Adam Wagner Profile picture
Jan 31, 2022 21 tweets 8 min read Read on X
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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More from @AdamWagner1

Jan 31
The Divisional Court has ruled that the Government acted unlawfully and irrationally when deciding not to implement the full funding recommendation in Lord Bellamy’s Criminal Legal Aid Review.

I had the rare honour of acting for my professional colleagues, Criminal Law Solicitors Association (@CrimeSolicitors) and the London Criminal Courts Solicitors Association (@lccsa), the Interested Parties in the case. Their press release is below.Image
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The Claimant @TheLawSociety was superbly represented by Tom de la Mare KC @thebrieftweet, Gayatri Sarathy and Emmeline Plews of @BlackstoneChbrs, instructed by John Halford of Bindmans LLP Gayatri Sarathy and Emmeline Plews of Blackstone Chambers, instructed by John Halford of @BindmansLLP.

The amount of work which went into putting the case together and presenting the oral arguments, and standing up for the rule of law, was extraordinary - a credit to the profession.
Together with the Law Society, the CLSA and the LCCSA provided the Court with a large number of witness statements from solicitors up and down the country, at every level of seniority, describing the relentless, physically demanding and emotionally draining nature of criminal defence work and the chronic underfunding which has led to a crisis in the retention of solicitors who are leaving in their droves for better pay and conditions that can be found elsewhere.

The Government response to the Criminal Legal Aid Review utterly failed to grasp the extent of the crisis. Despite the review recommending a 15% increase to solicitors fees as “no more than a minimum starting point”, it increased fees by only 9% with a further 2% promised this year.

The ruling today confirms that the Government response to the review was so flawed as to be unlawful and irrational.

In today’s ruling Lord Justice Singh and Mr Justice Jay described the evidence we submitted from our members alongside the Law Society as “a mass of convergent evidence from honest, professional people working up and down the country”, which is “cogent”, “impressive” and “compelling”, and which “brings home [that] women and men working up and down the country at all hours of the day and night, in difficult and stressful circumstances, carrying out an essential service which depends to a large extent on their goodwill and sense of public duty”.
Read 8 tweets
Dec 6, 2023
“When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’ Image
Notwithstadingy clause Image
Read 12 tweets
Nov 15, 2023
Some very public-facing comments by Lord Reed in the opening of his summary of the judgment:

- Policy is not that the UK will process asylum claims whilst people are in Rwanda, Rwanda will process them (despite the former often being claimed)
- The non-refoulement principle is contained in a number of treaties not just the European Convention on Human Rights and Human Rights Act
Prediction is a mug's game but if I were giving a public judgment rejecting the government's appeal this is how I would begin it!
This is a beautifully clear summary of the relevant legal principles. A model of its form - plain English, focussed on the public
Read 10 tweets
Jul 27, 2023
The Home Secretary acted unlawfully by accommodating, since December 2021, thousands of unaccompanied child asylum seekers in hotels. Kent Council also acted unlawfully in passing on responsibility for them.

https://t.co/sFYZqVHJogjudiciary.uk/wp-content/upl…
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A judgment suffused with humanity, legal rigour and common sense from Mr Justice Chamberlain, starting from changing the parties' preferred acronym to emphasise the human element.

Judgment:
Summary: https://t.co/cMXxZJdw4a https://t.co/bGdb6svfNSjudiciary.uk/wp-content/upl…
judiciary.uk/wp-content/upl…
Image
The first paragraph is great too - is Martin Chamberlain the unlikely inheritor to Lady Hale? Simple language, child rights focussed, legally spot on Image
Read 8 tweets
Jun 29, 2023
The House of Commons Privileges Committee has reported on the conduct of MPs who impugned 'the integrity of that Committee and its members' and attempted 'to lobby or intimidate those members or to encourage others to do so'

Implies that the members are in contempt and asks… https://t.co/P9WRXWMOOPtwitter.com/i/web/status/1…






This is the suggestion of contempt based on Erskine May (the Parliamentary procedure bible) - which I think is quite convincing. The comments of members about the Privileges Committee being essentially corrupted were very arguably over the line
One point which I think was striking about the MPs who criticised the report is none of them seemed to point to any particular finding they disagreed with. They just went for the committee and the individuals on it.
Read 5 tweets
Jun 15, 2023
Here is is the full Privileges Committee report
committees.parliament.uk/publications/4…
Clean sweep - not sure what else they could have found against him Image
The Committee really aren't messing around. Image
Read 10 tweets

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