Boris Johnson’s allies have questioned whether it was appropriate for a lawyer who has previously criticised the Prime Minister to have advised the civil service investigation into partygate.
Daniel Stilitz QC, who helped Sue Gray in her inquiries on alleged Covid rule-breaking in Government, once tweeted that Mr Johnson should not be trusted.
Mr Stilitz also previously shared comments online accusing Mr Johnson of “fake news”, criticised Brexit and urged people to sign up to the Labour Party.
The Prime Minister’s allies want to know what legal role Mr Stilitz played in shaping Ms Gray’s investigation, which began as an internal inquiry but was eventually taken over by the police.
One Whitehall source questioned whether he should have been involved given the emergence of the handful of anti-Johnson social media posts.
Separately, there has been alarm in Whitehall at recent leaks about the content of the Gray report, including suggestions that it is so damning that once published Mr Johnson will have to resign.
Ms Gray’s report into allegations of lockdown-breaking parties will be made public once the Metropolitan Police has completed its investigation.
Rebels plotting to oust the Prime Minister have targeted the publication date – which could be weeks or months away – as a moment they could renew their push to force him from office.
‘Johnson’s fake news machine’
In an initial update on her inquiries published in January, Ms Gray, a senior civil servant, said that Mr Stilitz had “provided independent advice as to the process”.
Little further information has been provided on the scale or specificity of advice given by Mr Stilitz. Yet details about some of his Left-leaning political views began to emerge last week.
In one tweet, as the Prime Minister negotiated Brexit, Mr Stilitz wrote: “A salutary warning for Labour MPs considering backing the deal: if you trust Johnson, you’re a mug.”
In another tweet prior to his appointment, he wrote about “Johnson’s fake news machine” and called an article being linked to a “searing indictment” of how the media have been “played by No 10”.
Separate tweets, prior to the Sue Gray inquiry, reportedly saw Mr Stilitz criticise Brexit and urge people to sign up to the Labour Party.
Other apparent links to the Left have emerged.
Mr Stilitz is director of the High Pay Centre, a think tank with close links to the Left-leaning Compass group. The think tank says it is independent and non-partisan.
‘Bound by the Code of Conduct’
Allies of Mr Johnson have been left alarmed at the apparent contents of the Gray report. It has not been shared with Downing Street, but reports have emerged that the findings are so damaging they could end Mr Johnson’s premiership.
Given the weight Tory MPs are putting on the as-yet-unknown revelations, it is possible supporters of the Prime Minister could seek to call into question how it was produced.
Few details of Mr Stilitz’s role with Ms Gray’s investigation have emerged.
A Cabinet Office spokesman said: “As Sue Gray’s update on the investigation made clear, independent advice was provided by the Treasury Solicitor and Daniel Stilitz QC on the process of the investigation. The judgments in both the update and the final report are hers alone, to establish the facts under the published terms of reference of the inquiry. The Terms of Reference and Daniel Stilitz QC were in place before Sue Gray was appointed to lead the investigation.
“Daniel Stilitz has extensive experience of government work, having been instructed by numerous government departments across a wide range of significant cases. As with all members of the Bar, his personal views are his own and have no bearing on the professional advice that he provides as an independently regulated barrister. He is bound by the Code of Conduct which sets out that all barristers maintain their independence and act in the best interests of their client.”
Mr Stilitz did not comment when approached by email.
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