questioned only on those matters which are directly relevant to the evidence that you were given by Andrew Gilligan, and not on the wider issue of Iraqi WMD and the preparation of the dossier." Then over the page at MoD/1/83 you make the point about the ISC and wanting to limit the period of time which Dr Kelly should appear before the Committees for.

MR HOON: Yes.

MR GOMPERTZ: The limitation of the subject matter, which I read out to you, was that for Dr Kelly's benefit?

MR HOON: Well, if I may say so in the first place, if I could refer you back to MoD/1/73 and the request that came in from Donald Anderson. He said he was making the request for Dr Kelly to appear on questions: directly relevant to the Committee's report published earlier this week, arising from the MoD statement of 9th July. Therefore the qualification here entirely reflects the request that I had received from Donald Anderson.

MR GOMPERTZ: Yes. So it was not for any political reason that you wanted to limit the scope of Dr Kelly's evidence?

MR HOON: Well, I think I then went on -- if you compare it to the original draft, this was something that I added. I indicated: "... Dr Kelly will have appeared earlier the same day before the ISC [which was our understanding at the time]. I hope that you will bear this in mind and not detain him for longer than about the same period of time indicated by the ISC. As he is not used to this degree of public exposure, Dr Kelly has asked if he could be accompanied by a colleague." Again, something I added in out of concern for Dr Kelly's welfare.

MR GOMPERTZ: Yes. The question I asked you was whether the limitation of the subject matter of questioning was for any political purpose?

MR HOON: It was to ensure that the questions put to Dr Kelly were consistent with the requests that had been made by the Chairman of the Committee, which is to pursue matters relevant to their previously published report.

MR GOMPERTZ: Because were you fearful, at all, that Dr Kelly might have some unpalatable views on some topics?

MR HOON: I knew from the outset, for example, that Dr Kelly had some distinctive views about whether Saddam Hussein's regime was still manufacturing weapons of mass destruction. He judged there was only a 35 per cent likelihood that was the case. That was a distinctive view that had been recognised by a colleague, which prompted him to come forward in the first place. Yes, I was aware that his views were not entirely consistent with those that, for example, had appeared in the dossier that had been published in September.

MR GOMPERTZ: That was the reasoning why you wanted the questioning limited to the topics which you set out in your letter, was it not?

MR HOON: On the contrary, the issue about the extent to which Dr Kelly was free to speak his mind had been considered. I have to say I did not know this at the time, but it had been considered in the preparation that he was given for his appearance before the Committee. And he was -- having read it, he was told that he would be free to speak his mind.

MR GOMPERTZ: And Mr Anderson, on MoD/1/84, was pliant to your request, was he not?

MR HOON: He said: "I share your clear understanding of the scope and duration of the questioning..." Yes. I have to say that chairmen of Select Committees do not always agree to requests made by Secretaries of State in these circumstances, nor would I necessarily expect them to. But I think it was -- as I indicated to the Inquiry earlier, the fact he used the words "I share" I think indicated his entire acceptance that I was asking for a proper definition of the areas on which Dr Kelly should give evidence.

MR GOMPERTZ: Did you consider the Osmotherly rules before you agreed to Dr Kelly giving evidence?

MR HOON: I am aware of those rules, yes; and I was aware at the time.

MR GOMPERTZ: Did you consider them on this occasion?

MR HOON: I did not go through them in detail but I understand the essential principle underlying them, yes.

MR GOMPERTZ: Did you, in particular, consider the principle underlying rule 72 that evidence can be given in closed session in certain circumstances?

MR HOON: Yes, of course, and that does happen in certain circumstances.

MR GOMPERTZ: Why not advise that?

MR HOON: Because those circumstances normally relate to security considerations. They normally turn upon evidence, particularly as far as the Defence Select Committee is concerned, where essentially we are briefing Members of Parliament on matters that are sensitive on security grounds.

MR GOMPERTZ: The Osmotherly rules are also concerned, are they not, with a situation where a Select Committee might be dealing with what, in effect, are matters of discipline?

MR HOON: I can certainly see that that is a possibility; but I did not judge that these were matters of discipline, at this stage.

MR GOMPERTZ: Did you know that the question of disciplinary proceedings against Dr Kelly had been expressly left open in Mr Hatfield's letter to him?

MR HOON: Well, I think that is pitching it rather high. Essentially, the point was that if new information arose it could be gone back to, but, I mean, that would be a -- that would be the case in any disciplinary proceedings. Essentially the disciplinary proceedings had been brought to a close; and that was done actually quite early on in these events, in the middle of the hearing on 4th July.

MR GOMPERTZ: Can I go on to another topic? We have heard from Mr Hatfield that he considered the support provided by the MoD for Dr Kelly was "outstanding". Do you agree with that?

MR HOON: I certainly think that every reasonable step was taken to ensure that Dr Kelly was properly supported, yes.

MR GOMPERTZ: So you did not think it was necessary to get Dr Kelly's consent before his name was released?

MR HOON: The Ministry of Defence did not release his name.

MR GOMPERTZ: Well, they did. In answer to a specific question in the Q and A material his name was confirmed as being correct.

MR HOON: Well, that is not quite the same as releasing it, is it?

MR GOMPERTZ: I do not want to argue semantics with you, Mr Hoon. But did you consider that he should be told that this strategy was going to be adopted?

MR HOON: Again, there was no strategy; but I was well aware that Dr Kelly anticipated that his name would become public. It was something that he had understood. It had been explained to him on the Friday; it was something that, as I understand it, was explained to him again on the Monday. Indeed, on the Monday a draft press statement was shown to him. On the Tuesday, a press statement was read over to him, and I think Richard Hatfield's evidence is "paragraph by paragraph". And he consented to that detail paragraph by paragraph. So there cannot be any doubt that on the Tuesday evening Dr Kelly was well aware that there was every likelihood of his name becoming public, which, in fact, is what happened through the assiduous efforts of journalists.

MR GOMPERTZ: Yes. What I asked you was whether you thought he ought to be consulted to see whether he consented to his name being given in response to questions put by journalists following the Q and A material?

MR HOON: I think the key time for all of these events is the point at which the press statement was issued. At that point great efforts were made to ensure that Dr Kelly was aware what was likely to follow, which was that his name would be revealed publicly. As a result of the efforts made by journalists, something that he accepted on the Friday, he accepted again on the Monday and something that he was specifically taken through on the Tuesday afternoon; something which he himself acknowledged would happen --

MR GOMPERTZ: Let me put the question the other way round then: did anybody ever inform Dr Kelly that the Q and A technique was going to be deployed?

MR HOON: No.

MR GOMPERTZ: Did you not think that that was desirable?

MR HOON: Not in the context of someone who had been entirely accepting of the fact that his name would become public, who had had it explained to him repeatedly that it was highly likely that his name would become public, who was taken through the press statement paragraph by paragraph, who had advice from the press office of the consequences, as happened, once journalists became aware of his name; who himself acknowledged the fact that it was likely his name would become public quite soon.

