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The Cabinet Office has lost its legal bid to withhold Boris Johnson’s unredacted WhatsApp messages and notebooks from the COVID-19 Inquiry.

Inquiry chair Baroness Hallett issued an order – known as a section 21 notice – for the government to release the former prime minister’s documents in May.

The Cabinet Office argued some of the content was “unambiguously irrelevant” and brought a judicial review against the notice.

But in a judgement published on Thursday, the High Court ruled while “some irrelevant documents” may be included in the material requested, that “does not invalidate the notice or mean that the section 21 cannot be lawfully exercised”.

It dismissed the Cabinet Office’s claim for judicial review, but said but said the department could make a different application to Baroness Hallett.

The material must now be handed to the inquiry by 4pm on Monday.

The government said it will “comply fully” with the High Court judgment.

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A spokesperson said: “The inquiry is an important step to learn lessons from the pandemic and the government is cooperating in the spirit of candour and transparency.

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“As this judgment acknowledges, our judicial review application was valid as it raised issues over the application of the Inquiries Act 2005 that have now been clarified.

“The court’s judgment is a sensible resolution and will mean that the inquiry chair is able to see the information she may deem relevant, but we can work together to have an arrangement that respects the privacy of individuals and ensures completely irrelevant information is returned and not retained.”

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‘Flu pandemics prioritised over others’

‘A humiliating defeat’

Responding to the ruling, Labour’s Deputy Leader Angela Rayner said: “While the rest of the country battles the cost-of-living crisis, Rishi Sunak has been wasting time and taxpayers’, money on doomed legal battles to withhold evidence from the COVID Inquiry.

“After this latest humiliating defeat, the prime minister must accept the ruling and comply with the inquiry’s requests for evidence in full.

Deborah Doyle, spokesperson for COVID-19 Bereaved Families for Justice UK, said the judicial review lodged by the government “was a desperate waste of time and money”.

“The inquiry needs to get to the facts if the country is to learn lessons that will save lives in the future,” she said. “That means it needs to be able to access all of the evidence, not just what the Cabinet Office wants it to see.

“A successful inquiry could save thousands of lives in the event of another pandemic, and it’s a disgrace that the Cabinet Office is trying to obstruct it. Any attempt to appeal this decision or hinder its work further would be utterly shameful.”

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‘Pandemic planning was inadequate’

In their ruling, Lord Justice Dingemans and Mr Justice Garnham concluded Baroness Hallett had “acted rationally” when making her order.

Addressing the concern that unrelated material could be seen by the inquiry, the two judges noted that the Cabinet Office could make an application arguing “that it is unreasonable to produce material which does not relate to a matter in question at the inquiry” – and that it would be for the chair to “rule on that application”.

Throughout the process, Mr Johnson backed the COVID inquiry’s attempts to see his unredacted messages, saying he “no objections” to the inquiry seeing his entire back catalogue of communications.

In June he decided to bypass the Cabinet Office by sending “all unredacted WhatsApps” directly to the COVID inquiry, saying he was “perfectly content” for the material to be inspected.

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The former prime minister said he would “like to do the same” with texts that are on an old mobile phone he stopped using due to security concerns in May 2021 – more than a year after the pandemic began.

He said he had asked the government for its help to turn on the device securely to hand over the material.

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Two Chinese citizens captured during fighting in eastern Ukraine, Zelenskyy says

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Two Chinese citizens captured during fighting in eastern Ukraine, Zelenskyy says

Volodymyr Zelenskyy says two Chinese citizens have been captured while fighting in eastern Ukraine.

He said his forces had fought six Chinese soldiers and two of them had been taken prisoner. He added he had ordered officials to obtain an explanation from Beijing.

“We have information that there are many more Chinese citizens in the occupier’s units than just two. We are now finding out all the facts,” he added.

As it happened: Zelenskyy demands reaction from US

China is an ally of Russia and has been accused of helping its war in Ukraine, though Beijing has repeatedly denied allegations that it has supplied Kremlin forces with weapons.

“Russia’s involvement of China in this war in Europe, directly or indirectly, is a clear signal that Putin is going to do anything but end the war,” Mr Zelenskyy said. “He is looking for ways to continue the war.”

Mr Zelenskyy described China as having joined Russia’s war against Ukraine and said he expected the US to react.

There was no immediate comment from China.

How many Chinese are actually fighting for Russia?


John Sparks - Africa correspondent

John Sparks

International correspondent

@sparkomat

Were they volunteers – or mercenaries – who had signed up to fight in the Russian army on their own?

Alternatively, does the Chinese government sanction their involvement – or even encourage it? That would make the situation far more serious.

The capture of these Chinese nationals in Donetsk begs another question – how many Chinese are actually fighting for Russia? In his written post on social media platform Telegram, Volodymyr Zelenskyy said “there are many more Chinese citizens” other than these two.

Still, the Ukrainian president works hard to suggest the Chinese, officially at least, are blameless.

“Russia’s involvement of China in this war… is a clear signal that [Russian President Vladimir] Putin is going to do anything but end the war,” he writes on Telegram.

This is a generous interpretation of China’s approach to the conflict, which is quite openly contradictory.

Read more from John Sparks

Fighters of various nationalities have joined Russia’s army during the war, often in return for promises of large sums of money. This does not represent official interventions by their home countries.

