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British ministers could be set for a legal battle with the COVID-19 inquiry over the requested release of unredacted WhatsApp messages and diaries belonging to former Prime Minister Boris Johnson.
The Cabinet Office has until 4:00 p.m. (1500 GMT) on Tuesday to respond to the request from the official inquiry led by the cross-bench member of the House of Lords, Heather Hallett.
There had, so far, been little signs that ministers are set to shift from the position that the government has no duty to disclose “unambiguously irrelevant” material.
The row was sparked by a legal request from the inquiry on April 28 for several materials, including unredacted WhatsApp messages.
The diaries belonged to the former prime minister between January 2020 and February 2022.
Former head of the Civil Service Bob Kerslake told BBC Radio 4’s ‘Today’’ programme that “there are some cover-ups going on here to save the embarrassment of ministers.”
But there is also the Cabinet Office fighting for a principle of confidentiality.
“I have to say I think they’re misguided on this situation. I actually think it would set a helpful precedent if Lady Hallett prevailed in this fight about the information,” stated Mr Kerslake. “We are in a bit of a mess at the moment; we don’t really know whether WhatsApp’s been used as a decision-making tool or as just an information-sharing device.”
In May, the Cabinet Office pushed back against the request, made under section 21 of the Inquiries Act 2005 and which also applies to messages from former adviser Henry Cook.
In a ruling last week, Ms Hallett rejected the argument that the inquiry’s request was unlawful and claimed that the Cabinet Office had “misunderstood the breadth of the investigation.”
Refusing to comply with the request would lead to a legal clash with the official inquiry, raising the possibility of ministers seeking a judicial review of the probe’s powers.
(dpa/NAN)
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