UK expects swift action over ‘extremely serious’ and ‘deeply concerning’ Inquiry findings, Doughty says

The McGrail Inquiry report contains “extremely serious” and “deeply concerning” findings that must be “urgently addressed”, a UK Foreign Office minister said this week, adding implementing necessary reforms was “firstly” the responsibility of the Gibraltar Government and Gibraltar’s institutions.

Stephen Doughty, the Minister for Europe, North America and the Overseas Territories, nonetheless said the UK Government had been “explicitly clear” it wanted the reforms implemented “quickly and fully”.

Mr Doughty, who has a strong relationship with Gibraltar and was closely involved in the treaty negotiation, was responding to a written question from Labour MP Tom Hayes in the House of Commons.

Mr Hayes had asked how the UK Government intended to respond to findings by Sir Peter Openshaw, the retired UK judge who chaired the McGrail Inquiry, that the Chief Minister had attempted “grossly improper” and “sinister” interference in a live criminal investigation relating to national security.

“Sir Peter Openshaw's report contains extremely serious findings which are deeply concerning, and which must be urgently addressed,” Mr Doughty said in his reply.

“The UK Government takes its constitutional responsibilities very seriously and expects the highest standards of good governance to be upheld in all our Overseas Territories, including in Gibraltar.”

“The Inquiry and the report's findings are firstly the responsibility of the Government of Gibraltar, the Gibraltar Parliament, Judiciary and other local accountability mechanisms and authorities.”

“We have however been explicitly clear that the UK Government expects the Government of Gibraltar to implement the necessary reforms quickly and fully.”

“The UK Government stands ready to support Gibraltar in strengthening its institutions, and to taking any further actions as required to ensure good governance in line with the established constitutional arrangements and our responsibilities.”

The Gibraltar Government had previously stated that all recommendations relating to the Government would be implemented within 100 days of the Chief Minister’s New Year message on January 6.

Separately, the Police Governance Reform Steering Group, co-chaired by the Governor, Lieutenant General Sir Ben Bathurst, and the Chief Minister, is working on recommendations relating to police governance, its top priority between now and the summer.

But the Opposition has criticised the Chief Minister’s involvement in the group given the findings about him contained in the Inquiry report.

The response in the Commons came as Mr Picardo confirmed he had instructed lawyers representing him in the McGrail Inquiry to issue proceedings for judicial review of some of the criticisms of him contained in the final report.

“As I have previously indicated, I have been taking advice on bringing a legal claim to challenge some of the criticisms made of me in the report of the Inquiry into the retirement of Mr [Ian] McGrail as Commissioner of Police in June 2020, which I believe to be unfounded and unjustified, and which I have been firmly advised can be challenged,” Chief Minister Fabian Picardo said in a short statement.

“With the full support of the Cabinet, I have today [meaning Wednesday] instructed lawyers to issue a claim for judicial review in this respect.”

“As is publicly known already, this claim is being funded by the Government in accordance with the applicable established guidelines.”