ishi Sunak’s government on Thursday sought to bring a judicial review against the Covid Inquiry over its demand that it hand over a swathe of unredacted documents including Boris Johnson’s Whatapps.
In a statement, the Government said: “The Cabinet Office has today sought leave to bring a judicial review.
“We do so with regret and with an assurance that we will continue to cooperate fully with the inquiry before, during and after the jurisdictional issue in question is determined by the courts, specifically whether the Inquiry has the power to compel production of documents and messages which are unambiguously irrelevant to the Inquiry’s work, including personal communications and matters unconnected to the government’s handling of Covid.”
The move sparked an immediate row at Westminster.
Liberal Democrat Deputy Leader Daisy Cooper MP said: “This cowardly attempt to obstruct a vital public inquiry is a kick in the teeth for bereaved families who’ve already waited far too long for answers.”
Just 45 minutes before a 4pm deadline to agree to hand over the documents, the Prime Minister told broadcasters that the Government was still considering its next steps.
He said the Government was “confident” in its position, but did not set out how it intended to respond to Lady Hallett’s demand for the documents to be submitted.
Speaking at a summit in Moldova, Mr Sunak said: “I think it’s really important that we learn the lessons of Covid so that we can be better prepared in the future.
“And we’re doing that in the spirit of rigour but also transparency and candour.
“We’ve co-operated, the Government’s co-operated thoroughly with the inquiry to date, handing over tens of thousands of documents, and we will continue to comply of course with the law, co-operate with the inquiry.
“We’re confident in our position but are carefully considering next steps.”
The Government had previously argued that it did not have the messages and notebooks, but Mr Johnson’s office confirmed he has handed them over to officials.
The Cabinet Office has also argued that it should withhold “unambiguously irrelevant” material, but Lady Hallett has ruled that everything should be disclosed and she will decide what is or is not necessary for her work.
Mr Johnson’s decision to publicly confirm he has handed over the material – stripping the Cabinet Office of one of its defences – and his suggestion that it should be disclosed to the inquiry has heaped pressure on his successor’s Government.
Whitehall officials are concerned about the wider precedent that will be set by handing over swathes of unredacted WhatsApp conversations, with fears that the inquiry will seek similar levels of disclosure from other senior figures including Mr Sunak himself.
Lady Hallett issued her demand for the material under Section 21 of the Inquiries Act 2005, and failure to comply could lead to prosecution and a potential fine or jail term for an individual found guilty of the offence.
