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Families appeal over Iraq inquiry Families appeal over Iraq inquiry
(30 minutes later)
Two mothers of British troops killed in Iraq are in court to challenge the government's refusal to hold an independent inquiry into the conflict. Two mothers of British servicemen killed in Iraq are challenging the government's refusal to hold an independent inquiry into the conflict.
Appeal judges have already told them they face "formidable hurdles" in establishing their case.Appeal judges have already told them they face "formidable hurdles" in establishing their case.
A QC for Rose Gentle and Beverley Clarke told the Court of Appeal they were proud of their sons but questioned the legality of the invasion.A QC for Rose Gentle and Beverley Clarke told the Court of Appeal they were proud of their sons but questioned the legality of the invasion.
Earlier the Prime Minister said he had not ruled out a retrospective inquiry. The government's legal team will resist a full public inquiry.
Fusilier Gordon Gentle, from Glasgow, and Trooper David Clarke, of Staffordshire, were 19 when they were killed.Fusilier Gordon Gentle, from Glasgow, and Trooper David Clarke, of Staffordshire, were 19 when they were killed.
Human Rights breachHuman Rights breach
Ranbinder Singh QC said their deaths had left "grieving parents in whose minds there are real questions about the legality of the invasion of Iraq in March 2003".Ranbinder Singh QC said their deaths had left "grieving parents in whose minds there are real questions about the legality of the invasion of Iraq in March 2003".
He said the questions included the process which led to the invasion. He said their questions included the process which led to the invasion.
The families want the government to explain how 13 pages of advice from the attorney general on 7 March 2003 about the legality of the war was changed to one page by 17 March saying an invasion would be legal.The families want the government to explain how 13 pages of advice from the attorney general on 7 March 2003 about the legality of the war was changed to one page by 17 March saying an invasion would be legal.
Mr Singh said: "We submit that it was at least reasonably arguable that there is a causal link between the assurance given by the attorney general and the deaths in question."Mr Singh said: "We submit that it was at least reasonably arguable that there is a causal link between the assurance given by the attorney general and the deaths in question."
Mr Singh also argued that the families were entitled to an independent inquiry under the principles of Article 2 of the European Convention on Human Rights, which protects the "right to life". He also argued that the families were entitled to an independent inquiry under the principles of Article 2 of the European Convention on Human Rights, which protects the "right to life".
But QCs appearing for the prime minister, the defence secretary and the attorney general, said if that argument was accepted it would mark "a significant, constitutional shift".
We really need to know that the mistakes.. will never happen again in the future Rose GentleWe really need to know that the mistakes.. will never happen again in the future Rose Gentle
Attorney General Lord Goldsmith has argued that the decision not to sanction a public inquiry was "entirely reasonable".
Last December, a High Court judge ruled they did not have a case to go to a full judicial review hearing.Last December, a High Court judge ruled they did not have a case to go to a full judicial review hearing.
But appeal judges have allowed their case to go forward.But appeal judges have allowed their case to go forward.
Rose Gentle, whose son Gordon was killed by a roadside bomb in Basra two years ago, said it was important for the families to have a chance to put their views across.Rose Gentle, whose son Gordon was killed by a roadside bomb in Basra two years ago, said it was important for the families to have a chance to put their views across.
"There are quite a few families that have contacted the military families and saying I hope you get it because we really need to know that the mistakes.. will never happen again in the future," she said."There are quite a few families that have contacted the military families and saying I hope you get it because we really need to know that the mistakes.. will never happen again in the future," she said.
'Public desire''Public desire'
The action is also being brought by two other parents - Peter Brierley, father of Lance Corporal Shaun Brierley, from West Yorkshire, and Susan Smith, mother of Private Phillip Hewett, of Tamworth in Staffordshire.The action is also being brought by two other parents - Peter Brierley, father of Lance Corporal Shaun Brierley, from West Yorkshire, and Susan Smith, mother of Private Phillip Hewett, of Tamworth in Staffordshire.
Mr Brierley said there was "an overwhelming public desire for an inquiry into the war".
"After the failure of parliament to consider even a limited investigation we hope that the legal system will address this legitimate public interest."
This latest challenge comes just days after an attempt to force the government to hold an inquiry into the Iraq war failed in the Commons.This latest challenge comes just days after an attempt to force the government to hold an inquiry into the Iraq war failed in the Commons.
A motion for an immediate probe was opposed by a majority of 25 despite support from 12 rebel Labour MPs.A motion for an immediate probe was opposed by a majority of 25 despite support from 12 rebel Labour MPs.
Prime Minister Tony Blair said he had not ruled out a retrospective inquiry.