Labour accuses Government of 'cover-up' over Covid inquiry WhatsApp court battle

Labour has accused the Government of a “cover up” as it emerged the Cabinet Office will take the Covid inquiry to court.

Officials on Thursday confirmed a judicial review will be launched in the wake of demands from Baroness Hallett, the chairman of the investigation, for the release of unredacted messages sent by Boris Johnson during the time of the pandemic.

Angela Rayner, the deputy Labour leader, said: “While the rest of the country is focused on the cost-of-living crisis, Rishi Sunak is hopelessly distracted with legal ploys to obstruct the Covid inquiry in a desperate attempt to withhold evidence.

“After 13 years of Tory scandal, these latest smoke-and-mirror tactics serve only to undermine the Covid inquiry. The public deserve answers, not another cover-up.”

However, the Cabinet Office said it was launching court proceedings “with regret” and insisted Baroness Hallett’s demands would lead to an “absurd” scenario where “unambiguously irrelevant” material sent and received by ministers was shared.

07:01 PM

That's all for this evening...

Thank you for joining us on a dramatic day in Westminster as the Government confirmed it will launch a judicial review following demands by the Covid inquiry.

It follows inquiry chairman Baroness Hallett’s order to release Boris Johnson’s messages, diaries and notebooks, although the 4pm deadline she set came and went without this happening.

In a letter, the Cabinet Office said it “has today sought leave to bring a judicial review”.

“We do so with regret and with an assurance that we will continue to cooperate fully with the inquiry before, during and after the jurisdictional issue in question is determined by the courts...

“Specifically, whether the Inquiry has the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work, including personal communications and matters unconnected to the government’s handling of Covid.”

My colleague Jack Maidment will be back early tomorrow to guide you through the latest.

06:41 PM

There are genuine private issues, says former Cabinet Secretary

Lord Robin Butler, a former Cabinet Secretary, warned this evening that the judicial review could “sour the relationship” between the inquiry and the government.

“If the government says that stuff is unambiguously irrelevant then the enquiry should be able to expect that,” Lord Butler told BBC Radio 4.

“There are genuine privacy issues... there is the protection of safe space to discuss policy”

“Another danger... for the inquiry which is the matter of the wood and the trees. There is so much material especially these days with social media that they may find it difficult in all this undergrowth to get at what they really want. I think they need the government’s cooperation with that.”

06:21 PM

Bereaved families warn of 'whitewash and a cover-up'

Families who lost loved ones to Covid could regard the official inquiry as a “whitewash and cover-up” unless Boris Johnson’s unredacted WhatsApp messages are handed over, a legal team representing them has said.

Elkan Abrahamson, head of major inquests and inquiries at Broudie Jackson Canter, who represents the Covid-19 Bereaved Families for Justice group, said: “This whole sorry episode could have been avoided if Boris Johnson had just handed over his diaries and WhatsApp messages to the inquiry when they were in his possession instead of giving them to the Cabinet Office.

“It is hugely ironic that having set up the inquiry in the first place, they are now trying to defeat it.

“The Cabinet Office is showing utter disregard for the inquiry in maintaining their belief that they are the higher power and arbiter of what is relevant material and what is not... There is a very real risk that the inquiry will be seen by my clients as a whitewash and cover-up unless this material is handed over.”

06:10 PM

Breaking: Labour accuses Government of 'cover up'

Angela Rayner, the deputy Labour leader, accused the Government of a “cover up” this evening as it emerged the Cabinet Office will take the Covid inquiry to court.

“While the rest of the country is focused on the cost-of-living crisis, Rishi Sunak is hopelessly distracted with legal ploys to obstruct the Covid inquiry in a desperate attempt to withhold evidence,” Ms Rayner said.

“After 13 years of Tory scandal, these latest smoke-and-mirror tactics serve only to undermine the Covid inquiry. The public deserve answers, not another cover-up.

“Instead of digging himself further into a hole by pursuing doomed legal battles to conceal the truth, Rishi Sunak must comply with the Covid inquiry’s requests for evidence in full. There can be no more excuses.”

05:56 PM

'What messages are on it?'

05:49 PM

'That would be absurd'

The Cabinet Office has claimed Baronness Hallett’s concept of what is relevant or irrelevant to the inquiry could have “absurd” implications.

The legal documents published in the past hour argue:

05:43 PM

None of Boris Johnson's messages before spring 2021 accessible, suggests Cabinet Office

A witness statement by Ellie Nicholson of the Cabinet Office suggests the Government is not in possession of one of Boris Johnson’s phones - meaning they have none of his messages before spring 2021.

