Govt publishes Command Paper on reform of police governance 

The Government of Gibraltar has published draft legislation to reform police governance, opening a public consultation on the proposed changes following last month’s announcement of a new framework for accountability and operational independence. 

The Command Paper runs to 35 pages and contains the proposed Police (Amendment) Bill 2026, which would amend the Police Act 2006 and give legislative effect to proposals outlined in the White Paper published on October 26. 

Members of the public and interested organisations have until noon on December 4 to submit comments on the proposed legislation. 

The publication marks the next stage in the reform process, moving from consultation on the governance model to scrutiny of the legal provisions intended to put it into practice. 

The Government said the proposed Bill would implement key recommendations made by Sir Peter Openshaw in the McGrail Inquiry report, alongside wider amendments to the existing policing legislation. 

Those additional changes seek to modernise the Police Act 2006, clarify responsibilities, functions and powers within the governance framework, and facilitate the introduction of new subsidiary legislation. 

The Bill would also introduce other measures which the Government said were necessary for the effective governance and administration of policing in Gibraltar. 

The October White Paper proposed a Gibraltar Police Council chaired by the Governor, a dedicated Minister for Policing and a strengthened Gibraltar Police Authority. 

The proposed division of responsibilities would place strategic priorities, planning and resources with the minister, while leaving operational command with the Commissioner of Police. 

The GPA would retain independent scrutiny, complaints oversight and responsibilities concerning the Commissioner’s appointment and removal. 

A policing protocol, yet to be published, would define the boundaries between those roles, including safeguards against government involvement in individual investigations, operations, complaints and personnel decisions.  

The Governor would retain his constitutional responsibilities and act as the ultimate safeguard where disputes arose over those boundaries. 

The draft Bill would expressly protect the Commissioner’s operational independence, barring any person from directing or controlling police operations, criminal investigations, officer deployments or the exercise of police powers. 

Alongside those safeguards, it would give the GPA powers to require information from the Commissioner and the Minister for Policing, publish findings and commission reviews.  

Both would have to respond in writing to its recommendations, explaining any decision not to accept them, while the Government would have to provide resources reasonably necessary for the Authority’s work, including access to independent legal advice. 

The legislation also sets out safeguards governing any move to require the Commissioner to resign or retire following a loss of confidence.  

The GPA would have to provide written grounds and supporting evidence, allow 21 days for representations and consider those representations before reaching a decision.  

Any requirement to leave would need the approval of both the Governor and the Chief Minister, with the decision and reasons published. 

The Gibraltar Police Council would provide a statutory forum for resolving governance disputes, with the Governor able to issue a written, reasoned determination where disagreement remained.  

The council would comprise the Governor as chair, the Chief Minister, the Minister for Policing, the chair of the Gibraltar Police Authority, the Commissioner of Police, the Attorney General and the Chief Secretary.  

Although expressly barred from interfering in operations, the council could require prior approval of proposed police policies it considered to be of significant public interest. 

The Bill would also provide for a Police Appeals Tribunal and introduce offences covering police impersonation and attempts to induce officers to withhold their services.  

It would also allow the RGP to accept gifts, loans and commercial sponsorship, subject to a register published quarterly in the Gazette. 

The October announcement and White Paper had set out the intended structure and the principles underpinning it.  

The Command Paper now provides the proposed amendments to the Act for public comment before legislation is introduced in Parliament. 

The consultation allows the public an opportunity to examine how the proposed governance arrangements would be expressed in law, alongside the wider changes to the administration of policing. 

The Command Paper is available on the Gibraltar Laws website and a marked-up copy of the Police Act 2006 showing the proposed amendments can also be requested by emailing command.papers@gibraltar.gov.gi, allowing readers to compare the proposed provisions with the existing legislation. 

Comments and submissions should be emailed to the same address or delivered to Command Paper Consultation C02/2026, Office of Parliamentary Counsel, Government Law Offices, 40 Town Range, Gibraltar. 

The deadline is noon on Friday, December 4.