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Report of the Inquiry Into the Circumstances Surrounding the Death of Dr David Kelly C.M.G

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R epor Return to an Address of the Honourable the House of Commons dated 28th January 2004 t of the I for the nquir y into the C i r cumstances S Report of the Inquiry into the Circumstances urr Surrounding the Death of Dr David Kelly C.M.G. ounding the D Published by TSO (The Stationery Office) and available from: Online www.tso.co.uk/bookshop Mail,Telephone, Fax & E-mail TSO PO Box 29, Norwich NR3 1GN e ath of D Telephone orders / General enquiries 0870 600 5522 Fax orders 0870 600 5533 by Order through the Parliamentary Hotline Lo-call 0845 7 023474 Email [email protected] Textphone 0870 240 3701 r Lord Hutton TSO Shops D 123 Kingsway, London WC2B 6PQ avid K 020 7242 6393 Fax 020 7242 6394 68-69 Bull Street, Birmingham B4 6AD 0121 236 9696 Fax 0121 236 9699 9-21 Princess Street, Manchester M60 8AS elly C.M.G. 0161 834 7201 Fax 0161 833 0634 16 Arthur Street, Belfast BT1 4GD 028 9023 8451 Fax 028 9023 5401 18-19 High Street, Cardiff CF10 1PT 029 2039 5548 Fax 029 2038 4347 71 Lothian Road, Edinburgh EH3 9AZ Ordered by the House of Commons to be printed 28th January 2004 0870 606 5566 Fax 0870 606 5588 The Parliamentary Bookshop 12 Bridge Street, Parliament Square London SW1A 2JX Telephone orders / General enquiries 020 7219 3890 Fax orders 020 7219 3866 Accredited Agents (See Yellow Pages) HC 247 £70.00 (inc VAT) and through good booksellers ISBN 0 10 292715 4 Return to an Address of the Honourable the House of Commons dated 28th January 2004 for the Report of the Inquiry into the Circumstances Surrounding the Death of Dr David Kelly C.M.G. by Lord Hutton Ordered by the House of Commons to be printed 28th January 2004 HC 247 London: The Stationery Office £70.00 (inc VAT) © Parliamentary copyright 2004 The text of this Report may be reproduced in whole or in part free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a derogatory manner or in a misleading context. Where the material is being republished or copied to others, the source of the material must be identified and the copyright status acknowledged. The full text of this document has been published on the Internet and can be accessed at: www.the-hutton-inquiry.org.uk/content/report/index.htm Any enquiries relating to the copyright in this report should be addressed to Her Majesty’s Stationery Office, Licensing Division, St Clements House, 2–16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or e-mail: licensing@cabinet- office.x.gsi.gov.uk PPSysB Rev 16.04x Pag Table HUTT02 [SO] Job: 920173 Unit: PGIN 23-01-04 18:09:09 CONTENTS Para. Page Chapter 1 The sittings of the Inquiry 1 1 The terms of reference 9 2 The facts 13 3 Dr Kelly’s employment in the Civil Service 17 4 The Government’s Dossier on Weapons of Mass Destruction 22 5 The rules governing the disclosure of information by civil servants 23 7 The Intelligence and Security Committee (the ISC) 28 10 Chapter 2 Dr Kelly’s discussions with Ms Susan Watts on 7 May 2003 and 29 11 with Mr Andrew Gilligan on 22 May 2003 The BBC Today Programme and the BBC Five Live Breakfast 32 11 programme on 29 May 2003 Dr Kelly’s discussions with Mr Gavin Hewitt on 29 May 2003 3415 and with Ms Susan Watts on 30 May 2003 Further Broadcasts and Mr Gilligan’s article in the Mail on 37 18 Sunday The Foreign Affairs Select Committee (the FAC), and MoD 41 22 concern about leaks to the press A further broadcast by Ms Susan Watts 43 22 The evidence of Mr Andrew Gilligan and Mr Alastair Campbell to 44 23 the FAC Chapter 3 Dr Kelly’s letter of 30 June 2003 to the MoD and the MoD 46 25 interview with Dr Kelly on 4July 2003 Communications and discussions within the Government in 47 27 respect of Dr Kelly, 2 to 6 July The special meeting of the BBC Governors on Sunday 56 35 6 July 2003 and the telephone conversation between the Prime Minister and Mr Gavyn Davies on Monday 7 July 2003 The FAC report dated 7 July 2003 57 37 Communications and discussions within the Government in 58 37 respect of Dr Kelly, 7 and 8 July i PPSysB Rev 16.04x Pag Table HUTT02 [E] Job: 920173 Unit: PGIN 23-01-04 18:09:09 Para. Page Press statements by Mr Alastair Campbell and the BBC on 63 41 7 July 2003 The MOD Interview with Dr Kelly on 7 July 2003 6442 The press statement issued by the MOD on 8 July 2003 70 46 The press statement issued by the BBC on 8 July 2003 and 72 47 correspondence between the MOD and the BBC The confirmation of Dr Kelly’s name to the press and Dr Kelly’s 77 49 sudden departure from his home Chapter 4 Requests by the FAC and the ISC that Dr Kelly should appear 85 51 before them Dr Kelly’s appearances before the FAC and the ISC 103 59 Dr Kelly’s actions after he had given evidence to the ISC on 113 75 16 July 2003 Chapter 5 The search for Dr Kelly and the finding of his body 128 85 The investigations into the death of Dr Kelly 132 86 The evidence of Mr David Broucher 152 100 The cause of the death of Dr Kelly 157 103 The statement issued by the BBC after Dr Kelly’s death 159 104 Chapter 6 The issues which arise 160 105 Issues relating to the preparation of the dossier of 161 