Rishi Sunak loses court battle after pushing to keep Boris Johnson diaries secret
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The former Prime Minister was left at odds with his ex-Chancellor over whether to hand over unredacted messages to the Covid Inquiry
Rishi Sunak has suffered a major blow as the High Court announced there were no grounds to block Boris Johnson’s WhatsApp messages and notebooks from being sent to the Baroness Heather Hallett's Covid Inquiry.
Lord Justice Dingemans and Mr Justice Garnham dismissed the Government’s call for a judicial review but stressed the Cabinet Office could issue a different application to Lady Hallett.
The Prime Minister challenged Baroness Hallett’s order, which was supported by Johnson, as Cabinet Office lawyers argued the probe does not have the legal power to release "unambiguously irrelevant" information.
Whitehall lawyers also suggested the documents would cover matters which are "unconnected to the Government's handling of Covid".
Baroness Heather Hallett, arriving at at Dorland House in London
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Baroness Hallett warned the Cabinet Office’s position “undermines” her ability to carry out the investigation properly and would have “serious implications” for all public inquiries.
Johnson previously said he was "more than happy" for the inquiry to see his unredacted messages and even threatened to by-pass the Cabinet Office by sending what material he had directly to Baroness Hallett.
The High Court’s judgement ruled the Section 21 Notice issued in May was valid.
It said: “We therefore dismiss the claim for judicial review but record that the Cabinet Office may respond to the notice by making an application pursuant to section 21(4), that it is unreasonable to produce material which does not relate to a matter in question at the inquiry.
“It will be for the Chair of the Inquiry to rule on that application.”
The Cabinet Office has until 4pm on Monday to hand the Covid Inquiry the relevant material.
A Government spokesman said: "We will comply fully with this judgment and will now work with the Inquiry team on the practical arrangements."
Responding to the ruling, Labour's Deputy Leader Angela Rayner said: "While the rest of the country battles the cost-of-living crisis, Rishi Sunak has been wasting time and taxpayers', money on doomed legal battles to withhold evidence from the Covid Inquiry.
"After this latest humiliating defeat, the Prime Minister must accept the ruling and comply with the inquiry's requests for evidence in full.”
Liberal Democrat Cabinet Office spokesperson Christine Jardine added: “This is a victory for transparency and a humiliating defeat for this Conservative Government.
“Rishi Sunak should have never wasted taxpayers' money trying to dodge scrutiny and hide the truth.
“The Government must now agree to comply fully with the Covid Inquiry’s requests.
“Bereaved families deserve better than this endless game of smoke and mirrors.”