Threat of inquiry into ministers’ use of private emails for official work, after MPs told it is allowed

Information Commissioner considers taking action – warning of public concern that records are being concealed

Boris Johnson faces the threat of an inquiry into ministers using private emails for official work, after the government suddenly said the practice is allowed – contradicting its own published rules.

A Cabinet Office minister provoked surprise by saying personal accounts are permitted, after leaked minutes suggested Matt Hancock and his deputy considered lucrative Covid contracts in that way.

The statement was made despite the justice secretary agreeing the use of private devices is a “huge security issue” – but hours after the prime minister refused to deny doing it himself.

Labour protested at an attempt to rewrite guidance, which states that all government information must be “accessible” by, for example, “copying it to a government email address”.

No 10 rebuffed calls for an inquiry into Mr Hancock’s actions before his weekend resignation – including the appointment of his friend and then lover, Gina Coladangelo, as a non-executive director at the health department.

But the Information Commissioner revealed she is weighing up an investigation, arguing there is genuine public concern that vital information is being concealed.

“It is an important principle of government transparency and accountability that official records are kept of key actions and decisions,” Elizabeth Denham said.

“I am looking carefully at the information that has come to light over the past few days and considering what further steps may be necessary to address the concerns raised with me.”

The warning came as Julia Lopez, the Cabinet Office minister, claimed ministers could use personal email accounts for government business – provided no classified information is transmitted.

“It’s important to understand government guidance is that official devices, email accounts and communications applications should be used for communicating classified information,” she told MPs.

“Other forms of electronic communication may be used in the course of conducting government business.”

Angela Rayner, Labour’s deputy leader, said the claim flew in the face of official guidance, on the Cabinet Office website, about the use of private emails.

Earlier, No 10 denied that Mr Hancock – or Lord Bethell, a health minister in the Lords – had used private accounts, despite documents obtained by The Sunday Times suggesting otherwise.

They revealed a top health department civil servant had warned that Mr Hancock “only” deals with his private office “via Gmail account” – and, extraordinarily, that he “does not have” an official email inbox.

Meanwhile, Lord Bethell, “routinely uses his personal inbox and the majority of [approvals for contracts] would have been initiated from this inbox”, the minutes said.

Mr Johnson’s spokesman claimed private accounts had been used only for “things like diary acceptances”, saying: “The rules for use of private email are set out clearly.

“Both the former health secretary and Lord Bethell understand the rules around personal email usage and only ever conducted government business through their departmental email addresses.”

Ms Rayner said an investigation was needed to establish “who is telling the truth”, also urging the government to refer itself to the Information Commissioner.

“We need a fully independent public inquiry to get to the bottom of ministers using their private email accounts to discuss and agree government contracts, which have resulted in taxpayers’ money being handed out to Tory donors and their friends,” she alleged.

Dominic Cummings, Mr Johnson’s former chief aide, ridiculed No 10’s statement as “nonsense”, tweeting: “I can prove it with screenshots from my phone”.

They included examples of Mr Hancock using WhatsApp to “discuss procurement issues” with Tory donors and with Downing Street officials, he claimed.

On the by-election campaign trail in Batley and Spen, the prime minister failed to deny using his personal email address to conduct official business, saying: “I don’t comment on how I conduct government business.”

He also suggested he had sacked Matt Hancock for breaking Covid rules on Saturday – despite, one day earlier, refusing to dismiss him and declaring the matter “closed”.

“I read the story on Friday and we’ve got a new health secretary in post on Saturday and I think that’s about the right pace to proceed in a pandemic,” he argued.

Within minutes, his spokesman acknowledged Mr Hancock had quit, saying: “The prime minister agreed with the former health secretary that he was right to tender his resignation.”

No 10 also made clear the former health secretary will not be investigated and confirmed he personally appointed Ms Coladangelo, while insisting “her appointment followed correct procedure”.

Meanwhile, the Commons Speaker launched a security review after the leak of CCTV that showed Mr Hancock kissing his aide brought about his downfall – leaving MPs shocked that he had been filmed.

Ministers insisted the ceiling-mounted camera in his Whitehall office was not “covert”, or replicated in other departmental offices – and Sajid Javid, the new health secretary, said it had been “disabled”.