Minister Lord David Wolfson quits over Covid law-breaking at No 10

Lord David WolfsonImage source, House of Lords

A Conservative peer has resigned as a justice minister over Covid law-breaking in Downing Street.

It comes after Prime Minister Boris Johnson and Chancellor Rishi Sunak were fined for attending a party in No 10 during lockdown.

In a letter to Mr Johnson, Lord David Wolfson criticised the "official response" to "repeated rule-breaking".

He is the first person to quit the government since reports of lockdown parties emerged.

Opposition parties are calling for the PM and chancellor to resign over their fines - but they have been backed by their fellow cabinet ministers.

Some Tory MPs who previously called for the PM to resign have expressed their support. Since the fines were issued on Tuesday, only three Tory MPs have publicly said he should quit.

The latest to do so, Tobias Ellwood, was among those who said they would submit no confidence letters in his leadership earlier in the year.

On Thursday, he told BBC Radio 4 it had been his "consistent" view Mr Johnson should "step back" to help his party's chances at the next general election.

Barrister Lord Wolfson has been a justice minister since December 2020, with responsibility for human rights and the constitution.

In his resignation letter, external, he said the "scale, context and nature" of Covid breaches in government was inconsistent with the rule of law.

He added that he had "no option" other than to resign, given his "ministerial and professional obligations" in this area.

"It is not just a question of what happened in Downing Street, or your own conduct," he wrote to the PM. "It is also, and perhaps more so, the official response to what took place."

Mr Johnson's fine - for attending a surprise birthday gathering held for him in Downing Street in June 2020 - means he is the UK's first serving prime minister to be sanctioned for an offence under criminal law.

He is known to have attended at least two further events being investigated by police, meaning he could be fined again.

One No 10 aide who witnessed many of the events being investigated told the BBC the fine Mr Johnson has already received was for the least serious gathering he attended.

Resignation reflects concerns

There hasn't been much public criticism of Boris Johnson from his own side since the police fined him for breaking Covid rules.

But the resignation of Lord Wolfson reflects private concerns that some have.

Two ministers have told me they do want the prime minister to resign, but they know there's no appetite among Conservative MPs at the moment to move against him.

More fines could change that dynamic.

In a tweet, Labour's shadow justice secretary Steve Reed praised Lord Wolfson "for taking a principled stand".

He asked what this meant for Justice Secretary Dominic Raab, "who's constitutionally charged with upholding the law but is instead condoning law-breaking".

Mr Raab is among the cabinet ministers to have publicly backed Mr Johnson and Mr Sunak.

Liberal Democrat justice spokesperson Wera Hobhouse said Lord Wolfson's resignation showed that voters had "had enough of Boris Johnson acting as though he is above the law".

"Boris Johnson and Rishi Sunak should both go, so we can focus on what really matters - giving families the support they need to weather the cost of living crisis," she said.

Media caption,

Johnson: I fell short in observing the rules

The prime minister can only be removed by a vote of no confidence in Parliament, or by his own MPs organising a leadership contest, neither of which is likely to happen at this stage.

As a member of the House of Lords, Lord Wolfson will not be able to submit a letter of no confidence in the PM to trigger a Tory leadership contest.

Reports of parties being held in Downing Street during lockdowns first emerged in December last year, with Mr Johnson initially insisting that "guidelines were followed at all times".

Mr Sunak also told the Commons: "I did not attend any parties."

The PM then ordered an inquiry into the allegations of rule-breaking, led by senior civil servant Sue Gray.

The Met initially said it would not retrospectively investigate the allegations unless "significant evidence" of a regulation breach came forward.

But after Ms Gray passed information to officers, they launched their own inquiry.

Her full report will not be released until the Met has concluded its investigation.

Timeline: Downing St gatherings

The government has faced intense pressure over gatherings held in and around Downing Street during Covid lockdowns. A police investigation into several of the events has now concluded, with more than 100 fines having been issued to attendees. Here is what we know about the gatherings and the restrictions in place at the time:

A photo from May 2020 showed the prime minister and his staff with bottles of wine and a cheeseboard in the Downing Street garden. When asked about it, Boris Johnson said "those people were at work talking about work".

Boris Johnson was pictured with his wife Carrie as well as Downing Street staff
Image caption Boris Johnson was pictured with his wife Carrie as well as Downing Street staff Image copyright by Guardian/Eyevine

The rules:

Legal restrictions at the time said you could not leave your house without a reasonable excuse and government guidance was that you could meet one person outside of your household in an outdoor setting while exercising.

This event was not investigated by the police.

About 100 people were invited by email to "socially distanced drinks in the No 10 garden this evening". Witnesses told the BBC the PM and his wife were among about 30 people who attended.

Boris Johnson apologised to MPs for attending the event, saying he spent 25 minutes thanking staff, before returning to his office.

The police investigation determined that this event did breach the rules in place at the time.

A gathering took place in the Cabinet Office to mark the departure of a No 10 private secretary.

