Rishi Sunak still deciding what to do about Boris Johnson's WhatsApps

The clock is ticking - the government has less than three hours to hand over Boris Johnson's WhatsApp messages, Libby Wiener reports

Rishi Sunak is still deciding what to do about Boris Johnson's WhatsApp messages, with a deadline for sharing them with the Covid-19 inquiry passing at 4pm on Thursday.

The Covid-19 inquiry wants to see all of the former prime minister's documents from when he was leading the pandemic response - and Mr Johnson has urged the government to release them - but Number 10 is worried about the precedent that would set.

The documents, made up of WhatsApp messages, notebooks and diaries, include text conversations between the former PM and high-profile figures, including Mr Sunak.

Mr Johnson has piled significant pressure on the government to release them, saying they should be "urgently" disclosed.

Asked if they would be while at a European leaders' summit in Moldova, the PM said: “I think it’s really important that we learn the lessons of Covid so that we can be better prepared in the future.

“We’re doing that in the spirit of rigour but also transparency and candour. We’ve co-operated – the government’s co-operated thoroughly with the inquiry today, handing over tens of thousands of documents, and we will continue to comply, of course, with the law, co-operate with the inquiry.

“We’re confident in our position but are carefully considering next steps.”

Why has the government not shared the material with the inquiry?

There are concerns in Downing Street about providing the inquiry with what it says is "unambiguously irrelevant" material in an unredacted form, rather than deciding what material is relevant and should be submitted to the inquiry.

The Cabinet Office, which had been supporting Mr Johnson and others from the pandemic-era government, had previously claimed it did not have access to Mr Johnson's documents ahead of a 4pm deadline on Tuesday.

But Mr Johnson shared the documents with the Cabinet Office himself after the deadline was extended to 4pm on Thursday.

The ex-PM asked the Cabinet Office to "urgently disclose" all the material in an unredacted form, placing the ball firmly in Mr Sunak's court.

If he does not release the documents, people may accuse the government of having something to hide and if he does it could open the flood gates for all ministerial material to be shared unredacted.

The Cabinet Office has been threatened with court action over the documents after initially heavily redacting them.

The request for the material was made under section 21 of the Inquiries Act 2005, and in a ruling last week, Chair Lady Hallett rejected the argument the inquiry’s request was unlawful and said the Cabinet Office had “misunderstood the breadth of the investigation”.

Whitehall officials now hope a compromise can be reached before the 4pm deadline to avoid the need for a damaging legal fight with the inquiry.

What have Boris Johnson and the government said?

There were said to be plans for Mr Sunak and his former boss to hold clear-the-air talks this week as the row began to erupt but it is understood this is now not taking place.

Instead, both parties have issued statements to the media.

Mr Johnson’s spokesperson said on Wednesday: “All Boris Johnson’s material – including WhatsApps and notebooks – requested by the Covid inquiry has been handed to the Cabinet Office in full and in unredacted form.

“Mr Johnson urges the Cabinet Office to urgently disclose it to the inquiry.

“The Cabinet Office has had access to this material for several months. Mr Johnson would immediately disclose it directly to the inquiry if asked.

“While Mr Johnson understands the government’s position, and does not seek to contradict it, he is perfectly happy for the inquiry to have access to this material in whatever form it requires.”

A Cabinet Office spokesperson said the government department is "fully committed" to its obligations to the Covid-19 inquiry.

“As such, the Cabinet Office alone has already provided upwards of 55,000 documents, 24 personal witness statements, eight corporate statements and extensive time and effort has gone into assisting the Inquiry fulsomely over the last 11 months.

“However, we are firmly of the view that the inquiry does not have the power to request unambiguously irrelevant information that is beyond the scope of this investigation.

“This includes the Whatsapp messages of government employees’ which are not about work but instead are entirely personal and relate to their private lives.”

On Tuesday, before the deadline was extended, Mr Sunak said he was still considering whether to share all the documents.

He said: “I think it’s really important  that we learn the lessons of Covid and that’s why the inquiry was established.

“We want to make sure that whatever lessons there are to be learned are learned and we do that in a spirit of transparency and candour.”

He added: “With regard to the specific question at the moment, the government is carefully considering its position but it is confident in the approach that it’s taking.”

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What is the Covid-19 inquiry hoping to achieve?

The inquiry, which was set up by Mr Johnson, is seeking to "examine the UK’s response to and impact of the Covid-19 pandemic, and learn lessons for the future".

It will examine the response and the impact of the pandemic in England, Wales, Scotland and Northern Ireland, and produce a factual narrative account.

This includes, but is not limited to looking at advice on shielding and the protection of the clinically vulnerable, along with the use of lockdowns and other ‘non-pharmaceutical’ interventions such as social distancing and face coverings.

The impact of isolation, testing and contact tracing will also be looked at, as will the closure and reopening of schools and other industries.

Consideration will also be given to the procurement and distribution of key equipment and supplies, including PPE and ventilators as well as how borders were opened and closed.

What can it do?

The inquiry has been established under the Inquiries Act (2005), which provides the chair with considerable powers.

Lady Hallett can compel people to attend as witnesses and give evidence under oath.

She can also legally demand documents to be produced. Failure to meet her demands could see people fined or imprisoned, with a maximum jail term of 51 weeks.

When does it start and when will it end?

So far the inquiry has opened three investigations and the first substantive hearing, looking at the UK's resilience and preparedness (module 1), is set to take place on June 13.

The first oral hearing of module 2, the core UK decision-making and political governance, is set for summer 2023.

And the date for an oral hearing of module 3, the impact of Covid-19 pandemic on healthcare systems in the four nations, has not yet been set.

Each individual investigation within the inquiry will conclude at different times but it could be more than three years before the whole thing ends.

In an update on Tuesday, Lady Hallett said: "Last year, I promised I would work hard to ensure the whole of the UK can learn useful lessons from the pandemic as quickly as possible."

A statement added: "The inquiry is aiming to complete public hearings by summer 2026."

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