MR GOMPERTZ: You are aware, are you, that on 8th July Mr Hatfield wrote to Sir Kevin Tebbit a memorandum in which he said that he had told Dr Kelly: "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 [FAC] account, at least initially." If you want the reference, it is MoD/1/54, letter or memoranda of 8th July.

MR HOON: I do not think I saw that at the time, but I have seen it since.

MR GOMPERTZ: So that was, on the face of it, Dr Kelly's frame of mind on that date, was it not? That it would not be necessary to reveal his name. That is how it had been left at the end of the interview on 7th July.

MR HOON: And that is consistent with the approach that the Ministry of Defence took. The Ministry of Defence did not reveal his name. They confirmed it once a journalist had correctly identified it.

MR GOMPERTZ: But on that very day, 8th July, the Q and A material was being drafted and the press statement was being issued, with the inevitable consequence that he would be identified.

MR HOON: Well, he was taken through the press statement carefully; warnings were given by a press officer as to the consequences; it was suggested that he should take appropriate action; and he made it quite clear that he was well aware that his name would come into the public domain, in his words "quite soon". Those were words that he used to Mrs Kelly, that she gave in her evidence as they sat and watched what I take to be the 7 o'clock Channel 4 bulletin. What she said was: I knew then he was aware that his name would be in the public domain quite soon. So he recognised that fact on the Tuesday evening.

MR GOMPERTZ: Do you think there was any need to warn Dr Kelly that publication of his name was about to take place?

MR HOON: Efforts were made to warn him both on the Tuesday evening when the press statement was made and indeed on the Wednesday evening after the name had been confirmed, yes.

MR GOMPERTZ: So, Dr Kelly, we have heard, was in his garden when the news came to him via Mr Rufford, the journalist, and left very soon thereafter from his home in a great hurry.

MR HOON: Yes.

MR GOMPERTZ: Does that, to your mind, indicate that he had been well prepared for an impending media storm?

MR HOON: Well, it indicates that the day before he had been warned of what was likely to follow, which is that once the press statement had been issued this would, I think I used the word earlier, heighten journalists' interest in it. It is also clear that he received a call at around that time, around the time he was visited by Nick Rufford, I assume indicating again that he should have regard to his own position as far as the journalists were concerned. So he was warned categorically, as I understand it, both on the day before when the press notice was issued and, indeed, again after it had been confirmed.

MR GOMPERTZ: Yes. We have heard that there was no contact whatever from your press office to Dr Kelly on the day that the name was confirmed until he, Dr Kelly, telephoned the press office at about 8 o'clock.

MR HOON: Hmm -- I do not think that is --

MR GOMPERTZ: Is that outstanding support?

MR HOON: I do not think your presumption is quite right, if you will forgive me for saying so.

MR GOMPERTZ: You tell me why it is wrong then.

MR HOON: Because Mrs Kelly said in her evidence that: the MoD press office had just rung to say we ought to leave the house and quickly so we could not be followed by the press. That call occurred, in my view, at around the time or shortly after that Nick Rufford had visited, quite a long time before Dr Kelly himself called Kate Wilson.

MR GOMPERTZ: I do not want to debate the evidence with you.

MR HOON: It is the evidence of Mrs Kelly.

MR GOMPERTZ: Yes. And you have no doubt borne in mind the evidence of Mrs Wilson about this matter.

MR HOON: Well, I think Mrs Wilson was referring to a different call.

MR GOMPERTZ: I follow. So you think that the support given by the MoD with regard to the way in which Dr Kelly was informed and kept informed of what was happening was first class, do you?

MR HOON: I believe that the right steps were taken, both by those concerned with Dr Kelly's welfare, directly Mr Wells, who as line manager had that responsibility, as well as by the press office informing him at appropriate stages of what was to take place.

MR GOMPERTZ: Yes. One final matter: the drafts of the dossier. Could they not have been used in the month of July to defeat the suggestion made by Mr Gilligan in his broadcast?

MR HOON: And how would that have been achieved?

MR GOMPERTZ: By making them public, to show that the dossier had not been embellished.

MR HOON: I am not at all sure that that makes sense, if you forgive me for saying so.

MR GOMPERTZ: Well, do you mean you do not understand the question?

MR HOON: I understand the question, but I do not understand why the question is being put because it does not seem to be based on anything particularly sensible by way of explanation.

MR GOMPERTZ: Let me try to put some sense into it for you then. If the object of putting Dr Kelly's name in the public domain was to defeat the suggestion that the dossier had been embellished by way of his evidence before the FAC, why not publish the earlier drafts?

MR HOON: Well, because there are a number of things in that question that I disagree with. There was no objective of putting Dr Kelly's name into the public domain. That was not our objective. The question of the dossier and Dr Kelly's involvement in that was set out by him in his letter, which I read very carefully. A carefully drafted letter, long, detailed, in which he indicated his role in the preparation of the dossier, which I think, to the best of my recollection, was to do with the historical parts of the explanation of Saddam Hussein's possession of weapons of mass destruction. It was a very clear account of his involvement. As I say, I am puzzled as to why you think publishing successive drafts would have helped the Government's processes.

MR GOMPERTZ: Thank you very much indeed, Mr Hoon.

MR HOON: Thank you very much.

Cross-examination by MR CALDECOTT

MR CALDECOTT: One for your Lordship and one for Mr Hoon. (Handed).

LORD HUTTON: Thank you very much.

MR CALDECOTT: Secretary of State, that file may not be entirely complete but I think it has most of the documents I shall be referring to in it.

MR HOON: Thank you.

MR CALDECOTT: You would receive, would you not, final JIC assessments as part of your ministerial briefing?

MR HOON: Yes -- when you say as part of my ministerial briefing, I would receive them routinely.

MR CALDECOTT: You receive them shortly after they become final?

MR HOON: I confess I never checked the dates, but I assume so, yes.

MR CALDECOTT: They have a very high security rating, do they not, JIC assessments?

MR HOON: Yes.

MR CALDECOTT: Am I right they are above top secret?

MR HOON: Yes.

MR CALDECOTT: And they only have a code word, is that right?

MR HOON: Yes. Yes, I think this is public knowledge.

MR CALDECOTT: You would have received and read, would you, the final JIC assessment of 9th September?

MR HOON: Yes.

MR CALDECOTT: I think your evidence is that you subsequently also received and read two drafts of the dossier in the week before publication.

MR HOON: Yes.

MR CALDECOTT: I think that is the week of 16th September. I suggest to you the drafts you probably received were those of the 16th and the 19th.

MR HOON: That fits. I had been in the United States for all of the previous week representing the Government at the commemoration of the September 11th events at the Pentagon.

MR CALDECOTT: Can I ask you if any significant changes between those two drafts ever registered with you?

MR HOON: No, it did not.

