Govt likely to lose legal battle over Johnson’s WhatsApp messages, says minister

A UK minister has expressed doubt over the government’s chances of winning its legal case against the Covid inquiry. The case revolves around the inquiry’s demand for unredacted WhatsApp messages from Prime Minister Boris Johnson and 40 other ministers and officials. Science Minister George Freeman stated on BBC Question Time that he had “very little doubt” a court would rule in favour of handing over the documents, but added it was “worth testing” whether officials had a right to privacy.

The government missed a deadline to submit the messages, arguing that many of them were not relevant and that handing them over would compromise ministers’ privacy and hinder future decision-making. Baroness Hallett, the retired judge and crossbench peer chairing the inquiry, maintains that it is her decision to determine what material is relevant.

Freeman suggested that the courts would likely support Lady Hallett’s view, but also emphasized the importance of privacy. He expressed his desire for the inquiry to respect the privacy of any non-Covid-related content. This legal challenge marks the first time a government has taken action against its own public inquiry.

Johnson has stated that he has provided his messages to the Cabinet Office and would be “more than happy” for them to be submitted to the inquiry unredacted. However, no messages from before April 2021 have been handed over due to a security breach involving his phone. Johnson has requested technical support from the Cabinet Office to retrieve the content without compromising security.

The legal dispute occurs just weeks before the inquiry’s first public hearings. Lobby Akinnola, from the Covid-19 Bereaved Families for Justice group, expressed frustration and anger at the government’s decision to challenge the inquiry, fearing it could render the inquiry “lame.” Elkan Abrahamson, the lawyer representing the group, said the refusal to provide the material “raises questions about the integrity of the inquiry.”

Opposition parties have also called for the government to comply with the inquiry’s requests. Labour’s deputy leader, Angela Rayner, described the legal challenge as a “desperate attempt to withhold evidence,” while the Liberal Democrats called it a “kick in the teeth for bereaved families who’ve already waited far too long for answers.”