Alexander Horne

Does Boris Johnson’s partygate defence stand up to scrutiny?

(Photo: Getty)

This morning, Boris Johnson’s response to the accusations against him was published in a substantial dossier to the Privileges Committee. It comes just a day before the unprecedented hearing that is likely to determine his political future.

This submission was a long time coming. In its interim report, published on 3 March, the Committee noted that it had first written to Johnson asking for his version of events as long ago as 21 July last year. Spectator books editor Sam Leith – who worked with Johnson in his former role as Daily Telegraph comment editor – suggested that this late submission was very much ‘on brand for the great man’.

What do we learn from the 52-page dossier? Well, Johnson accepts that he misled parliament. His main contention seems to be that this was not deliberate and that he ‘could not have predicted the subsequent revelations that came to light following the investigations by Sue Gray and the Metropolitan Police’.

Johnson and his advisers have also made some punchy arguments about the committee’s processes, focusing on a number of procedural issues. Johnson argues that the committee’s proceedings go beyond their remit and that it is potentially biased, complaining about the ‘partisan tone and content’ of the interim report.

None of this seems hugely convincing and, based on my two decades working as a senior parliamentary lawyer, I would suggest that some of Johnson’s defences are simply hyperbolic.

The attacks on process by his counsel, including on the standard of proof which should be used by the committee, are not new. This line of attack was also used by the late Lord Lester QC during the inquiry into his conduct in 2018 in the Lords. In a report issued by the House of Lords Conduct and Privileges Committee, the civil standard of proof (essentially that the allegations are more likely than not to be true) was accepted to be the appropriate one.

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