Covid 19 Inquiry: Judicial Review Debate

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Department: Cabinet Office

Covid 19 Inquiry: Judicial Review

William Wragg Excerpts
Monday 5th June 2023

(1 year, 5 months ago)

Commons Chamber
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Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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I call the Chairman of the Select Committee on Public Administration and Constitutional Affairs.

William Wragg Portrait Mr William Wragg (Hazel Grove) (Con)
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The problem is that if Government business is conducted by means of WhatsApp, public inquiries will express an interest in reading what was transacted. My right hon. Friend is well aware of what a statutory public inquiry is and how that is established under the Inquiries Act 2005. Indeed, he referenced section 21 of that Act, which makes it clear that it is for the inquiry chair to decide what is required. When he says that the question is about material that might be “unambiguously” irrelevant, surely it is for the chair to determine that. It was spurious nonsense to hear some Ministers witter on about personal information about their children being disclosed—that is not the case. Nor is it my understanding that any of this material will be subject to a freedom of information request. May I ask my right hon. Friend why, sadly, the Government have chosen this course of action?

Jeremy Quin Portrait Jeremy Quin
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I thank my hon. Friend, but in my recollection the Act refers to related material. However, we will not dwell on that as it is a matter for the courts.

I have some sympathy with my hon. Friend regarding WhatsApp messages. Such messages should not be used for taking policy decisions; those decisions should be taken formally and through the proper course. Any WhatsApp information presented will cover all manner of things between individuals and may well include illness, family or other personal issues. That is simply a statement of fact.

I think it is absolutely vital that we have guidance on this technical point. When other inquiries reported, we were perhaps in an era before a whole range of means of communication, including WhatsApp. I would point out to my hon. Friend that while WhatsApp has got the attention, the technical point of law applies to all manner of communications, not simply WhatsApp, about what is unambiguously irrelevant or what is relevant, and the process will determine that.