The government has demanded the Covid inquiry hands back some of the evidence it submitted, openDemocracy has learnt.
A note from the inquiry confirms it has received all the materials required by the Section 21 notice it issued to the Cabinet Office in April, meaning it is finally in possession of Boris Johnson’s unredacted WhatsApp messages from before May 2021. But the note also states the government department has “made a further s21(4) application, which is being considered”.
Under the Inquiries Act, a Section 21(4) notice covers “two reasons for which a person might refuse to comply” with handing over evidence: if they do not possess it, or if they believe it is unreasonable to hand evidence over. The same legal process was used by the government when it tried and failed to block the inquiry getting hold of Johnson’s WhatsApp messages and diaries.