Govt will publish McGrail Inquiry report in full ‘well before Christmas’, Picardo says 

The McGrail Inquiry report will be published “in its entirety” by the Gibraltar Government, Chief Minister Fabian Picardo said on Thursday, adding that while redactions were possible on national security grounds, he did not anticipate any would be needed. 

Mr Picardo was speaking in Parliament on Thursday morning after the Inquiry confirmed the report would be delivered later that day. 

A hard copy of the report was delivered to No.6 Convent Place at 4pm by the Secretary to the Inquiry, Maurice Turnock. The document was also emailed to Attorney General Michael Llamas, KC, by the Solicitor to the Inquiry, Charles Simpson.  

Under the Inquiries Act 2024, the Government now has a duty to arrange for the report to be published in full, save for any material which may be withheld under the Act’s provisions. 

The Chief Minister said the report would be laid in Parliament “in coming weeks” but did not specify a date. Under the Inquiries Act, the report must be tabled in Parliament at the time of its publication or as soon as possible thereafter. 

Responding to questions from the Chronicle, the Chief Minister confirmed the Government intended to publish the report “well before the Christmas break”. 

Earlier in Parliament Mr Picardo had sought to quash speculation that the Government would seek to withhold the report or redact it heavily, describing this as “utter nonsense”. 

“Of course it is going to be published in its entirety,” he said.  

“If there is a reason to redact a few words, it would be for reasons related to security.”  

“I do not anticipate that there is any reason to redact any words at all whatsoever.” 

“But if there is - because the Government is advised by the police or it’s advised by the Governor or it’s advised by the Attorney General, that there are issues related to national security - I would like to see who is the Gibraltarian who suggests that we should publish it without that redaction.” 

“But I have no reason to believe that there is anything in the report that will now touch upon national security, because the notice that we gave [at the start of the Inquiry] dealt with those issues.” 

And he later added: “Let's put paid to the nonsense that this Government is not going to publish a report or it's going to try and take bits out of the report to protect itself.”  

“It was always utter nonsense.” 

The McGrail Inquiry was chaired by retired UK High Court judge Sir Peter Openshaw and was tasked with establishing the reasons and circumstances for the early retirement in June 2020 of former Commissioner of Police, Ian McGrail, after a 36-year career and halfway through his term in the top post at the Royal Gibraltar Police. 

During the Inquiry, Mr McGrail’s lawyers alleged “misconduct and corruption” at the highest levels of Government, insisting Mr McGrail was “muscled out” after being placed under huge pressure over the conduct of Operation Delhi, a criminal investigation into the alleged “hacking and sabotage” of the National Security Centralised Intelligence System [NSCIS], and into an alleged conspiracy to defraud Bland, the private company that operates the system. 

Those allegations were “denied and roundly rejected” by lawyers for the Government parties, who said Mr McGrail retired because he knew he had lost the confidence not just of Chief Minister Fabian Picardo but, crucially, of the then interim Governor, Nick Pyle, who was the only person with the power to ask him to resign. 

On Thursday, Mr Picardo told Parliament the Inquiry had cost taxpayers “in the region of £8m” and that Sir Peter Openshaw’s report would run to “many, many hundreds of pages”. 

While the exact publication date has yet to be confirmed, arrangements have been made to provide advance copies to core participants in the process. 

“The Chairman and the Government have agreed that fairness requires advance copies of the report to be provided on a strictly confidential basis to core participants who participated in the main inquiry hearing, and individuals who gave significant oral evidence at the main inquiry hearing on key matters,” the Inquiry said in a statement. 

“The Government has also agreed to give due consideration to the Chairman’s recommendation that it would be helpful to provide an advance copy to the press subject to suitable embargo terms.” 

Mr Picardo confirmed in Parliament that he believed media in Gibraltar – he cited GBC and the Chronicle – should be provided advance embargoed copies of the report, though the Government was still taking legal advice on this issue and the timing would be different to that of core participants. 

'PUBLISH IMMEDIATELY AND FULLY’ 

For its part, the GSD welcomed the delivery by Sir Peter Openshaw to the Government of the McGrail Inquiry report, and the Chief Minister’s indication that it would be tabled in Parliament “in coming weeks”. 

“We cannot, at this stage, see any justification in the report not being published in full without any further redactions not conducted by the Chairman and note the statements in Parliament by the Chief Minister that he does not presently envisage a basis for redactions,” the GSD said in a statement. 

Noting too the Chief Minister’s comments that, subject to legal advice, the Government will be providing an advance copy to the press subject on embargo terms, the Opposition asked that the Leader of the Opposition, Keith Azopardi, also be provided with an embargoed copy of the report “at least 48 hours before publication”.  

“As we said in Parliament today this has been a high profile and controversial public inquiry called to investigate serious allegations,” Mr Azopardi said. 

“It was livestreamed for weeks last year and its outcome is of significant public interest given the issues raised.” 

“In the interests of full transparency of this process it is important the report is published immediately and fully.” 

“We call on the Government to do so within a few days.” 

The Government expressed surprise at the GSD statement, adding the Chief Minister had confirmed in Parliament that it would publish the report in full in the coming weeks, “subject only to legal advice”. 

The Chief Minister said he had informed Mr Azopardi personally that he would receive an embargoed copy of the report in advance of publication – Mr Azopardi said this was after the GSD issued its statement - and that the Government remained committed to transparency and would comply with the requirements of the Inquiries Act.

MCGRAIL REACTS 

On Thursday evening, in a statement issued through his solicitor, Charles Gomez, Mr McGrail recalled that he had called for the public inquiry in response to comments made by the Chief Minister under parliamentary privilege, adding that his only wish had been “that the truth be laid bare before the people of Gibraltar”. 

The statement said Mr McGrail had endured “a sustained campaign of disparagement and reputational injury”, and repeated claims that some people appeared to have been rewarded for making “scurrilous allegations” against him. The claims are strongly denied by the Government. 

“Despite this unrelenting ordeal, Mr McGrail remained steadfast in his dedication to justice, his faith in Gibraltar’s constitutional institutions and unerring loyalty to its citizens,” the statement said. 

Mr McGrail expressed his profound gratitude to his family, friends and to all who had supported him throughout, including his solicitors Charles Gomez & Co and his counsel in the Inquiry, Adam Wagner, KC. 

He thanked the Inquiry chairman and his team for the “diligence and care with which they have discharged their solemn responsibilities” and thanked too “the independent media for their excellent coverage of the public hearings”.