MINISTERS today lost their legal battle to stop Boris Johnson's unredacted WhatsApp messages and diaries being handed to the Covid inquiry.
The Cabinet Office had been at loggerheads with inquiry chief Lady Hallet over whether she should access the "unambiguously irrelevant" texts.
In a ruling today, Lord Justice Dingemans sided with the inquiry, ordering ministers to pass the documents on.
Hugo Keith KC, acting for the investigation's chief Lady Hallet, argued the Cabinet Office deciding what is and isn't relevant "would emasculate this and future inquiries".
Lawyers for Boris – who wanted to give over the texts – insisted there was a "real danger" of undermining public confidence if Whitehall won.
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Following the ruling the Cabinet Office said it will "work together" with Lady Hallett to ensure the privacy of ministers, civil servants and special advisers is respected.
If personal or irrelevant information is contained in the materials it won't be shared with the wider inquiry team but rather handed back to government.
A government spokesperson said: “The Inquiry is an important step to learn lessons from the pandemic and the Government is cooperating in the spirit of candour and transparency.
“As this judgment acknowledges, our judicial review application was valid as it raised issues over the application of the Inquiries Act 2005 that have now been clarified.
"The Court's judgment is a sensible resolution and will mean that the Inquiry Chair is able to see the information she may deem relevant, but we can work together to have an arrangement that respects the privacy of individuals and ensures completely irrelevant information is returned and not retained.
“We will comply fully with this judgment and will now work with the Inquiry team on the practical arrangements.”
Officials previously argued the WhatsApps should be kept hidden because "important issues of principle" were "at stake".
They said allowing Lady Hallet to choose what counts as relevant material for her inquiry would affect the "rights of individuals and the proper conduct of government".
A government lawyer last month said: "Individuals, junior officials, current and former Ministers and departments should not be required to provide material that is irrelevant to the Inquiry’s work."
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Responding to the legal ruling, Deputy Labour 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.
“The public deserve answers, not more attempts by the Prime Minister to undermine the Covid Inquiry. There can be no more excuses for concealing the truth. It's time to hand over the evidence."
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