“The WhatsApp material is being reviewed for national security sensitivities and
unambiguously irrelevant material and appropriate redactions are being applied. In
that material, there are no WhatsApp communications before May 2021,” Ms Nicholson wrote.

“I understand that this is because, in April 2021, in light of a well-publicised security breach, Mr Johnson implemented security advice relating to the mobile phone he had had up until that time. It is my understanding that Mr Johnson has possession of that device, and that it is a personal device.

“On 31 May the Cabinet Office spoke to Mr Johnson’s legal representatives to ask them to check with Mr Johnson that he has possession of the phone, and to confirm this to the Cabinet Office.

“The Cabinet Office explained that if the phone could be passed to the Government it could be assessed by security experts. On the morning of 1 June, the Cabinet Office emailed to chase for a response. We have not yet received a substantive response. As the Cabinet Office is not, I understand, in possession of the phone, any material stored on the phone is not in the Cabinet Office’s possession or control.”

05:22 PM

Breaking: Lawyers worked 'through the night' on Johnson's messages

05:22 PM

Breaking: Statement from the Covid inquiry

05:21 PM

Cabinet Office insists it 'fully supports' work of inquiry

In a letter to the Covid inquiry, the Cabinet Office insisted it “fully supports the necessary and important work” of the investigation and said it was “with regret” it was launching a judicial review.

“As you know we have exchanged views with the Inquiry and explored a number of possible avenues for resolving this difference of opinion, including by demonstrating how our legal counsel have applied redactions of irrelevant material, and taking a more focused or sequential approach to the direction of the information requirements.

“We appreciate the patience and goodwill shown by the Inquiry as we have sought to identify a mutually acceptable solution, and we remain hopeful and willing to agree together the best way forward.”

05:18 PM

Government accused of 'kick in the teeth' for bereaved families

Daisy Cooper, the leader of the Liberal Democrats, said in response to the judicial review news: “This cowardly attempt to obstruct a vital public inquiry is a kick in the teeth for bereaved families who’ve already waited far too long for answers.

“Rishi Sunak’s promise to govern with integrity and accountability has been left in tatters.

“The government is delaying the inquiry even further and clogging up court time, all to prevent Sunak and his Conservative colleagues from having to release their messages.”

05:12 PM

Breaking: Cabinet Office launches judicial review into Covid inquiry demand for 'irrelevant' WhatsApps

05:03 PM

Breaking: Rishi Sunak meets Volodymyr Zelensky

Rishi Sunak said in the past few minutes that the UK is working with other countries to provide Ukraine with combat air capability.

Following his talks with Volodymyr Zelensky, the Ukrainian President, at the European Political Community summit in Moldova, the Prime Minister tweeted: “Always a privilege to meet my friend @ZelenskyyUa.

“We’re working with international partners to ensure Ukraine has the combat air capability needed to repel ongoing Russian aggression.”

04:52 PM

Labour shadow minister digs in

Jess Phillips, the shadow domestic violence minister, has criticised the lack of an update from ministers this afternoon:

04:36 PM

Comment: 'Inheritance tax is a spectre that haunts Britain – it must be abolished'

The most natural feeling in the world for any parent is to want to look after their children, writes Nadhim Zahawi.

Nadhim Zahawi: Sunak should scrap ‘morally wrong’ tax

04:23 PM

Deadline for Covid inquiry WhatsApps passes

The deadline for ministers to hand over Boris Johnson’s WhatsApp messages, diaries and personal notebooks to the Covid-19 public inquiry has now expired.

Rishi Sunak suggested in the past hour the Government was still considering a range of options.

So far, we have silence from the Cabinet Office but we will let you know as soon as that changes.

04:06 PM

Sunak had 'various meetings' on migration in Moldova

Dutch prime minister Mark Rutte said he spoke with Rishi Sunak about migration at the European Political Community summit, Amy Gibbons reports from Moldova.

He said the Prime Minister held “various meetings” on the issue throughout today.

Asked if he spoke to Mr Sunak about migration, he told reporters: “Yes, just briefly, but I completely agree with him that this has to be discussed here.

“We didn’t discuss it in depth, but I know that he has (had) various meetings here on that issue.

“Where Rishi Sunak is pleading for the EU as a whole to make sure that our borders are well controlled, generally of course I agree. And that’s what we are doing.”

03:59 PM

Good afternoon

Dominic Penna here, The Telegraph’s Political Reporter, guiding you through the rest of the day.

