The Liberal Democrats today wrote to the Foreign Secretary seeking assurance that the Iraq inquiry will not provide any immunities to those who give evidence.

Liberal Democrat Shadow Foreign Secretary, Edward Davey said:

“It would be surprising and unacceptable if any former or serving member of this Government used an appearance at the inquiry to obtain legal immunity or protection from possible future legal actions.

“While nobody wants this vital inquiry to become bogged down in legalities, it must not become a cynical shield for those who may one day have to face the legal consequences of their actions in prosecuting the war.

“That would push an already tarnished process beyond the pale.”

Notes;

The letter to Foreign Secretary David Miliband from Edward Davey is below.

Dear David,

I was surprised by your response in the House on Tuesday 30th June when asked about the issue of the legal liability of witnesses to the Iraq inquiry. I noted that you failed to respond to the substance of Menzies Campbell’s direct question as to whether the Government will grant legal immunity to witnesses.

As you know, the Liberal Democrats have argued against a judicial inquiry into the Iraq war, believing that the decision-making, particularly in the lead up the war, raises questions of an essentially political rather than legal nature.

However, that does not alter the reality that the inquiry is likely to touch upon matters that could give rise to issues of potential legal liability. For example, the legality of the war, the question of whether troops were properly equipped for the initial operation and the treatment and transfer of detainees are amongst the issues that have potential legal ramifications. This indicates why our position is that membership should be expanded to include at least one person with capacities in law, together with the appointment of one or more legal experts to assist the ionquiry.

Nobody wants to see an inquiry that drags on for many years at increasing cost to the public purse. However, neither must the inquiry be seen to confer immunity on those who may one day face legal consequences for their acts or omissions. If that were the case then an inquiry which is already struggling to build credibility with the public would become an outrage.

I would therefore ask, for the sake of the effectiveness and legitimacy of the inquiry, that you will provide immediate confirmation that no person who appears before the inquiry will be granted any form of immunity.

Yours sincerely,

Edward Davey