MPs signal appetite for statutory consultation on Ombudsman appointments, backing Wendy Cumming for role

The Gibraltar Government and the Opposition both said they would support legislative change to require the Chief Minister to consult the Leader of the Opposition prior to the appointment of a new Ombudsman.

Chief Minister Fabian Picardo and Keith Azopardi, the Leader of the Opposition, made the comments during a debate on a motion in Parliament on the appointment of GGCA president Wendy Cumming as the next Ombudsman. The motion was passed unanimously.

Although the law does not require consultation, Mr Picardo had spoken to Mr Azopardi ahead of making the appointment.

“He stressed at the time that it was not consultation, it was information, because, of course, consultation is not something that is required as a matter of process,” Mr Azopardi said.

“It perhaps… is something that we might want to change, and that perhaps consultation of the government with the Opposition is something going forward that can be reflected in the legislation.”

“But it's not for now. It's just a thought I have on this issue.”

Mr Picardo said he agreed with Mr Azopardi on the issue of consultation.

“That's why I rang him, although I didn't have to, because I thought it was important that posts like this should enjoy the benefit of a de facto consultation,” he said.

“Although a consultation does not require agreement. And after a consultation, a person who is required to consult may take the view that despite protestations from the other individual, he is going to continue with the proposed appointment.”

“Or indeed might take the view that if there are protestations from the other individual, and they include considerations that had not been brought to his or her attention at the time, that he wants to change the position.”

“But I tend to agree that the practice I have followed, which was not followed by them when they were in government, is the practice that is commendable and should be reflected in statute, not just in the practice of a GSLP/Liberal Chief Minister, but in the practice of all future Chief Ministers even if, perish the thought, one of them were ever to be from the GSD.”

During the debate, MPs expressed fulsome support for the appointment of Ms Cumming as Ombudsman, and expressed thanks to Dr Ron Coram, who currently holds the post but had indicated to the Chief Minister that he was ready to stand down.

“He has done sterling work, as have all our previous Ombudsmen, and he is in the process of completing certain surveys which will enable the government to assess how e-government is working, in particular in relation to our elderly citizens” Mr Picardo said.

“I thank him and the team that has supported him for the work that he has done in his tenure.”

Mr Azopardi added: “Being ombudsman is not an easy task, especially when dealing with so many issues of concern that people have and dealing with government departments.”

“And Ron, who has had years of experience, has indeed undertaken his task energetically and efficiently.”

Ms Cumming, Dr Coram’s successor, will start her new role in May and will leave both her role as GGCA president and her status as a civil servant.

Ms Cumming worked in government service first as an investigating officer in the Office of the Ombudsman, and then as a Crown counsel before becoming the president of the GGCA union in 2015.

“She therefore knows the inner workings of the civil service, both as a civil servant and, indeed, as the leader of the union of civil servants,” Mr Picardo said.

Mr Picardo said she had “… all of the qualities necessary to be an excellent Ombudsman for Gibraltar to discharge the functions that that office requires, to hold the respect of the community in an office that needs to enjoy the support, not just of this Parliament on its passing of a resolution today, but also of the whole community, who will bring problems with the administration to her attention and to those of her investigating officers and supporting staff, who will enable us to learn where the administration is getting its interaction with the public wrong and where we are getting it right to and how we need to fix that.”

The sentiment was echoed by Mr Azopardi.

“She has had a distinguished service, not just as a civil servant, but at the head of the civil service union,” the Leader of the Opposition said.

“And in that role, she has been an advocate for her members, and at times fearlessly so, taking on the government which, of course, is an important role that she would now have as Ombudsman.”

“If she applies the same skill that she has in defending her members, I'm sure she will represent and fulfil her tasks as Ombudsman in a very good way.”

GSD MP Damon Bossino also welcomed the appointment.

“I think she has the quality as an individual, the intellect, and she will bring the independence of mind and approach which my Honourable friend has referred to,” he said.

“She also has the passion and will bring vigour to the job, which I think is very important in discharging what will become her statutory responsibilities.”

“I think she will also bring a reasonableness in her approach.”

“She can always see the other side and she will come to a reasonable position on things.”