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. (Paragraph 83)
Gathering on 14 January 2021
9. We note that some participants in the gathering received Fixed Penalty Notices. As we have commented earlier (see paragraphs 37 and 66), we do not consider that an event at this time was compliant with Covid Rules if the purpose of the event was purely to maintain staff morale. (Paragraph 94)
Gatherings: conclusions
10. We have set out and analysed evidence on six gatherings. This establishes that Mr Johnson had personal knowledge that should have led him, at least after due reflection and as gathering succeeded gathering, to question whether the Covid Rules and Guidance were being complied with. (Paragraph 109)
11. For several of the No. 10 gatherings, as we have detailed, Mr Johnson has argued that it did not occur to him that they were in breach of Rules or Guidance. This is despite the fact that he must have been aware of the number of people attending, of the absence of official work being done, and of the absence of social distancing without visible mitigations. In each case he argues that he genuinely believed the events were covered by a work-related exemption to the Rules. He also argues that efforts to socially distance and the putting in place of some mitigations where possible (albeit somewhere other than where the gatherings were taking place) were sufficient for compliance with the Guidance. (Paragraph 110)
12. With regard to the Rules: the gathering had to be essential or reasonably necessary for work purposes. A workplace ‘thank you’, leaving drink, birthday celebration or motivational event is obviously neither essential or reasonably necessary. Mr Johnson is adamant that he believed all of the events which he attended and of which he had direct knowledge were essential. That belief, which he continues to assert, has no reasonable basis in the Rules or on the facts. A reasonable person looking at the events and the Rules would not have the belief that Mr Johnson has professed. That is plain from the fact that around the UK during the period of pandemic restrictions these events did not take place. (Paragraph 111)
13. This point is reinforced by the exposure of the mock Downing Street press conference video which became public in December 2021. When asked about one of the gatherings we have examined, that of 18 December 2020, and more generally whether the Prime Minister would “condone having a Christmas party”, Mr Johnson’s then Press Secretary Allegra Stratton was unable to think of any credible response, and was evidently embarrassed. (Paragraph 112)