MR CALDECOTT: Would I be right that nobody had made any attempt to track the changes between those two drafts when you got them?

MR HOON: No.

MR CALDECOTT: As Secretary of State you would be well aware of the important distinction between a judgment as to a possibility and a judgment as to a certainty?

MR HOON: Yes.

MR CALDECOTT: That is reflected in a known vocabulary of JIC assessments, words like "shows" for certainties and "indicates" for possibilities.

MR HOON: Yes.

MR CALDECOTT: Can I move on to the broadcast by Mr Gilligan? We know his first broadcast was 29th May. His article identifying Mr Campbell was 1st June, in the Mail on Sunday. We also know that the matter was raised at Prime Minister's Question Time on 4th June. Were you in Parliament on 4th June?

MR HOON: I cannot remember, I am sorry.

MR CALDECOTT: Can I be candid about this: our researches tend to suggest that you were in Parliament but we have seen some film of Question Time which suggests you may not have been in the chamber during the actual Question Time. Does that help?

MR HOON: I am sorry it does not, because I might watch Question Time in my office.

MR CALDECOTT: Yes.

MR HOON: I am sorry, I do not wish to be unhelpful but I simply do not know.

MR CALDECOTT: I suspect everybody here knows it but most rooms in the House of Commons have a screen showing what is going on.

MR HOON: As does my office in the Ministry of Defence.

MR CALDECOTT: It would be right that Parliamentary Questions by the Leader of the Opposition on this topic of high public interest which also concerned your Department would have been something you would have followed closely?

MR HOON: I would, but again I do not want to give you any -- make any suggestion that because I would follow it closely I was necessarily watching it, because I simply do not recall what I was doing that particular day at that time.

MR CALDECOTT: After then or thereafter you would have been fully aware of the Government stance on those questions concerning Mr Gilligan's allegations of only a few days earlier?

MR HOON: I was, yes.

MR CALDECOTT: Can I just remind you, please, it is CAB/1/238, as to what the Prime Minister said in response to Mr Duncan-Smith. It is the first page, I think, in your bundle.

MR HOON: Thank you.

MR CALDECOTT: It may be the second page. It is 238, the second page, I want to refer to. At the top of the page you will see a sentence starting: "In particular..." He there deals with the 6.07 broadcast and the suggestion of insertion.

MR HOON: Yes.

MR CALDECOTT: Which we know is very vigorously challenged: "... the claim that the readiness of Saddam to use weapons within 45 minutes of an order to use them was a point inserted in the dossier at the behest of No. 10 is completely and totally untrue."

MR HOON: Hmm.

MR CALDECOTT: I want to draw your attention to the next sentence, which goes on to deal with something rather different: "Furthermore, the allegation that the 45 minute claim provoked disquiet among the intelligence community, which disagreed with its inclusion in the dossier -- I have discussed it, as I said, with the Chairman of the Joint Intelligence Committee -- is also completely and totally untrue. Instead of hearing from one or many anonymous sources, I suggest that if people have any evidence, they actually produce it."

MR HOON: Hmm.

MR CALDECOTT: If you kindly, please, just go over the page to a further statement by the Prime Minister at the top of page, CAB/1/239: "I have already said that we will produce all the evidence for the Intelligence and Security Committee. I really think that that is the sensible and right way to proceed. It can then come to a considered judgment and I will publish the report. I repeat that all the allegations that have been made are completely without any substance." Do you agree with me, Mr Hoon, that if any evidence subsequently emerged that there had been disquiet within the intelligence community that the House of Commons would have had to have been informed immediately?

MR HOON: Yes.

MR CALDECOTT: Do you also agree that any members of the Intelligence and Security Committee listening to that statement by the Prime Minister would be confident that they would be getting all evidence which might be relevant to those issues?

MR HOON: Well, I would just emphasise the qualification which the Prime Minister made at the outset where he said "which disagreed with its inclusion in the dossier".

MR CALDECOTT: Well, can we just read it again? I am not going to debate it endlessly but going back to 238: "Furthermore, the allegation that the 45 minute claim provoked disquiet among the intelligence community, which disagreed with its inclusion in the dossier ... is also completely and totally untrue." I suggest that anybody listening to that would conclude (a) they did not agree with its inclusion and (b) they expressed no disquiet about it.

MR HOON: I think that is a literal interpretation of those words, yes.

MR CALDECOTT: It is a fair interpretation, is it not? Because it is important that the public, who effectively he is addressing through Parliament here, it is important to understand how they would interpret it?

MR HOON: Yes.

MR CALDECOTT: Also, no doubt, you would have been interested in the conclusions of the Foreign Affairs Committee when they were published on 7th July.

MR HOON: Yes, I was. Yes.

MR CALDECOTT: And you will have read them?

MR HOON: I certainly read the conclusions on 7th July, yes.

MR CALDECOTT: Can I, please, draw your attention to paragraph 86 of that report at FAC/3/31. I think I am right in saying these conclusions are all listed compendiously at the end. We get it here in its individual section.

MR HOON: Yes, I have that.

MR CALDECOTT: It is towards the end of that conclusion, in paragraph 86 at the bottom of the page: "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."

MR HOON: Hmm.

MR CALDECOTT: Do you see that?

MR HOON: Yes, I do.

MR CALDECOTT: It is clear, is it not, therefore, that the Foreign Affairs Committee were under the impression, at least, that there was no reliable evidence of any such distancing by the intelligence community from the 45 minute claim as it appeared in the dossier?

MR HOON: Yes.

MR CALDECOTT: That was published on 7th July. Can we move forward only 11 days, please, to a memo to you from Mr Howard, DCDI, of 18th July. MoD/4/6.

MR HOON: It does not appear to have its accompanying --

MR CALDECOTT: I am very sorry. Perhaps you better use the screen. If it is not there, that s my mistake.

MR HOON: It is there. It only seems to be part of the document, as I recall it, but I will --

MR CALDECOTT: It has some three pages with some annexures. You do not have the speaking note, I am not going to ask you about that. It is just the main memo.

MR HOON: I have that here. I am simply indicating to you that it is not the whole document.

MR CALDECOTT: This is a briefing memo from Mr Howard, DCDI. You have the opening page?

MR HOON: Yes.

MR CALDECOTT: We can see from paragraph 1 that he is addressing the question of: how should we respond to the Intelligence Security Committee if the issue of the procedure whereby DIS members can complain about the misuse of intelligence arises.

MR HOON: Hmm.

MR CALDECOTT: But also the question of whether it was in fact used at the time of the September dossier. So it is a double question that he is addressing. I think I can take this quite shortly. If one looks at paragraph 5 on MoD/4/7, the next page, please --

MR HOON: Yes.