The deadline is about to pass for the Government to either release Boris Johnson’s unredacted pandemic-related messages and notebooks to the Covid inquiry or face a legal dispute.

We will keep you posted as soon as there is an update from the Cabinet Office.

03:41 PM

Rishi Sunak 'confident' in Government's position ahead of Covid inquiry deadline

Rishi Sunak said the Government was “confident” in its position ahead of a 4pm deadline to respond to the Covid inquiry’s request for disclosure of Boris Johnson’s private messages and papers.

Asked if the Government will comply with the inquiry’s request, Mr Sunak told broadcasters in Moldova: “I think it is really important that we learn the lessons of Covid so that we can be better prepared in the future and we are doing that in a spirit of rigour but also transparency and candour.

“We have cooperated, the Government has cooperated, thoroughly with the inquiry to date, handing over tens of thousands of documents and we will continue to comply of course with the law, cooperate with the inquiry.

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

03:39 PM

Rishi Sunak says Ukraine's 'rightful place is in Nato'

Rishi Sunak told broadcasters in Moldova that “many of the challenges we face” in Europe like Russian aggression and illegal migration can only really be solved “when we work together with other countries”.

Asked about Ukraine’s hopes of joining Nato, Mr Sunak said that “Ukraine’s rightful place is in Nato” but he would not be drawn on a timeframe for joining the alliance.

He said that the West was providing Ukraine with “all the support they need for a successful counter offensive” against Russia and also making clear that Kyiv will be supported in the long term.

That will send a “very strong signal to Vladimir Putin that we are not going anywhere, we are here to stay”, he said.

03:00 PM

Brexit was 'a historic error', ex-US Treasury Secretary claims

Brexit will go down in history as a “historic error” that fuelled inflation, former US Treasury Secretary Larry Summers has said.

The influential economist slammed the UK’s departure from the European Union as a mistake that hampered international competitiveness and labour supply.

He also warned that the UK will likely face a recession within the next two years.

You can read the full story and follow the latest updates on the economy on The Telegraph’s business live blog here.

02:16 PM

Rishi Sunak: UK 'taking the lead' internationally on tackling illegal migration

01:39 PM

Rishi Sunak joins fellow EPC leaders for working lunch at summit in Moldova

Rishi Sunak was treated to a traditional Moldovan meal of lamb wrapped in cabbage leaves as he joined visiting leaders for a working lunch at the European Political Community summit, writes Amy Gibbons in Moldova. 

The food was paired with a selection of three local wines, one each to accompany the starter, main and dessert, though the tee-total Prime Minister will have swapped these for a non-alcoholic alternative.

To start, the leaders were presented with Moldovan-style pastry “Sarmaluta”, a “wheel of fortune” stuffed with roasted eggplant dip, pickled pumpkin dumplings, polenta nigiri and potato rolls cooked in the style of the surrounding Bulboaca village, all served with a dry white blend.

For the main, they tucked into Moldovan-style lamb sirloin Wellington, paired with a special “Governor’s Blend” of Cabernet Sauvingnon and Saperavi Feteasca Neagra.

To finish, they were served with a traditional “Baba Neagra” cake garnished with ice cream, vanilla sauce and grape jelly, accompanied by a sweet Riesling.

Wine is one of Moldova’s biggest exports, accounting for five per cent of the Eastern European state’s GDP. The blends on offer were all sourced from Castle Mimi, the vineyard playing host to the EPC’s second meeting just outside the Moldovan capital.

01:22 PM

Pictured: Rishi Sunak poses with leaders at European Political Community summit in Moldova

12:44 PM

Trussonomics was abandoned after Simon Case told PM it was causing market chaos

Liz Truss abandoned her tax-cutting agenda after being warned by the head of the civil service that it was causing market chaos, it has emerged.

Simon Case, the Cabinet Secretary, wrote a memo to the former prime minister urging her to abandon the measures announced in last year’s mini-budget.

The claims, reported by The Spectator magazine, will reignite the debate over how much sway Whitehall mandarins have to dictate Government policy.

You can read the full story here.

12:03 PM

Inheritance tax is 'genuinely unfair', says IFS director

Paul Johnson, the director of the Institute for Fiscal Studies think tank, said inheritance tax is “genuinely unfair” as he responded to calls from Tory MPs to scrap the levy.

He suggested reforming the tax.

Mr Johnson tweeted: “Rather than scrapping IHT we urgently need to reform it. It is genuinely unfair. The very wealthy pay an average rate half, or less, that paid by the moderately wealthy. If all you leave is the family house it’s hard to avoid. If you have millions it is absurdly easy to avoid.”

