Independent review of Scottish Government's use of mobile messaging apps and non-corporate technology

21. Appendix 7. The picture across the UK

21.1 England

New rules came into force in 2023^[86] prohibiting the use of webmail accounts and mobile messaging apps for sharing anything above government's lowest level of security classification.

This came after extensive scrutiny and controversy around mobile messaging communications during the C-19 Inquiry where evidence pointed to the widespread use of MMAs (particularly WhatsApp) by ministers and officials.

There was a 'Health 4 Nations' WhatsApp group administered by Matt Hancock (the then Health Secretary).

This was all extensively covered by the media.

BBC news reported that "Witness statements released during the High Court case revealed that since November 2020 Boris Johnson had been sent a summary of his "red box" – containing prime ministerial business to attend to – via WhatsApp"^[87]

21.2 Wales

Covid-19 Public Inquiry^[88] (Ms Gowman 27 Feb 24)

"Some of the most insightful evidence, my Lady, in Module 2 came from contemporaneous informal communications such as WhatsApp and text message. The Welsh Government claims to have disclosed all material within its possession. However, the disclosed material, we say, is belated and dubiously limited. Some in Welsh Government deny the use of informal communication for government business, but this does not ring true or bear scrutiny. Others claim that messages were simply deleted. This is questionable and contrary to the words of the First Minister's official spokesman who said to the press on 7 November 2023 that staff were regularly reminded of the need to maintain and retain robust records relating to decisions taken throughout the pandemic. The limited messages that have been disclosed clearly show WhatsApp and text messages used to discuss government business where they shouldn't have been. They show Welsh Government's senior special advisers suspiciously and systemically deleting communications. They show special advisers reminding themselves and others that they had agreed "to clear out WhatsApp chat once a week". They show Jane Runeckles, the most senior special adviser for the First Minister for Wales, and Vaughan Gething, Minister for Health, turning on disappearing messages. They show that despite asserting to the Senedd that he did not use WhatsApp, Mr Drakeford was regularly using WhatsApp to discuss policy, announcements and even to seek clarification on the rules."

Covid-19 Public Inquiry^[89] (Dame Shan Morgan 04 March 24)

Confirms policy adopted in 2020 that WhatsApp 'does not allow us to comply with our legal obligations: 'may not be used for Welsh Government business'

As policy owner at the time, she was not aware that ministers had WhatsApp enabled on their Senedd mobile phones (in breach of that policy).

Confirmed that WhatsApp was used to communicate with government colleagues (as permanent secretary she was in a group referred to as "the quintet" with director generals) but 'no decisions should be taken in relation to Welsh Government Business.'

FOI request in January 2024^[90] reaffirms the position that WhatsApp was 'not approved'.

21.3 Northern Ireland

Covid-19 Public Inquiry - Rt Hon Arlene Foster.

112. "To the best of my recollection, I was not a part of private or informal WhatsApp groups with core decision-makers in the UK Government. As stated above, while I do not believe I was part of any private or informal WhatsApp groups with UK Government Ministers or senior officials, I, in any event made it my practice to periodically delete all WhatsApp messages (not just those relating to the Covid-19 pandemic) while I was First Minister, and, when I left post, I deleted any remaining messages. I did this out of security concerns about holding information relevant to my work in government as First Minister on my mobile phone. There was no intention to conceal anything. If I was contacted via WhatsApp by relevant individuals, I cannot recall it, but if retained by the other party then the Inquiry may be able to access them from that source.

Evidence published^[91] showing WhatsApp being used."

Questions raised during the Inquiry regarding the nature and tone of communications by senior officials as well as 'missing messages' on the mobiles of ministers and officials.