MR CALDECOTT: -- about halfway into that paragraph: "In the course of this debate [this is the debate about the dossier] two individuals in DIST (one of whom is still in post and one of whom has retired) raised in writing some specific concerns about the precise wording on issues relevant to their areas of expertise." You will see two lines down: "I attach copies of the relevant minutes." In fact it is right to say that Mr Howard was against your producing those minutes, was he not, to the ISC, and he was against you telling the ISC who the authors were?

MR HOON: Yes.

MR CALDECOTT: But I am more interested in why you accepted that advice than what the advice was. Did you read those minutes?

MR HOON: Yes, I did.

MR CALDECOTT: Can we look, please, at the first one which is MoD/22/1? You would have known that minute was from Dr Jones, branch head of the Science and Technological Directorate at DIS.

MR HOON: When you say I would have known, I saw the name at the foot of the page. I did not know Dr Jones.

MR CALDECOTT: Do you see on MoD/22/2 there is a redaction. That would have his title, would it not, as well as his name?

MR HOON: I think so, yes.

MR CALDECOTT: If you read paragraph 1, in the fourth line, it is perfectly obvious, is it not, that he is a branch head: "It is my understanding that some of the intelligence has not been made available to my branch." Do you see?

MR HOON: Yes.

MR CALDECOTT: It is also obvious, is it not, that this is not a customary exchange between analysts. I mean, you will see it is addressed to the Deputy Chief of Defence Intelligence at the top of the distribution list.

MR HOON: I have to say that I probably was not in a position to make that judgment; but for the sake of accuracy, I took this, in fact, to be exactly what you have just described. This was an exchange in relation to some rather detailed points about the language that should be used in the dossier. I think we went through this on the last occasion that I gave evidence. I took this to be a series of very technical but equally precise suggestions as to the precise language that should be used in the dossier. I did not take it in any other way.

MR CALDECOTT: But you would agree, would you not, that the precise language in the dossier is very important when there is an allegation about sexing up the 45 minutes claim and transformation at the heart of political debate at the time?

MR HOON: I agree; and indeed I would not have wanted to do anything to discourage that kind of debate amongst experts knowledgeable about their subject.

MR CALDECOTT: Did you notice the date on this document, 19th September? That in fact was the day before the drafts were finalised on the 20th, is it not?

MR HOON: I cannot give evidence about the date on which it was finalised; but I accept that it was close to the date of publication.

MR CALDECOTT: Can we look at numbered paragraph 3, please? We know he is speaking here for his branch and not merely himself: "We have a number of questions in our minds relating to the intelligence on the military plans for the use of chemical and biological weapons, particularly about the times mentioned and the failure to differentiate between the two types of weapon." So far as the times mentioned, that could only be a reference to the 45 minute claim, could it not, in the context of CBW?

MR HOON: That is certainly a possible interpretation.

MR CALDECOTT: Can I just show you the other minute? This is even later. This minute is 20th September. I do not know whether you were aware of this, but the closing time for JIC member comments was 3 o'clock on 19th September. Were you aware of that, Mr Hoon?

MR HOON: No, I was not.

MR CALDECOTT: You must in any event have been aware that this was very late indeed in the process?

MR HOON: Well, I accept that it was close to the date of publication.

MR CALDECOTT: If you, please, look at 2(b): "Prime Minister's Foreword, 8th paragraph states: "'And the document discloses that his military planning allows for some of the WMD to be ready within 45 minutes of an order to use them.'"

MR HOON: Hmm.

MR CALDECOTT: "A similar statement appears in the dossier. This is reported as fact whereas the intelligence comes from a single source. In my view the intelligence warrants no stronger a statement than '... intelligence suggests that military planning allows ...'" We will see a similar criticism at 2(d) on the following page, CAB/33/115.

MR HOON: That is right. In fact, I think it is -- when I read this originally I assumed that -- actually it is two points repeated in the context both of the Prime Minister's foreword, the executive summary, and indeed the substance of the dossier. So it is actually the same points highlighted in relation to different stages of the dossier.

MR CALDECOTT: Just look at 2(d). There is a slightly different point being made in 2(d), if we look at it carefully. He makes the same point "this is based on a single source", but then he makes another point: "It is not clear what is meant by 'weapons are deployable within 45 minutes'. The judgment is too strong considering the intelligence on which it is based." Did you know, in fact, that it was not known even what weapons were referred to in relation to this quote about the 45 minute claim?

MR HOON: Sorry, I do not understand your question.

MR CALDECOTT: Did you know that the 45 minute claim in the dossier was taken from a JIC assessment which does not in fact identify any particular weapon?

MR HOON: Well, I recall at the time having some discussion in the Ministry of Defence about the kinds of weapons that could be deployable within 45 minutes; and I think the assumption was made that they would be, for example, chemical shells, which were clearly capable of being deployed, as I think Mr Scarlett has indicated to the Inquiry, in a time even less than 45 minutes; I think he suggested 20 minutes.

MR CALDECOTT: So you knew, did you, that the munitions referred to were only battlefield munitions?

MR HOON: I was certainly aware that that was one suggestion, yes.

MR CALDECOTT: Was there any other suggestion that they were not battlefield munitions but strategic munitions?

MR HOON: I recall asking what kind of weapons would be deployable within 45 minutes; and the answer is the answer that I have just given to you.

MR CALDECOTT: Which was shells, battlefield mortars, tactical weapons of that kind?

MR HOON: Yes.

MR CALDECOTT: Would your Department be responsible for correcting any false impression given by the press on an issue of this importance?

MR HOON: I think on an issue of this importance it would not simply have been the Ministry of Defence that was solely responsible. There would have been an effort across Government.

MR CALDECOTT: Are you aware that on 25th September a number of newspapers had banner headlines suggesting that this related to strategic missiles or bombs?

MR HOON: I can recall, yes.

MR CALDECOTT: Why was no corrective statement issued for the benefit of the public in relation to those media reports?

MR HOON: I do not know.

MR CALDECOTT: It must have been considered by someone, must it not?

MR HOON: I have spent many years trying to persuade newspapers and journalists to correct their stories. I have to say it is an extraordinarily time consuming and generally frustrating process.

MR CALDECOTT: I am sorry, are you saying that the press would not report a corrective statement that the dossier was meant to refer, in this context, to battlefield munitions and not to strategic weapons?

MR HOON: What I am suggesting is that I was not aware of whether any consideration was given to such a correction. All that I do know from my experience is that, generally speaking, newspapers are resistant to corrections. That judgment may have been made by others as well.

MR CALDECOTT: But, Mr Hoon, you must have been horrified that the dossier had been misrepresented in this way; it was a complete distortion of what it actually was intended to convey, was it not?

MR HOON: Well, I was not horrified. I recognised that journalists occasionally write things that are more dramatic than the material upon which it is based.

MR CALDECOTT: Can we forget journalists for the moment and concentrate on the members of the public who are reading it? Will they not be entitled to be given the true picture of the intelligence, not a vastly inflated one?

MR HOON: I think that is a question you would have to put to the journalists and the editors responsible.

