|現在地 HOME > 掲示板 > 戦争３７ > 335.html ★阿修羅♪||
Monday July 21 2003
Hutton: I will set scope of inquiry
Law lord appointed to conduct inquiry into death of government scientist David
Kelly says he will insist on independence.
Full text: Lord Hutton's statement
Profile: Lord Hutton
Special report: politics and Iraq
Judge to decide scope of Kelly inquiry
Matthew Tempest and agencies
Monday July 21, 2003
The law lord appointed to conduct an inquiry into the death of government scientist David Kelly made clear today he would insist on some independence in the range of his investigation.
Senior judge Lord Hutton said the terms of reference given to him by the government were to look into "the circumstances surrounding the death of David Kelly".
But he said it would be for him to decide "as I see fit within my terms of reference" what matters he should take evidence on.
There have already been calls from the Conservatives and the Liberal Democrats for the inquiry to be extended in order to take into account the government's use of intelligence material in the build-up to the war.
In a short, pre-recorded video statement for the press, Lord Hutton said his inquiry will be conducted "mostly in public", and would report back "as soon as possible".
However, the law lord will wait for the funeral and opening of an inquest into Dr Kelly's death before beginning work.
Lord Hutton said: "My terms of reference are these: 'Urgently to conduct an investigation into the circumstances surrounding the death of Dr Kelly'.
"The government has further stated that it will provide me with the fullest cooperation and that it expects all other authorities and parties to do the same."
He added: "I make it clear that it will be for me to decide as I think right within my terms of reference the matters which will be the subject of my investigation."
Dr Kelly, a Ministry of Defence expert who has been named by the BBC as the source for controversial reports concerning last September's dossier on Iraq, apparently committed suicide last week, two days after appearing before the House of Commons foreign affairs select committee.
Dr Kelly's body was found in woods near his Oxfordshire home on Friday. He had apparently committed suicide the previous day by slashing his wrists and taking powerful painkillers.
Lord Hutton described Dr Kelly's death as "tragic", saying it had "brought such great sorrow to his wife and children".
He said: "I intend to sit in public in the near future to state how I intend to conduct the inquiry and to consider the extent to which interested parties and bodies should be represented by counsel or solicitors.
There were calls today for Lord Hutton to extend his inquiry beyond the immediate pressures which might have prompted the weapons expert to take his life and to look into the question of the government's handling of intelligence information on Iraq.
Speaking in Beijing on the latest leg of a marathon diplomatic mission, the prime minister said he would do whatever Lord Hutton requested - including breaking his summer holiday if needed.
When asked whether he would be prepared to break into his scheduled holiday next month in Barbados with his family, Mr Blair told reporters: "I will do what the judge in charge of the inquiry wants me to. I shall cooperate fully."
Back in London, Downing Street said it would be a matter for Lord Hutton whether Mr Blair, other ministers and the No 10 director of communications, Alastair Campbell, should give evidence to his inquiry in public and whether they should be legally represented.
Mr Blair's official spokesman said: "It's up to Lord Hutton to decide who he wants to talk to, when he wants to talk to them and in what conditions he wants to talk to them."
He declined to say precisely how wide-ranging Downing Street thought the law lord's investigations should be or whether they should include policy issues about the handling of intelligence on Iraq.
He said: "We have asked Lord Hutton to do a job. I think we should let Lord Hutton get on and do that job.
"I am not going to speculate about how he is going to do that job, but the terms of reference are there and the terms of reference, as he says, are urgently to conduct an investigation into the circumstances surrounding the death of Dr David Kelly.
Asked whether Lord Hutton was right to say that he would decide how the investigation was conducted, the spokesman said: "I have no argument with what he says in his statement."
He said it seemed unlikely that Lord Hutton would need to be granted powers to summon witnesses as most of the key players had already indicated their willingness to cooperate.
"The important point is that we have said that he will have whatever papers and people he needs. I believe the BBC have said something similar. Therefore, I don't think that situation will arise."
The shadow home secretary, Oliver Letwin, welcomed Lord Hutton's statement but insisted the Tories would continue to press for a wider-ranging and more powerful inquiry.
He told BBC News 24: "It is very good to hear that he feels he will need to go as wide as he needs to go in order to understand the circumstances leading up to Dr Kelly's death.
