Covid enquiry / Judicial Review – city lawyer critical of Baroness Hallett

Commenting on the government’s judicial review of their own covid enquiry, Jonathan Compton, a partner at city law firm DMH Stallard, said:

“My own view is that this argument could have been avoided.

“There is ample precedent here. The inquiries set up in the wake of the Falklands War and the failures in intelligence leading up to the war in Iraq (GW2) asked the civil servants dealing with the disclosure to certify that all relevant documentation had been disclosed.

“However, it seems the parties to the current dispute have dug themselves into position.

“I think the powers given to an Inquiry under Section 21 are broad enough to support Hallett’s position in law.

“The government may be forced to give up all the papers, relevant or not. But I criticise Hallett for getting into this position.

“First, there is precedent for this situation.

“Second, high officials must have some form of privacy.

“Third and perhaps most importantly, there must be freedom at the heart of government – more so in an emergency- for high officials to think and consider the offensive, the callous and the unthinkable, if only then to dismiss these ideas.

“Finally, implicit in Hallett’s position is that civil servants at the heart of government cannot and should not be trusted to certify what is and what is not manifestly irrelevant.

“The system of government in this country rests on the civil service. To attack (albeit implicitly) their integrity is not helpful.”