The gathering of Boris Johnson and his staff to eat cheese and drink wine in the No 10 garden during lockdown last May likely violated Covid regulations, a top legal expert has said.
The leaked photo of 19 people in groups spread across the terrace and lawn would appear to be “quite an obvious social gathering”, according to Adam Wagner, the human rights barrister and leading expert on Covid regulations.
It comes after deputy prime minister Dominic Raab undermined No 10’s claim that Mr Johnson was working in the garden – saying the 15 May 2020 gathering was held “after” work had finished.
Mr Wagner told Sky News: “Having heard Dominic Raab say that this was a drink after the formal business event had ended – it doesn’t sound convincing as a work gathering. It sounds a lot like a social gathering.”
The barrister said Covid laws meant people were only allowed people to mix for work “where it could not reasonably be done at home”.
The expert added: “I don’t really see how a social gathering, as Dominic Raab seems to have suggested it was, after work, would fall within that reasonable excuse.”
Covid laws in place at the time of the 15 May 2020 mixing meant social gatherings of more than two people outdoors were banned.
Earlier on 15 May, then-health secretary Matt Hancock had given a press conference in which he told people they could meet one other person from outside their household – but warned people not to socialise despite the pleasant weather.
Downing Street has defended the get-together held in May last year on the grounds that “there were staff meetings after a No 10 press conference”, even though the group is eating and drinking.
Mr Raab also defended the event, insisting it complied with social mixing rules during the first lockdown because the Downing Street garden is “used for work meetings”. But the deputy PM admitted: “Sometimes they’ll have a drink after a long day or a long week.”
Grilled over the Mr Raab’s comments on Monday, Mr Johnson’s official spokesman argued the PM and his staff were “discussing work”, which happened to be “in the No 10 garden”.
Drinking alcohol was fine because it was “post-normal work hours”, he claimed – and yet, because it was still a “work meeting” it also complied with the Covid rules.
Labour leader Sir Keir Starmer said on Monday that it was “a real stretch to pretend that is a work meeting” – noting the photo leaked to The Guardian was taken during a period where people could not attend funerals of loved ones.
“I think there are very serious questions to be answered,” said Sir Keir. “Just look at the photo and ask yourself is that a work meeting going on or is that a social event? I think the answer is pretty obvious.”
Mr Wagner said Mr Raab’s comment had “changed the dynamics” of the controversy. But the legal expert suggested it was unlikely the Metropolitan Police would investigate, given the force’s reluctance to probe “retrospective” breaches of the Covid regulations.
“This was quite a long time ago – I don’t know if this is something the police will get involved in,” he said. “But it’s certainly leans towards something that broke the rules, and something ministers, the prime minister, top officials shouldn’t be anywhere near, really.”
The barrister added: “It’s more likely to stay in the political realm than legal realm … the law doesn’t always come charging down the road to fix it. But it’s quite possible it is a legal issue, because it seems quite an obvious social gathering, which weren’t permitted at the time.”
