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Boris Johnson is at the center of a furious row between Rishi Sunak’s government and the official Covid-19 inquiry as ministers refuse to give the inquiry all the information it wants.
The inquiry was set up by Johnson to examine decisions made before, during and after the pandemic in the UK to determine what went right and what went wrong.
But his successor, through the Cabinet Office, has launched an unprecedented legal battle to remove from the investigation some of the former prime minister’s WhatsApp notes and messages from that period.
Johnson, in turn, has decided today to hand them over himself, meaning that the Government could take legal action that is irrelevant and make the documents it wants to remain secret into the public domain.
Here’s everything you need to know about the dispute 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 in an investigation he organized during his tenure.
What has the Covid investigation asked for?
The chair of the inquiry, retired judge Baroness Hallett, asked for notebooks, official diaries and WhatsApp messages from Johnson.
The pair, who have the power to gather evidence and question witnesses under oath, want to try documents covering a two-year period, between January 2020 and February 2022.
The Baroness has said that “all the content of the specified documents is of possible relevance to the lines of inquiry being followed in the investigation.”
In essence, he believes that, under the terms established when the investigation was initiated, he has the legal authority to demand the material in question.
The inquiry will examine thousands of documents and has sought witness statements from central figures involved in the management of the pandemic, including Boris Johnson, Rishi Sunak and Dominic Cummings.
In May, Hallett issued a legal warning to cabinet and set a deadline for final documents of May 2023.
How has the Cabinet Office responded?
The Cabinet Office requested a delay in providing the documents and was granted an additional 48 hours, until 4pm yesterday.
But he only provided incomplete versions of Boris Johnson’s documents, saying he had cut out personal and private information that was “unequivocally irrelevant” to the investigation.
Shortly after the deadline passed, the government said it would try to challenge the order to reveal full details in court.
“The Cabinet Office has today requested permission to bring a judicial review” of the decision, he said. “We do it with regret.”
A judicial review means it will be the job of a High Court judge to determine whether Baroness Hallett has the power to force the government to hand over the documents or whether she is allowed to keep some of them secret.
In a letter to the inquiry, the CO stated that there were issues of principle at stake affecting the rights of the people and the proper conduct of the government.
“Current and former individuals, junior officials, ministers and departments should not be required to provide material that is irrelevant to the work of the inquiry,” he said.
Many British politicians, civil servants and journalists use WhatsApp as an informal and candid way to communicate; The government has an interest in preserving these redacted documents because of the conversations that could ensue if they are published.
How has Boris Johnson responded?
Johnson’s office said the former prime minister had handed over all the material to the government and urged authorities to hand it over to the investigation.
The Cabinet Office confirmed it had obtained Johnson’s notebooks and several 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 provide him with the requested WhatsApp messages and notebooks “unredacted”.
Today, following the announcement of the judicial review, he has taken a new turn by revealing that he was delivering the uncensored documents directly to the investigation, bypassing ministers.
He wrote to the president of the investigation: “The Government decided yesterday to take legal action. It wasn’t my decision to do it.
‘While I understand the Government’s position, I am not prepared to allow my material to become a test case for others when I am perfectly happy for the inquiry to see it.
“Therefore, today I deliver the material directly to your consultation without redacting.”
Heather Hallett (pictured above) has requested official diaries, notebooks and WhatsApp messages from Boris Johnson to judge decisions made during the pandemic.
What could happen next?
The Cabinet Office has insisted that Johnson’s unredacted documents be produced but insists the inquiry cannot “request unequivocally irrelevant information”.
Hallett, however, maintains the view that all the requested documents are potentially relevant to the investigation.
If the government does not comply, a legal battle could ensue that could complicate the investigation.
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 demanding its own public inquiry”.
Lady Hallett said failure to hand over unredacted WhatsApp messages would breach the Inquiries Act 2021.
Public hearings are scheduled to begin on June 13 and run until 2026, with Johnson testifying alongside other senior ministers.
What do the politicians say?
Lady Hallett said failure to hand over unredacted WhatsApp messages would breach the Inquiries Act 2021.
Some senior Conservative ministers are also speaking out against the Cabinet decision.
William Wragg, chairman of the Commons public administration and constitutional affairs committee, told BBC News: “If the inquiry asks for documents and information, whoever made the request must comply.”
Science Minister George Freeman also commented on the BBC’s Question Time programme: “I have very little doubt that the courts will determine that Baroness Hallett will decide what evidence she considers relevant, and then we will get on with it.”
“Personally, I think 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 proving.”
Opposition members have also commented: Angela Rayner, deputy leader of the Labor Party, said: “While other countries around the world have already completed their investigations into the pandemic, it is essential that UK government ministers now deliver. with their obligations so that the public can reach the truth and those responsible must be held accountable.’
Meanwhile, Prime Minister Rishi Sunak said: “We are confident in our position but are carefully considering our next steps.”