MR CALDECOTT: But you had the means to correct it, not them. They could not correct it until they were told, could they?

MR HOON: Well, as I say, my experience of trying to persuade newspapers to correct false impressions is one that is not full of success.

MR CALDECOTT: Do you accept that on this topic at least you had an absolute duty to try to correct it?

MR HOON: No, I do not.

MR CALDECOTT: Do you accept that you had any duty to correct it?

MR HOON: Well, I apologise for repeating the same answer, but you are putting the question in another way. I have tried on many, many occasions to persuade journalists and newspapers to correct stories. They do not like to do so.

MR CALDECOTT: Can I suggest to you a reason why this was not done? It would have been politically highly embarrassing because it would have revealed the dossier as published was at least highly capable of being misleading.

MR HOON: Well, I do not accept that.

MR CALDECOTT: So your suggestion is that this was a disgraceful exaggeration by the press of what was clear in the dossier as a reference to battlefield munitions?

MR HOON: I am certainly suggesting that it was an exaggeration, but it is not unusual for newspapers to exaggerate.

MR CALDECOTT: Can you tell me, if you happen to have it to hand, where in the dossier it is made clear that the CBW weapons which were the subject of the 45 minute claim were only battlefield munitions?

MR HOON: Well, I do not have it to hand; and I do not know whether it was made clear.

MR CALDECOTT: Have you read the ISC report?

MR HOON: I certainly saw the summary at around the time it was published, I think a few weeks before the dossier.

MR CALDECOTT: It says, does it not --

MR HOON: Sorry, my apologies, you are talking about the most recent report?

MR CALDECOTT: The most recent one, yes. It is my fault, I should have made it clear. Can I go back, please, to these two letters?

MR HOON: Hmm.

MR CALDECOTT: Whatever else they do, they suggest some disquiet with the 45 minutes claim very late in the process, expressed to a very senior level, do they not?

MR HOON: They certainly indicate some concern about the language used in the draft dossier that was then being considered; and they make some specific suggestions for particular amendments, which is how I read it.

MR CALDECOTT: Surely the best policy in those circumstances was simply to be open with the ISC, hand the documents over and, if you are right that they amount to very little, let the ISC come to that conclusion?

MR HOON: Well, I was not suggesting that they amounted to very little. I was suggesting that they were, I think, my Lord, I referred to them as technical amendments when I gave evidence previously. They were not challenging the inclusion in the dossier of the 45 minute point, which is the qualification that I referred you to earlier. What they were doing was, as you I think fairly said, they were changing the emphasis in the language of that particular piece of intelligence. That was properly then considered by those responsible for making these assessments and these particular suggestions were not incorporated, as I understand it; something that I asked about -- I asked about the status of these amendments, what had happened to them and why in fact they had not been included.

MR CALDECOTT: Mr Hoon, I entirely accept they were not saying: do not include the claim at all. You are obviously right about that. What they were saying is: do not include it as strongly as this; were they not?

MR HOON: I think that is fair, yes.

MR CALDECOTT: Is that not something that the ISC should have been told, in view of what the Prime Minister had said about them being given all the evidence, in view of the total denial of any disquiet about the 45 minute claim, in view of the Foreign Affairs Committee conclusion based apparently on a realisation by then as far as they knew nobody had distanced themselves from the content of the dossier? Having regard to all that background, surely the straight thing to do was to give these documents to the ISC and let them ask about them if they wished to?

MR HOON: What I did was in fact paraphrase the details contained here. I indicated to the ISC that people in the DIS had made proposals for amendments. I indicated to the ISC that the amendments suggested that the language should be tightened up in places. I outlined the fact that there was a dispute in these areas; and I specifically mentioned that the dispute was about whether the intelligence "showed" or "indicated" particular conclusions. I went on to explain to the ISC that this had been resolved within DIS; and by the then Chief of Defence Intelligence and by his deputy. I set out at each stage to the ISC precisely the process that had been gone through.

MR CALDECOTT: That is a perfectly fair summary of what you did say. We see it at BBC/30/6, just for the record. I think the two points you have made we find reflected in paragraphs 97 and 99 of the ISC report as published. But what I do not follow at the moment, Mr Hoon, is if you are happy to say that there had been a dispute on "showing" or "indicating", why were you not happy to give them the documents?

MR HOON: I think there were a number of reasons for that. First of all, this was something, as I understood it, that had been resolved almost immediately; that on the 19th and the 20th these issues had been discussed in DIS, that the particular amendment had been considered and, as far as I was concerned, had been dealt with within the system. Secondly, that I felt that if these particular documents were published at the time, that there was a clear risk that they would be taken out of context, that they would not be seen as being the result of a process that had been resolved in DIS but they would be seen as something more dramatic which, in fact, of course, when this matter was considered by the Inquiry, was precisely what happened. I had also been told to resist calls from the ISC to disclose the identities of the individuals concerned. And, indeed, the speaking note that was attached to the original advice did not specifically say that I should reveal that these amendments had been made in writing. So I felt that this was an entirely coherent account of what had taken place, which I set before the ISC.

MR CALDECOTT: Just one question: who told you that the issues raised by Dr Jones had been discussed with him?

MR HOON: I understood, by the time that I gave evidence to the ISC, which, I think, was 22nd July, so some, what -- some nine months later, I understood -- I was told that the matter had been resolved within DIS. I think that was the expression that I used earlier, that there was obviously a process within DIS for considering what I took to be straightforward suggestions for amendments of a linguistic kind that were addressed, either on the 19th in relation to Dr Jones or the 20th in relation to the other suggestions. I -- as far as I was aware, no complaint had been made by either of the individuals concerned, I think, until Dr Jones wrote again, I think to the Foreign Secretary on the 8th July. So from 19th September until 8th July, as far as I was aware, Dr Jones had made no further comment or complaint about the amendments that he put forward, which seemed to me to confirm that these had been issues resolved within DIS.

MR CALDECOTT: You were aware, were you, that Dr Jones had written a letter of complaint?

MR HOON: I think later I was, yes.

MR CALDECOTT: Were you aware then?

MR HOON: I would have to check.

MR CALDECOTT: The letter was sent to Mr Howard, DCDI, on 8th July.

MR HOON: I was certainly aware later that he had written. Whether I was aware on the 22nd, I would have to check.

MR CALDECOTT: Do you know why he wrote, Mr Hoon?

MR HOON: I think -- well, I -- I can recall some details from the letter. He wrote, I think, because he was concerned about something that the Foreign Secretary had said in evidence to the FAC.

MR CALDECOTT: Yes. He was concerned that the Foreign Affairs Committee had been misled into thinking that there had been no formal complaint about the 45 minute claim.

MR HOON: That is right, yes. But could I emphasise that when I looked at these two memos they did not seem to me, and I have looked at them again since, they did not seem to me to be letters of complaint. They seemed to be amendments, detailed amendments, suggested by two individuals, to the wording of DIS. They were detailed amendments. Both of them conceded they had not necessarily seen all of the intelligence. Both of them were of a very technical kind. And I was assured that in relation to both of them the matters had been resolved within DIS.

