COVID inquiry: Government seeks judicial review over order to hand over Boris Johnson WhatsApp messages
The Cabinet Office is seeking a judicial review of Baroness Hallett’s order to release Boris Johnson’s WhatsApp messages, diaries and notebooks, it confirmed in a letter to the COVID inquiry.
The government department said it was bringing a judicial review challenge “with regret” – but added that there were “important issues of principle at stake”.
Despite the development, it said it would “continue to co-operate fully with the inquiry before, during and after the jurisdictional issue in question”.
The legal action comes after days of wrangling in which the government hesitated over handing the tranche of documents to the public inquiry over fears it would compromise ministers’ and other individuals’ right to privacy.
Outlining its refusal to hand over the material in its letter, the Cabinet Office again questioned whether it had “the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work”.
COVID legal challenge ‘desperate attempt to withhold evidence – politics latest
Such materials include personal messages and “matters unconnected to the government’s handling of COVID”, it said.
It argued that requesting “irrelevant” material “represents an unwarranted intrusion into other aspects of the work of government” and that “important issues of principle are at stake here, affecting both the rights of individuals and the proper conduct of government”.
It said it had explored “a number of possible avenues for resolving this difference of opinion”, including offering redacted versions of the materials and “a more focused or sequential approach to the direction of the information requirements”.
“We remain hopeful and willing to agree together the best way forward.”
Inquiry chair Lady Hallett ordered the government to hand over the documents last week without any amendments, using a section 21 notice.
The tranche includes messages sent between former prime minister Mr Johnson and his fellow ministers and advisers during the pandemic, as well as diary entries.
But the Cabinet Office said today that Mr Johnson’s messages did not cover whole period the inquiry wants because he was using a new phone from May 2021.
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Rishi Sunak gives his response to speculation surrounding Boris Johnson’s messages being given to the COVID inquiry.
A government lawyer said the former prime minister had also swapped his own legal representation recently and gave “specified legal counsel permission to access an electronic record of certain WhatsApps” over the past two days.
Then on Wednesday night, Mr Johnson “invited Cabinet Office to share this information with the inquiry”.
“By working through the night, lawyers acting for Cabinet Office have now completed our review for national security and unambiguously irrelevant material and are in a separate communication providing the relevant material to the inquiry today,” it added/
But the department wanted to note they had “not been able to verify the completeness of this material” given to them by Mr Johnson, saying it did not cover the “whole of the specified time period, but only the period from May 2021 when the former prime minister acquired a new phone”.
It added: “We have asked Boris Johnson if he will provide to us any further messages caught by the Section 21 notice.”
The inquiry confirmed on Thursday afternoon that it had received a response from the Cabinet Office.
In a short statement, it said: “At 4pm today the chair of the UK COVID public inquiry was served a copy of a claim form by the Cabinet Office seeking to commence judicial review proceedings against the chair’s ruling of 22 May 2023.”
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The Cabinet Office has reiterated its refusal to hand over some of Boris Johnson’s WhatsApp messages to the COVID inquiry
Further information will be provided at a preliminary hearing at 10.30am on 6 June, it said.
On Wednesday afternoon, Mr Johnson’s team said all the information the inquiry wanted had been passed to the Cabinet Office.
His spokesman said the ex-prime minister wanted the Cabinet Office to “urgently” hand over the material, in a move that put pressure on Rishi Sunak and the government to hand over the documents.
Responding to the judicial review, Labour’s deputy leader Angela Rayner accused Mr Sunak of undermining the inquiry and said he was “hopelessly distracted with legal ploys to obstruct the Covid Inquiry in a desperate attempt to withhold evidence”.
“Instead of digging himself further into a hole by pursuing doomed legal battles to conceal the truth, Rishi Sunak must comply with the Covid Inquiry’s requests for evidence in full. There can be no more excuses.”
Daily Cooper, the deputy leader of the Liberal Democrats, also criticised the government’s decision, calling it a “kick in the teeth” for bereaved families.
“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.
“The government is delaying the inquiry even further and clogging up court time, all to prevent Sunak and his Conservative colleagues from having to release their messages.”
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.”
Read more:
Pope Francis honoured by Joe Biden
Donald Trump’s inauguration 2.0
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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