Boris Johnson is at the centre of a furious row between Rishi Sunak’s Government and the official Covid-19 inquiry as ministers refuse to supply the probe with all the information they want.
The inquiry was set up by Mr Johnson to examine decisions made before, during and after the pandemic in the UK to figure out what went right and wrong.
But his successor, via the Cabinet Office, has launched an unprecedented legal battle to with-hold from the inquiry some of the former prime minister’s notes and WhatsApp messages from the period.
Mr Johnson, in turn, has today decided to hand them over himself, meaning that the Government could take legal action that is irrelevant and see documents it wants to remain secret placed in the public domain.
Here is everything you need to know about the row and what it means for those involved.
Former Prime Minister Boris Johnson was a central figure in managing the UK’s response to the Covid-19 pandemic, his personal documents have been requested to assist a probe he set up during his term
What has the Covid inquiry requested?
The inquiry’s chairwoman, the retired judge Baroness Hallett, asked for notebooks, official diaries and WhatsApp messages from Mr Johnson.
The peer, who has the power to summon evidence and question witnesses under oath, wants to judge documents spanning a two-year period between January 2020 and February 2022.
The Baroness has said that ‘the entire contents of the specified documents are of potential relevance to the lines of investigation being pursued by the inquiry.’
In essence, she believes that under the terms set out when the inquiry was launched, she has the legal power to demand the material in question.
The inquiry will examine thousands of documents and has requested witness statements from the central figures involved in managing the pandemic, including Boris Johnson, Rishi Sunak and Dominic Cummings.
In May, Hallett issued a legal warning to the cabinet Office and set a deadline for the documents for the end of May, 2023.
How has the Cabinet Office responded?
The Cabinet Office asked for a delay in supplying the documents, and was given a further 48 hours, taking it to 4pm yesterday.
But it provided only incomplete versions of Boris Johnson’s documents, saying it had cut personal and private information that was ‘unambiguously irrelevant’ to the investigation.
Soon after the deadline passed, the government said it would seek to challenge the order to reveal all the details in court.
‘The Cabinet Office has today sought leave to bring a judicial review’ of the decision, it said. ‘We do so with regret.’
A judicial review means it will be the job of a High Court Judge to determine whether Baroness Hallett has the power for force the government to hand over the documents, or whether they are allowed to keep some of them secret.
In a letter to the inquiry, the CO claimed there were issues of principles at play, which affected the rights of individuals and the proper conduct of the government.
‘Individuals, junior officials, current and former ministers and departments should not be required to provide material that is irrelevant to the inquiry’s work,’ it said.
Many British politicians, officials and journalists use WhatsApp as an informal and candid way to communicate, the government has an interest in keeping these redacted documents due to the conversations that may follow if released.
How has Boris Johnson responded?
Mr Johnson’s office said the former prime minister had given the government all the material and urged authorities to give it to the inquiry.
The Cabinet Office confirmed it had obtained Johnson’s notebooks and various downloaded WhatsApp messages but said it had not received a response to a request for Johnson’s phone.
Johnson wrote to Hallett on Thursday, saying he was ‘more than happy’ to hand over the requested WhatsApp messages and notebooks ‘in unredacted form.’
Today, after the announcement of the judicial review, he produced a new plot twist by revealing he was handing over the uncensored documents directly to the inquiry, circumventing ministers.
He wrote to the inquiry’s chairwoman: ‘The Government yesterday decided to take legal action. It was not my decision to do so.
‘While I understand the Government’s position, I am not willing to let my material become a test case for others when I am perfectly content for the inquiry to see it.
‘I am therefore providing the material directly to your inquiry today in unredacted form.’
Heather Hallett (pictured above) has requested official diaries, notebooks and WhatsApp messages from Boris Johnson to judge the decisions made throughout the pandemic
What could happen next?
The Cabinet Office has insisted for Johnson’s unredacted documents, but the Cabinet Office insists the inquiry cannot ‘request unambiguously irrelevant information.’
Hallett, however, maintains the view that the requested documents are all of potential relevance to the inquiry.
If the government does not comply, a legal battle could ensue which could complicate the inquiry.
Rivka Gottlieb of COVID-19 Bereaved Families for Justice, said it was ‘absolutely obscene that the Cabinet Office is going to spend hundreds of thousands of pounds of taxpayers’ money on suing its own public inquiry’.
Lady Hallett said that a failure to hand over unredacted WhatsApp messages would breach the Inquiries Act 2021.
Public hearings are scheduled to start June 13, and to last until 2026, and Johnson is set to give evidence, along with other senior ministers.
What do politicians say?
Lady Hallett said that a failure to hand over unredacted WhatsApp messages would breach the Inquiries Act 2021.
Some senior conservative ministers are also speaking out against the Cabinet Office’s decision.
William Wragg, chair of the Commons public administration and constitutional affairs committee told BBC News: ‘If the inquiry requests documents and info – then whoever it has asked should comply.’
Science Minister George Freeman also commented, on BBC’s Question time show he said: ‘I absolutely have very little doubt that the courts will find that Baroness Hallett will decide what evidence she deems relevant, and then we’ll get on with it.
‘I think personally it’s quite likely that the courts will rule that Baroness Hallett will decide what evidence [is relevant], but I think it’s a point worth testing.’
Members from the opposition have also commented, Deputy Labour Leader Angela Rayner said: ‘While other countries across the world have already finalized their inquiries into the pandemic, it is essential that U.K. Government ministers now comply with their obligations so the public can get to the truth and those responsible can be held to account.’
Meanwhile Prime Minister Rishi Sunak has claimed: ‘We’re confident in our position but are carefully considering next steps.’
