COVID inquiry chair insists it is for her to decide what material is ‘relevant’ amid row over Johnson WhatsApps
The chair of the COVID inquiry says it is up to her to decide what evidence is “relevant or potentially relevant” amid a legal row with the government over Boris Johnson’s WhatsApp messages.
Baroness Hallett said she refused to withdraw her order for the government to hand over unredacted material for her investigation as she formally opened the COVID inquiry on Tuesday.
It comes just days after the government launched a judicial review over her order to the Cabinet Office that it hand over Mr Johnson’s unredacted WhatsApp messages, diary entries and other documents.
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The former prime minister has already sent “all unredacted WhatsApps” directly to the inquiry.
Acknowledging the legal battle, Baroness Hallett said: “As has been widely reported in the media, an issue has arisen between the inquiry and the Cabinet Office as to who decides what is relevant or potentially relevant.
“I issued a notice under Section 21 of the Inquiries Act 2005 making it clear that, in my view, it is for the inquiry chair to decide what is relevant or potentially relevant.”
She continued: “The Cabinet Office disagrees, claiming they are not obliged to disclose what they consider to be unambiguously irrelevant material. They invited me to withdraw the Section 21 notice. I declined.
“They are now challenging my decision to decline to withdraw the notice in the High Court by way of judicial review.
“With litigation pending and as the decision-maker, I can make no further comment.”
In its reasoning for launching the judicial review, the government said it had done so with “regret” but that “important issues of principle” were at stake around privacy.
It also questioned whether Baroness Hallett had “the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work”, and argued that requesting such material “represents an unwarranted intrusion into other aspects of the work of government”.
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Ministers have confirmed that they expect an expedited High Court hearing to take place on or shortly after 30 June.
But Mr Johnson decided to bypass the Cabinet Office last week by sending “all unredacted WhatsApps” directly to the COVID inquiry, saying he was “perfectly content” for the material to be inspected.
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.
Hugo Keith KC, a counsel for the inquiry, told Baroness Hallett that Mr Johnson’s unredacted WhatsApp messages and notebooks were going to be compared with redacted copies provided by the Cabinet Office and that the inspection would begin this week.
He said the inspection “will allow your team to make its own assessment as to the redactions applied by the Cabinet Office and to satisfy ourselves and ultimately you of their appropriateness or otherwise”.
Mr Johnson’s locked former phone has also been handed to the government with the hope of obtaining his messages before May 2021, Mr Keith said.
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“Neither Mr Johnson nor the inquiry has the technical expertise to ensure the contents of the phone can be downloaded safely and properly, particularly bearing in mind the overarching need to ensure no damage is done to national security.
“We have therefore agreed that this phone should be provided to the appropriate personnel in government for its contents to be downloaded.
“We have asked the Cabinet Office, in liaison with Mr Johnson and those government personnel, to obtain the phone without delay, to confirm in writing the process by which it will be examined and to give confirmation that it, like the diaries and the notebooks and the WhatsApps, will be accessed fully.
“That is to say, there will be no redactions made to the contents, other than in relation to national security, before we may view it.”
As well as receiving material from Mr Johnson, the inquiry has also received documents with redactions from two other individuals.
It said the Foreign Office had also supplied the inquiry with potentially relevant WhatsApps from two special advisers, with extensive redactions applied to parts that it deemed to be irrelevant.
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By contrast, Mr Keith said the Department of Health and Social Care had provided a “much fuller disclosure”, including messages from Matt Hancock, who was health secretary during the pandemic.
“We would of course invite the Foreign Office the Cabinet Office to pay close regard to the position adopted by the DHSC,” he said.
So far the inquiry has issued 38 requests to government departments and other bodies, 11 to regional mayors and 12 to ministers including former prime minister Liz Truss, former deputy prime minister Dominic Raab, Business Secretary Kemi Badenoch and Levelling Up Secretary Michael Gove.
Following this morning’s preliminary hearing, Rishi Sunak’s official spokesman said the government was “willing to agree another way forward” when asked whether it wanted to proceed with legal action.
“Obviously we have explored other possibilities for resolution previously. So obviously we continue to speak to the inquiry. And as I say, we are willing to agree another way forward.”
