Fierce exchanges as Parliament debates McGrail Inquiry report 

There were two starkly competing narratives in Parliament on Tuesday about what Gibraltar should take from Sir Peter Openshaw’s findings in the McGrail Inquiry report and what should happen next. 

The controversy that has played out in public exchanges since the report’s publication on December 23 came into sharp focus during a debate on a motion to note the report and its recommendations. 

Chief Minister Fabian Picardo argued the Gibraltar Government had delivered “total transparency” by publishing the report “in its entirety and without any redactions”, adding it cleared ministers of corruption or improper interference in the retirement of former police Commissioner Ian McGrail, even as he disputed criticisms directed at him personally and kept open the possibility of a legal challenge. 

The Government, Mr Picardo said, was now focused on implementing reforms recommended by the Inquiry chairman and moving on to priorities including the UK/EU treaty. 

But Keith Azopardi, the Leader of the Opposition, said the report’s “political bottom line” was that Mr Picardo attempted to interfere in a criminal investigation “not once, but several times”. 

He described the findings as “grave” and unprecedented for a Chief Minister, insisting the only acceptable outcome was resignation and the ballot box. 

PICARDO 

In opening the debate, Mr Picardo said the Government had acted in “total transparency” and that it had been published “in its entirety and without any redactions”, adding claims that he might seek to derail the inquiry or withhold sections of the report had been proved unfounded. 

He described those claims as “conspiracy theories” amplified by “the howling pack of pound shop wolves” on social media, adding “absolutely untrue and spurious” suggestions that he might use legal powers to remove criticisms were disproved by the unredacted publication of the report, while noting that “nonsensical criticisms remain and they are not withdrawn”.  

The Chief Minister said he felt “vindicated in many respects” and that he believed there will be “further reason for vindication in future”. 

“It is clear that the report is only one part of a jigsaw puzzle that needs to be fully exposed to the people of Gibraltar,” he told Parliament.  

“A jigsaw puzzle about human rights abuses and allegations of police corruption that, when all is said and done, some traditional warriors for human rights will be seen to have been on the wrong side of.” 

Mr Picardo told Parliament that the Government and other core participants had cooperated fully with the Inquiry, including allowing “unimpeded access” to relevant electronic and non-electronic communications. 

In contrast, he said former police Commissioner Ian McGrail and the former senior management team of the Royal Gibraltar Police had not been “as forthcoming” as required.  

Mr Picardo listed findings that “daybooks went missing, laptops went missing, mobile phones went missing, hard drives went missing”, adding relevant WhatsApp messages between officers were produced only after main hearings had ended, requiring proceedings to be reconvened “at huge additional public expense”.  

He also pointed to findings that covert recordings of meetings had been deleted.  

“Secret recordings of covertly recorded meetings with the Attorney General and other senior officers were found by the Inquiry to have been deleted by Mr McGrail in an attempt to hide the fact that he had carried out those recordings,” he told Parliament.  

Mr Picardo described the implications for public confidence in the police during that period as “absolutely devastating”, even while stressing his confidence in the current leadership of the RGP, including Commissioner Owain Richards.  

“And that is not something that the Government will accept can be swept under the carpet, and it is not something that can somehow be glossed over or swept under the curtain of the criticisms of me,” he said. 

Mr Picardo acknowledged “sharp criticisms” of his own actions were contained in the report but asked people to consider the pressure he was under in 2020, during the global Covid pandemic and before even the New Year’s Eve agreement had been reached for Gibraltar’s post-Brexit future.  

The Chief Minister disputed many of the criticisms levelled at him and said he was advised by Sir Peter Caruana, who represented him in the Inquiry, that they were “legally unsound, unfair and contradictory”. 

He said he was still considering whether to pursue a legal challenge but that any such action “if it is made” must be dealt with in court, not Parliament. 

Mr Picardo said the Inquiry report “completely exonerates the Government” from claims of corruption or improper interference with police investigations.  

He said the chairman found there was “no corrupt or improper interference” by him or his ministers, and that the former Commissioner’s retirement arose following a loss of confidence by the then Governor, who acted in the knowledge of the Foreign, Commonwealth and Development Office.  

“The finding that I tried to interfere, a finding that I dispute, does not displace the finding that there was no interference,” he said.  

Mr Picardo highlighted too that the report did not recommend an apology or compensation for Mr McGrail. 

“This inquiry was commenced by Mr McGrail asking for an apology and damages,” he said.  

“He got neither. Just that speaks volumes.” 

Mr Picardo said the Government was already acting on recommendations, including instructing external counsel to draft a Conflicts of Interest Act, work on the Ministerial Code, and setting a deadline that all recommendations relating to the Government would be implemented within 100 days of his New Year’s message earlier this month.  

He said reforms related to policing were being progressed with the Governor and the Gibraltar Police Authority, with the aim of having measures in place before the summer.  

Mr Picardo said The Government was now looking forward, adding his focus remained on “the ratification and effective implementation of the UK EU treaty” and other domestic priorities. 

“My energy is now concentrated on the final mile of our most important journey, the ratification and effective implementation of the UK EU treaty to secure our post Brexit future,” he said. 

“Whilst others keep looking down to see what they can find in the inquiry report, we're looking up to ensure we're on top of all aspects of the process of kicking off ratification of the treaty.” 

“That is what matters most for our economy, for our future, to enhance and protect our way of life.” 

AZOPARDI 

The Leader of the Opposition, Keith Azopardi, told Parliament that the McGrail Inquiry report contained “unprecedented and serious” findings against the Chief Minister, arguing that the political consequence should be his resignation. 

