CABINET OFFICE LOSE JUDICIAL REVIEW AGAINST COVID INQUIRY REQUEST FOR DISCLOSURE
6TH JULY 2023
PRESS RELEASE – BY SCOTTISH COVID BEREAVED
CO/2012/2023 THE CABINET OFFICE -v- CHAIR OF THE UK COVID-19 INQUIRY – JUDICIAL REVIEW
CABINET OFFICE LOSES TO COVID INQUIRY
Statement by Aamer Anwar – Lead Solicitor acting on behalf of the Scottish Covid Bereaved at both the Scottish & UK Public Inquiries.
We welcome today’s judgement in favour of the UK Covid-19 Inquiry. This decision relates to the disclosure of relevant documents to the UK Inquiry, in particular the disclosure of WhatsApp messages, that we had sought disclosure of for all Scottish Ministers as well as that of Boris Johnson and others.
As far as our clients, ‘Scottish Covid Bereaved’, are concerned, the court’s decision has significant implications for the conduct of the Scottish Covid-19 Inquiry who were party to the proceedings, as it will allow it to effectively fulfil its search for the truth.
The ‘Scottish Covid Bereaved’ found it distressing that the Inquiries needed to defend their rightful demand for evidence from the Cabinet Office in court, but are glad they did.
The mantra repeatedly heard from the UK Government to each ‘grubby revelation’ was that we should await the outcome of the UK Inquiry – the families now know that was simply a ‘smokescreen’.
Despite an unequivocal request by Baroness Hallett, using her statutory power under Section 21 of the 2005 Act, for unredacted copies of a range of documents, consisting of WhatsApp messages, diaries and notebooks, that she considered to be potentially relevant, Cabinet Office took the view that it was permitted to redact what it judged to be “unambiguously irrelevant material” before they were provided to the Inquiry.
This request for the above materials by the Inquiry followed our submissions to the UK Covid-19 Public Inquiry Preliminary Hearing on the 1st March 2023 when we appeared for the ‘Scottish Covid Bereaved’. On the 28th February it was revealed that 100,000 WhatsApp messages of the former Health Secretary Matt Hancock containing over 2.3 million words were leaked by the Daily Telegraph.
As we stated to the Inquiry on the 1st March, if what is contained within those texts was correct, it showed that Ministers of the State at the highest level were making decisions on handling the pandemic via WhatsApp. The allegations were deeply horrifying and upsetting for the families we represent and if true meant that the lives of thousands were considered ‘expendable’.
It was clear from the leaks that the PM, former PM, cabinet ministers, Chief Medical Officers, Scientific Advisors, senior civil servants, newspaper editors, Dominic Cummings and even Tony Blair can be found engaging in the messages, as well as discussion of relations with the Scottish Government.
At the preliminary hearing on the 1st March, we submitted to Baroness Hallett that anything less than full disclosure by all Government Ministers, would be considered as an attack on the integrity of both the UK and Scottish Public Inquiries. These documents are regarded as of significance as they contain information that is potentially relevant to Module 2 of the Inquiry, which is investigating core political and administrative decision-making by the UK government during the pandemic. The Inquiry has requested potentially relevant WhatsApp materials from a large number of witnesses, including key decision-makers, senior civil servants and government advisers.
No individual, no matter how powerful can be allowed to interfere with the pursuit of truth, justice, and accountability by this Inquiry, those who lost their lives to Covid-19 deserve nothing less.
The families we represent welcome the unprecedented and robust response of the Chair to Cabinet Office and their failure to disclose all the material requested.
The Government should be answerable to the people, there must be no hiding place for those involved in decision making.
NOTE FOR EDITORS:
The approved judgment of Lord Justice Dingemans and Mr Justice Garnham in the judicial review proceedings brought by the Cabinet Office against the Chair of the UK Covid-19 Inquiry can be viewed at https://covid19.public-inquiry.uk/documents/approved-judgment-co20122023-the-cabinet-office-v-chair-of-the-uk-covid-19-inquiry/. Permission was granted, but the challenge was dismissed.
The Chair has directed, by way of Notice (https://covid19.public-inquiry.uk/documents/uk-covid-19-inquiry-notice-dated-6-july-2023/), that the Cabinet Office must comply with the terms of the s21 Notice by 4pm on Monday 10 July 2023. If the Cabinet Office wishes to make an application under s21(4) of the Inquiries Act 2005, they must also do so by 4pm on Monday 10 July 2023.
Failure to comply with the Section 21 Notice without reasonable excuse under section 35 of the Inquiries Act 2005 is a criminal offence, punishable on summary conviction with a fine not exceeding £1,000 and/or imprisonment for a maximum of 51 weeks.