MR CALDECOTT: Did you agree with me that it would be extraordinary if Mr Howard had not told you that he had received a letter from Dr Jones, who was concerned that a Parliamentary Committee had been misled by Mr Straw?

MR HOON: Well, I am just checking on his advice. (Pause). I am -- I cannot call that to mind at this stage. I do not see it in the advice; but if anything turns upon it I am perfectly willing to concede that I might well have done. But I looked at these amendments as being a contribution to a debate that was taking place in the Intelligence Service. I was told that that had been resolved within the Intelligence Service. On the face of it these did not look, to me, like letters of complaint. If I thought that they had have done, I might have viewed them in a different light.

MR CALDECOTT: I have just been reminded by Mr Dingemans I am in injury time, Mr Hoon. I want to deal quickly with one more topic, if I may?

LORD HUTTON: Yes.

MR CALDECOTT: This is your letter to the BBC of the 8th July at MoD/1/66.

MR HOON: Yes. To Gavyn Davies.

MR CALDECOTT: To Gavyn Davies, the Chairman of the Governors.

MR HOON: Yes.

MR CALDECOTT: Who drafted the letter?

MR HOON: (Pause). I mean, I do not precisely know, but --

MR CALDECOTT: By your immediate Department for you, was it?

MR HOON: I would imagine that given the sensitivities of these issues that perhaps Downing Street as well had a hand in making suggestions, but I could not say accurately who precisely drafted it.

MR CALDECOTT: Can we just look, please, at CAB/11/4? Thank you. This is a note of a meeting which you were not at. It is in fact not a contemporary note but one prepared for the purposes of the Inquiry. If you look at 1.30 at the bottom there, it is the Prime Minister's meeting, do you see the third line: "Decide to draft press statement with separate private letter from GH [obviously you] to BBC Chairman giving the name."

MR HOON: Yes.

MR CALDECOTT: Were you ever told as at 1.30 on 8th July the strategy was that the name should be given to you?

MR HOON: Sorry, the name should be given to me or?

MR CALDECOTT: I beg your pardon, the name of Dr Kelly should be given to the BBC Chairman by you. My mistake.

MR HOON: I was not aware of that, no.

MR CALDECOTT: When exactly were you told that there was a new policy, which was not to give the BBC the name but you would give it if they would confirm or deny? Can you remember when it was after 1.30 that you were told of this change of direction?

MR HOON: No, I cannot. I think I gave evidence on the last occasion about the various discussions that were taking place. The meeting in Downing Street, I think, earlier in the morning had decided in fact to adopt a completely different approach by putting the matter to the ISC; and this approach was one that, in a sense, was used once it had been decided that the ISC could not be approached, I think the Chairman of the ISC had some reservations about publicising documents that had been passed to her.

MR CALDECOTT: Can I just ask you one or two short questions about the attached statement, MoD/1/67, as sent to the BBC? I will try to take these quickly.

MR HOON: Yes.

MR CALDECOTT: The fourth and fifth paragraphs of that statement give Dr Kelly's then account of what he had said to Mr Gilligan. Do you see that?

MR HOON: Hmm.

MR CALDECOTT: And you were putting that forward as a credible account to the public, were you not?

MR HOON: That was the account that Dr Kelly had given to us.

MR CALDECOTT: And you were inviting the public to conclude really two things: firstly, Dr Kelly might very well be Mr Gilligan's source; and, secondly, if he was, he had in fact, when talking to Mr Gilligan, made no criticism of Mr Campbell and nor had he made any criticism of the 45 minute claim?

MR HOON: I do not believe this literally says that he was Mr Gilligan's source.

MR CALDECOTT: I chose my words carefully, you are right. It led the public to believe he might well be.

MR HOON: I am not sure that was necessarily the intention, but -- I am not actually sure either that that was the conclusion that was drawn.

MR CALDECOTT: You see, the question I want to put to you is this: the most striking detail which appeared to give authenticity to Mr Gilligan's source was his knowledge that the 45 minute claim had a single source. Do you accept that? That was the point that was striking about Mr Gilligan's interview. His source appeared to know that the original 45 minute intelligence had a single source. Do you follow the point?

MR HOON: I follow the point but I am not sure that is how I saw it at the time. The real point about Mr Gilligan's broadcast was that he was accusing the Government of exaggerating the material in the dossier, not that it particularly turned on whether that was a single source or not. I accept that is a subsidiary issue but I would not have regarded that as being the most important part of it. In fact, I seem to recall that when the Armed Forces Minister appeared on the radio at around the same time, he confirmed that it was based on a single source.

MR CALDECOTT: It would be crucial to know, would it not, whether or not Dr Kelly knew that fact --

MR HOON: Well, given that I --

MR CALDECOTT: -- in May when he spoke to Mr Gilligan? (Pause).

LORD HUTTON: Sorry, crucial for what purpose, Mr Caldecott?

MR CALDECOTT: Let me explain. If Dr Kelly said he did not know that fact, on the face of it he was not Mr Gilligan's source; right? Because Mr Gilligan's source did tell him that the 45 minutes intelligence was based on a single source.

MR HOON: Mr Gilligan says that?

MR CALDECOTT: Yes. It would be a remarkable coincidence for Mr Gilligan to be right. He does not personally go through the MoD files, does he? Let us be realistic about that. Somebody had told him that, it was true and it was a very surprising thing for him to know. It therefore tended to suggest that the source at least had some connection to intelligence matters, directly or indirectly; right?

MR HOON: There are a lot of people who have connection to intelligence matters without being intelligence sources.

MR CALDECOTT: But either Dr Kelly did know it, right, and did tell Mr Gilligan, in which case he was not telling you the whole truth about what he had said?

MR HOON: This is Dr Kelly rather than Andrew Gilligan?

MR CALDECOTT: Yes, this is Dr Kelly talking to Andrew Gilligan; right?

MR HOON: Hmm.

MR CALDECOTT: Or alternatively, he did not know it, in which case he was not the source anyway. So either he was not the source or he was the source and was not giving you a full account of what he had said.

MR HOON: Hmm.

MR CALDECOTT: On either basis it would not be right to go public at this stage, would it?

MR HOON: Well, I do not accept that. We relied in good faith on what Dr Kelly had told us. He set it out in a letter. By then he had been interviewed twice, and it was on the basis of what he was telling us. The reason for going public, as you put it, at this stage, are for the reasons I have given on a number of occasions already. Many, many days had elapsed since Dr Kelly first approached Bryan Wells to say that he had had this unauthorised contact with Andrew Gilligan. I and the Government were concerned that we would be accused otherwise of covering up this fact if it then came out.

