Adam Wagner Profile picture
Jan 31 21 tweets 8 min read
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
Just to pause there: there is a reasonably possibility a criminal investigation is taking place into an event which took place in the Prime Minister's flat.
The 2nd point (b) which sets my lawyer's senses tingling is that Gray is keeping her investigation's documents securely *away from the government". This is a constitutional mess and a half and shows problem of using an internal report to do job of an independent investigation
Actually, I have reread this para and it is not as ambiguous as I thought it was "the events on the date set out above*. Obvious enough that the gathering in the Prime Minister's flat is being investigated by the police.
Read 5 tweets
Jan 28
Another possibility is that arrests have been or are about to be made, in which case "proceedings" have begun under the Contempt of Court Act?
I suppose we will see what the story is - I wouldn't assume a "cover up" but it is possible (a) that police have evidence of more serious offences than under coronavirus regulations, (b) they are being super cautious in the context of a sensitive politicised investigation
Read 8 tweets
Jan 28
I am not a criminal lawyer so perhaps I am missing something. How would a factual civil service report about events the police is investigating "prejudice" their investigation?
It is absolutely normal for concerns to be raised about prejudice to a criminal *trial*. That is due to a concern that the jury will be influenced by press coverage and not be sufficiently objective (so we have special rules about jury trials and press coverage).
But the police don't, as far as I am aware, ask journalists not to report on ongoing *investigations* and often media will report on the factual circumstances surrounding a police investigation, then clam up once a charge has been brought.
Read 12 tweets
Jan 27
I read articles like this and it feels like there is a genuine rewriting of history going on - *I* didn't turn social activity into a criminal offence, it was the government - the same government who told us every day the rules were not trivial, they were deadly serious... 1/3
... and the rules may have been inconsistent, or at times difficult to understand, and god knows I tried to help people with that, but 170,000+ people died and millions were infected with a potentially deadly virus. For anyone now to say, in a nakedly self-interested... 2/3
... attempt to build political cover, that this wasn't actually very serious, and it was trivial for those making the rules to also flagrantly and repeatedly breach them, and conceal those breaches, is an insult to the rule of law and obvious rewriting of history. 3/3
Read 4 tweets
Jan 26
The Equality and Human Rights Commission has changed its policy on trans rights - no longer supporting major changes to the Gender Recognition Act to de-medicalise the process. Says further research needed but does not explain what further research is needed to justify reform
Also does not explain on what evidential basis aside from “concerns” it has changed its position so significantly from its 2018 response to the GRA consultation.
Obviously it is correct that the debate around this issue is polarised but the EHRC should set out its full reasoning for this change in policy given its 2018 consultation response was itself detailed and evidenced equalityhumanrights.com/en/our-work/bl…
Read 4 tweets
Jan 26
The story is odd. They don’t accept that the slur the BBC initially reported with heard on the bus was not a slur, despite forensic analysis. Their explanation is circular, that CST confirmed by text their understanding, but surely they should go back to the original evidence?
… and decide whether it actually was a slur or not? Basic journalism, no?
Read 4 tweets

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