Civil service bosses may never know which of their staff are fined by police for attending Covid rule-breaking parties, a leaked memo issued by the Cabinet Office has revealed.
The five-page advice document for those who could be spoken to by Scotland Yard over 12 alleged gatherings also reassured staff it was “unlikely” their security clearance would be revoked if they were issued with a £100 fixed penalty notice.
Whitehall workers were told to “cooperate fully” with the Metropolitan police, and that while there was no fixed end point to officers’ inquiries they would be kept “updated as timelines become clearer”.
Advice was given for people to join a union to get legal support – if they wanted it – while those who wanted “time off” to handle the stress of the investigation were told they would be supported “through this difficult period” and given “flexibility”.
More than 70 witnesses were interviewed by senior civil servant Sue Gray’s team, as part of her investigation into a string of alleged parties in No 10 and across Whitehall when Covid restrictions were in place.
At least three of the events were attended by the prime minister, Boris Johnson: a “bring your own booze” drinks gathering on 20 May 2020 in the Downing Street garden, a birthday celebration in No 10 on 19 June and a leaving do for a senior aide on 14 January 2021.
The Met launched an investigation last week, stymying the publication of Gray’s full report: she was only able to release an “update”, which took aim at “failures of leadership and judgment” at the top of government.
In an update to those who may be contacted by Scotland Yard, the Cabinet Office’s propriety and ethics team wrote a “question and answer” sheet for potential interviewees.
It stated that a fixed penalty notice was not a “criminal conviction” or “a finding of guilt” but a “mechanism by which someone … can avoid prosecution and the matter will be considered dealt with”.
In response to the question of whether the civil service would make public details of who received a fine for breaking Covid laws, the document said: “No. The Met will not publish the names of those who have received FPNs and the civil service will not know the details of recipients.”
To those concerned that getting a fixed penalty notice could affect their security clearance, the Cabinet Office recommended that people report it to the vetting system. It added: “Clearance is considered on a case-by-case basis but it is unlikely that in and of itself an FPN would lead to your clearance being revoked.”
Civil servants were told that a special liaison unit had been set up “to help manage the relationship between government and the Met investigation”. This would provide “accurate information about the status of the Met investigation and process”.
Disciplinary proceedings could be launched against some civil servants, the document suggested. But it said these would be “taken in according to department HR policies once the CO [Cabinet Office] and Met processes have concluded”.
In response to a question about whether the civil service would pay a fine, the document said: “No. FPNs apply to individuals and would not be funded by the taxpayer.”
Angela Rayner, Labour’s deputy leader, said that the culture in Downing Street had been set by Johnson, and he was still “refusing to take responsibility or show the leadership that the country needs”.
She added: “His actions have led to a police investigation, yet it is civil servants and staff who could be left to pay with their careers. It is vital that whistleblowers are now protected and ministers held properly to account.
“The full Sue Gray report must be published, and the cover-ups ended once and for all.”
Johnson earlier this week said he was “sorry for the things we simply did not get right and sorry for the way this matter has been handled”. However, he still insists he has not broken any Covid rules nor misled parliament by claiming as much in the Commons.
