A senior Tory has told Boris Johnson to slap down an “ally” who said the police should not punish him with a Partygate fine if it would force him out of No 10.
Bob Neill, chair of the Commons justice committee, joined leading lawyers and Opposition politicians in condemning “political pressure” after the call for the police to exercise “a degree of discretion”.
It was made by the unnamed ally as the prime minister is expected to appoint his own lawyer if he is questioned over his attendance at No 10 parties during Covid lockdown periods.
Mr Johnson is expected to argue he did not break the law because Downing Street is both his workplace and his home – which has also raised eyebrows, because the pandemic forced millions of people to work from home.
The prime minister is expected to confirm as early as Friday that he is among 50 people sent a legal questionnaire by the Met police, as its probe into suspected lawbreaking is stepped up.
The ally told The Times that the Met needs to be “very certain” that he has breached lockdown rules before issuing a fixed penalty notice – a move expected to be fatal for Mr Johnson’s position.
“There is inevitably a degree of discretion here. Do you want the Met Police deciding who the prime minister is?” the individual said.
Sir Bob tweeted: “It is completely inappropriate to suggest that there should be any special treatment for anyone involved in these inquiries and any suggestion of political pressure on the police is completely reprehensible. No 10 would do well to disown it.”
Ed Davey, the Liberal Democrat leader, called the suggestion “perhaps the darkest moment of this whole sorry saga”
“It shows a fundamental belief in the heart of government that Boris Johnson should be above the law and that No 10 will bring any institution into disrepute to save Johnson’s skin.”
Adam Wagner, a barrister and Covid rules expert, said: “The legal test is that the police “reasonably believe” someone has committed an offence before issuing a fixed penalty notice.
“This will be the same regardless of how important the person is – this is the rule of law.”
Mr Johnson is thought to have attended 6 of up to 13 gatherings now under investigation, including the notorious ‘bring your own booze’ party in the No 10 garden in May 2020.
He claimed it was a “work event” – although no such mass gathering was allowed under the rules – with the garden an extension of his home in Downing Street.
Mr Johnson will not be able to make the claim if it is confirmed that he attended the ‘ABBA party’ in his No 11 flat, in November 2020, allegedly to celebrate the departure of Dominic Cummings.
Rishi Sunak has suggested he does not expect to be required to fill out a police questionnaire, despite being at the prime minister’s birthday party in the cabinet room in May 2020.
The chancellor insisted he was there for a routine Covid meeting and, asked whether he expected to receive a form to complete, replied: “No – well, I don’t know.”
