Beergate bounce for Boris in latest poll

And ex-chief of prosecutions says a breach must be fined

KeIr Starmer saw his poll lead disappear yesterday as a former prosecutions chief warned he should not escape with a slap on the wrist if found to have broken Covid rules.

As an opinion poll showed Labour’s advantage over the Tories shrinking from six points to just one amid the Beergate scandal, Lord Macdonald, who preceded the Labour leader as director of public prosecutions (DPP), said police must fine him if they decide his gathering was illegal.

Sir Keir has said he would ‘do the right thing and step down’ if issued with a fixed penalty notice over his lockdown beer and curry in Durham last April.

But he has given himself a loophole by fudging questions over whether he would still quit if Durham Constabulary found he did breach lockdown laws but stuck to its policy of not issuing Covid fines retrospectively.

Lord Macdonald yesterday said it was ‘possible’ the police could let Sir Keir escape with just a reprimand even if they decide the rules were broken.

But he warned: ‘I think they’d be rather careful about doing that in this case, because of the level of public interest.’

He told radio 4’s Today programme: ‘I think the job for the police here is to decide whether or not the rules were broken, and if they were to issue a fixed penalty notice.

‘I don’t think it’s the job of the police here to be issuing guidance or to be expressing other feelings about the events that they’re investigating. I think they’d be very well advised to stick to the question of a penalty notice should one be issued or should one not be issued.’

A YouGov survey which was conducted last Thursday and Friday, put Labour on 36 per cent, down three points on the week before. The Conservatives have seen their support rise two points to 35 per cent. A separate poll by Savanta Comres showed Labour support had dropped two points to 39 per cent, while the Tories were down one point to 34 per cent.

Sir Keir was mocked about his Beergate woes in the Commons yesterday as he faced MPs for the first time since police announced on Friday they would investigate him. Labour frontbencher Bridget Phillipson meanwhile attempted to side-step questions on whether Sir Keir would stand down if he is found to have broken the law but is not given a fixed penalty notice.

The party’s education spokesman told ITV’s Good Morning Britain: ‘The consequence for breaking the rules is to be issued with a fine. So in the event he has broken the rules that is what would happen.’

Last night, Labour sources told the Daily Telegraph that the party leader would not resign unless Durham Constabulary issued him with a fixed penalty notice.

After Boris Johnson aide Dominic Cummings was reported to the Durham force for his trip to Barnard Castle, detectives chose not to issue a fine but issued a statement that suggested he ‘may’ have broken the rules.

Policing minister Kit Malthouse said yesterday a resignation by Sir Keir would not mean Mr Johnson should also step down.