Sir Peter Openshaw’s recommendations

In his report, Inquiry chairman Sir Peter Openshaw made a number of recommendations relating to matters arising from the Inquiry.

On conflicts of interest, Sir Peter said consideration should be given to whether the Canadian Conflict of Interest Act 2006, or similar legislation, was suitable for implementation in Gibraltar.

He suggested too “an emphatic restatement” in law of the principles set out in the Ministerial Code, and consideration to “more precisely define” the role of the Attorney General and when external legal counsel might be instructed.

Sir Peter said “simple checks” should be made before, during and after any meeting at which substantive decisions were being taken or discussed, so as to reaffirm in what capacity attendants were participating, declare conflicts of interest and establish who is taking a note.

“Those attending critical meetings considering public affairs should take proper and accurate notes or meetings, which should be confirmed by a later exchange of emails,” he said.

POLICE ACT

Sir Peter made recommendations too on updating the Police Act to update provisions for the process and procedures to be followed by the Chief Minister or the Governor when initiating a process to ask a police Commissioner to leave the post, and what process or procedure the Gibraltar Police Authority should follow, including when a Chief Minister or Governor claimed to have lost confidence in a Commissioner.

He recommended legislation to ensure such a power only be exercised “for some good, sufficient and proper reason” and that, subject to overriding interests of public safety or security, the Commissioner be given written notice of the reasons relied upon.

He said too a Commissioner should be allowed sufficient time to address allegations against them, including taking legal advice, and that the GPA consider whether allegation can be dealt with by a warning letter.

The GPA should proceed to a hearing only if the allegations “are so serious that there is no alternative”, and a Commissioner should be allowed to address the GPA personally, and those submissions be taken on board before any decision.

He also recommended amending legislation to ensure that if a Governor was to exercise powers allowing the removal of a Commissioner, these be communicated in writing and with sufficient particulars.

Likewise in such a situation, a Commissioner should be allowed sufficient time to make representations in response, and these should be given proper consideration before any decision.

GIBRALTAR POLICE AUTHORITY

Sir Peter also made recommendations aimed at strengthening the role of the GPA.

He said any chair of the GPA must be “sufficiently robust” and have sufficient experience to be independent of the Government and of other powerful influences.

He said the role should be paid and that a “modest payment” should be considered too for GPA members.

Vacancies should be advertised, candidates interviewed and the process transparent, with every member declaring interests at least annually, and confirmed at each meeting.

He said too that consideration should be given to “more adequate resourcing” for the GPA, including administrative assistance, and that GPA members might also benefit from training, particularly on the importance of constitutional independence.

The GPA should also be entitled to publicly funded legal advice and should never consider using powers to ask a Commissioner to step down without independent legal advice.

It should also ensure and update procedural rules on issues such as meeting agendas, minutes, quorum, remote attendance and declarations of interest.

RGP

On the Royal Gibraltar Police, Sir Peter recommended that any application for a search warrant in high profile, sensitive or serious cases, or those involving complex legal issues, should be considered in detail by the Office of Criminal Prosecutions and Litigation.

If needed, experienced independent counsel should be instructed to advise and expert reports obtained at public expense.

If RGP actions are challenged, the force should be able to defend that action either through the OCPL or publicly funded lawyers.

Sir Peter also recommended that the RGP be represented by lawyers in any application for a search warrant in a high profile or serious case, and that the case be listed with sufficient time for a judge to read the application beforehand and properly consider the issues in court.

Such proceedings should be recorded and the judge should engage with the applicant to ensure relevant statutory criteria are properly considered, he added.

He also suggested the RGP’s IT Department needed “urgent reconsideration” to identify areas of improvement.

He also suggested that rules for dealing to drafting and implementing rues under the Inquiries Act 2024 to deal with matters of evidence and procedure.