North Korea has also sent thousands of its troops to support Russia.

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‘This could be very, very embarrassing for China’

After Mr Zelenskyy’s announcement, the Ukrainian foreign minister said he had summoned China’s diplomat for an explanation, saying on social media the presence of Chinese citizens in Russia puts Beijing’s stance for peace into question.

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Ukraine in Belgorod, almost out of Kursk

Last night, Mr Zelenskyy confirmed for the first time that Ukrainian forces are active in Russia’s Belgorod region.

He described the actions as “just”, adding: “war must return to where it came from”.

Meanwhile, regional governor Alexander Khinshtein said Russian forces are on the verge of reclaiming Kursk, months after Ukraine’s surprise incursion.

He claimed Russian forces had seized the settlement of Guyevo. Russian state news agency TASS said only two more settlements are left to recapture – Gornal and Oleshnya – to retake the entire region.

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What we learn from video of captured Chinese national in Ukraine – and the serious questions it raises

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What we learn from video of captured Chinese national in Ukraine - and the serious questions it raises

In a carefully written post on social media platform Telegram, Volodymyr Zelenskyy accused the Russian army of deploying Chinese citizens on the battlefield in eastern Ukraine.

What about the proof? Well, the Ukrainian president says his security services captured two people from China in the Donetsk region – along with identity documents, personal data and their bank cards.

Follow latest: Zelenskyy demands reaction from US

A video of a man in military fatigues who had been captured by Ukraine was pinned to the bottom of the statement.

We get snippets of a conversation where the alleged combatant seems to be talking about the events that led to his capture.

“When we arrived at the place… and then my commander.” The man gestures at the floor and ceiling, making shooting noises. “I was also injured.”

Volodymyr Zelenskyy uploaded  a video appearing to show a Chinese prisoner in Ukrainian custody.
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Volodymyr Zelenskyy uploaded a video appearing to show a Chinese citizen in military uniform in Ukrainian custody

These details will make it difficult for the Chinese government to deny the incident out of hand, although they are highly unlikely to supply additional information.

Important details like, who are they? What function(s) do they fulfil in Ukraine’s occupied territories?

Were they volunteers – or mercenaries – who had signed up to fight in the Russian army on their own?

Alternatively, does the Chinese government sanction their involvement – or even encourage it?

That would make the situation far more serious.

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The capture of these Chinese nationals in Donetsk begs another question – how many Chinese are actually fighting for Russia? In his post, Mr Zelenskyy said “there are many more Chinese citizens” other than these two.

Still, the Ukrainian president works hard to suggest the Chinese, officially at least, are blameless.

“Russia’s involvement of China in this war… is a clear signal that [Russian President Vladimir] Putin is going to do anything but end the war,” he writes on Telegram.

This is a generous interpretation of China’s approach to the conflict, which is quite openly contradictory.

On one hand, Chinese President Xi Jinping describes China as a neutral party to the conflict, while simultaneously offering Mr Putin long-term political and economic support.

In fact, he described their partnership as a “no limits” one in a phone call with Mr Putin on the third anniversary of Russia’s full-scale invasion of Ukraine.

Mr Zelenskyy then, is making a point with this post – but he does not want to make the situation any worse.

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What China could do next as Trump’s tariff war ramps up

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What China could do next as Trump's tariff war ramps up

The severity cannot be overstated, if an additional 50% tariffs are levied on all Chinese goods it will decimate trade between the world’s two biggest economies.

Remember, 50% would sit on top of what is already on the table: 34% announced last week, 20% announced at the start of US President Donald Trump’s term, and some additional tariffs left over from his first term in office.

In total, it means all Chinese goods would face tariffs of over 100%, some as high as 120%.

It’s a price that makes any trade almost impossible.

China is really the only nation in the world at the moment that is choosing to take a stand.

While others are publicly making concessions and sending delegations to negotiate, China has clearly calculated that not being seen to be bullied is worth the cost that retaliation will bring.

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Tariffs: Xi hits back at Trump

The real question, though, is if the US does indeed impose this extra 50% tomorrow, what could or would China do next?

It has said it will “fight to the end”, but what does that mean?

In reality, there are few good options.

There are some obvious measures that China will almost certainly enact.

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Further export controls on rare earth minerals (crucial for the development of high-tech products) are one example. China controls a huge proportion of the world’s supply, but the US would likely find workarounds in time.

Hiking tariffs on high-impact US products such as agricultural goods is another option, but there is only so far this could go.

The potentially more impactful options have significant drawbacks for Beijing.

It could, for instance, target high-profile American companies such as Apple and Tesla, but this isn’t ideal at a time when China is trying to attract more foreign investment, and some devaluation of the currency is possible, but it would also come with adverse effects.

Other options are more political and come with the risk of escalation beyond the economic arena.

In an opinion piece this morning, the editor of Xinhua, China’s state news agency, speculated that China could cease all cooperation with the US on the war against fentanyl.

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This has been a major political issue for Mr Trump, and it’s hard to see it would not constitute some sort of red line for him.

Other options touted include banning the import of American films, or perhaps calling for the Chinese public to boycott all American products.

Anything like this comes with a sense that the world’s two most powerful superpowers might be teetering on the edge of not just a total economic decoupling, but cultural separation too.

There is understandably serious nervousness about how that could spiral and the precedent it sets.

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