Boris Johnson is facing fresh claims of lying to MPs after photos emerged of him toasting a senior aide at a Downing Street leaving drinks event during a national Covid lockdown.
The Metropolitan police later fined staffers for attending the event on 13 November, 2020 – but did not sanction Johnson, who is clearly seen raising a glass in a room full of alcohol.
Johnson had previously told MPs he was sure “the guidance was followed and the rules were followed at all times” when asked about the event in parliament.
The Guardian understands that the police had been handed details of the leaving drinks and Johnson’s attendance but chose not to issue him with a fixed-penalty notice (FPN), raising fresh questions about Scotland Yard’s Partygate inquiry.
Sources said that Johnson was the instigator of the event for Lee Cain, his director of communications, and was alleged to have poured the drinks for staff.
The leaving party came on a day of intense drama at in Downing St – Dominic Cummings also quit that day – and those present recall it being an awkward occasion.
The new revelations came as No 10 was engulfed in a briefing war over the imminent publication of the inquiry by Sue Gray into the rule-breaking, which is set to be deeply critical of the prime minister and the cabinet secretary, Simon Case.
On Monday, Downing Street was forced to admit it had instigated a meeting between Gray and Johnson before the report’s publication – expected within days – having previously briefed ministers it had been at Gray’s request.
Hours later, the new pictures of an event in Downing Street were published by ITV News.
Johnson is seen raising a glass of wine in front of a table strewn with bottles of wine and spirits. At least nine people – including the photographer – appear to be in the same room.
In another photo, Johnson gesticulates as he gives a speech, with his ministerial red box on the chair in front of him.
Others at the event to mark Cain’s departure were given fixed-penalty notices for their attendance.
At the time of the event in November 2020, England was in a four-week lockdown. Eight days earlier, Johnson had implored the nation to stay at home again as Covid infections rates soared.
Johnson has previously insisted repeatedly that “the guidelines were followed at all times” in Downing Street, before being forced to apologise for the first time in January after it emerged he had attended a “Bring your own booze” event in the No 10 garden.
Johnson was asked in December last year by the MP Catherine West: “Can the prime minister tell the house whether there was a party in Downing Street on 13 November.” Johnson replied at the time: “Mr Speaker, no. But I’m sure that whatever happened, the guidance was followed and the rules were followed at all times.”
Johnson is facing an inquiry by the Commons privileges committee over whether he knowingly misled parliament, something that would be a breach of the ministerial code and theoretically compel him to resign.
The disclosure will also put the Met police under renewed scrutiny over their decision to only issue Johnson with a single fine, despite handing out FPNs to other staff at events the prime minister attended.
Last Thursday, the force announced it had concluded its inquiry, without explaining how Johnson had only been issued with one fine – when he was known to be at several events.
Asked about the new photo, a spokesman for the Met said it had no further comment.
The Liberal Democrats immediately wrote to the Independent Office for Police Conduct on Monday night asking them to investigate the decision not to fine Johnson.
Daisy Cooper MP asked the IOPC to open an investigation into the workings of the inquiry, saying that the “lack of transparency” was “likely to create considerable public confusion”.
The departure of Cain and Cummings on that Friday night came after three days of intense briefing wars over a promotion for Cain to be Johnson’s chief of staff.
Carrie Johnson was said to have intervened, prompting Cain’s resignation, followed by Cummings’s.
Sources said Johnson appeared in the press office room in Downing Street while Cain was packing up his office and summoned staff around him in order to give a speech for him.
The staff had already begun to have drinks at their desks, which was routine for a Friday evening, sources said.
The prime minister was said by those present to have poured drinks for staff and made a speech for Cain.
They also believed Johnson’s official photographer had taken photos at the event.
One said that it also demonstrated that Johnson had not been accurate when he said he had not known about regular Friday drinks for staff.
Cain’s leaving drinks, along with a party in Johnson’s flat that allegedly occurred the same evening, were the two events that have drawn the most opprobrium from Whitehall sources about the Met’s decision not to fine Johnson. One said Johnson had “chucked them under a bus” by denying knowledge of the event.
A No 10 spokesperson suggested police had access to the photos. “The Cabinet Office and the Met police have had access to all information relevant to their investigations, including photographs,” the spokesperson said. “The Met have concluded their investigation and Sue Gray will publish her report in the coming days, at which point the prime minister will address parliament in full.”
Labour’s deputy leader, Angela Rayner, said it was clear Johnson had lied about the event. “While the British public were making huge sacrifices, Boris Johnson was breaking the law,” she said.
“Boris Johnson said repeatedly that he knew nothing about law-breaking – there’s no doubt now, he lied. Boris Johnson made the rules, and then broke them.
“The prime minister has demeaned his office. The British people deserve better. While Labour has a plan for tackling the cost of living crisis, Tory MPs are too busy defending the indefensible actions of Boris Johnson.”
Cummings, who has been deeply critical of Johnson since his departure, has provided written evidence to the inquiry by Gray.
“Any reasonable person looking at some of these photos will only be able to conclude that the PM obviously lied to the Commons, and possibly to the cops, and there is no reasonable story for how others were fined for event X but not him,” he wrote on his Substack blog.
Cummings said junior staff had taken the bulk of the blame for events that had been organised by their superiors. A number of staff have received multiple fixed-penalty notices for attending events.
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He said there was also evidence of a separate birthday party in the flat in No 11 where Johnson and his wife, Carrie, live.
“There is a paper trail including WhatsApps from the flat. Sounds very bad for Boris/Carrie right? Surely that must be investigated? No! The police simply ignored it.”
