Government 'breached duty' on Iraq

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"That duty is owed to soldiers who are under the unique compulsory control of the State and have to obey orders," said Rabinder Singh QC, for the mothers of two 19-year-old men killed in Iraq.

"They have to put their lives in harm's way if necessary because their country demands it. There is what some people call a military covenant between the State and those who are literally prepared to put their lives at risk for the sake of their country."

The Lords are hearing a renewed bid by Beverley Clarke and Rose Gentle to force the government to order a public inquiry into Britain's involvement in the Iraq conflict.

Trooper David Clarke, from Littleworth, Staffordshire, was one of two soldiers who died in March 2003 in a "friendly fire" incident west of Basra.

Fusilier Gordon Gentle, from Glasgow, of the Royal Highland Fusiliers, died in June 2004 in a roadside bomb attack on British vehicles in Basra.

At the centre of the argument over whether the decision to invade was lawful is the families' demand for an explanation as to how 13 pages of "equivocal" advice from the then Attorney General, Lord Goldsmith, of March 7 2003, was reduced within 10 days to one page of completely unequivocal advice that an invasion would be legal.

The respondents to the mothers' appeal are Prime Minister Gordon Brown, Defence Secretary Des Browne and the current Attorney General Baroness Scotland.

The hearing was adjourned to Tuesday and is expected to end on Wednesday, when judgment will be reserved.