Keir Starmer's Durham drink - what were the rules?
- Published
Labour leader Sir Keir Starmer and deputy leader Angela Rayner have both been cleared of breaking Covid rules at a gathering on 30 April 2021 in Durham.
Police said in a statement: "Durham Constabulary will not be issuing any fixed penalty notices in respect of the gathering and no further action will be taken."
Sir Keir, who was pictured through a window holding a bottle, and Ms Rayner had both said they would resign if they were fined.
The Labour leader responded to the police decision saying: "I've always said that no rules were broken when I was in Durham. The police have now completed their investigation and found that there is no case to answer."
Ms Rayner tweeted, external: "Integrity matters in politics. The contrast with the behaviour of this disgraced Prime Minister couldn't be clearer."
What happened?
The picture of the Labour leader was taken in the run-up to the 6 May Hartlepool by-election in the office of City of Durham MP Mary Foy - inside Durham Miners' Hall.
He can be seen with a bottle while colleagues can be seen in the background with plates.
Sir Keir has explained that a takeaway was ordered for the people working in the office.
"All restaurants and pubs were closed so takeaways were really the only way you could eat," he told Good Morning Britain.
"So this was brought in and at various points people went through to the kitchen, got a plate and had something to eat."
What were the rules at the time?
On 30 April, England was under "Step 2" rules, external, which had been introduced on 12 April.
Gathering indoors with people from outside your household or support bubble was against the law.
There was an exemption, external for "work purposes", although working from home was recommended in the guidance, but the rules did not mention socialising at work.
And there was an exemption if "the gathering is reasonably necessary for the purposes of campaigning in an election".
Bars, pubs and restaurants were allowed to open outdoors for groups of six people or two households, but indoor service was not allowed.
The question for police was whether Labour officials eating and drinking together was "reasonably necessary for work".
What have the police said?
Durham Police reviewed the footage of Keir Starmer in February this year and said it did not believe an offence had been committed.
Then on 6 May a spokesperson said: "Following the receipt of significant new information over recent days, Durham Constabulary has reviewed that position."
And on 8 July Durham Police confirmed their previous conclusion, external that there was no case to answer, saying: "A substantial amount of documentary and witness evidence was obtained which identified the 17 participants and their activities during that gathering."
Was Angela Rayner there?
Labour initially said that its deputy leader Angela Rayner had not been at the event, but later said that statement was a "mistake" made in "good faith".
A spokesperson told the BBC there was no reason to conceal Ms Rayner's attendance, as no lockdown rules had been broken.
What was the guidance?
In addition to the legal restrictions, the government issued guidance for workplaces.
The guidance, external on gathering at work at the time was that people should only meet in person at work if it was reasonably necessary to do so, and that they should maintain social distancing.
That meant staying two metres apart if possible, or one metre apart with other measures being taken to reduce risk.
It also recommended holding meetings outdoors when possible, and using ventilation such as air conditioning and open doors and windows, if meetings had to be indoors. The guidance did not mention alcohol.
Was there guidance for campaigning?
The government issued extra guidance, external for campaigning ahead of the May 2021 elections.
It said that while it was "essential that campaigning be allowed in the run-up to the polls" on 6 May, "all campaigning activity will need to follow the relevant rules on gatherings and social distancing".
It also recommended: "You should not meet with other campaigners indoors."
