Dominic Cummings could be forced to appear before a parliamentary inquiry into fake news, after a minister accepted that the government’s reasons for keeping him away were invalid.

Boris Johnson’s senior adviser was invited to give evidence to the House of Commons Sub-Committee on Disinformation earlier this year to discuss his work on the Vote Leave campaign, but MPs received a reply to say that he could not appear in a private capacity as he was now a temporary civil servant.

But in a second letter to the committee, constitution minister Kevin Foster has now admitted that his original refusal “contained statements that were not in accordance with the government’s approach to the appearance of civil servants at select committees”.

Mr Foster said it was for the Mr Cummings to decide whether he wanted to give evidence.

But the minister said that the government regarded it as “vital” for the work of parliament for committees to receive “full and accurate evidence” from the witnesses they call.

He stressed that the PM’s aide would not be allowed to give evidence about his work as Mr Johnson’s special adviser.

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Mr Cummings was found in contempt of parliament earlier this year after refusing to appear before the Commons Digital, Culture, Media and Sport Committee’s inquiry into fake news and disinformation.

The new sub-committee was formed as an offshoot from the committee, under the chairmanship of Damian Collins, to continue an inquiry into the problem of disinformation.

Mr Cummings was invited to answer questions left outstanding by his failure to attend the original inquiry. He was expected to be grilled about Vote Leave’s use of targeted ads on social media during the 2016 EU referendum campaign.

In his new letter, Mr Foster wrote: “The government believes the powers and privileges of the houses of parliament are necessary to enable parliament to function freely and fully. It is vital to the work of select committees that they are able to obtain full and accurate evidence from witnesses as part of their inquiries.

“My letter did not make the distinction clear between an individual appearing in their personal capacity and someone appearing as a civil servant and appeared to assert a civil servant could not appear in a private capacity.