11:39 AM

Almost two thirds of voters believe unredacted WhatsApps should be handed over to Covid inquiry

Almost two thirds of voters believe the Government should hand over Boris Johnson’s unredacted WhatsApp messages and diaries to the official Covid inquiry amid a legal standoff, a new poll has found.

A Savanta survey conducted between May 26-28 found 61 per cent of people believe all of the material should be handed over.

About a quarter of voters, 24 per cent, said the unredacted messages and diaries should not be handed over.

11:10 AM

Boris Johnson ‘feared Covid left UK infantilised and in state of doublethink’

Boris Johnson feared the Covid response left Britain infantilised and in a “permanent state of doublethink”, his former communications director has said.

Guto Harri claimed Mr Johnson had become uncomfortable with the size of the state in the wake of more than £300bn of spending in response to the pandemic.

Speaking on his LBC podcast Unprecedented, Mr Harri recalled warnings during top-level meetings about the effects of more than a year of draconian restrictions on everyday life, including three lockdowns.

“He basically feared that the UK had become infantilised, essentially addicted to Government telling them what to do, how to live their lives, who they could see, where they could go, et cetera — and also crucially, picking up their bills,” he said.

You can read the full story here.

10:40 AM

Labour policies would cost a 3p rise on income tax

Uncosted Labour spending pledges would cost the equivalent of a 3p rise in income tax, according to a new analysis.

The i newspaper said the party’s policies would require an additional £20 billion of funding. The analysis includes the cost of a policy raised by the shadow education secretary to extend free childcare to children below the age of 11.

On Wednesday night, Labour disputed that this was party policy – and denied that the cost of its policies would need a large rise in income tax.

But Jeremy Hunt, the Chancellor, tweeted: “It is just not possible for Labour to promise so much extra spending without pushing up taxes, inflation and interest rates.”

You can read the full story here.

10:13 AM

Dutch PM says migration 'has to be high on the agenda' at European summit after Sunak call

The Dutch Prime Minister said he agrees with Rishi Sunak that migration should be “high on the agenda” as dozens of European leaders gather for a major summit in Moldova, writes Amy Gibbons.

Mark Rutte said Mr Sunak was right to say the issue should be raised at the second meeting of the European Political Community (EPC), which brings together more than 40 EU and non-EU states.

But he said the “number one” priority should be Ukraine and Moldova.

Asked if leaders at the summit were willing to discuss migration, given the UK premier has made it his priority (see the post below at 08.36), Mr Rutte told reporters: “Absolutely, I agree with him, migration has to be high on the agenda.

“Of course, number one is Ukraine and Moldova, there’s no doubt about it, and we’re working with the Brits on the F-16 fighter jet coalition. But I agree with Rishi that we also have to discuss migration, and we will do so.”

10:07 AM

Pictured: Rishi Sunak arrives at European Political Community summit in Moldova

10:03 AM

Pictured: James Cleverly attends a Nato summit in Oslo today

09:59 AM

Zelensky urges West to provide 'security guarantees' as he attends summit in Moldova

Volodymyr Zelensky, the Ukrainian President, is attending today’s European Political Community summit in Moldova alongside Rishi Sunak and other leaders and he has urged the West to provide “security guarantees” to both Ukraine and Moldova to add a new layer of protection against Moscow.

Amy Gibbons, The Telegraph’s political correspondent, who is in Moldova, reports:

You can follow the latest updates on the war in Ukraine on The Telegraph’s live blog here.

09:42 AM

Pictured: Boris Johnson goes for a run in Oxfordshire this morning

09:26 AM

Labour MP Geraint Davies suspended after sexual harassment allegations

A Labour MP has had the party whip suspended following allegations of sexual harassment.

Geraint Davies, the MP for Swansea West since 2010, has been accused of subjecting five younger female colleagues to unwanted physical and verbal sexual attention.

Labour confirmed Mr Davies had lost the whip pending an internal investigation after the claims were published by the website Politico.

The allegations, which he denies, include that he touched two female MPs inappropriately, while a former parliamentary official accused him of repeatedly commenting on her appearance.

09:20 AM

Government legal challenge against Covid inquiry would be ‘rather expensive’

Lord Saville, who conducted the independent inquiry into Bloody Sunday, said a potential legal challenge brought by the Government against the Covid inquiry over the disclosure of evidence may not take very long but would probably be “rather expensive”.

If the Government refuses to hand over all of Boris Johnson’s pandemic-related messages and diaries then it could seek a judicial review of the original request for the information to see if it was made in an appropriate manner.

