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”.
Such materials include personal messages and “matters unconnected to the government’s handling of COVID”, it said.
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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”.
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“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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4:51
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/
What is the COVID inquiry asking for?
Unredacted messages sent and received by Boris Johnson between 1 January 2020 and 24 February 2022.
Unredacted diaries for Mr Johnson between 1 January 2020 and 24 February 2022
Copies of 24 unredacted notebooks filled in by Mr Johnson between 1 January 2020 and 24 February 2022
Unredacted messages sent and received by adviser Henry Cook between 1 January 2020 and 24 February 2022.
The inquiry wants messages – even from group chats – about the government response to COVID, as well as contact with a list of certain experts, ministers, civil servants and advisers
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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3:05
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.
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.”
Patients are dying in corridors and going undiscovered for hours while the sick are left to soil themselves, nurses have said, revealing the scale of the corridor crisis inside the UK’s hospitals.
In a “harrowing” report built from the experiences of more than 5,000 NHS nursing staff, the Royal College of Nursing (RCN) found almost seven in 10 (66.81%) say they are delivering care in overcrowded or unsuitable places, including converted cupboards, corridors and even car parks, on a daily basis.
Demoralised staff are looking after as many as 40 patients in a single corridor, unable to access oxygen, cardiac monitors, suction and other lifesaving equipment.
Women are miscarrying in corridors, while some nurses report being unable to carry out adequate CPR on patients having heart attacks.
Sara (not her real name) said she was on shift when a doctor told her there was a dying patient who had been waiting in the hospital’s corridor for six hours.
“It took a further two hours to get her into an adequate care space to make her clean and comfortable,” she told Sky News.
“That’s a human being, someone in the last hours of their life in the middle of a corridor with a detoxing patient vomiting and being abusive behind them and a very poorly patient in front of them, who was confused, screaming in pain. It was awful on the family, and it was awful on the patient.”
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Dead patients ‘not found for hours’
A nurse working in the southeast of England quit her job after witnessing an elderly lady in “animal-like conditions”.
She told the RCN: “A 90-year-old lady with dementia was scared, crying and urinating in the bed after asking several times for help to the toilet. Seeing that lady, frightened and subjected to animal-like conditions is what broke me.
“At the end of that shift, I handed in my notice with no job to go to. I will not work where this is a normal day-to-day occurrence.”
Another nurse in the South East said a patient died in a corridor and “wasn’t discovered for hours”.
Sara told Sky another woman needed resuscitating after the oxygen underneath her trolley ran out. Sara was one of just two nurses caring for more than 30 patients on that corridor.
“I have had nightmares – I have a nightmare that I walk out in the corridor and there are dead bodies in body bags on the trolleys,” she said, growing visibly emotional.
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One nurse, who spoke to Sky News, said the conditions were “undignified” and “inhumane”.
“It’s not just corridors – we utilise chairs, cupboards, whatever space is available in the hospital to be repurposed into a care space, in the loosest sense of that term. These spaces are unsafe.”
Some spaces, she said, don’t even have basic electricity for nurses to plug in their computers.
The nurse, who spoke to Sky on the condition of anonymity, said she has experienced burnout multiple times over the state of her workplace.
“I have come to the conclusion this week I don’t think I can continue working in the NHS or as a nurse,” she said.
“It breaks my soul; I love what I do when I am able to do it in the right way. I like caring for people, I like making people better, I also like providing a dignified death.”
She added: “I want to look after the institution I was born into, but for the sake of my family and my mental health, I don’t know how much more I can give.”
With 32,000 nursing vacancies in England alone, data also shows around one in eight nurses leave the profession within five years of qualifying.
Staff ‘not proud of the care they are giving’
The Royal College of Nursing (RCN) says the testimony, which runs to over 400 pages, must mark a “moment in time”. In May 2024, the RCN declared a “national emergency” over corridor care in NHS services.
Professor Nicola Ranger, RCN general secretary and chief executive, said: “At the moment, [nursing staff] are not proud of the care they are giving.”
“We hear stories of escalation areas and temporary beds that have been open for two years,” she added. “That is no longer escalation, it’s understaffed and underfunded capacity that is pretty shocking care for patients. We have to get a grip on that.”
“The NHS used to be the envy of the world and we need to take a long hard look at ourselves and say ‘what needs to change?’
“The biggest concern for us is that the public Is starting to lose a little faith in their care, and that has to stop. We absolutely have to sort this out.”
Commenting on the RCN’s report, Duncan Burton, chief nursing officer for England, said the NHS had experienced one of the “toughest winters” in recent months, and the report “should never be considered the standard to which the NHS aspires”.
