The Cabinet Office has issued an update to the Covid-19 Inquiry after missing a deadline set for Thursday, June 1. They are now bringing a judicial review challenge "with regret" after failing to submit messages sent between former Prime Minister Boris Johnson and 40 other ministers and officials, during the pandemic, to the Inquiry.

Letter from the Cabinet Office

In a letter to the Covid-19 Public Inquiry, on June 1, the government wrote:

“The Cabinet Office has today sought leave to bring a judicial review. We do so with regret and with an assurance that we will continue to cooperate fully with the Inquiry before, during and after the jurisdictional issue in question is determined by the courts, specifically whether the Inquiry has the power to compel production of documents and messages which are unambiguously irrelevant to the Inquiry’s work, including personal communications and matters unconnected to the government’s handling of Covid.”

It added:

“The Inquiry has given us the choice of providing all the stipulated documents or seeking a judicial review. While choosing the second of these options, we also want to provide as much relevant information as possible, and as quickly as possible, to assist the work of the Inquiry.”

In the letter, the Cabinet Office argued that the request was for “unambiguously irrelevant material” and asking for it “goes beyond the powers of the Inquiry”. It claimed that to hand them over would compromise ministers' privacy and hamper future decision-making.

Response to the Cabinet Office's letter

Baroness Hallett, Chair of the Inquiry, has argued that it is up to her to decide what material is relevant.

Elkan Abrahamson, head of major inquests and inquiries at Broudie Jackson Canter, who represents the Covid-19 Bereaved Families for Justice group, said:

“This whole sorry episode could have been avoided if Boris Johnson had just handed over his diaries and WhatsApp messages to the inquiry when they were in his possession instead of giving them to the Cabinet Office.

It is hugely ironic that having set up the Inquiry in the first place they are now trying to defeat it. The Cabinet Office is showing utter disregard for the inquiry in maintaining their belief that they are the higher power and arbiter of what is relevant material and what is not. It raises questions about the integrity of the inquiry and how open and transparent it will be if the Chair is unable to see all of the material.

There is a very real risk that the inquiry will be seen by my clients as a whitewash and cover up unless this material is handed over.”

The full letter from the government can be read by clicking here.

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