The legal crisis over Boris Johnson's WhatsApp messages and notebooks has deepened after the Cabinet Office said it doesn't have them - amid fears of a court showdown.
The Covid-19 Inquiry has demanded they are handed over, but this morning granted the Government more time to disclose the crucial documents.
Refusal is likely to result in an ugly legal battle - with a former civil service chief saying there appeared to be a "cover up" to protect the "embarrassment" of ministers.
Today the inqury said it has been told the Cabinet Office doesn't have the documents - sparking allegations of a "deliberate attempt to delay the inquiry".
Baroness Heather Hallett, who is heading the probe, had originally set a deadline of 4pm to disclose the messages, but this has been extended to Thursday.
Downing Street says that some of the messages are "unambiguously irrelevant" to the inquiry, and Rishi Sunak declined to say whether they would be handed over.
Tonight, the Cabinet Office insisted the inquiry "does not have the power to request unambiguously irrelevant information that is beyond the scope of this investigation" such as personal WhatsApp messages.
The spat started when Baroness Hallett issued an order under section 21 of the Inquiries Act 2005 - making it a criminal offence not to comply.
But the Cabinet Office may challenge the order, setting up a court showdown between the inquiry chief and the Government.
Mr Johnson has insisted he does not object to disclosing his evidence, with a spokesman for the former PM saying: "The decision to challenge the inquiry's position on redactions is for the Cabinet Office."
Downing Street has suggested there is nothing to stop Mr Johnson handing his personal evidence directly to the inquiry.
TUC Assistant General Secretary Kate Bell said:“The Conservative government is refusing to properly cooperate on the Covid public inquiry.
“It's an insult to working people up and down the country – including the millions of key workers that put their lives on the line during the pandemic.
"The government’s failure to hand over key documents in a timely manner is either a deliberate attempt to delay the inquiry or sheer incompetence.“
Earlier today Mr Sunak said: "I think it's really important that we learn the lessons of Covid and that's why the inquiry was established.
"We want to make sure that whatever lessons there are to be learned are learned and we do that in a spirit of transparency and candour."
He said "tens of thousands" of documents had been handed over, but refused to comment on whether the Government is set for a legal battle.
He added: "With regard to the specific question at the moment, the Government is carefully considering its position but it is confident in the approach that it's taking."
Baroness Hallett has said it is her job to decide what is relevant and what isn't.
The PM's official spokesman added that messages are not routinely stored, stating: "We do not permanently store or record every WhatsApp.
"The substantive and relative content, including decision making, is copied across to the official record in appropriate format for preservation. We wouldn't, as is standard, retain irrelevant material. There's no requirement to record every single communication for the public record."
Labour MP Justin Madders posted on Twitter: "This delay and obfuscation is a disgrace, an insult to everyone who wants to hear the full truth about the Government’s response to the pandemic- and the fact that taxpayers are funding this legal shenanigans is just rubbing salt into the wound."
The row was sparked by a legal request sent by the inquiry on April 28 for a number of materials, including unredacted WhatsApp messages and diaries belonging to the former prime minister between January 2020 and February 2022.
Former head of the Civil Service Lord Kerslake told BBC Radio 4's Today programme: "There's some cover-up going on here to save embarrassment of ministers. But there's also the Cabinet Office fighting for a principle of confidentiality.
"I have to say I think they're misguided on this situation. I actually think it would set a helpful precedent if Lady Hallett prevailed in this fight about the information.
"We are in a bit of a mess at the moment, we don't really know whether WhatsApp's been used as a decision-making tool or, indeed, as just an information-sharing device."
A Cabinet Office spokesperson said: "We are fully committed to our obligations to the Covid-19 Inquiry. As such, the Cabinet Office alone has already provided upwards of 55,000 documents, 24 personal witness statements, eight corporate statements and extensive time and effort has gone into assisting the Inquiry fulsomely over the last 11 months.
“However, we are firmly of the view that the Inquiry does not have the power to request unambiguously irrelevant information that is beyond the scope of this investigation. This includes the Whatsapp messages of Government employees’ which are not about work but instead are entirely personal and relate to their private lives.”
