COVID inquiry: Government stands by refusal to hand over Boris Johnson’s ‘private’ WhatsApp messages following criticism
The Cabinet Office has reiterated its refusal to hand over some of Boris Johnson’s WhatsApp messages to the COVID inquiry, arguing part of the material is of a “private” and “personal” nature.
In a fresh statement issued on Tuesday evening, the Cabinet Office said it was “fully committed to our obligations to the COVID-19 inquiry” but that it was “firmly of the view that the inquiry does not have the power to request unambiguously irrelevant information that is beyond the scope of this investigation”.
The department said it has already provided “upwards of 55,000 documents, 24 personal witness statements, eight corporate statements” and that “extensive time and effort” had gone into assisting the inquiry over the last 11 months.
But it added: “However, we are firmly of the view that the inquiry does not have the power to request unambiguously irrelevant information that is beyond the scope of this investigation.
“This includes the WhatsApp messages of government employees’ which are not about work but instead are entirely personal and relate to their private lives.”
The latest intervention suggests the government could be willing to go to court to avoid handing over the material requested by the inquiry chair, Lady Hallett, who had ordered the department to hand over the former prime minister’s messages – alongside diary entries and notes – by 4pm on Tuesday 30 May.
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The deadline has now been set for 4pm on Thursday 1 June. The Cabinet Office asked for an extension to Monday 5 June as they do not have access to Mr Johnson‘s messages or notebooks, but this was rejected.
This is despite saying in their original appeal against the order that there was “unambiguously irrelevant” material in the redacted parts of messages sent to the inquiry.
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New deadline for ex-PM’s COVID messages
When the Cabinet Office lodged the appeal on 15 May, it said Mr Johnson’s WhatsApp messages had not yet been received by the government.
A spokesman for the former prime minister said today that he had “no objection” to sending the material to the inquiry.
Mr Johnson has written to the Cabinet Office to demand the government requests in writing access to his messages and notes – which he says has not happened yet.
Sources close to Mr Johnson say Cabinet Office officials have visited his office in person to examine notebooks within the past few weeks.
If the government does not abide by the new deadline on Thursday, Lady Hallett has ordered that a statement be sent by a “senior civil servant” confirming the Cabinet Office does not have the requested information, as well as a chronology of the government’s contacts with Mr Johnson about the requests and whether the government has ever had the data.
Breaking a section 21 order could see the government face criminal proceedings, and there is also potential for a court battle over whether the information should be passed to the inquiry.
Speaking shortly before the inquiry’s announcement, Prime Minister Rishi Sunak said the “government is carefully considering its position, but it is confident in the approach that it’s taking”.
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‘Govt cooperating with inquiry’
Labour and the Liberal Democrats have criticised Mr Sunak for hesitating over the order, with shadow health secretary Wes Streeting accusing the prime minister of being “slippery”.
Mr Streeting said Mr Sunak should “comply with the inquiry and do it today”.
“One minute the government says the messages they have are immaterial; the next minute they’re saying they don’t exist. Which is it?”
He said the prime minister’s “slipperiness” gave “the impression of someone who is not fully committed to transparency, openness, accountability”.
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Lady Hallett made an order under section 21 of the Inquiries Act 2005 for the material to be handed over by the Cabinet Office.
The section 21 notice under the Act allows an inquiry chair to require someone to give evidence or produce documents.
In this case, it included unredacted WhatsApp messages, diary entries and notebooks belonging to the former prime minister. Messages to and from Mr Johnson’s former adviser Henry Cook were also included in the legal action.
It is this order which has now been extended.
It is understood the Cabinet Office believes handing over some of the requested material could have an adverse impact on future government policy and the privacy of some individuals, and that doing so could set a precedent.
Cabinet Office sources are also concerned that some of the material includes purely personal information that could jeopardise the right to private life.
US president-elect Donald Trump has suggested Israel and Hamas could agree a Gaza ceasefire by the end of the week.
Talks between Israeli and Hamas representatives resumed in the Qatari capital Doha yesterday, after US President Joe Biden indicated a deal to stop the fighting was “on the brink” on Monday.
A draft agreement has been sent to both sides. It includes provisions for the release of hostages and a phased Israeli troop withdrawal from Gaza.
Qatar says Israel and Hamas are at their “closest point” yet to a ceasefire deal.
Two Hamas officials said the group has accepted the draft agreement, with Israel still considering the deal.
An Israeli official said a deal is close but “we are not there” yet.
More than 46,500 Palestinians have been killed in Gaza since Israel launched its ground offensive in the aftermath of the 7 October attacks, according to the territory’s Hamas-run health ministry.
Read more:
What’s in the proposed deal?
Palestinians inspect the site of an Israeli strike on beachfront cafe in Deir al Balah. Pic: Reuters
Biden hails possibility of agreement
President Biden said it would include a hostage release deal and a “surge” of aid to Palestinians, in his final foreign policy speech as president.
“So many innocent people have been killed, so many communities have been destroyed. Palestinian people deserve peace,” he said.