The police investigation determined that this event did breach the rules in place at the time.

We know at least one fine has been issued after the government's former head of ethics admitted receiving one and apologised for attending the event.

On Boris Johnson’s birthday, up to 30 people gathered in the Cabinet Room at No 10 to present the prime minister with a birthday cake and sing Happy Birthday, according to a report by ITV News.

No 10 said staff had "gathered briefly" to "wish the prime minister a happy birthday", adding that he had been there "for less than 10 minutes".

The rules:

Restrictions at the time banned most indoor gatherings involving more than two people.

The police investigation determined that this event did breach the rules in place at the time.

We know at least three attendees have received fines from the police, with the PM, his wife Carrie Symonds and Chancellor Rishi Sunak all confirming they have paid fixed penalty notices.

Two gatherings are understood to have taken place in Downing Street on this date: one to mark the departure of a special adviser and one in the Downing Street flat.

According to a report in the Daily Telegraph, the gathering in the flat where Mr Johnson and his wife live was to celebrate the departure of Dominic Cummings, the PM's former senior adviser. A spokesman for Mrs Johnson denies the party took place.

Boris Johnson pictured at a party, according to ITV News
Image caption Boris Johnson pictured at a party, according to ITV News Image copyright by ITV News

The rules:

Eight days earlier Boris Johnson had announced a new lockdown in England. Indoor gatherings with other households were banned, unless they were for work purposes.

The police investigation determined that an event on this date did breach the rules in place at the time but they have not confirmed whether it was one or both of the events.

A leaving event was held for No 10 aide, Cleo Watson, where people were drinking, and Mr Johnson made a speech, according to sources.

This event was not investigated by the police.

The Department for Education has confirmed it had an office gathering to thank staff for their work during the pandemic. It says drinks and snacks were brought by those who attended and no outside guests or support staff were invited.

The rules:

Eight days earlier, London had been placed in restrictions which banned two or more people from different households from meeting indoors, unless "reasonably necessary" for work purposes.

This event was not investigated by the police.

The Conservative Party has admitted that an "unauthorised gathering" took place at its HQ in Westminster. It was held by the team of the party's London-mayoral candidate, Shaun Bailey, who has since stepped down as chair of the London Assembly police and crime committee.

In December, police said they would be contacting two people who attended the party.

The gathering at the Conservative Party headquarters was described as ‘raucous’
Image caption The gathering at the Conservative Party headquarters was described as ‘raucous’ Image copyright by Daily Mirror

This event was not included in Sue Gray's report.

Multiple sources have told the BBC there was a Christmas quiz for No 10 staff last year. A photo - published by the Sunday Mirror - shows Boris Johnson taking part and sitting between two colleagues in No 10. Mr Johnson has denied any wrongdoing.

Mr Johnson was pictured in the No 10 library under a portrait of Margaret Thatcher
Image caption Mr Johnson was pictured in the No 10 library under a portrait of Margaret Thatcher Image copyright by Sunday Mirror

The rules: At this time, the rules in London banned two or more people from different households from meeting indoors, unless "reasonably necessary" for work purposes.

This event was not investigated by the police.

The Department for Transport has apologised after confirming reports of a party in its offices, calling it "inappropriate" and an "error of judgment" by staff.

This event was not included in Sue Gray's report.

A leaving party was held at the Cabinet Office for the outgoing head of the civil service Covid taskforce - the team responsible for drawing up coronavirus restrictions.

Kate Josephs, now chief executive of Sheffield City Council, apologised for the event, saying she was "truly sorry that I did this and for the anger that people will feel as a result".

A second gathering was held in the Cabinet Office to hold an online Christmas quiz for the Cabinet Secretary’s private office.

A third gathering was held in No 10 Downing Street to mark the departure of a No 10 official

The police investigation determined that an event on this date did breach the rules in place at the time but they have not confirmed whether it was one or all of the events.

Downing Street originally denied a report by the Daily Mirror that a party took place in Downing Street on this date.

However, a video obtained by ITV News showed the prime minister's then-press secretary Allegra Stratton joking about reports of the event, saying: "This fictional party was a business meeting and it was not socially distanced."

The police investigation determined that this event did breach the rules in place at the time.

A gathering was held in No 10 Downing Street to mark the departure of two private secretaries.

The police investigation determined that this event did breach the rules in place at the time.

Two parties were held by Downing Street staff at No 10, the night before Prince Philip's funeral.

One of the events was a leaving party for the PM's then director of communications James Slack, who has apologised for the event and acknowledged it "should not have happened at the time that it did".

Boris Johnson was not at either party.

The rules

The rules had been eased in England on 12 April, but working from home continued to be recommended and socialising indoors with people from other households was not allowed. Meeting others outdoors was limited to groups of six people or two households.

The police investigation determined that an event on this date did breach the rules in place at the time but they have not confirmed whether it was one or both of the events.

We know fines have been issued to some people who attended Mr Slack’s leaving party, but we do not know who they were issued to.