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Professor Jason Leitch has said his claim of deleting WhatsApp messages as a “pre-bed ritual” was a “flippant exaggeration”.

The Scottish government’s national clinical director is giving evidence to the UK COVID inquiry, which is currently sitting in Edinburgh.

Last week the inquiry was shown transcripts of a group chat.

Within the message, Ken Thomson, the Scottish government’s former director-general of strategy and external affairs, warned that its contents were “FOI-recoverable” and sent an emoji face with a mouth zipped shut.

Professor Leitch responded: “WhatsApp deletion is a pre-bed ritual.”

On Tuesday, Professor Leitch said the comment was “slightly flippant”.

He added: “It’s an exaggeration. I didn’t daily delete my WhatsApp.

“My position is – as I have just described to you – that I tried to do today’s work today, and if I could assure myself that that work had been managed and dealt with, then I deleted the informal messaging that had led to that moment.

“But this was a flippant exaggeration in an informal messaging group, and it wasn’t done every day before I went to bed.”

Professor Jason Leitch, National Clinical Director for the Scottish Government, arriving at the UK Covid-19 Inquiry
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Professor Leitch shot to prominence during the pandemic

Professor Leitch’s statement followed reports last year that senior Scottish government officials deleted messages relating to the pandemic regularly and could not hand them to the inquiry.

The inquiry has already heard former first minister Nicola Sturgeon and her deputy John Swinney did not retain messages, although Ms Sturgeon later said correspondence had been handed over after being saved by recipients.

Jamie Dawson KC, counsel to the inquiry, said the exchange in Professor Leitch’s chat suggested that those in the group were “keen to try to delete messages which may subsequently be recoverable in a freedom of information request”.

Professor Leitch refuted the suggestion.

He said: “That isn’t my position.”

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Chief medical officer told colleagues to delete WhatsApps ‘at end of every day’

Professor Leitch admitted he had not retained one-to-one informal communications – except DMs from his X account – in relation to the management of the pandemic.

He maintained he deleted WhatsApp messages in line with the Scottish government’s policy on the use and retention of informal messaging.

Professor Leitch explained: “As you’ve heard, the record retention policy was that you could use informal messaging systems for Scottish government business.

“If you did, you should ensure that any advice or any decisions or anything that should be in the corporate record was then placed in that corporate record by email, briefing, etc, and then you should then delete the informal messaging, and that’s the guidance I followed.”

Professor Leitch shot to prominence during the pandemic, appearing at Holyrood briefings alongside Ms Sturgeon on a near-daily basis as well as fronting public information campaigns on TV, radio and online.

The inquiry was also shown a WhatsApp exchange in November 2021 with then health secretary Humza Yousaf where Professor Leitch told him “literally no one” wears a face mask under official guidance.

The now first minister was clarifying the rules around wearing a mask ahead of an event.

Mr Yousaf messaged: “I know sitting at the table I don’t need my mask. If I’m standing talking to folk, need my mask on?”

Mr Leitch responded: “Officially yes. But literally no one does. Have a drink in your hands at all times. Then you’re exempt. So if someone comes over and you stand, lift your drink.”

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Last month: Rishi Sunak appears at the COVID inquiry

Mr Dawson asked if the health secretary didn’t understand the rules, “what chance did anybody else have?”

Professor Leitch said he also found the guidance “tricky”.

He added: “I understood the rules and I understood what we were trying to do, but the reality of life and the environment in which we were trying to do these things perhaps suggest this guidance was nuanced rather than entirely right.”

Professor Leitch rejected a suggestion from Mr Dawson that he had offered Mr Yousaf a “workaround” to the rules.

He said: “I gave him advice to show him how to comply with the rules.”

The inquiry continues.

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Government delays Chinese super embassy decision again

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Government delays Chinese super embassy decision again

The government has again delayed making a decision on whether the Chinese super embassy can go ahead.

New Housing Secretary Steve Reed, who took over from Angela Rayner, was due to approve or deny Beijing’s application for a 600,000 sq ft embassy near the Tower of London next Tuesday.

However, the decision has been delayed to 10 December, “given the detailed nature” of the planning application, and the need to give parties sufficient opportunity to respond”, the prime minister’s spokesman confirmed.

He added that the new deadline is “not legally binding”.

Politics latest: Senior MP hits back at ‘patronising’ CPS lawyers

The spokesman denied the postponement was politically influenced and said it was “very much bound by the quasi-judicial” nature of planning law.

The delay comes the day after the government published witness statements it provided to prosecutors in the China spy trial that collapsed, prompting a blame game over whose fault it was that it dropped.

A decision had already been delayed from 9 September to 21 October after China submitted plans with large greyed-out sections, which said: “Redacted for security reasons.”

Explainer: Everything we know about China’s new ‘super embassy’

The basements in most of the buildings have been greyed out 'for security reasons'. Pic: David Chipperfield Architects
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The basements in most of the buildings have been greyed out ‘for security reasons’. Pic: David Chipperfield Architects

What are the concerns about the embassy?

It has become controversial due to concerns about it being turned into a Chinese spy hub for Europe and the fact highly sensitive financial cables run beneath it to the City of London and Canary Wharf.

The decision to delay again was made after the national security strategy committee wrote to Mr Reed on Monday saying that approving the embassy at its proposed site was “not in the UK’s long-term interest”.

Committee chairman Matt Western, a Labour MP, said in the letter the location presents “eavesdropping risks in peacetime and sabotage risks in a crisis”.

