Govt publishes draft legislation on conflicts of interest 

The Gibraltar Government will today publish a command paper on standards in public service and conflicts of interest, as it seeks feedback on draft legislation aimed at implementing recommendations made by Sir Peter Openshaw in the McGrail Inquiry report. 

The Bill has been drafted in a private capacity by Daniel Greenberg, the Parliamentary Commissioner for Standards in the House of Commons. 

The proposed legislation makes provisions about the standards of public life, and the principles and rules to be applied by public officials including ministers and MPs in the performance of their functions. 

They include provisions about registering and declaring interests, accepting gifts and hospitality, the conduct of public business and the management of conflicts of interest.  

The draft legislation also requires a Ministerial Code to be published and provides for the appointment of an independent Commissioner of Standards in Public Life.  

The Commissioner will be appointed by the Governor, in accordance with the advice of the Specified Appointments Commission, for a period of three years that can be extended for another three. 

The Commissioner will be independent in the exercise of functions and may initiate investigations either arising from a complaint or of their own motion, and even if the matters investigated are subject to criminal or civil proceedings.  

The Bill sets out in law the seven standards in public life known as the Nolan Principles, which include openness; accountability; honesty; integrity; objectivity; selflessness; and leadership.  

The overall aim of the proposed legislation is to ensure that public business is transacted “transparently, accountably, reasonably and fairly”. 

An earlier draft of the Bill was first discussed with a wide cross-section of public officials, statutory bodies, law enforcement agencies and representatives of the business community in a series of meetings in early February.  

The consultation included a meeting with the Opposition.  

The original Bill has already been amended following feedback received at those meetings, as well as written submissions received since.  

Express provision has been made, for example, enabling the Chief Minister to exclude from the operation of the legislation public bodies such as regulators if the Government is satisfied they already operate appropriate arrangements to address issues relating to the conflict of interests and standards in public life.     

Powers are also provided enabling exemptions of specified classes of public official from requirements to register and declare interests, which could include exempting volunteer members of statutory authorities or boards.   

The Government said it was now extending the consultation to the wider public by publishing the Bill as a command paper, with the deadline for responses being April 10. 

It aims to formally publish the Bill by April 17, within the 100 days set out by the Chief Minister in his address of January 7. 

“I am very grateful to Daniel Greenberg CB for having worked with Michael Podesta of the Government Law Offices to produce this complex Bill in a short time,” Chief Minister Fabian Picardo said.   

“The Canadian model proposed initially is not workable for Gibraltar.” 

“This is therefore a bespoke model for our circumstances which may become the standard going forward.” 

“I am also very grateful for those that have already provided feedback and who have taken to time to consider the first draft of the Bill.”  

“I look forward to feedback from the wider public consultation which the Command Paper procedure, which we introduced after 2011, will now produce.” 

The command paper can be found at www.gibraltarlaws.gov.gi/command-papers