Adam Wagner Profile picture
Barrister @DoughtyStreet. Chair @EachOtherUK. Visiting Prof @GoldsmithsUoL. Author #EmergencyState. Views my own not of Doughty Street Chambers.

Jan 31, 2022, 21 tweets

Sue Gray "update" report published assets.publishing.service.gov.uk/government/upl…

Damning - but only in the generality. No detail of any particular event.

The most important new information in the report is that the police are investigating all of the gatherings she was investigating except four

So this confirms that the police are investigating the Prime Minister's birthday gathering, the event he attended on 20 May 2020 in the Downing St garden, but not the Christmas Quiz which the PM compered

Here are my takeaways from this:
1. It's not a full report - an "update". Think of it as interim findings. She accepts not "meaningful"
2. Exposes tension between this being an internal report and also of constitutional significance - she is going to lock it away from the govt!

3. She is "extremely limited" by the police investigation and cannot provide a "meaningful report".

4. Only 4 of the 16 events she was investigating are *not* being investigated by the Metropolitan Police. This is the most significant new information. Remember, the Met's threshold for investigating was very high (telegraph.co.uk/news/2022/01/2…)

5. The key (perhaps only) defence of the government will have been that these were unique circumstances, people working incredibly hard, practically living together etc. Sue Gray has dismissed that handily

6. The "general findings" section of the report is very short, basically a page long. Don't forget this is an interim not final report.

But they are damning and offer no mitigation

6a. "Difficult to justify" is the only line in the report where a punch appears to have been pulled and that could be more about avoiding language which could suggest a criminal offence has been committed - such as "impossible to justify", as that would infer no reasonable excuse

She said she has "not made comment on whether individual gatherings were in line with the relevant guidance and regulations in place at the time" as it would not be "appropriate". Her lawyer (Daniel Stilitz QC) will have helped her avoid using criminal liability language

6b "At least some of the gatherings... represent a serious failure to observe not just the high standards expected of those working at heart of Govt but also of the standards expected of the entire British population at the time."
Again, avoiding language of rules and guidance

6c "failures of leadership and judgment by different parts of No. 10 and the Cabinet Office at different times".

Again, vague - neither exonerates or directly accuses anyone

"too little thought", "appropriateness" - careful language

6d One fact which Sue Gray has found - and has therefore snuck out of the general vagueness - is that there was "excessive" consumption of alcohol in the workplace.

6e. Another factual finding which has snuck out of the no-factual-findings report is that the Downing Street garden was "used for gatherings without authorisation or oversight". Nb. this is the garden of the building where the Prime Minister lives!

6f. Another damning factual finding -
"Some staff wanted to raise concerns about behaviours they witnessed at work but at times felt unable to do so"

What does this mean? Who/when/why?
Extraordinary that this information will not be shared with government yet!

6g. In other words, 10 Downing Street is a mess in terms of leadership, responsibility and accountability.

7. Sue Gray's interim conclusions are again damning - and barely conceal her obvious conclusion that the gatherings didn't comply with the rules

"a number of these gatherings should not have been allowed to take place or to develop in the way that they did."

8. Ultimately, this is an odd report as it is not doing the job which Gray was set - see terms of reference. But it is obvious that Gray has decided to say as much as she possibly can now (which has to be vague on particular events and breaches of rules) assets.publishing.service.gov.uk/government/upl…

9. The tone of the report is - for a civil service report - angry and dismayed. Aside from the one phrase I mentioned above, there is little vague or Sir Humphrey-esque language, it is clear and damning for the officials and government.

10. To my lawyer's ears, the two most interesting "next steps" point are (a) knowing which gatherings are being investigated by the police - 12! - including I think 3 attended by the PM, possibly one in his own flat!

I have highlighted the gatherings *not* being investigated*

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