“Despite the challenges the NHS faces, we are seeing extraordinary efforts from staff who are doing everything they can to provide safe, compassionate care every day,” he added. “As a nurse, I know how distressing it can be when you are unable to provide the very best standards of care for patients.”
Have you experienced corridor care in an NHS hospital? Get in touch on NHSstories@sky.uk
A 62-year-old British woman has died in the French Alps after colliding with another skier, according to local reports.
The English woman was skiing on the Aiguille Rouge mountain of Savoie at around 10.30am on Tuesday when she hit a 35-year-old man who was stationary on the same track, local news outlet Le Dauphine reported.
It added that emergency services and rescue teams rushed to the scene but couldn’t resuscitate the woman, who died following the “traumatic shock”.
The man she collided with was also said to be a British national.
Local reports said the pair were skiing on black slopes, a term used to describe the most challenging ski runs with particularly steep inclines.
A spokesperson for the Foreign, Commonwealth and Development Office told Sky News: “We are supporting the family of a British woman who died in France and are in touch with the local authorities.”
Singer Linda Nolan, who rose to fame alongside her sisters in The Nolans, has died after several years of battling cancer.
The Irish star, 65, and her sisters Coleen, Maureen, Bernie, Denise and Anne, had a run of hits in the late 1970s and ’80s – including the disco classic I’m In The Mood For Dancing.
Paying tribute on The Nolans‘ X account, her sisters described her as “a pop icon and beacon of hope”, who “faced incurable cancer with courage, grace and determination, inspiring millions”.
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Linda died peacefully in hospital this morning, “embraced with love and comfort” with her siblings by her side, her agent Dermot McNamara said in a statement.
“As a member of The Nolans, one of the most successful girl groups of all time, Linda achieved global success; becoming the first Irish act to sell over a million records worldwide, touring the world and selling over 30 million records,” he said.
“Her distinctive voice and magnetic stage presence brought joy to fans around the world, securing her place as an icon of British and Irish entertainment.”
As well as her TV and musical career, Linda helped to raise more than £20 million for numerous charities, including Breast Cancer Now, Irish Cancer Society, Samaritans and others.
“Her selflessness and tireless commitment to making a difference in the lives of others will forever be a cornerstone of her legacy,” Mr McNamara said.
Linda’s death came after she was admitted to hospital with pneumonia over the weekend. She began receiving end-of-life care after slipping into a coma on Tuesday.
Details of a celebration of the star’s “remarkable life” will be shared in due course.
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Linda was born to Tommy and Maureen Nolan in Dublin on 23 February 1959, the sixth of eight children.
Her parents were both singers and keen to turn their young family into a musical troupe. Linda made her stage debut aged just four.
Those early years put the siblings on track for a career in show business which lasted for decades. As well as I’m In The Mood For Dancing, The Nolans had hits with Gotta Pull Myself Together, Attention To Me and Don’t Make Waves, and they also had their own TV specials.
At their height, they toured with Frank Sinatra and were reported to have outsold The Beatles in Japan.
Linda left the group in 1983, but later reformed with her sisters for several comeback performances. She also became known for musical theatre, most notably performing the role of Mrs Johnstone in Blood Brothers for three years from 2000.
Four siblings struck by cancer
Linda was first diagnosed with breast cancer in 2005, and underwent a mastectomy two days before her 47th birthday.
The sisters were diagnosed with different forms of the disease just days apart after they returned home from filming a series of their show, The Nolans Go Cruising. Linda had cancer of the liver, while Anne had breast cancer.
They went on to write Stronger Together, an account of their journey that included frank details of their treatments and the side effects.
But in 2023, Linda revealed the cancer had spread to her brain and she was beginning treatment as part of a new drug trial.
The Nolans lost their second-youngest sister, Bernie, to cancer in 2013, aged 52.
Linda’s husband of 26 years, Brian Hudson, died in 2007 after being diagnosed with skin cancer.
Anne Nolan is now cancer-free.
Tributes to star ‘who was always a joy’
TV star and singer Cheryl Baker and comedian Tommy Cannon are among those who have paid tribute.
“I’m heartbroken to hear about the passing of Linda Nolan,” Cannon wrote on X. “I had the pleasure of working with her on so many occasions, and she was always a joy – full of warmth and love. My thoughts and love are with the Nolan girls and the whole family.”
“The most incredible voice, the wickedest sense of humour, such a massive talent,” Baker wrote. “You’re with Brian now, Lin.”
Loose Women also sent its love to her family. Linda appeared as a guest panellist on the ITV chat show over the years, alongside her sister Coleen.
The Blackpool Grand Theatre described her as “a true Blackpool icon”.