Partygate investigator Sue Gray chose not to participate in an inquiry looking at talks she held with Labour over joining as its chief of staff.

Deputy Prime Minister Oliver Dowden provided an update to the Cabinet Office inquiry into the “circumstances leading to the resignation of Sue Gray” to take up the role of chief of staff to the Labour leader.

Mr Dowden said in the statement to parliament that the process “involved interviewing relevant persons” to establish “further details” on any communication between Ms Gray and Sir Keir Starmer.

However, Ms Gray herself chose not to speak to the inquiry.

Mr Dowden wrote: “I can update the House that Ms Gray was given the opportunity to make representations as part of this process but chose not to do so.”

He added that due to rules around employee confidentiality, he was “unable at this stage” to provide further details from the probe.

Mr Dowden also confirmed that the Cabinet Office had made submissions to the Advisory Committee on Business Appointments (ACoBA), which provides advice on applications from senior civil servants who wish to take up appointments and can recommend a waiting period – something Labour has committed to abide by.

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A Labour source told Sky News: “Sue Gray has fully cooperated with ACOBA [Advisory Committee on Business Appointments] which is the proper process.

“They have all the relevant details and are the ones who advise on these matters.”

Sky News revealed in March that Sir Keir was considering appointing Ms Gray as his chief of staff.

Ms Gray, a longstanding former civil servant, rose to prominence when she carried out her report into the parties that took place in Downing Street during the COVID pandemic.

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Ms Gray found that some events “should not have been allowed to take place” and blamed “failures of leadership and judgment” for what occurred in Number 10.

The Conservatives were immediately critical on hearing reports that Ms Gray was poised to join the opposition and raised questions about her independence.

On hearing the reports, Boris Johnson said he would have “invited her to reflect on whether she was really the right person” to look into the gatherings in Number 10.

Part of the criticism has been whether Ms Gray was in discussions with the Labour leader about joining his team while she was part of the Cabinet Office’s propriety and ethics team while it was advising MPs on the Privileges Committee in its recent investigation into whether Mr Johnson misled MPs with his statements on partygate.

Reports overnight claimed the former senior civil servant held talks with Labour in November last year, while she was still part of the team while it liaised with the committee – prompting accusations of a conflict of interest.

Earlier on Tuesday, Foreign Secretary James Cleverly told Sky News Sir Keir could have “serious questions to answer” if he was talking to Ms Gray while she was still part of the ethics team.

Sir Keir has sought to defend the appointment, arguing that it was necessary to help Labour in government if it wins the next election and that the Tories were trying to find stories to distract ahead of the local elections on Thursday.

“Firstly I had no discussions with her while she was investigating Boris Johnson whatsoever, I don’t think anyone is suggesting that’s the case,” he told the BBC.

“I’m confident she hasn’t broken any of the rules.

“Whenever a senior civil servant leaves the Civil Service there is always a process that they have to go through, that is the process she is going through, quite rightly.”

Sir Keir also suggested that the government is “trying to resurrect a story about Sue Gray” days before the local elections on 4 May.

Sir Keir added: “Maybe because they don’t want to talk about the cost of living crisis, which actually is the thing that most people are most concerned about.”

In a recent evidence session with the Privileges Committee, Mr Johnson repeatedly questioned the fact that Ms Gray had recently announced her move to Labour and questioned the veracity of her evidence.

Labour’s Harriet Harman, who is chairing the inquiry, said the committee was not relying on any material from Ms Gray’s report and that the civil servant had not been called on to be a witness.

The Cabinet Office update on Tuesday on the circumstances surrounding her resignation will inform a decision made by the appointments watchdog ACOBA, which will collect its own evidence and then suggest how much time Ms Gray should take on gardening leave before joining Labour as Sir Keir’s chief of staff.

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