Given Boris Johnson’s
long-standing propensity neither to pay much attention to detail nor to think
through the consequences of any decision he takes, it was probably inevitable
that the remit
he himself gave to the Covid inquiry, and the decision
on who should lead it would come back to bite him on his backside. ‘Seat-of-the-pants’
government is rarely going to be consequence free, but a man who has talked, or
rather lied, his way out of every scrape he’s ever been in was hardly going to
start giving careful thought to the remit, the role, or the personnel involved
in the inquiry. The fact that he believed – and appears still to believe – that
his handling of Covid was an unqualified success would hardly have encouraged him
to do so either. It is a lack of care and attention which is now threatening a
situation where the government ends up taking
its own inquiry to court to avoid releasing documents. Or facing fines and
a jail term for refusing to hand over the documents which the inquiry says it
needs. Comic opera would be an overly kind description. It would make for an
interesting court case, although publicly-expressed legal opinion to date seems
to be near-unanimous that it’s a case which the government is destined to lose.
In principle, the demand that documents
which are ‘unambiguously irrelevant’ to the inquiry should not need to be
handed over is not entirely unreasonable, but the question which that raises is
about who
decides what is relevant or not, and on what basis, especially given the
current government’s record of hiding anything which might be embarrassing to
them. It’s doubtful that anyone would expect that all other aspects of
government should have come to a complete stop so that ministers would
concentrate 100% of their time and effort on dealing with the pandemic.
However, although discussions on policy in areas unrelated to Covid might
appear to be irrelevant in themselves, if a substantial proportion of
ministerial time was being diverted from dealing with the pandemic to trivial
issues of detail in other fields, for example, that could well have impeded the
proper handling of the pandemic, and the apparently irrelevant becomes relevant.
It would also give an insight into how seriously the government was taking the
threat. It’s a judgement which only the inquiry itself is in a position to make
– and one which, indeed, the inquiry must make. The extent to which government
paid the appropriate amount of attention to the pandemic goes to the heart of
what the inquiry was set up to determine. The fact that documentation is handed
over to the inquiry chair doesn’t necessarily mean that all of that
documentation must therefore become public; it’s perfectly possible for the two
sides to agree, after reviewing the evidence, which parts should be redacted or
omitted from any public reports, but allowing those who are being investigated
to determine what is or is not relevant would be a severe restriction on the
ability of the inquiry to reach a considered opinion. The government’s
unwillingness to engage in such a process raises the obvious question – what have
they got to hide?