Scotland Yard has said it is reviewing its assessment that a Downing Street Christmas Quiz did not meet the threshold for criminal investigation after an image emerged showing Boris Johnson near an open bottle of bubbly during a Christmas quiz.
The Met faced calls on Wednesday to expand its investigation into alleged breaches of lockdown rules in No 10 on Wednesday after the Mirror published a photo showing the Prime Minister and three members of staff - one wearing tinsel - near the uncorked bottle and an open bag of crisps.
The event on December 15 2020 was not one of those being investigated by the Metropolitan Police after officers were passed evidence from the Sue Gray inquiry.
But the Metropolitan Police said in a statement on Wednesday: "The MPS previously assessed this event and determined that on the basis of the evidence available at that time, it did not meet the threshold for criminal investigation.
"That assessment is now being reviewed."
The development suggests the latest image to surface was not among more than 300 passed to officers by the Whitehall investigation.
The image added to the pressure on the Prime Minister and came after Tory donor John Armitage suggested his leadership is past the point of no return.
The latest photo was published during Prime Minister’s questions and prompted a challenge from shadow minister Fabian Hamilton.
Mr Hamilton said: “At the height of the lockdown restrictions in 2020, my constituent who has worked for the NHS for over 30 years was diagnosed with a tumour on her spine whilst in hospital undergoing painful surgery her family obeyed the rules and did not visit her.
“In the last few minutes, a photo has emerged of the Prime Minister in Downing Street on December 15, 2020, surrounded by alcohol, food and people wearing tinsel.
“It looks a lot like one of the Christmas parties he told us never happened.
“So for the sake of my constituent and the sacrifices she made, will the Prime Minister be referring this party to the police as it is not one of the ones already being investigated.”
Mr Johnson responded: “First of all, I’m very sorry about his constituent and for the difficulties that she has been through.
“I understand very much her feelings.
“But in what he has just said, I’m afraid he is completely in error.”
Challenged again during PMQs, Mr Johnson added: “That event already has been submitted for investigation.”
London was under Tier 2 restrictions at the time, which prohibited social mixing between different households indoors.
Official guidance said: “Although there are exemptions for work purposes, you must not have a work Christmas lunch or party, where that is a primarily social activity and is not otherwise permitted by the rules in your tier.”
Ms Gray’s update into her investigation revealed that police were investigating 12 events in Downing Street and wider Government, but the “online Christmas quiz” was not considered to have “reached the threshold for criminal investigation”.
Dominic Cummings, Mr Johnson’s hostile former chief adviser, tweeted: “There’s waaaaay better pics than that floating around, incl in the flat.”
Adam Wagner, a human rights lawyer who has been examining Covid laws, said: “I think there is no longer any justification for the police not to investigate this event.
“I imagine the reason decided not to investigate this gathering is because the (previous) image was ambiguous - the PM may have dialled in but not have been himself participating in an illegal gathering. But now it seems obvious from the photo he himself is participating in a social gathering.”
The Prime Minister’s press secretary insisted the event was a “virtual quiz” but was unable to say whether the photograph had been submitted to the Gray inquiry in evidence.
“I’m not going to get into precise evidence but she obviously had access to all the evidence she needed,” the press secretary said.
With police having received more than 300 photographs from Ms Gray’s investigation, Mr Johnson gave his firmest commitment to date to “immediately publish in full whatever” he is given by Ms Gray after all inquiries are concluded.
Earlier on Wednesday donor John Armitage, who has given given more than £3 million to the Conservative Party, said leaders should quit if they lose their “moral authority” as he said “the lack of honour inherent in modern politics incredibly distressing”.
Asked by the BBC if he thinks Mr Johnson’s leadership is past the point of no return, the financier said: “Personally, yes.”
Mr Armitage, the co-founder of hedge fund Egerton Capital, suggested that Mr Johnson’s attempts to change his administration are not enough Mr Johnson sought to reset his administration with a limited ministerial reshuffle and a shake-up of how No 10 operates.
As he seeks to stay in office, Mr Johnson promoted Chris Heaton-Harris to be Chief Whip, taking over from Mark Spencer who became Commons Leader, with Jacob Rees-Mogg moving from this post to be Brexit minister.
An ally of Mr Johnson, Mr Heaton-Harris told BBC’s Newsnight: “I would like to think we have a very strong Prime Minister who is going to continue and get stronger and stronger and lead us into the next election, which we will win comfortably.”
