Esher and Walton’s Dominic Raab told Andrew Maar on the BBC that it would be “unusual” for police to investigate “things” that happened a year ago.
Shadow Justice Secretary and Croydon North MP Steve Reed says Mr Raab “doesn’t understand how justice operates in our country”.
A clip of Mr Raab making the comment has been liked almost 7,000 times on social media.
The government denies any rules were broken.