Sue Gray’s investigation into a gathering inside the prime minister’s private Downing Street flat was “limited” by the Metropolitan Police probe.
Boris Johnson, his wife Carrie Symonds and special advisers met on 13 November 2020, following the announcement of the departure of Dominic Cummings - but none received Covid fines over the event.
It became notorious after press reports that Abba songs, including The Winner Takes It All, were heard booming through the building.
The final Cabinet Office report into government events during Covid restrictions said the civil service investigation into the alleged party was limited because the “process of obtaining evidence had only just been commenced” when the Metropolitan Police began its own probe.
“At this point I stopped my investigation, given the need to avoid any prejudice to the police investigation,” Ms Gray said.
“Following the Metropolitan Police announcement on 19 May 2022 [confirming the end of its investigation and that no further fines would be issued] I considered whether or not to conduct any further investigation into this event but concluded it was not appropriate or proportionate to do so.”
The passage of the Cabinet Office report dedicated to the flat gathering was much shorter than those for other events.
It said: “Following the announcement of the departure of Dominic Cummings and Lee Cain, a meeting was held in the No 10 flat from some time after 18.00 to discuss the handling of their departure.
“Five special advisers attended. The prime minister joined them at about 8pm. Food and alcohol were available. The discussion carried on later into the evening with attendees leaving at various points.”
Mr Johnson refused to give further details of the event in parliament on Wednesday afternoon.
He said: “That evening was extensively investigated to the best of my knowledge, and I don’t believe I can improve on what Sue Gray has to say.”
In a press conference, the prime minister said that his flat has a “dual use”, adding: “Historically, prime ministers have used it for meetings.
“The event in question was a work meeting and ... the Metropolitan Police did investigate and that was certainly the outcome of their investigation.”
The Gray report was published hours after legal action was launched over the police’s alleged failure to properly investigate Mr Johnson over three gatherings that he attended but was not fined for.
Scotland Yard has been accused of setting a “higher bar” for Covid fines against Downing Street staff than was seen for the general public, because of the evidence-gathering process, bespoke questionnaires and opportunities for legal advice.
The vast majority of penalties given to the general public were handed out on the spot where an event appeared to breach regulations, and people had to risk prosecution in order to challenge them.
The Cabinet Office report said there were different levels of evidence gathered for different dates.
In some cases, civil service investigators obtained accounts from multiple attendees, emails, photos and building entry and exit logs.
But for others they could only speak to a “limited number of individuals”, the report said, adding: “This was most notably the case for those events that we started investigating later in the process, essentially at the point at which the Metropolitan Police said they would be investigating those same events.
“This necessarily limited what we were able to establish about those gatherings as it would not have been appropriate to continue with our investigation once the police investigation had commenced.
“The Metropolitan Police investigation had primacy. I have taken the view that it would not be necessary, appropriate or proportionate to undertake any further investigation work following the conclusion of the work of the Metropolitan Police.”
Ms Gray said that she had provided material gathered during her investigation, but that the police had not given her any details of who it had fined beyond what has already been made public.
The report confirmed that a Metropolitan Police officer witnessed the 18 December 2020 Downing Street Christmas party, after a panic alarm was accidentally triggered.
“They observed a large number of people in the area outside of the main press office and one individual giving a speech,” it said. “Inside the press office a further 15-20 people were present. There was food and alcohol available which had been bought and brought in by staff. Some members of staff drank excessively.
“The event was crowded and noisy such that some people working elsewhere in the No 10 building that evening heard significant levels of noise coming from what they characterised as a ‘party’.”
The Independent has asked Scotland Yard if the officer reported the illegal gathering at the time, but has not yet received a response.
