Covid inquiry: Boris Johnson’s unedited WhatsApps to be inspected this week

The inquiry’s main lawyer also confirmed that Rishi Sunak had been asked for written evidence
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The Covid-19 inquiry has confirmed that work will begin this week to inspect unedited versions of Boris Johnson’s WhatsApp messages from his time in Downing Street.

The former Prime Minister passed the messages directly to the inquiry chair Baroness Hallett - after the government announced it would take legal action to try to stop her seeing them. Ministers insist there’s no reason for her to look at what they describe as “unambigiously irrelevant” material.

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Why does the inquiry want to see these messages?

The inquiry was set up to learn lessons from the pandemic, and examine the way Johnson and his government responded to it. It’s due to begin public hearings later this month.

Ahead of those hearings, the inquiry has been gathering huge amounts of material sent to and from decision makers to assess how they dealt with the crisis. Hallett said she wanted to see unredacted WhatsApp messages between Johnson, one of his advisers named Henry Cook and other key figures like the chief medical officer, Sir Chris Whitty, and Sir Patrick Vallance - who was chief scientific adviser at the time.

How has the inquiry tried to get hold of them?

Last month, Hallett issued an order to the Cabinet Office - which oversees the running of government - to hand over the messages as well as 24 notebooks Johnson used. She added that failure to comply was a criminal offence which could result in a fine or a prison sentence.

Johnson passed all the WhatsApps and notebooks to the Cabinet Office last Wednesday (31 May). A day later, it confirmed it would take legal action to stop Hallett seeing them. It’s worried that disclosing all the WhatsApp messages might mean - in future - ministers don’t feel able to speak freely if they think their communications will be aired publicly years later.

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Boris Johnson’s lockdown gatherings have come under renewed scrutiny after new allegations were referred to police Boris Johnson’s lockdown gatherings have come under renewed scrutiny after new allegations were referred to police
Boris Johnson’s lockdown gatherings have come under renewed scrutiny after new allegations were referred to police

Then, Johnson bypassed the government altogether - telling Hallett in a letter on 2 June he was happy for her to see all the material he had.

He wrote: “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”.

Johnson also confirmed he’d asked the Cabinet Office to give his notebooks to Hallett - and if it chose not to, he’d ask for them back so he could transfer them to the inquiry.

What have we learned at the inquiry today?

The inquiry’s most senior lawyer - Hugo Keith KC - told a preliminary hearing this morning (6 June) that the process of analysing Johnson’s WhatsApps, and comparing them with the edited versions already supplied by the Cabinet Office, would start this week.

We also found out:

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• The government’s legal challenge against Hallett’s order to see all the WhatsApps and notebooks will be heard by the High Court on 30 June or soon afterwards.

• Hallett - who was expected to comment on the challenge - said she couldn’t because “litigation was pending”.

• The inquiry has asked the government what it plans to do with Johnson’s old mobile phone, which was turned off in 2021 when it emerged the number was freely available online. Until the phone is turned on “safely and properly”, none of his messages from before May 2021 can be accessed.

• More requests for written evidence have been sent to a large number of current and former ministers - including Rishi Sunak, Michael Gove, Dominic Raab and Matt Hancock.

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• The inquiry has also raised concerns about the access it’s had to material from the Foreign Office and Google Spaces - which were used by the government during the pandemic for conversations and to share files.

What about Johnson’s latest alleged Covid breaches?

Last month, it emerged the Cabinet Office had also passed fresh claims of Covid lockdown breaches by Johnson to the police.

The Metropolitan and Thames Valley Police forces said they were both investigating allegations dating back to 2020 and 2021 - when strict rules were in place on the number of people who could gather indoors.

Johnson has described the claims as “bizarre and unacceptable” - while his allies have suggested he’s the victim of a “stitch-up”.

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