105 24September 2002 The drafting of the dossier 163 106 The intelligence in relation to the 45 minutes claim 177 112 The concerns of Dr Brian Jones, the head of the nuclear, chemical 186 117 and biological weapons section in the Scientific and Technical Directorate of the Defence Intelligence Analysis Staff The approval of the dossier by the JIC 195 125 The differing wording of the 45 minutes claim in the draft 198 127 dossiers. The dossier published by the Government on 24September 2002 208 131 The allegation that the dossier was sexed-up 210 132 The meaning of the term “Weapons of Mass Destruction” 221 145 Summary of conclusions on the issues relating to the preparation 228 152 of the dossier of 24September 2002 ii Para. Page Chapter 7 Issues relating to Dr Kelly’s meeting with Mr Gilligan in the 229 155 Charing Cross Hotel on 22 May 2003 (a) What did Dr Kelly say to Mr Gilligan in the course of the 230 155 meeting? (b) In meeting Mr Gilligan and discussing the dossier with him 249 167 was Dr Kelly having a meeting which was unauthorised and in breach of the Civil Service rules of procedure which applied to him? (c) At the time of the meeting or subsequent to it did Dr Kelly realise that the meeting was unauthorised and in breach of the Civil Service rules which applied to him? Summary of conclusions on the issues relating to Dr Kelly’s 259 172 meeting with Mr Gilligan in the Charing Cross Hotel on 22 May 2003 Chapter 8 Issues relating to the BBC arising from Mr Gilligan’s broadcasts 260 175 on the BBC Today Programme on 29 May 2003 Denials by the Government 262 175 The special meeting of the Governors of the BBC on 6 July 2003 270 181 The gravity of the allegation reported in the Today programme 274 190 The case made by the BBC and Mr Gilligan 276 191 The evidence of Mr Gavyn Davies, the Chairman of the Board of 286 196 Governors of the BBC, Mr Greg Dyke, the Director General of the BBC, and Mr Richard Sambrook, the Director of News of the BBC Consideration of the issues relating to the BBC 290 200 Summary of conclusions relating to the BBC arising from 291 212 Mr Gilligan’s broadcasts on the BBC Today programme on 29 May 2003 Chapter 9 Issues relating to the decisions and actions taken by the 292 215 Government after Dr Kelly informed his line manager in the MoD that he had spoken to Mr Gilligan on 22 May 2003 Did the Government behave in a way which was dishonourable or 293 215 underhand or duplicitous in revealing Dr Kelly’s name to the media, therefore subjecting him to the pressure and stress which were bound to arise from being placed in the media spotlight? The evidence of Ms Pamela Teare, the Director of News at the 295 216 MOD, on 18 August 2003 The evidence of Mr Jonathan Powell, the Chief of Staff at 10 298 219 Downing Street, on 18 August 2003 The evidence of Sir David Manning, formerly Foreign Policy 300 220 Adviser to the Prime Minister and Head of the Overseas and Defence Secretariat in the Cabinet Office, on 18 August 2003 iii Para. Page The evidence of Mr Alastair Campbell, formerly the 304 222 Prime Minister’s Director of Communications and Strategy, on 19 August 2003 The evidence of Sir Kevin Tebbit, Permanent Under-Secretary of 311 226 State, Ministry of Defence, on 20 August 2003 The evidence of Mr Thomas Kelly, one of the Prime Minister’s 318 230 official spokesmen, on 20 August 2003 The evidence of Sir David Omand, the Security and Intelligence 319 231 Co-ordinator in the Cabinet Office, on 26 August 2003 The evidence of the Rt Hon Geoffrey Hoon MP, the Secretary of 321 232 State for Defence, on 27 August 2003 The evidence of the Rt Hon Tony Blair MP, the Prime Minister, 334 238 on 28 August 2003 The evidence of Mr Richard Taylor, the special adviser to the 341 243 Secretary of State for Defence, on 4 September 2003 The evidence of Ms Pamela Teare on 18 September 2003 343 244 The evidence of the Rt Hon Geoffrey Hoon MP, on 361 253 22 September 2003 The evidence of Mr Alastair Campbell on 22 September 2003 369 261 The evidence of Mr Thomas Kelly on 23 September 2003 373 266 The evidence of Sir Kevin Tebbit, 13 October 2003 383 270 Consideration of the issue whether the Government behaved in a 395 278 way which was dishonourable or underhand or duplicitous in revealing Dr Kelly’s name to the media Consideration of the evidence of the Prime Minister and Sir Kevin 402 284 Tebbit Consideration of the evidence of the Rt Hon Geoffrey Hoon MP 419 289 Conclusion on the issue whether the Government behaved in a 427 294 way which was dishonourable or underhand or duplicitous in revealing Dr Kelly’s name to the media Consideration of the issue whether the Government failed to take 430 295 proper steps to help and protect Dr Kelly in the difficult position in which he found himself Conclusion on the issue whether the Government failed to take 439 300 proper steps to help and protect Dr Kelly in the difficult position in which he found himself Chapter 10 The factors which may have led Dr Kelly to take his own life 440 301 Conclusion on the factors which may have led Dr Kelly to take his 451 307 own life iv PPSysB Rev 16.04x Pag Table HUTT02 [O] Job: 920173 Unit: PGIN 23-01-04 18:09:09 Para.
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