MR CALDECOTT: Lastly, can I just clarify one point about the letter of the 8th July coming into the public domain from you to Mr Davies? Our researches suggest that the letter itself was not released before Mr Davies released his reply, but that at a speaker's reception at the House of Commons on 8th July the gist of that letter was the buzz among journalists. Mr Hoon, I think it is pretty clear you would say you had nothing to do with releasing the gist of your letter of 8th July to the press or anybody else; you regarded it as private.

MR HOON: I regarded it as private. I too have conducted some research about how that came forward, because the BBC invited me to do so. A Guardian story, for example, the next day says, "According to BBC sources Geoff Hoon offered to tell Gavyn Davies the name of the MoD official". Pam Teare also referred to the fact that a BBC online journalist contacted the MoD press office on the evening of the 8th and asked for a copy of "Geoff Hoon's letter to Gavyn Davies". So I am afraid it is equally possible that it may have been BBC sources that made known --

MR CALDECOTT: Mr Hoon --

MR HOON: -- I have not quite finished yet -- that made known the fact that a letter had been written.

MR CALDECOTT: Well, BBC sources did that night. It is all a question of timing, as to who released what first, is it not? Can I ask you this: if you look at MoD/1/68, this is Mr Davies writing to you, he says in the first line "which I believe you have now released to the press".

MR HOON: I was very surprised by that point.

MR CALDECOTT: Why did you not come back and challenge him? You never disputed that in your letter of reply to him, did you?

MR HOON: Well, because I did not believe that I had released it to the press; and I was very, very puzzled as to why he had included that in his letter.

MR CALDECOTT: My Lord, I am grateful for the extended time.

LORD HUTTON: Very well, Mr Caldecott. Thank you.

Cross-examined by MR DINGEMANS

MR DINGEMANS: Mr Hoon, to save time I will not repeat matters covered by others. Can I just deal with the 4th July entry in Mr Campbell's diary that I think you have been taken to?

MR HOON: Yes.

MR DINGEMANS: When you gave evidence last time you recollected that the conversation was on the Saturday because you were on constituency business on Friday 4th. Having now seen that entry, I think you have said you have seen Mr Campbell's entry, does that help you with timing?

MR HOON: Not particularly. If anything turns upon it, I associated calling Alastair with the story in The Times because that seemed to me to be something that I would raise with Alastair Campbell, given his responsibilities for media issues. So that is how I recollected the conversation.

MR DINGEMANS: And you told us in evidence earlier, when you gave evidence back in August, that you had had a number of chats with Mr Campbell over the weekend.

MR HOON: Yes.

MR DINGEMANS: And on the 7th July.

MR HOON: Yes.

MR DINGEMANS: And at that stage your thinking was that the name should be got out through the newspapers, or that was being discussed; is that right?

MR HOON: That was not my thinking, no.

MR DINGEMANS: Was that ever put to you by anyone?

MR HOON: On the Monday evening, I think in one of the conversations Alastair did suggest that we might brief a journalist, but I was -- I resisted that.

MR DINGEMANS: That was briefing one journalist?

MR HOON: I think that was the suggestion, yes.

MR DINGEMANS: And no doubt anonymously ... with a line to respond to; do you recall that being said?

MR HOON: Sorry?

MR DINGEMANS: After the briefing, a line to respond to. Do you recall that being mentioned by Mr Campbell?

MR HOON: Sorry, I may be being slow today, I do not quite understand what you mean by that.

MR DINGEMANS: You had a conversation with Mr Campbell on the 7th.

MR HOON: Yes.

MR DINGEMANS: When he suggested, according to you, briefing a newspaper. After he suggested briefing a newspaper, did he suggest there ought to be a line to respond to that?

MR HOON: Well, I resisted the idea that the briefing should take place, so I do not recall him adding to that.

MR DINGEMANS: Right. You resisted the suggestion, but did he afterwards say there should be a line to respond to this, or not?

MR HOON: I think given the discussion was whether or not we should do this and I said we should not, I really do not recall anything further.

MR DINGEMANS: You have told us before that you had no involvement in the decision which we know was taken on 8th July at Downing Street, when there was a proposal that there should be evidence to the ISC and whether or not there should be a letter publicised.

MR HOON: Well, I was not present at the meeting.

MR DINGEMANS: No. And that was not discussed with you, is that right, those proposals?

MR HOON: I was aware that that was an approach that had been decided on at the meeting.

MR DINGEMANS: When did you become aware of that?

MR HOON: I think probably when Kevin Tebbit came back to the Department having finished that process; but I --

MR DINGEMANS: That is the evening of the 8th July; is that right?

MR HOON: There was some obvious confusion that afternoon, because obviously what had been decided at the meeting that morning could not be carried through because --

MR DINGEMANS: No, Ann Taylor had said she did not want a letter which was published to the FAC, so it was then decided to go down the press statement route.

MR HOON: Yes.

MR DINGEMANS: Did you have any involvement in drafting of the press statement?

MR HOON: I agreed to it.

MR DINGEMANS: After it had been drafted?

MR HOON: Yes.

MR DINGEMANS: And you had no involvement in the preparation of the Q and A material; is that right?

MR HOON: That is right.

MR DINGEMANS: Did you agree to that material?

MR HOON: The Q and A material?

MR DINGEMANS: Yes.

MR HOON: I think we are probably going round the same course again. I did not see the Q and A material. I would not expect routinely to see it. The only aspect that was specifically raised with me was the question of whether or not MoD press officers should confirm the name of Dr Kelly if it was put to them.

MR DINGEMANS: Ms Teare said in her latest evidence, and you tell us you have seen it: "I think it highly likely I would have outlined some of the material in the Q and A but I cannot give you a verbatim account", at the meeting we have heard about on 9th July following your discussion with Sir Kevin Tebbit. Do you recall that at all?

MR HOON: I recall her evidence. I have read her evidence but it did not happen in that --

MR DINGEMANS: No, no. I am not asking about her evidence.

MR HOON: It did not happen in the meeting. I have given an account of the meeting. The only issue that I now know was in the Q and A that was raised was the question of confirmation. It was raised towards the end of what was a very short meeting; and indeed I think that is precisely how Richard Taylor in his evidence describes it. I have read Richard Taylor's evidence. I do not disagree with it.

MR DINGEMANS: Did you not, when that discussion was taking place, ask whether or not Dr Kelly was happy with this proposed approach of the Ministry of Defence confirming his name?

MR HOON: I did not. But --

MR DINGEMANS: Why not?

MR HOON: Well, because I believed that proper steps had been taken to apprise Dr Kelly of the consequences of, particularly, the press statement being issued on the Tuesday; and indeed felt that that was more than sufficient to make him aware of what was possibly going to follow.

MR DINGEMANS: Do you think there is a difference between yourself being confirmed by an employer and other people working it out?

MR HOON: There is clearly a difference; but the assumption throughout, which Dr Kelly had accepted, was that at some stage his name would come out; and of course it did come out, and it came out as a result of various investigations by journalists who then put the name to the MoD press office.

