The information commissioner has begun an investigation into the Cabinet Office over its failure to disclose WhatsApp messages between Boris Johnson and a Conservative donor about the refurbishment of his Downing Street flat.
The Cabinet Office claimed the messages did not exist, months before an official investigation concluded that there was private correspondence between the prime minister and Lord Brownlow of Shurlock Row.
The Times submitted a freedom of information (FoI) request to the department for the release of all WhatsApp messages between Johnson and the Tory donor regarding work on the flat.
The Cabinet Office claimed that no such messages had been found following “searches of our records”. However, a report by the Electoral Commission released yesterday confirmed that Johnson had indeed sent a WhatsApp message to Brownlow in November last year asking for more money for his refurbishment. In total the Tory peer gave more than £112,000 towards the flat makeover, which Johnson later paid back.
No 10 insisted today that the FoI request had been handled correctly and that the government did not have to keep a record of Johnson’s “trivial” WhatsApp messages.
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The prime minister’s official spokesman said: “It’s simply the case that informal, trivial or ephemeral communication, you would not expect detailed record to be passed on to private office in those circumstances. Where there’s decision making or substantial decisions made you would expect ministers to make sure that relevant information was passed on to their private office.”
However, the information commissioner’s office (ICO), which has the power to investigate departments that fail to comply with freedom of information requests, announced the investigation.
An ICO spokesman said: “We’ve received a complaint regarding the Cabinet Office’s response to a freedom of information request around the renovation of the Downing Street flat, and will be making enquiries.”
A report into the refurbishment of the Downing Street flat by Lord Geidt, the prime minister’s independent adviser on ministerial advisers, cleared Johnson of wrongdoing this year after concluding that he had been unaware that Brownlow had been funding the renovation. The Times has been told Geidt did not know about the WhatsApp exchanges when he wrote his report.
No 10 has refused to release the messages. The prime minister’s official spokesman said: “The prime minister is acting in accordance with the rules and you’ve got Lord Geidt’s report.”
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Angela Rayner, Labour’s deputy leader, has written to Alex Chisholm, the permanent secretary at the Cabinet Office, and Paul Arnold, the accounting officer for the information commissioner, demanding an explanation.
“It would seem that the response to the FoI was false or information was missing so the official reached a misleading conclusion,” she said. “Freedom of information and transparency are crucial pinnacles of our democracy, ensuring public confidence in those who represent them. This case raises serious questions about the government’s respect for the FoI system and must be properly investigated.”
The information commissioner has power to investigate departments which fail to comply with freedom of information requests. John Edwards will take up the role on January 3, replacing Elizabeth Denham.
Edwards has previously said people should “entrust” government departments to release information and accused some members of the public were “abusing” the Freedom of Information Act.
The Cabinet Office was approached for comment.
