A fight over Boris Johnson’s WhatsApps? The
dither and delay of Britain’s Covid inquiry is a disgrace
Simon
Jenkins
Tue 30 May
2023 17.03 BST
https://www.theguardian.com/commentisfree/2023/may/30/covid-inquiry-whatsapp-messages-boris-johnson
British
politics has become a medieval battlefield across which the victors wander,
seeking the twitching remains of Boris Johnson to harass and hack. The latest
spat is over how much to reveal of his Downing Street behaviour during Covid.
Lady Hallett, chair of the Covid inquiry, wants the unredacted WhatsApp
messages between Johnson and 40 senior colleagues, along with unredacted
diaries and 24 notebooks.
Hallett
thinks all material is potentially relevant for investigating, say, “the degree
of attention given to the emergence of Covid-19 in early 2020 by the then prime
minister”. The Cabinet Office strongly disagrees, citing privacy and disputing
the relevance of much of the material. The eager Liberal Democrats claim that
being kept in the dark is “yet another insult to bereaved families waiting for
justice”.
Hallett, a
former judge, has not even begun her inquiry and two considerations must arise.
The first is speed. Sweden’s inquiry into its own controversial Covid policy –
perhaps of more interest to Europe’s policymakers than Britain’s fumbling
approach – began work in 2020. Its interim report appeared in 2020, another in
2021 and a final version in early 2022, running to 1,700 pages. It was
excellent. Britain’s meandering venture now might end up in court over the
WhatsApp issue. The sense of lawyers finding work for each other is
overwhelming.
I have no
admiration for Johnson in government but his defenders do raise a point. His
argument and that of the Cabinet Office is simple, that a prime minister is
entitled to some privacy and there are conversations and communications that
should stay secret, at least in the short term, of which they are entitled to
be the judge. Government staff are not miked or recorded. We assume rooms and
corridors are not bugged. Crucial decisions are taken on the spur of the
moment, and those taking them must feel relaxed and free to challenge the
advice they get and give. They should not have to worry how their words will
look on the evening news or to a subsequent barrage of lawyers. Illegal Downing
Street parties have already been dealt with.
We would
all like to know what Johnson discussed with his closest aides, Dominic
Cummings and Eddie Lister. It is hard to believe it would be anything but
embarrassing. In the extreme case of Nixon’s Watergate tapes, revelations
indeed led to criminal charges. But exceptions don’t prove rules. The prospect
of complete openness at the top could lead to aides being sycophantic and
insincere, and civil servants feeling reluctant to give honest opinions. Leaders
will exclude from their counsels all but the most loyal courtiers.
Social
media have certainly muddied the water. While some physical papers must await
the 30-year rule or longer, a question mark clearly hovers over electronic
communication. The Cabinet Office has already given Hallett 55,000 documents
and 24 witness statements. Johnson says he has handed over 5,000 documents and
300 pages of emails. How much WhatsApp can the inquiry conceivably want, let
alone read and digest? Will this “Boris bashing” never end?
Anyone in
any high office must be able to communicate with friends and colleagues with a
degree of privacy. Perhaps they must remember never to take notes or record
anything that is readable, hackable or recoverable. But for the time being, the
effect of this dispute is more delay. If the lessons of Covid do not matter for
public policy, they can be left to historians. If they do matter, they matter
now.
Simon
Jenkins is a Guardian columnist
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