Boris Johnson warned he could lose legal funding for Covid inquiry

File photo dated 02/03/23 of Boris Johnson who has said in a letter to the chairwoman of the Covid-19 Inquiry that he is willing to hand over "all unredacted WhatsApp" messages, including material from a previous phone discarded due to security reasons. Issue date: Friday June 2, 2023.
Boris Johnson has warned funding could 'cease to be available' if he releases evidence without permission. Credit: PA

Boris Johnson has been warned he could lose public funding for legal advice if he tries to “frustrate or undermine” the government’s position on the Covid-19 inquiry. Cabinet Office lawyers said money would “cease to be available” if he breaks conditions such as releasing evidence without permission, according to the Sunday Times.

The government has launched a High Court bid against the Covid Inquiry to challenge its demand for Mr Johnson's unredacted WhatsApp messages and notebooks.

It has argued it should not have to hand over material which is “unambiguously irrelevant”, but this has fuelled accusations of a "cover-up" to save other ministers from potential embarrassment.

In a twist on Friday, Johnson handed over all of his WhatsApp messages to the inquiry - bypassing the government and putting them in an awkward position.

Mr Johnson put his successor Rishi Sunak in an awkward position by sharing his WhatsApp messages. Credit: PA

He has also vowed to share information from an old mobile phone which he stopped using in May 2021 due to a security breach. He also said he would ask for his unredacted notebooks back from Cabinet Office so he can share them.

The former PM had been warned about circumventing the government in this way, in a letter sent by Cabinet Office lawyers last week, as shown in the Sunday Times.

“The funding offer will cease to be available to you if you knowingly seek to frustrate or undermine, either through your own actions or the actions of others, the government’s position in relation to the inquiry unless there is a clear and irreconcilable conflict of interest on a particular point at issue,” it said.

They added that funding would “only remain available” if he complied with conditions such as sending the Cabinet Office “any witness statement or exhibit which you intend to provide to the inquiry so that it can be security checked by appropriate officials”. The Cabinet Office said the letter was “intended to protect public funds” so taxpayer-funded lawyers are not used for any other purpose than aiding the inquiry.

Chairwoman Baroness Heather Hallett during the public inquiry into the Covid-19 pandemic Credit: Screengrab/PA

Former culture secretary Nadine Dorries, a staunch ally of Mr Johnson, said it was “not a good look for the government”. “All evidence provided should be unfettered and not restricted by gov censorship – whatever form that may take,” she tweeted. Tory donor Lord Cruddas, an outspoken backer of Mr Johnson, who handed him a peerage, urged the MP not to be “held to ransom” by the threat. “Don’t worry @BorisJohnson I can easily get your legal fees funded by supporters and crowd funding, it’s easy,” he tweeted. After the government launched its legal battle, Mr Johnson wrote to the inquiry’s chairwoman, Baroness Hallett, saying he was sending all the unredacted WhatsApps he had given to the Cabinet Office.

He said he would like to do the same for his old phone, for which he says he requires assistance to access safely.

That device will be crucial, containing discussions before May 2021 including around the three national lockdowns he ordered. Mr Johnson told the chairwoman that he was “not willing to let my material become a test case for others when I am perfectly content for the inquiry to see it”. The Cabinet Office missed Lady Hallett’s deadline set on Thursday to hand over the requested material.


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But the department has been trying to resist the publication of messages it believes are “unambiguously irrelevant”. A Cabinet Office spokesman said: “This letter from officials simply reiterates that taxpayer-funded lawyers must be used to aid the Covid inquiry and for no other purpose. “The letter makes clear Mr Johnson has a duty to provide sincere witness to the inquiry independently and without reference to the views of the current government. “This letter was intended to protect public funds. It in no way prevents Mr Johnson from providing whatever evidence he wants to.”