The law at the time. Note 7(2)(d)(i) and (3). No gatherings - defined as 2 or more present together in order to engage in any form of social interaction or activity with each other (even for 10 minutes). Includes wishing happy birthday and consuming cake.
“Reasonably necessary for work purposes” does not obviously include wishing happy birthday or eating cake.
Even on Downing Street’s own account it’s hard to see how this was not an offence.
Or how this claim by Johnson could be anything other than knowingly misleading Parliament.
And @NadineDorries’ quibbling over whether the gathering was a “party” is - legally - utterly irrelevant.
Respectfully agree with my learned friend. (And relieved that he takes the same view.)
As he says, the key point is that *on Number 10’s own account* it is hard to see how Johnson and others attending the gathering did not commit a criminal offence. In the Cabinet Room.
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But it’s also important to look at Johnson’s claim on 1.12.21. Regardless of what he knew/understood when he went into the garden on 20.5.20, is it credible that *after* that event, he still believed that guidance had been completely followed in No 10?
Is it also credible that - months after the party on the eve of Prince Philip’s funeral - he still knew so little about it (or other similar events) that he genuinely believed on 1.12.21 that “guidance was followed completely”?
Insisting that a serving Prime Minister should not knowingly mislead Parliament, and that if he has he must resign, is *defending* our democracy, not “undermining” or “belittling” it.
We do not elect our governments or MPs with carte blanche to do anything they like. That would be episodic autocracy. We elect them to operate within the rules of our constitution. Which is representative democracy.
And one of the few hard-edged conventions with hard-edged consequences in our constitutional arrangements is that if Ministers knowingly mislead Parliament, they resign.
Interesting analysis by @lewis_goodall last night on Newsnight on whether Johnson has lied to Parliament on Partygate.
One issue is whether he has lied in relation to what he knew/was told about the 20 May BYOB event before it happened. That will depend on evidence (written/oral).
Another issue - which Lewis correctly took separately - is whether this statement on 1.1.21 was a lie.
Which is why it doesn’t really matter (see the #r4today discussion with Heappy) whether Johnson knew what the event was before he arrived. He was there - on his own admission - for 25 minutes.
What we are being asked to believe is that Johnson could have been at a “work event” or party, with booze and people taking advantage of the lovely weather together, without realising that it breached rules and guidance (see @AdamWagner1’s explanation of what they were).
If anyone does manage to believe that, I’m impressed. Perhaps it’s something they practise at training sessions for Conservative candidates.
The central pillar of our system of parliamentary democracy is ministers’ accountability to Parliament. That pillar is built on sand if ministers - especially the PM - lie to Parliament without having to resign.
The interesting question is what happens politically if she says that the PM's behaviour raises questions outside the scope of her inquiry and recommends/suggests that he refers himself to Lord Geidt. As I read it, that recommendation/suggestion would be in scope.
(And in any event, the facts may well make it obvious that there are serious questions under the Code - as matters stand, it’s hard to see how there aren’t.)