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Tower Hamlets Council rejected China’s initial planning application in 2022 to turn Royal Mint Court, where British coins were minted until 1975, into the largest embassy in Europe over security concerns and opposition from residents.

Beijing did not appeal the decision after making it clear it wanted Conservative ministers to give assurances they would back a resubmitted application – but the then-Tory government refused.

Eleven days after Labour won the election last July, the application was resubmitted in nearly exactly the same form, and was soon “called in” by Ms Rayner for central government to decide.

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Will China super embassy be built?

Conservative shadow housing secretary Sir James Cleverly accused the government of having “actively sought to silence the warnings” about the threats to national security from the embassy.

“It is essential the planning review has access to the full unredacted drawings for the Chinese embassy, and that the UK security agencies are able to submit evidence in private, using established processes,” he said.

“If Keir Starmer had any backbone, he would ensure his government threw out this sinister application – as Ireland and Australia did when faced with similar embassy development proposals from Russia.”

What has China said about the concerns?

In August, the Chinese embassy in the UK said the planning and design was “of high quality” and the application had “followed the customary diplomatic practices, as well as necessary protocol and procedures”.

There have been multiple protests against the embassy's development at the Royal Mint Court site. Pic: PA
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There have been multiple protests against the embassy’s development at the Royal Mint Court site. Pic: PA

The embassy added that it is “an international obligation of the host country to provide support and facilitation for the construction of diplomatic premises”.

And it reminded the UK that London wants to knock down and rebuild the British embassy in Beijing, which is in a very poor condition.

In September, a Chinese embassy spokesperson told Sky News that claims the new embassy poses a potential security risk to the UK are “completely groundless and malicious slander, and we firmly oppose it”.

They added: “Anti-China forces are using security risks as an excuse to interfere with the British government’s consideration over this planning application. This is a despicable move that is unpopular and will not succeed.”

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The three key questions about the China spy case that need to be answered

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The three key questions about the China spy case that need to be answered

The government has published witness statements submitted by a senior official connected to the collapse of a trial involving two men accused of spying for China.

Here are three big questions that flow from them:

1. Why weren’t these statements enough for the Crown Prosecution Service (CPS) to carry on with the trial?

For this prosecution to go ahead, the CPS needed evidence that China was a “threat to national security”.

The deputy national security adviser Matthew Collins doesn’t explicitly use this form of words in his evidence. But he comes pretty close.

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In the February 2025 witness statement, he calls China “the biggest state-based threat to the UK’s economic security”.

More on China

Six months later, he says China’s espionage operations “harm the interests and security of the UK”.

Yes, he does quote the language of the Tory government at the time of the alleged offences, naming China as an “epoch-defining and systemic challenge”.

But he also provides examples of malicious cyber activity and the targeting of individuals in government during the two-year period that the alleged Chinese spies are said to have been operating.

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Witness statements published in China spy trial

In short, you can see why some MPs and ex-security chiefs are wondering why this wasn’t enough.

Former MI6 head Sir Richard Dearlove told Sky News this morning that “it seems to be there was enough” and added that the CPS could have called other witnesses – such as sitting intelligence directors – to back up the claim that China was a threat.

Expect the current director of public prosecutions (DPP) Stephen Parkinson to be called before MPs to answer all these questions.

2. Why didn’t the government give the CPS the extra evidence it needed?

The DPP, Stephen Parkinson, spoke to senior MPs yesterday and apparently told them he had 95% of the evidence he needed to bring the case.

The government has said it’s for the DPP to explain what that extra 5% was.

He’s already said the missing link was that he needed evidence to show China was a “threat to national security”, and the government did not give him that.

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What does China spy row involve?

The newly published witness statements show they came close.

But if what was needed was that explicit form of words, why was the government reticent to jump through that hoop?

The defence from ministers is that the previous Conservative administration defined China as a “challenge”, rather than a “threat” (despite the numerous examples from the time of China being a threat).

The attack from the Tories is that Labour is seeking closer economic ties with China and so didn’t want to brand them an explicit threat.

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Is China an enemy to the UK?

3. Why do these statements contain current Labour policy?

Sir Keir Starmer says the key reason for the collapse of this trial is the position held by the previous Tory government on China.

But the witness statements from Matthew Collins do contain explicit references to current Labour policy. The most eye-catching is the final paragraph of the third witness statement provided by the Deputy National Security Adviser, where he quotes directly from Labour’s 2024 manifesto.

He writes: “It is important for me to emphasise… the government’s position is that we will co-operate where we can; compete where we need to; and challenge where we must, including on issues of national security.”

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In full: Starmer and Badenoch clash over China spy trial

Did these warmer words towards China influence the DPP’s decision to drop the case?

Why did Matthew Collins feel it so important to include this statement?

Was he simply covering his back by inserting the current government’s approach, or was he instructed to put this section in?

A complicated relationship

Everyone agrees that the UK-China relationship is a complicated one.

There is ample evidence to suggest that China poses a threat to the UK’s national security. But that doesn’t mean the government here shouldn’t try and work with the country economically and on issues like climate change.

It appears the multi-faceted nature of these links struggled to fit the legal specificity required to bring a successful prosecution.

But there are still plenty of questions about why the government and the CPS weren’t able or willing to do more to square these circles.

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Trump’s second term fuels a $1B crypto fortune for his family: Report

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Trump’s second term fuels a B crypto fortune for his family: Report

Trump’s second term fuels a B crypto fortune for his family: Report

The Trump family’s crypto ventures have generated over $1 billion in profit, led by World Liberty Financial and memecoins including TRUMP and MELANIA.

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