Asked how long such a legal challenge could take, Lord Saville told the BBC Radio 4 Today programme: “It needn’t necessarily be slow but it probably would be rather expensive.”

He added: “If it was really urgent, no doubt the courts could organise themselves to hear it within a matter of days.”

Lord Saville said it was “entirely possible” that the row between the Government and the Covid inquiry will end up in the courts.

08:53 AM

Covid inquiry chair should decide what evidence she needs, says chair of Bloody Sunday inquiry

Lord Saville, who conducted the independent inquiry into Bloody Sunday, said it should be up to Covid inquiry chairwoman Baroness Hallett to decide what information is relevant to her review into the pandemic.

The Government is resisting a request to hand over all of Boris Johnson’s unredacted WhatsApp messages and diaries, arguing that it does not have a duty to disclose “unambiguously irrelevant” material.

But speaking to BBC Radio 4’s Today programme, Lord Saville, a crossbench peer, said: “Who is to decide what is relevant or not? In my view, prima facie at least, it is Lady Hallett.

“She is in charge of the inquiry, one of her duties is to do a thorough job and it is for her to decide whether something is relevant or not.

“If she looks at something and decides it is not relevant then there is no reason to publish it.”

08:36 AM

Protecting borders from illegal migrants a top priority, Sunak tells Europe

Rishi Sunak is attending a summit of the European Political Community in Moldova today. It is a group of nearly 50 countries featuring EU and non-EU member states from the Continent.

The Prime Minister is expected to tell his fellow European leaders that protecting borders against illegal migration must be Europe’s top priority.

Speaking ahead of the summit, the Prime Minister warned there was an “unprecedented” threat to the Continent’s borders from organised immigration crime, with a 64 per cent increase in migrant crossings into the EU in the past year.

He has also announced a new deal with Bulgaria to stamp out criminal gangs using the country as a route to smuggle migrants from Asia and the Middle East into Western Europe and the UK.

You can read the full story here.

08:17 AM

Government faces 4pm deadline for handing over Boris Johnson messages to Covid inquiry

The Government faces a deadline of 4pm today to either release Boris Johnson’s unredacted pandemic-related messages and notebooks to the Covid inquiry or face a legal dispute.

Mr Johnson said yesterday that all of the material had been handed over to the Government, and he urged the Cabinet Office to pass the contents on to Baroness Hallett’s official inquiry.

The Cabinet Office confirmed it had received the information from Mr Johnson but has continued its objection to releasing “unambiguously irrelevant” material.

If the Government digs in and refuses to release the information it has been asked for the matter will almost certainly end up in the courts.

08:10 AM

Tories demand Rishi Sunak scrap ‘morally wrong’ inheritance tax

More than 50 Conservative MPs are demanding that Rishi Sunak scrap the “morally wrong” inheritance tax.

The proportion of homes under threat from the levy has more than doubled since the Conservatives came to power, despite George Osborne, the former chancellor, pledging to abandon the death tax for all but the most wealthy in the run up to the 2010 election.

Instead, the threshold has been frozen since 2010 and almost 40 percent of homes sold in England and Wales last year were worth more than the basic allowance.

The levy is regarded as profoundly unfair as it penalises people who have saved money throughout their lives after paying tax on their income – and is punishing middle class families who want to help children or grandchildren to own homes.

The Telegraph is launching a campaign to scrap inheritance tax – a move which should be put at the heart of the Conservatives’ next election manifesto amid growing fears that Labour is plotting to target savings and assets to fund even higher levels of state spending.

You can read the full story here.

08:08 AM

Grant Shapps piles pressure on No10 to hand Boris Johnson's WhatsApps to Covid inquiry

Grant Shapps has piled the pressure on the Government to hand over Boris Johnson’s unredacted WhatsApp messages and diaries to the Covid inquiry.

The Energy Secretary said that if he was asked to provide evidence to the inquiry they could have “whatever they want”.

The comments to TalkTV appear to clash with the Government’s position of not wanting to hand everything over to the inquiry.

Asked if he would be happy to hand over all of his pandemic-related WhatsApp messages to the inquiry, should the inquiry ask for them, the Cabinet minister said: “Yeah, look, I think it is really straight forward, we have to let the inquiry get on with its job.

“There was no textbook for dealing with Covid, we were all trying to do our best under some extremely complex, difficult circumstances, the first pandemic in over a hundred years. So there is nothing to be shy or embarrassed about, we simply did the best job we could under the circumstances.”

Asked if he was saying that the inquiry could have what it wanted from him, Mr Shapps replied: “Whatever they want, yeah.”