Speaking during the motion, Mr Azopardi said the Chief Minister’s contribution amounted to “doubling down” on his earlier his public messaging”, criticising him for alleging “police corruption” and describing this as undermining Gibraltar’s institutions.  

Mr Azopardi said the “political bottom line” of the report was that Mr Picardo had attempted to interfere in a criminal investigation “not once, but several times”, describing this as profound and without precedent in Gibraltar.  

He said there should be political consequences and warned other ministers that their vote on a forthcoming GSD no confidence motion in the Chief Minister would test whether they put “party loyalty or rule of law” first.  

“The events of the last few weeks have left Gibraltar in a very stark and dark place, with a Chief Minister found to have attempted to interfere in a criminal investigation, hanging onto power, supported by his ministers,” he said. 

And he later added: “This is a Chief Minister only now in office because ministers have not shown what it takes so far to remove him or think it acceptable to be led by someone who attempted to interfere in a criminal investigation.” 

“Maybe, just maybe, it's because some of the leadership contenders are mired in similar conflicts of interests through their professional association.” 

“Instead, they purport to behave like a dynasty, handing the baton to another of the same conflicted cabal whenever they want.” 

Mr Azopardi said the report made recommendations that the GSD supported, including on conflicts of interest and police governance.  

Those recommendations, he told Parliament, endorsed long-standing GSD calls for stronger regulation of interests, adding the inquiry had revealed “a stack of conflicts” and governance deficiencies.  

But he said the central findings were “damning” of the Chief Minister and quoted the Inquiry report’s description of Mr Picardo’s conduct as “sinister”, as well as “cynical, misleading or unwilling to give straight answers”.  

Mr Azopardi set out a chronology of multiple instances over around 10 days in May 2020 where Sir Peter Openshaw found Mr Picardo acted in a “grossly improper” way in attempting to interfere in a police investigation.  

He repeatedly stressed that the findings were made by a respected judge with extensive experience in criminal trials.  

“The main and most dramatic finding in this inquiry report is that the Chief Minister attempted to interfere in a criminal investigation,” Mr Azopardi told Parliament.  

“Any attempt at rewriting that history is nonsense.” 

And he added: “This is grave. It's grave for our history and it's grave for our history of self-government.” 

“Because no Chief Minister has ever faced such findings.” 

“It's a damning verdict on Mr Picardo's behaviour because such conduct is plainly not acceptable in a Chief Minister.”  

“It's conduct akin to acts attempting to pervert the course of justice.” 

“All in all, the Chief Minister was clearly breaking so many rules that his position is now untenable and he should resign.” 

Citing Sir Peter Openshaw, Mr Azopardi said the Chief Minister’s continued defence of his actions “is not mitigation” and “makes it much worse”.  

Mr Azopardi noted the Chief Minister’s comments on police disclosure but countered that the report showed too that Mr Picardo “was no saint” in that respect. 

He added too that while most of Sir Peter Openshaw’s recommendations related to the RGP, the bulk had been suggested by the force itself. 

And he rejected Mr Picardo’s reference to the absence of a recommendation for an apology or compensation for Mr McGrail, adding the Inquiry chairman had made clear this was not within the remit of his terms of reference. 

He also rejected the suggestion that any legal challenge by the Chief Minister should be publicly funded, arguing that this should be a “private challenge” because the conduct described could not be within ministerial duty.  

On police governance reform, Mr Azopardi said the Opposition could not participate in formal consultations while Mr Picardo remained co-chair of the process. 

He said “…given the findings of the Inquiry report, it is now impossible for us to participate in a formal consultative way in a police governance process.” 

While Mr Picardo remained co-chair of the steering committee tasked with guiding that reform, “…he is in a position of central influence and we refuse to legitimise a process co-steered by a person who has been found to have acted with gross impropriety in the very area of police governance which is the subject of those reform discussions.” 

Mr Azopardi made clear though that he did not advocate intervention by the UK, arguing solutions must be found within Gibraltar’s constitutional framework and ultimately through Parliament or the ballot box.  

Mr Azopardi said the report placed Gibraltar at a crossroads, adding it could not be acceptable for a Chief Minister found to have attempted to interfere in a criminal investigation to remain in office and that Mr Picardo “must go”. 

PICARDO CLOSES 

In closing the debate after contributions from other MPs, Mr Picardo said he stood by his conduct in the events examined by the McGrail Inquiry and repeated that some of Sir Peter Openshaw’s findings might be challenged by judicial review. 

Mr Picardo rejected Opposition claims of “authoritarian government” and said the Gibraltar Government had subjected itself to unprecedented scrutiny.  

He repeated earlier statements on the report’s findings in respect of Mr McGrail, including that he “was lucky not to have been told to go earlier” and that the then Governor had lost confidence in the former Commissioner and had not been manipulated in reaching that conclusion. 

Mr Picardo also highlighted the report’s criticism of procedural failures around the search warrant that was the subject of scrutiny by Sir Peter Openshaw, including that the police investigation related to “an offence that did not exist in law”, even though officers believed it did. 

He said he had argued for a production order rather than a search warrant because privileged material was at stake, adding this was in the wider public interest.  

The Chief Minister said the report as a “coming of age for Gibraltar” but said there were still unresolved issues. 

Mr Picardo said he would not resign over the report, insisting he wanted to complete key work, including ratifying and implementing the Brexit treaty, before stepping down.