"We still think it is very regrettable that the prime minister has limited the scope of his inquiry in the way he has and we would much prefer to see, following on from this initial investigation, a wider inquiry."
Mr Letwin said earlier that he also regretted Mr Blair's decision not to recall parliament.
The Liberal Democrat leader, Charles Kennedy, said it was important that Lord Hutton had suggested he would decide his remit and would, if necessary, go beyond the "more narrowly drawn circumstances" of Dr Kelly's tragic death.
"Woe betide any government minister or any civil servant or any political adviser who tries to put roadblocks in his way," he warned.
"What you must remember here is that there is a great deal of moral as well as political and legal force behind this inquiry."
If the government sought to deny Lord Hutton access to certain individuals or information, "all hell would break loose" in terms of public opinion and the government's credibility would be "shot to ribbons", Mr Kennedy added.
Only a vote of parliament could give Lord Hutton the powers set out in the Tribunals of Inquiry (Evidence) Act 1921 to summon witnesses, take testimony under oath and rule uncooperative witnesses in contempt, he said.
There was some confusion early this morning as Downing Street initially referred reporters to the Ministry of Defence for queries on the judicial inquiry - despite the fact that the MoD is predicted to be one of the key witnesses. This was later rectified and the new Department for Constitutional Affairs is coordinating Lord Hutton's inquiry.
Full text: Lord Hutton's statement
Statement by Lord Hutton on the range and nature of his inquiry into the death of David Kelly
Monday July 21, 2003
The government has invited me to conduct an investigation into the tragic death of Dr David Kelly, which has brought such great sorrow to his wife and children.
My terms of reference are these: "Urgently to conduct an investigation into the circumstances surrounding the death of Dr Kelly."
The government has further stated that it will provide me with the fullest cooperation and that it expects all other authorities and parties to do the same.
I make it clear that it will be for me to decide as I think right within my terms of reference the matters which will be the subject of my investigation.
I intend to sit in public in the near future to state how I intend to conduct the inquiry and to consider the extent to which interested parties and bodies should be represented by counsel or solicitors. In deciding on the date when I will sit, I will obviously wish to take into account the date of Dr Kelly's funeral and the timing of the inquest into his death.
After that preliminary sitting I intend to conduct the inquiry with expedition and to report as soon as possible. It is also my intention to conduct the inquiry mostly in public.
I have appointed Mr James Dingemans QC to act as counsel to the inquiry and Mr Lee Hughes of the Department for Constitutional Affairs will be the secretary to the inquiry.
'A classic establishment figure'
If Lord Hutton's name has previously penetrated the public consciousness, it would have been for his role in the extradition case against General Augusto Pinochet, writes Matthew Tempest
Monday July 21, 2003
photo: Lord Hutton: charged with investigating the death of David Kelly. Photo: PA.
Beyond the fact that he was born and spent much of his career in Northern Ireland, Lord Hutton is a classic establishment figure: a lawyer, law lord and Balliol man to boot.
Educated at an all-boys boarding school in Shrewsbury, the Ulster-born James Hutton then took a first in jurisprudence at Oxford, continued his studies at Queen's College, Belfast, before being called to the Nothern Ireland bar in 1954.
A long and distinguished career across the Irish sea followed. The then Mr Hutton became junior counsel to the attorney general in Belfast in 1969, a QC (Northern Ireland) in 1970, and a senior crown counsel in Ulster from 1973-79.
Since this period was the height of the Troubles, where Northern Ireland appeared on the brink of civil war, Lord Hutton will have crucial experience not only of the judiciary, but also of Whitehall and even the security services.
He was also a member of the joint law enforcement commission of 1974, and a judge of the high court of justice before finally, in 1988, becoming the lord chief justice of Northern Ireland.
In 1997 he became a law lord.
If Lord Hutton's name has previously penetrated the public consciousness, it would have been as one of the law lords ruling on the extradition case against General Augusto Pinochet. Lord Hutton ruled that the Chilean former dictator was liable to be extadited for crimes of torture committed after 1988.
The 72-year old Baron Hutton of Bresagh in the County of Down is married, with two daughters, and sits as a crossbencher in the Lords.
He lists no hobbies or clubs in his Who's Who entry, although he is a past president of the Northern Ireland Association for Mental Health, and is currently a vistor at the University of Ulster.