MR DINGEMANS: Did you not think that he ought to have been told about the Q and A material being deployed which would have given details in addition to that contained in the press statement?

MR HOON: Again, I think that is to misunderstand the nature of the Q and A. It was not deployed in the sense that your question implies. It was simply background advice for press officers to deal with anticipated questions being put by journalists.

MR DINGEMANS: Mr Campbell said in his evidence, in hindsight -- he used those words "in hindsight" -- that it was wrong to have the name dribble out in this way. Do you agree with that?

MR HOON: No, I do not. I regret that perhaps Dr Kelly's name was bandied about amongst journalists in the way that it was, but I do not believe, given the way in which journalists operate, that there was much alternative. I do not see how it could have been the case that journalists determined to identify Dr Kelly could have been prevented from doing so.

MR DINGEMANS: Why was he not named with his consent, after his consent had been obtained, in a press statement, if it was inevitably going to come out?

MR HOON: First of all, his consent had not been sought. And we do not know whether he would have consented to that process. Secondly, we were still, at that stage, as I have said repeatedly, unsure as to whether Dr Kelly was or was not Andrew Gilligan's single source.

MR DINGEMANS: But --

MR HOON: Therefore, it did not seem to me necessarily appropriate, at that point, to volunteer his name.

MR DINGEMANS: But if the question and answer material is being drafted on the basis it is inevitable his name is going to come out, if the decision has been taken to confirm his name if given because it is inevitable his name will come out, why not actually tell him his name is going to come out, put it in a press statement and give him the express opportunity to consent? Because we have heard that Dr Kelly perceived, rightly or wrongly, he had been let down by his employers. That would have at least met that particular complaint.

MR HOON: Well, it would have met that particular complaint. Then perhaps if that course had been followed you would be putting to me a different complaint, which is that, for example, Dr Kelly was not given sufficient time to prepare himself; that he was not given sufficient opportunity to consider what course of action he should take. The approach that was taken, particularly on the evening of 8th July, to warn him that the press statement was being made, to give him the opportunity of going through all the details in the press statement and then to apprise him of the likely press interest following the issue of the press statement, at least gave him some time to think about what action he should take in order to protect himself against the enthusiasm of the press for seeking out his identity.

MR DINGEMANS: The FAC letter that you wrote, and I am not going to take you back to it, Mr Anderson said that he wanted to deal with questions directly relating to his report -- at the bottom of it --

MR HOON: Yes.

MR DINGEMANS: -- raised in the MoD press statement. At FAC/3/9 at paragraph 4 we can see what the Foreign Affairs Committee considered was directly relevant to their report: "... seeks to establish whether the Foreign and Commonwealth Office, within the Government as a whole, presented accurate and complete information to Parliament in the period leading up to military action..." In which case, were not Dr Kelly's views on the dossier highly relevant to the Foreign Affairs Committee?

MR HOON: I think that is a question that essentially is for the Foreign Affairs Committee. But if, on a proper application of the rules, officials give evidence on behalf of Ministers, which is what I understand to be the position generally speaking, then it is difficult to see why, having already taken evidence on the question of the dossier and its contents, reliability and so on, the Foreign Affairs Committee would need to go back on that in the light of one official having come forward; and I think that the concern there is that -- as I say, I think it is largely a matter for the Foreign Affairs Committee, is to establish whether, in fact, Dr Kelly would have given evidence on behalf of a minister before the Foreign Affairs Committee or whether, as I judged to be the case, he was giving evidence that only he could give evidence about.

MR DINGEMANS: Thank you, Mr Hoon.

LORD HUTTON: Thank you very much indeed. Any re-examination? MR LLOYD-JONES: My Lord, I have no re-examination.

LORD HUTTON: Thank you very much, Mr Hoon.

MR HOON: Thank you.

MR DINGEMANS: Mr Hughes.

MR LEE TERENCE HUGHES (called)
Examined by MR DINGEMANS

MR DINGEMANS: Could you give his Lordship your full name?

MR HUGHES: Lee Terence Hughes.

MR DINGEMANS: Your occupation?

MR HUGHES: Senior civil servant in the Department for Constitutional Affairs, currently acting as Secretary to this Inquiry.

MR DINGEMANS: Can you tell me this: we have heard reference to Mr Campbell's diaries. Were extracted copies of Mr Campbell's diaries provided to the Inquiry?

MR HUGHES: Yes, they were.

MR DINGEMANS: Covering all relevant entries?

MR HUGHES: They were, yes.

MR DINGEMANS: And have some highly redacted entries now been prepared, covering the relevant days?

MR HUGHES: They have, yes.

MR DINGEMANS: Has Mr Campbell been given notice of the fact that these limited extracts are going to be put in evidence?

MR HUGHES: He has, yes.

MR DINGEMANS: If we look at CAB/39/3, can we see here a letter that has been written to cover the diary entries, making the points that: he has kept a personal diary for some years; the diary is concerned with many things other than politics; entries are usually made on the day itself or shortly afterwards; it is written fast, pretty unpolished not being written for publication or indeed for anyone other than Mr Campbell to see; it is to assist the Inquiry that extracts have been provided and records immediate reactions which are not necessarily the same as views he will take. As far as he is aware he is the only witness to the Inquiry who has supplied such a personal document. In fact, it is right we have seen entries in Dr Kelly's diaries, is that right?

MR HUGHES: That is correct, yes.

MR DINGEMANS: "In providing extracts Mr Campbell has provided those sections which deal with [those are listed]." Over the page he gives some further detail in explanations about a reference to "plea bargain", a reference to the desire for "a win and not a draw", the source going better but not necessarily him, and reference to "big conspiracy"; providing further explanations of what are limited and obviously cryptic entries. Then if we turn to CAB/39/1, do we see here, for 4th July, the limited entries that are considered relevant for those dates?

MR HUGHES: Yes, we do.

MR DINGEMANS: 6th July?

MR HUGHES: The same.

MR DINGEMANS: 7th July?

MR HUGHES: Yes.

MR DINGEMANS: Over the page, 8th?

MR HUGHES: Yes.

MR DINGEMANS: 9th and 15th?

MR HUGHES: Yes.

MR DINGEMANS: Thank you very much, Mr Hughes.

MR HUGHES: Thank you.

LORD HUTTON: Thank you, Mr Hughes. Would you like to rise, Mr Dingemans?

MR DINGEMANS: My Lord, in circumstances where those diaries have now, as it were, been produced, Mr Campbell may want to give some evidence-in-chief before the luncheon adjournment. I am really in his hands. MR SUMPTION: I think it would be more satisfactory, given it is 5 to 1, if he made a clean start at 2 o'clock. But we are in your Lordship's hands.

LORD HUTTON: Very well, I will rise now and sit again at 2 o'clock.

(12.55 pm)
(The short adjournment)
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