“The deal would free the hostages, halt the fighting, provide security to Israel, and allow us to significantly surge humanitarian assistance to the Palestinians who suffered terribly in this war that Hamas started.”
Qatari mediators have sent Israel and Hamas a draft proposal for an agreement to halt the fighting.
Analysis:
Deal might be close, but there are many unanswered questions
Pic: Reuters
Trump: ‘We’re very close’
President-elect Donald Trump has also discussed a possible peace deal during a phone interview with the Newsmax channel.
“We’re very close to getting it done and they have to get it done,” he said.
“If they don’t get it done, there’s going to be a lot of trouble out there, a lot of trouble, like they have never seen before.
“And they will get it done. And I understand there’s been a handshake and they’re getting it finished and maybe by the end of the week. But it has to take place, it has to take place.”
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Pic: AP
Israeli official: Former Hamas leader held up deal
Speaking on Tuesday as negotiations resumed in Qatar, an anonymous Israeli official said that an agreement was “close, but we are not there”.
They accused Hamas of previously “dictating, not negotiating” but said this has changed in the last few weeks.
“Yahya Sinwar was the main obstacle for a deal,” they added.
Sinwar, believed to be the mastermind of the 7 October attacks, led Hamas following the assassination of his predecessor but was himself killed in October last year.
Under Sinwar, the Israeli official claimed, Hamas was “not in a rush” to bring a hostage deal but this has changed since his death and since the IDF “started to dismantle the Shia axis”.
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Biden: ‘Never, never, never, ever give up’
Iran ‘weaker than it’s been in decades’
Yesterday, President Biden also hailed Washington’s support for Israel during two Iranian attacks in 2024.
“All told, Iran is weaker than it’s been in decades,” the president said.
Mr Biden claimed America’s adversaries were weaker than when he took office four years ago and that the US was “winning the worldwide competition”.
“Compared to four years ago, America is stronger, our alliances are stronger, our adversaries and competitors are
weaker,” he said.
“We have not gone to war to make these things happen.”
The US president is expected to give a farewell address on Wednesday.
A draft ceasefire deal on the table between Israel and Hamas would see 33 hostages set free and a phased withdrawal of IDF forces from parts of Gaza.
President Joe Biden said an agreement to stop the fighting was “on the brink” and high level negotiations between the two sides resumed in Qatar on Tuesday.
The deal would see a number of things happen in a first stage, with negotiations for the second stage beginning in the third week of the ceasefire.
It would also allow a surge in humanitarian aid into Gaza, which has been devastated by more than a year of war.
Details of what the draft proposal entails have been emerging on Tuesday, reported by Israeli and Palestinian officials.
Relatives and supporters of Israeli hostages hold photos of their loved ones during a protest on 8 January. Pic: AP
Hostages to be returned
In the first stage of the potential ceasefire, 33 hostages would be set free.
These include women (including female soldiers), children, men over the age of 50, wounded and sick.
Israel believes most of these hostages are alive but there has not been any official confirmation from Hamas.
In return for the release of the hostages, Israel would free more than 1,000 Palestinian prisoners and detainees.
People serving long sentences for deadly attacks would be included in this but Hamas fighters who took part in the 7 October attack would not be released.
An arrangement to prevent Palestinian “terrorists” from going back to the West Bank would be included in the deal, an anonymous Israeli official said.
Read more:
A timeline of events since the 7 October attacks
The hostages who still haven’t returned home
Smoke billows as buildings lie in ruin in Beit Hanoun in Gaza. Pic: Reuters
Phased Israeli withdrawal from Gaza
The agreement also includes a phased withdrawal of Israeli forces from Gaza, with IDF troops remaining in the border perimeter to defend Israeli border towns and villages.
Security arrangements would be implemented at the Philadelphi corridor – a narrow strip of land that runs along the border between Egypt and Gaza – with Israel withdrawing from parts of it after the first few days of the deal.
The Rafah Crossing between Egypt and Gaza would start to work gradually to allow the crossing of people who are sick and other humanitarian cases out of Gaza for treatment.
Unarmed North Gaza residents would be allowed to return to their homes, with a mechanism introduced to ensure no weapons are moved there.
“We will not leave the Gaza Strip until all our hostages are back home,” the Israeli official said.
What will happen to Gaza in the future?
There is less detail about the future of Gaza – from how it will be governed, to any guarantees that this agreement will bring a permanent end to the war.
“The only thing that can answer for now is that we are ready for a ceasefire,” the Israeli official said.
“This is a long ceasefire and the deal that is being discussed right now is for a long one. There is a big price for releasing the hostages and we are ready to pay this price.”
The international community has said Gaza must be run by Palestinians, but there has not been a consensus about how this should be done – and the draft ceasefire agreement does not seem to address this either.
In the past, Israel has said it will not end the war leaving Hamas in power. It also previously rejected the possibility of the Palestinian Authority, which exercises limited governing powers in the West Bank, from taking over the administration of Gaza.
Since the beginning of its military campaign in Gaza, Israel has also said it would retain security control over the territory after the fighting ends.
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