Katy Perry has blasted off to space along with five other women in the first all-female space crew in over sixty years.
The Firework singer lifted off from West Texas on a Blue Origin rocket before becoming the first artist to sing in space.
Flying alongside Perry were author Lauren Sanchez, the fiancee of Blue Origin owner and Amazon founder Jeff Bezos, journalist and TV presenter Gayle King, civil rights activist Amanda Nguyen, former rocket scientist Aisha Bowe, and filmmaker Kerianne Flynn.
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What happened in Blue Origin all-female space flight
The star-studded crew were supported on the ground by family and friends including Kris Jenner, Khloe Kardashian and Oprah Winfrey, who said she had “never been more proud” of her friend, King.
“There’s only one time all the women are going up for the first time,” Oprah said she told her friend when urging her to go on the flight, telling her she’d regret turning down the opportunity.
(Seated left to right) Lauren Sanchez and Kerianne Flynn, (standing left to right) Amanda Nguyen, Katy Perry, Gayle King and Aisha Bowe. Pic: Blue Origin
Katy Perry rings a symbolic bell before boarding the New Shepard rocket. Pic: Blue Origin
Weightlessness
The crew were weightless for just four minutes after passing the Karman line, a 62-mile-high boundary that is internationally recognised as the boundary of space.
Pic: Blue Origin
They could be heard screaming as they began to feel weightless, and told each other to look at the incredible views of the moon.
As the crew were leaving space, Perry started to sing What a Wonderful World by Louis Armstrong.
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Asked why she chose that song, she said: “It’s not about me or about me singing my songs, it was about a collective energy in there.
“It’s about this wonderful world that we see right out there and appreciating it.”
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She confirmed she will be writing a song about the experience.
Katy Perry kisses the ground after the flight. Pic: Blue Origin
The descent
Three parachutes on their capsule opened up to bring them safely back down to Earth and just before they landed, an air cushion blew a cloud of dust up in the west Texas desert, giving a dramatic-looking touchdown.
Pic: Blue Origin
Pic: Blue Origin
“Excited as I am, I’ll be very glad when we come back down,” said self-confessed nervous flier King before liftoff.
When she exited the shuttle, the presenter kissed the floor and said: “Thank you, Jesus”.
She said it was “oddly quiet” in space, and it reminded her that people needed to “do better and be better” on Earth.
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“It was the most incredible experience of my life to be up there and see such vast darkness in space and look down on our planet,” said Flynn, through tears.
“The moon was so beautiful and I feel like that was a special gift just for me,” she said.
Donald Trump has suggested “homegrown criminals” in the US could be deported to jails in El Salvador – saying the US attorney general is “studying the laws right now”.
He made the comment while speaking alongside the Central American nation’s president, Nayib Bukele, in the White House.
The Trump administration has sent hundreds of alleged Venezuelan gang members to CECOT, a maximum security prison in El Salvador, since March.
When asked about the deportations – which were briefly blocked by a US court last month – Mr Trump said: “I’d like to go a step further.
“We also have homegrown criminals that push people into subways, hit elderly ladies on the back of the head when they’re not looking, that are absolute monsters.
“I’d like to include them in people to get out of the country.”
Pic: Reuters
When pressed on the matter by a reporter, he replied: “They’re as bad as anybody that comes in. We have bad ones too. I’m all for it.”
US Attorney General Pam Bondi, who was present at the meeting, is “studying the laws right now”, the US president added.
“If we can do that, that’s good,” he said. “I’m talking about violent people, really bad people.
“We can do things with the president [of El Salvador] for less money and have great security. He does a great job with that. We have other we’re negotiating with too.”
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The Trump administration has been deporting alleged Venezuelan gang members to the El Salvador jail since mid-March, when the US president signed the Alien Enemies Act.
The law from 1798 has been invoked just three times before, in wartime. It allows the president to detain and deport immigrants living in the US legally if they are from countries seen as “enemies” of the government.
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Lawyers and immigrant rights groups have been unable to contact the men sent to the 40,000 capacity CECOT prison – the largest detention facility in Latin America.
A judge issued a temporary block on the deportations on 17 March, but this was lifted by the Supreme Court last week.
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