Sue Gray’s report: What exactly is she looking at?on January 21, 2022 at 9:32 am

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The senior civil servant is leading the investigation into parties at Downing Street.

Boris Johnson

Image source, Getty Images

A series of parties allegedly held in Downing Street and other government departments during Covid restrictions are being investigated by senior civil servant Sue Gray.

Prime Minister Boris Johnson says the report will be published next week, but what exactly is Ms Gray looking at and what powers does she have?

Who is Sue Gray?

Ms Gray is currently second permanent secretary at the Cabinet Office, reporting to the UK’s most senior civil servant, Simon Case. A civil servant is someone who helps the government carry out its policies.

Ms Gray’s past experience includes an investigation of senior government minister Damian Green in 2017, which prompted his resignation.

What is Sue Gray investigating?

According to media reports, 16 gatherings allegedly took place in either Downing Street – where the prime minister lives and works – or other government departments during the Covid pandemic.

There was a Downing Street garden drinks event on 20 May 2020, where Mr Johnson said he stayed for 25 minutes to thank staff for their work.

This was despite legal restrictions and guidelines being in place to limit the spread of coronavirus.

What sort of investigation is it?

Ms Gray has been asked to look at the nature and purpose of the gatherings, including who went to them “with reference to adherence to the guidance in place at the time”.

It is an internal investigation rather than an independent inquiry. It was ordered by Mr Johnson, he set the terms of reference and Ms Gray – who is required to be impartial – will report back to him.

The investigation team has been able to speak to current and former members of staff. For example, the BBC has been told the PM’s former adviser Dominic Cummings was approached by Ms Gray’s team.

The results of the investigation will be made public, according to Paymaster General Michael Ellis. But it has been suggested that this will be a summary of the findings rather than a fuller report.

Sue Gray

Image source, PA Media

Will the investigation say whether the PM and others broke Covid rules?

Ms Gray’s report is expected to give a factual account of what happened with reference to the guidance – this does not necessarily mean that she will say whether there have been breaches of it.

The terms of reference do not suggest that Ms Gray will decide whether laws have been broken. Also legal commentator David Allen Green points out: “[Ms] Gray cannot make a determination as to whether there is criminal liability, as she is not a court.”

There have been both legal restrictions and guidance in place to tackle the spread of the disease.

However, even the status of the guidance can be complicated – much was written down in a series of online pages, but the government also held a series of press conferences which advised people how to behave.

When it comes to the PM, Ms Gray may “touch on the role of the prime minister but it isn’t [her] place to judge his behaviour”, says Catherine Haddon, of the Institute for Government think tank.

Timeline: The alleged government gatherings

The government is facing mounting pressure over several events that are alleged to have been held during lockdowns. Here is what we know about them and the restrictions in place at the time:

10 May 2020

Boris Johnson announced a plan to take the “first careful steps” out of the lockdown that began in March 2020. But he said people should continue to “obey the rules on social distancing and to enforce those rules we will increase the fines for the small minority who break them”.

Legal restrictions at the time said you could not leave your house without a reasonable excuse and government guidance was that you could meet one person outside of your household in an outdoor setting while exercising.

15 May 2020

A photo from May 2020 showed the prime minister and his staff with bottles of wine and a cheeseboard in the Downing Street garden. When asked about it, Boris Johnson said, “those people were at work talking about work”.

20 May 2020

About 100 people were invited by email to “socially distanced drinks in the No 10 garden” on behalf of the prime minister’s principal private secretary, Martin Reynolds.

Witnesses told the BBC the PM and his wife were among about 30 people who attended.

Boris Johnson has confirmed he attended the event, saying he was there for 25 minutes and “believed implicitly that this was a work event”.

17 July 2020

Boris Johnson announced plans for a “significant return to normality” in England by Christmas “through targeted, local action” instead of national lockdowns.

But he added that the timetable relied on “every one of us staying alert and acting responsibly”.

5 November 2020

With cases of coronavirus rising again, the prime minister told people in England that “we are once again asking you to stay at home” as a new national lockdown began.

He said people should only leave their homes “for work if you can’t work from home, for education, and for essential activities and emergencies”. Indoor gatherings with other households were banned, unless they were for work purposes.

13 November 2020

Sources told the BBC that Downing Street staff members attended a gathering with Carrie Johnson in the flat where she and the prime minister live. A spokesman for Mrs Johnson denies the party took place.

27 November 2020

A leaving event was held for No 10 aide, Cleo Watson, where people were drinking, and Mr Johnson made a speech, according to sources.

2 December 2020

The second national lockdown ended after four weeks but Boris Johnson replaced those restrictions with “tough tiers to keep this virus down”.

London was placed in tier two, which banned two or more people from different households from meeting indoors, unless “reasonably necessary” for work purposes.

10 December 2020

The Department for Education has confirmed it had an office gathering to thank staff for their work during the pandemic. It says drinks and snacks were brought by those who attended and no outside guests or support staff were invited.

14 December 2020

The Conservative Party has admitted that an “unauthorised gathering” took place at its HQ in Westminster. It was held by the team of the party’s London-mayoral candidate, Shaun Bailey, who has since stepped down as chair of the London Assembly police and crime committee. The Metropolitan Police is to speak to two people who attended the party.

The gathering at the Conservative Party headquarters was described as ‘raucous’

15 December 2020

Multiple sources have told the BBC there was a Christmas quiz for No 10 staff last year. A photo – published by the Sunday Mirror – showed Boris Johnson taking part and sitting between two colleagues in No 10. Mr Johnson has denied any wrongdoing.

Mr Johnson was pictured in the No 10 library under a portrait of Margaret Thatcher

16 December 2020

London moved into the highest tier of restrictions and Matt Hancock, who was health secretary at the time, said it was important “everyone is cautious” ahead of the festive period.

The Department for Transport apologised after confirming reports of a party in its offices that day, calling it “inappropriate” and an “error of judgment” by staff.

17 December 2020

A leaving party was held at the Cabinet Office for the outgoing head of the civil service Covid taskforce – the team responsible for drawing up coronavirus restrictions.

Kate Josephs, now chief executive of Sheffield City Council, apologised for the event, saying she was “truly sorry that I did this and for the anger that people will feel as a result”.

18 December 2020

Downing Street originally denied a report by the Daily Mirror that a party took place in Downing Street.

However, a video obtained by ITV News showed the prime minister’s then-press secretary Allegra Stratton, joking about reports of an event, saying: “This fictional party was a business meeting and it was not socially distanced.”

12 April 2021

Lockdown restrictions were eased in England, with pubs and restaurants allowed to reopen with outdoor service only.

However, working from home continued to be recommended and socialising indoors with people from other households was not allowed. Meeting others outdoors was limited to groups of six people or two households.

16 April 2021

Two parties were held by Downing Street staff at No 10, the night before Prince Philip’s funeral.

One of the events was a leaving party for the PM’s then director of communications James Slack, who has apologised for the event and acknowledged it “should not have happened at the time that it did”.

Boris Johnson was not at either party.

Will Sue Gray be able to take disciplinary action?

According to the inquiry’s terms of reference: “If required, the investigations will establish whether individual disciplinary action is warranted”.

Any specific HR action against individual members of staff – either civil servants or political advisers – would be confidential.

If there is evidence a minister has breached the Ministerial Code – such as potentially misleading parliament – it could be investigated by the prime minister’s standards adviser Lord Geidt. Mr Johnson would need to give permission before any new inquiry was launched and he ultimately decides if any minister – including himself – has broken the code.

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