Openshaw recommendations ‘top priority’ for steering group on police governance reform 

Implementing the Openshaw Report’s recommendations on police governance and operations will be the top priority between now and the summer for the Police Governance Reform Steering Group. 

The group met last week for the second time since it was set up last October by the Governor, Lieutenant General Sir Ben Bathurst, and Chief Minister Fabian Picardo. 

The meeting focused on consideration of the specific recommendations made by Sir Peter Openshaw, the chairman of the McGrail Inquiry, many of which relate to the governance of the police. 

“The Steering Group concluded that in the short term - until summer 2026 - its priority will be the implementation of the Chair of the McGrail Inquiry’s recommendations on the governance of the RGP and on RGP operations, along with associated laws,” No.6 said in a statement.  

“Responsibility for the implementation of each of the relevant recommendations has been assigned to relevant stakeholders, namely the Chair of the Gibraltar Police Authority [GPA)], the Commissioner of the RGP, and His Majesty’s Government of Gibraltar.”  

“Efforts to implement the recommendations are already underway in earnest, with several already having been successfully implemented by HMGoG and the RGP.” 

“It was agreed to form a subcommittee of the Working Group to assist in the process of implementing the remaining recommendations.” 

Among the recommendations already implemented are ones on ones relating to the taking of “proper and accurate” notes of meetings, and ensuring those involved in any substantive decision go through a checklist to identify any potential conflicts of interest. 

Other recommendations already adopted include the use by RGP officers of templates for applications for search warrants; that these templates should be adapted as necessary depending on the circumstances of any specific case; and that approval by senior officers of draft applications should be seen not as a formality but as a safeguard. 

The Steering Group “necessarily” consists of those elected and appointed officials who are responsible under the Constitution for the law and policy related to the police, along with police operations, without whom the McGrail Inquiry Report recommendations could not be implemented.  

Members include the Governor; the Chief Minister, the chair of the GPA, currently Peter Montegriffo; the Minister for Justice, Nigel Feetham; the Attorney General, Michael Llamas; Commissioner of Police Owain Richards; and Samantha Sacramento, the chair of the working group. 

However, the Steering Group intends to consult widely on all relevant opinions on the governance of the RGP. 

The meeting last week heard from Christian Rocca, the Director of Public Prosecutions, and Crown counsel Michael Podesta, who attended in an advisory capacity as subject matter experts. 

The group agreed that future meetings would be briefed by other experts as required, and that His Majesty’s Inspector of Constabulary and Fire and Rescue Services [HMICFRS] would be invited to brief the Steering Group and conduct an interim visit to both the RGP and the Gibraltar Defence Police. 

The Steering Group said it remained committed to exploring other models for longer-term reform of the governance of the RGP, adding this will continue concurrently with work underway on the Inquiry recommendations.  

Samantha Sacramento, a former Minister for Justice who heads a working group set up by the Steering Group, updated the meeting on her consultations and attendance at the UK’s Conference of Police and Crime Commissioners on the UK’s forthcoming intent to reform the governance of the police.  

The working group led by Ms Sacramento is tasked with analysing the existing Police Authority model, researching alternative governance models and making proposals to the Steering Group. 

“Wider reform will require cross-party support and therefore is likely to be implemented after the next general election,” the group said in the statement. 

The Governor, Sir Ben, said: “As I have constitutional responsibility for internal security (including the police), I am co-chairing the Steering Group with the Chief Minister who is responsible for resourcing the Royal Gibraltar Police.” 

“Along with the Chair of the Gibraltar Police Authority and the Commissioner of the RGP, with advice from others, including the Attorney General, we are committed to implementing the McGrail Inquiry recommendations by summer 2026.”  

“We are consulting widely with relevant subject matter experts. We also invited His Majesty’s Inspector of Constabulary to visit shortly.” 

The Chief Minister said he remained committed to the “safety and security” of Gibraltar. 

“As I said in my New Year’s message, I am completely committed to implementing the 29 recommendations put forward by Sir Peter Openshaw, the majority of which related to the governance and operations of the Royal Gibraltar Police,” he said. 

“Whilst responsibility for policy and operational police delivery lie outside my Constitutional remit, the collective working of the Steering Group is the body which enables us to consider all aspects holistically.”  

GPA chair Mr Montegriffo said: “There are multiple recommendations from the McGrail Inquiry report that relate to the Gibraltar Police Authority.” 

“I am chairing a meeting of the GPA this month to take the views of members on how we will implement these by summer 2026.” 

“I was also interested to hear of the changes that the UK is looking into for governance of the police, though in the longer term we must adopt a system that works for Gibraltar, reflecting our local context without compromising effective oversight and accountability.” 

The Commissioner of the Royal Gibraltar Police, Owain Richards, said: “As the operational lead for the RGP, I advised the Steering Group on the progress that has already been made to date on the recommendations of the McGrail Inquiry Report that relate to the operational aspects of policing, as well as the work that is currently underway on cross cutting issues.” 

“I welcome the decision to invite His Majesty’s Inspector of Constabulary to visit the RGP and talk to the Steering Group.” 

BACKGROUND 

The primary aim of the Steering Group is to provide top-level strategic oversight for the reform of the governance of the RGP, bringing together all those with a constitutional responsibility for, and a stake in, the governance of the RGP.  

The aim is to ensure a unified approach where everyone concerned plays their part in the process.  

The Steering Group provides a forum to analyse and discuss ideas for reform of the governance of the police in Gibraltar, and how better to align current arrangements for accountability, responsibility, and resourcing.  

The Steering Group will then conclude on areas of desired reform, establish priorities and set timeframes for change.   

Civilian policing in Gibraltar is governed under the 2006 Police Act which coincided with the introduction of the 2006 Constitution.  

The governance arrangements adopted at the time are still in place nearly 20 years later and involve various aspects prevalent in the UK at the time, including the Police Authority model.  

However, the UK subsequently replaced the Police Authority model with elected Police and Crime Commissioners [PCC]. Exceptions are the Metropolitan Police Service, governed by the Mayor of London, and the City of London Police, who have retained a Police Authority.  

The UK is embarking on another round of Police Governance reform with a White Paper expected shortly.  

PCCs are due to be abolished at the end of incumbents’ terms in 2028.  

While the Steering Group is studying the UK model and said it may be “potentially relevant”, it believes Gibraltar’s situation should be looked at “holistically” and is working to that end. 

“The Steering Group will consider the implications of continuing with the current Police Authority model, adapting it, or looking to models used in the UK and elsewhere which may be suited to Gibraltar,” the group said in the statement.  

“As demands on policing increase and become more complex, the members of the Steering Group recognise the need to improve the alignment of accountability, responsibility and resourcing, to ensure that Gibraltar remains safe and secure.” 

“The work is being approached with an open mind on what the eventual outcome might be and how change might occur over time.” 

At the core of the UK approach to police governance is ensuring a clear line between policy and operations. 

While policy direction is legitimate and necessary for democratic accountability, operational interference is impermissible, as it would undermine impartial law enforcement.