Scott (Arms to Iraq) Inquiry

Terms of Reference:

Chair: Lord Justice Scott

Dates:
Report: Published 15 Feburary 1996. 
Report of the Inquiry into the Export of Defence Equipment and Dual-Use Goods to Iraq and Related
Prosecutions, HMSO, London, 1996. 6 vols.

Commentary in Parliament, see in particular the comments by Sir Robin Cook:
http://www.theyworkforyou.com/debates/?id=1996-02-15a.1139.0&s=scott+inquiry+iraq#g1139.1


Description of the events which caused the public concern: In the late 1980s, Matrix Churchill, a British aerospace quality machine tools manufacturer, that had been bought by the Iraqi government, and was exporting machines used in weapons manufacture to Iraq. According to the International Atomic Energy Authority, its products later found in Iraq, were among the highest quality of their kind in the world. They were 'dual use' machines that 'could' be used to manufacture weapons parts. Such exports are subject to government control, and Matrix Churchill had the appropriate government permissions, following a 1988 relaxation of export controls. This relaxation had not been announced to parliament.  When asked in parliament whether controls had been relaxed, the then Secretary of State for Trade and Industry replied incorrectly that they had not.

Matrix Churchill were contacted by HM Customs and Excise, under suspicion of exporting arms components to Iraq without permission. They had this permission but this was denied by the government, in line with the most recently announced policy on the matter. Matrix Churchill's directors were therefore prosecuted in 1991 by Customs and Excise for breaching export controls.

Public interest immunity certificates obtained by the government to suppress some critical evidence were overturned by the trial judge, forcing disclosure to the defence. The trial collapsed when former minister Alan Clark admitted he had been less than truthful in answer to parliamentary questions over export licenses to Iraq.

Summary of reports recommendations:
The five volumes - 1806 pages - of the report give an exhaustive account of the background to what became the Matrix Churchill affair: from export control procedures, to arms exports to Iraq, to the conduct of the case itself and other similar prosecutions.
Lord Scott found that the Government had failed to disclose to Parliament its decision to adopt a 'more liberal policy on defence sales to Iraq'.
He made a series of recommendations on export control procedures, the use of PII certificates and other issues in prosecutions, the use of intelligence by Government departments, and ministerial accountability.

The report also made recommendations about procedures for inquiries.