THE government confirmed today it will fight a legal battle over the Covid inquiry’s demand to release Boris Johnson’s unredacted WhatsApp messages, diaries and personal notebooks.

The Cabinet Office said it was seeking a judicial review of inquiry chairwoman Baroness Hallett’s order to release the documents, arguing that it should not have to hand over material which is “unambiguously irrelevant.”

In a letter to the inquiry, released after a 4pm deadline to hand over the material, the Cabinet Office said it had provided “as much relevant information as possible, and as quickly as possible” in line with the order.

But the letter said: “The Cabinet Office has today sought leave to bring a judicial review. 

“We do so with regret and with an assurance that we will continue to co-operate fully with the inquiry before, during and after the jurisdictional issue in question is determined by the courts, specifically whether the inquiry has the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work, including personal communications and matters unconnected to the government’s handling of Covid.”

Whitehall officials are concerned about the wider precedent that will be set by handing over swathes of unredacted WhatsApp conversations, with fears that the inquiry will seek similar levels of disclosure from other senior figures including PM Rishi Sunak himself.

Baroness Hallett issued her demand for the material under Section 21 of the Inquiries Act 2005, and failure to comply could lead to prosecution and a potential fine or jail term for an individual found guilty of the offence.

TUC assistant general secretary Kate Bell said: “Ministers cannot be the judge and jury over what is disclosed to the inquiry. That’s up to the independent chair to decide.

“The fact the Prime Minister is prepared to spend taxpayers’ money to try and block the handover of evidence is deeply worrying.

“Covid impacted every worker and every community in this country. The very least we deserve is transparency from our decision-makers.

“They mustn’t be allowed to hide from scrutiny.”