Minister doubts Government will win challenge to investigation

A MINISTER has admitted that the Government is likely to lose its legal challenge against the Covid Inquiry.

The Cabinet Office has taken the inquiry to court in a bid to stop it having to submit WhatsApps that it deems to be “unambiguously irrelevant.”

George Freeman, the Science minister, appearing on BBC Question Time, insisted the decision to launch judicial review proceedings was not a “cynical waste of time” but admitted he thought the prospect of success unlikely.

“In the end, this is a judicial decision,” he said. “I think the courts will probably take the view that Baroness Hallett, who’s running the inquiry, is perfectly entitled and empowered to decide whatever she wants.

“I don’t think it is a cynical waste of time at all. The privacy point is relevant. I think it’ll clear up and give people confidence, even if all this achieves is to make very clear that the inquiry will treat with absolute confidentiality anything private and we can get on with it.

“It is important that the rules are made clear. I have little doubt the courts will find Baroness Hallett will decide what evidence she deems relevant.

“I think personally it’s quite likely that the courts will rule that Baroness Hallett will decide what evidence, but I think it’s a point worth testing.”

A former No 10 chief of staff said the Government was making a “bad mistake” by failing to comply with the inquiry’s request to hand over all unredacted information.

Lord Barwell, who served in Theresa May’s administration, told BBC Radio 4’s programme: “Some of the messages might be a bit embarrassing but, nonetheless, I think they’re making a bad mistake.

“It’s important that we get to the truth. And if we can’t see how the Government made the decisions it made, how it got to the point that it did, then people are not going to have confidence in the outcome of the inquiry.”

The Liberal Democrats have announced that they will table a humble address motion – a piece of parliamentary procedure used by opposition parties to force the Government’s hand – in the Commons next week calling for “all material” requested by the national virus probe to be released.

The inquiry said it would not be commenting on Mr Johnson’s letter or the judicial review until its preliminary hearing on Tuesday.