If the facts of this are accurate then I can't see how it could have been lawful
19 June 2020 - indoor gatherings of 2 or more were banned unless it fell within a list of exceptions. Birthday parties (or any social gatherings) were not an exception
The regulations had significantly changed by then from 20 May so that the "being out of the house without a reasonable excuse" ban had been replaced with staying overnight (legislation.gov.uk/uksi/2020/350/…) but the gatherings ban had been tightened to include indoor spaces
Just so you know I have popped out of my own birthday celebrations to look into this! If you fancy thanking me (-: please give a few £ to my @LawCentres fundraiser so at least some good will come of this mess justgiving.com/fundraising/ad…
If this was a a purely social event (which the cake and M&S food strongly suggest it was) then it can't have fallen within any of the list of exceptions to the strict gatherings rules. So everyone attending would have been liable for a £100 fixed penalty notice or prosecution
As to the event upstairs in the flat or in the garden - whether it breached the regulations would depend on the number of people (more than 6 outside or 1 inside) and where they were all family or linked households (which had been introduced by then)
It's actually more straightforward than the 20 May gathering as the gatherings rule didn't apply to private spaces then - so you have to rely on the "being outside the home without a reasonable excuse" rule which is a bit more nuanced and wouldn't apply to the PM. This would.
No. 10 admits "staff had "gathered briefly" to "wish the prime minister a happy birthday""... he was there "for less than 10 minutes'"
This appears a clear admission of an illegal gathering. Doesn't matter if it was 10 mins/10 hours
The No. 10 statement is very important - (1) it is the first time No. 10 has admitted *any* party took place, (2) it is the first time they have admitted the PM was at an (to me) obviously illegal gathering with no real prospect of a reasonable excuse. Ties the Met's hands too.
For anyone saying that this was a work gathering - it has to have been reasonably necessary for work for that to apply. I don't think even No. 10 are suggesting this was a work meeting. It appears to have been a pre-arranged indoor social gathering
It's an indoor social gathering - it lasted 30 mins and the PM apparently stayed for 10. Pre-arranged in a particular room and food was bought. It's obviously not within the rules and nobody from the govt at the time would have said for a moment it was
Remember: the question isn't whether it was a "party" it was whether it was an indoor gathering which didn't fall within any of the listed excuses. The only one which is even tangentially relevant is "reasonable necessary for work" - not even No. 10 are claiming it was.
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The thing is, the legal question wasn’t whether the gathering was work related, it was whether it was reasonably necessary for work. Practically any gathering at an office is “work related”, but that’s not the question
Before saying PM lied to Parliament remind yourself of what he said. Didn't say he thought event was reasonably necessary for work, said he believed implicitly it was a "work event" which has no relation to the legal test, and sounds carefully lawyered
Also didn't say:
- Whether he knew about the event beforehand
- Whether anyone had expressed reservations to him
- Whether he thought it was within the guidance/law
As I said, a careful statement prob written with a lawyer
The Covid Task Force "is responsible for coordinating the Government’s response to the pandemic" which, I assume, means coordinating the rules themselves (see committees.parliament.uk/publications/4…). Remember Cabinet Office was responsible for the regulations throughout
So, to recap, the person who appears to have been the lead civil servant responsible for the COVID Guidance and regulations was thrown an apparently rule breaking leaving party on 17 December, during Tier 3, which she has now apologised for.
And I bet there were others at that particular party whose responsibility it was to write the rules themselves. Extraordinary.
The details of this are quite something - and plainly they knew they were doing something wrong.
And now No 10 has apologised - clearly accepting this was a party, and that surely puts paid to any possibility of saying this was also "reasonably necessary for work"
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
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...
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…
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