Page:Fifth Report - Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson).pdf/69



Gathering on 20 May 2020
1. We conclude that, on the basis of the evidence we have received, some senior No. 10 officials were concerned about the social nature of the 20 May 2020 gathering and were reluctant for it to go ahead. It is not clear whether those concerns were raised with Mr Johnson at the time. The social nature of the gathering was indicated by the high number of people invited, with some attendees from outside No. 10 as well as Mr Johnson’s wife (who we consider it is obvious cannot be described as an “absolutely necessary participant”), and the installation in the garden of trestle tables with alcohol available. There is evidence that the number of people in attendance increased during the time that Mr Johnson was at the gathering. (Paragraph 36)

2. We note that for the gathering to have been compliant with the Rules, it would have had to have been “essential” for work purposes. We do not consider that a social gathering held purely for the purpose of improving staff morale can be regarded as having been essential for work purposes. Moreover, as we set out in further detail below, we do not believe Mr Johnson would have advised the public that this was the case had he been asked this at the time. (Paragraph 37)

Gathering on 19 June 2020
3. We conclude that there is evidence that the gathering in the Cabinet Room to celebrate Mr Johnson’s birthday on 19 June 2020 was attended by at least 17 people other than Mr Johnson, including by individuals who were not his work colleagues, and that it was not socially distanced. We note that Mr Johnson did not explain why he believed the event was “reasonably necessary for work purposes” other than to say that it took place immediately before a work meeting, and that “it seemed to me […] perfectly proper” for officials to be “asked to come and wish me a happy birthday” which we do not regard as convincing. Mr Johnson was also unable to explain why he considered his wife and interior designer “absolutely necessary participants” in a work-related meeting. His assertion that the Prime Minister’s family are entitled to use every part of the building does not constitute an explanation. We note that the Metropolitan Police issued Mr Johnson a Fixed Penalty Notice in connection with this event. Mr Johnson accepts that his attendance was unlawful but states that he is not clear precisely how he committed an offence. We note that he had the right in law to decline to accept the FPN if he had wished to assert he had committed no offence, but that he chose not to do so. (Paragraph 48)

Gathering on 13 November 2020
4. We note that organisations across the UK were suffering severe staff morale pressures during the Covid pandemic; we do not consider that this in itself provided a licence for Mr Johnson’s conveniently flexible interpretation of the Rules on gatherings, or the Guidance on social distancing. We note that Mr Johnson equivocated when asked whether he would have condoned gatherings for this purpose in other organisations. In view of Mr Johnson’s repeated exhortations to the public to follow