early hours”, and that Mr Johnson walked past at 9.58 pm, given that the issue of Fixed Penalty Notices suggests the social (not work-related) nature of the event, for at least some time (and the evidence we have suggests that would be a significant proportion of the event), and given that we know from our own evidence that social distancing was not observed, we conclude that Mr Johnson is unlikely to have been unaware, as he returned to his flat, that a crowded gathering that was in breach of the Covid Rules and Guidance was taking place in the Press Office vestibule. We accept, however, that it is possible, though unlikely, that there was nothing untoward occurring in the vestibule at the time he ascended to the flat.
Gathering on 14 January 2021
84. In January 2021, the Rules in force for the prevention of the spread of Covid included restrictions on indoor gatherings of two or more people, and Guidance stated that there should be social distancing of 2 metres or 1 metre with risk mitigations in the workplace wherever possible, and that only absolutely necessary participants should usually physically attend meetings.[1] At a Covid press conference on 30 December 2020, Mr Johnson outlined the ‘Tier 4’ restrictions which were in force in London a fortnight later when the 14 January gathering took place. He said the restrictions meant “not meeting up with friends or family indoors, unless they are in the same household or support bubble, and avoiding large gatherings of any kind.”[2]
85. On Friday 14 January 2021, Mr Johnson attended and gave a speech at a leaving gathering for two officials involving 15 people.[3] This was held in the Pillared Room in No. 10. The gathering was described in evidence submitted to the Committee by a No. 10 official who attended it as “not strictly a meeting about work”.[4] Photographs submitted to us confirm that Mr Johnson was in attendance.[5] Fixed Penalty Notices were issued to staff for this event.
86. In his written evidence Mr Johnson told us that he attended the 14 January 2021 gathering for approximately 10 minutes and made a speech. He told us that his remarks about ‘leaving gatherings’ in general applied to this event (see paragraphs 59 and 70 above). He added:
- ↑ On this date, London (together with the rest of England) was classified as a ‘Tier 4’ area. Regulations stated:
“No person may participate in a gathering in the Tier 4 area which—
(a) consists of two or more people, and
(b) takes place in a private dwelling or in any indoor space.”
Exceptions included “where the gathering is reasonably necessary for work purposes, or for the provision of voluntary or charitable services”. See: The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (SI 2020/1374) (as amended 6 January 2021), Schedule 3A Part 2.
Workplace Guidance stated:
“Currently, you can only leave home for work purposes where it is unreasonable for you to do your job from home. If it is unreasonable for you to do your job from home, you must maintain social distancing in the workplace wherever possible”.
It advised social distancing of 2 metres, or 1 metre with risk mitigations where 2 metres was not viable. It encouraged business to take “all the mitigating actions possible” where social distancing could not be followed in full. For meetings, this included using remote working tools to avoid in-person meetings, only absolutely necessary participants attending, and holding meetings outdoors or in well-ventilated rooms. See: GOV.UK, Working safely during coronavirus (COVID-19): Offices and contact centres, as updated 7 January 2021. - ↑ GOV.UK, Prime Minister’s statement on coronavirus (COVID-19): 30 December 2020, 30 December 2020
- ↑ Core evidence bundle materials, p47
- ↑ Core evidence bundle materials, p47
- ↑ See Appendix 1 for photographs
