GSD says draft conflicts law is ‘toothless and overly bureaucratic’ 

The GSD said the recently published draft law on conflicts of interest is “heavy on bureaucracy” but “low” on ensuring conflicts are restricted. 

In a statement, the Opposition said the draft law was “weighed down by layers of administration” that would “hamper rather than ensure” conflicts are prevented and penalised.  

“As such the draft law will fall well short of what is necessary to avoid a repetition of the excesses that we have seen under this GSLP Government,” the GSD said. 

The statement said a future GSD government would ensure “robust controls” on conflicts of interest based on the Canadian law and “tougher rules” that prevent abuse.  

The draft legislation stems directly from the recommendations made by Sir Peter Openshaw, the chairman of the McGrail Inquiry.  

In his final report, Sir Peter found that Chief Minister Fabian Picardo behaved in a “grossly improper” manner on several occasions and attempted to interfere in a live criminal investigation, although there was no actual interference.  

That police investigation was into circumstances that arose after a company called 36 North, in which Hassans and, through them, the Chief Minister held stakes, had vied for a lucrative public contract related to Gibraltar’s security system.  

The Inquiry Chairman recommended that conflicts of interest legislation be introduced to guard against issues he had found – some of which are being challenged by Mr Picardo through judicial review - and that the Canadian conflicts of interests law be used as a model.  

“The law as drafted is insufficient and in many ways will simply be a toothless and overly bureaucratic machinery creaking under the administration it envisages but without achieving the objective of properly curbing conflicts,” said Keith Azopardi, the Leader of the Opposition. 

“It is weak and deficient in a number of key respects that seem engineered by the Government to castrate and hamper its effectiveness.” 

“That speaks to the obvious GSLP Government’s decision to pay lip service to but undermine the substance of the Openshaw Report.” 

“It is far removed from the precision of the Canadian Conflicts law that would explicitly and much more clearly prevent people from abusing conflicts situations.”  

“I make clear that a future GSD Government will use the Canadian law as a template for further reform in Gibraltar.” 

“That is precisely what Sir Peter Openshaw recommended.” 

“What the GSLP Government are doing in spirit and substance is to make a mockery of the Openshaw Report.” 

“The GSLP/Libs are arguing that the Canadian model recommended by Sir Peter Openshaw should not be followed for Gibraltar because the Government feel it is inappropriate.” 

“But is it a case of inappropriate or inconvenient because the Canadian model would not allow some of the conflicts that their GSLP draft law would allow?” 

“We will be setting out our views on this draft Bill in detail when we debate this in Parliament.”