I think this is a fair point. Sue Gray is not independent in any sense would stand up legally e.g. if an independent inquiry was required for human rights legal purposes. Not questioning her integrity but this is best though of as an internal not independent inquiry
Sue Gray is in a very difficult position. Previously eg with the Damian Green inquiry she was investigating an MP. Here she is investigating her direct boss (Simon Case) and his boss (Boris Johnston) amongst others including I assume her senior colleagues. It’s almost impossible
One thing that hasn’t really been focused on but is important is that Simon Case was also said to be independent but turned out, not by his own admission, had held his own gathering - and remember just as that was revealed ministers were suggesting he was about to exonerate
There may well be value in the ultimate report but it won’t be properly independent. I have met a lot of senior civil servants in my work and they do have high levels of integrity but there is also an element of Sir Humphreyness
The other difficulty for Gray is that she is not a lawyer but is having to decide whether there is evidence of a criminal offence, in the context of quite difficult and novel Covid laws such that it will be provided to the police. How will she manage that? Ask govt lawyers?

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More from @AdamWagner1

13 Jan
This was during Step 2 when it was unlawful to hold gatherings indoors of 2+ people or outdoors with more than 6 unless "reasonably necessary for work"

As I have said a few times recently, boozy parties were probably not reasonable necessary for work

legislation.gov.uk/uksi/2021/364/… ImageImage
There was also a £10,000 fixed penalty notice for people organising unlawful gatherings in a private dwelling. If the garden of 10 Downing Street is the garden attached to private dwellings (as the PM has said) then organisers might be in line for a big fine... ImageImage
The government's own guidance during this period for offices was extremely strict. It is impossible that a boozy indoor (or outdoor) leaving party could fit within it.
web.archive.org/web/2021040616… ImageImageImageImage
Read 7 tweets
12 Jan
The Johnson apology was carefully worded and obviously lawyered. He said that he attended because he "believed implicitly that this was a work event", that "with hindsight" he should have sent everyone back inside, and "technically" it could be said to fall within the guidance.
The apology - when read carefully - was to the millions of people who "wouldn’t see it in that way", but because he also said technically it could be said to fall within the guidance he is implicitly saying the millions of people are wrong in their interpretation.
This was only what *he* thought the event was. He "went into the garden to thank groups of staff for 25 minutes [he] believed implicitly this was a work event". So defence is a personal one only and leaves open the possibility the event was something else without him realising
Read 13 tweets
10 Jan
This looks unlikely to be legal for attendees. Being outside the home was illegal at the time unless (the only potentially relevant exception) it was for the need to work. “Socially distanced drinks” / “BYOB” don’t sound like work.
This is more detail on the legal aspects. Sounds like a big party not work. Extraordinary really and so brazen. The PM wouldn’t be breaking that law as he was in his own garden but perhaps could be an accessory to everyone else’s breach of regulations
It’s called “drinks”! Honestly, what did they think they were doing? Why did the PM attend and obviously problematic event?
Read 7 tweets
8 Jan
This sounds very concerning. On 20 May 2020 the UK was still in lockdown. As the article says, the "bring your own bottle" request, as well as officials replying it was a bad idea, suggests it wasn't necessary for work.
"long tables laden with drink, crisps, sausage roles..."
The law at the time was "no person may leave or be outside of the place where they are living without reasonable excuse". This included "the need to work". However, if an activity was not necessary for work that wouldn't be a reasonable excuse to be out.
legislation.gov.uk/uksi/2020/350/…
This is I assumed the gathering referred to in @Dominic2306's recent blog, which I assume prompted the ST investigation
Read 16 tweets
7 Jan
I will let others explain the exact procedure but there is a basic issue which will be becoming clear to ministers - a jury verdict sets no precedent, so the law is as it was, but a Court of Appeal decision would set an important precedent, which may not be the one the govt wants
Throughout yesterday people including government ministers were talking as if the Colston verdict set a precedent, which in legal terms is wrong. The irony of wanting to "do something" about it is that the "something" may cause an actual precedent to be set
One other point: on maybe the most important point in the case, whether "lawful excuse" element of the offence can include reference to the human rights concept of proportionality, this will ultimately be decided regardless of the Colston case as there will be other cases...
Read 7 tweets
6 Jan
It is being widely assumed (by critics) that the jury in Bristol acquitted inspite of the very clear law. We don't know why the jury acquitted but my understanding of the defences considered by the jury is it is entirely possible they acquitted because defendants had a defence Image
Which means this wasn't necessarily a jury just deciding that they didn't fancy applying the law, but rather a jury applying the law on the basis of the evidence they (and nobody else not in the court room) heard. The opposite of perverse.
Read 4 tweets

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