Police governance reform aims for ‘democratic accountability’ alongside ‘operational independence’ 

The Gibraltar Government has unveiled plans for a deep reform of the framework for police governance that seeks to strengthen democratic accountability for strategic and resourcing decisions, while protecting the operational independence of the Royal Gibraltar Police. 

The plans are set out in a White Paper prepared by the Steering Group on Police Reform and published today for public consultation ahead of draft legislation to amend the Police Act 2006. 

They have been endorsed, and in part shaped, by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, the independent UK body that oversees the efficiency and effectiveness of police forces. 

“The proposals reflect a modern policing governance model, bringing enhanced democratic scrutiny and accountability while maintaining the operational independence of the Commissioner and the Royal Gibraltar Police,” said Lee Freeman, a veteran senior UK police officer who currently serves as His Majesty’s Inspector of Constabulary, Fire and Rescue Services. 

“This mirrors principles that underpin policing governance across England and Wales, where clear accountability to the public sits alongside an independent operational police service.” 

“In my professional view, as one of His Majesty’s Inspectors of Constabulary, Fire and Rescue Services, these reforms will strengthen transparency, legitimacy and public trust in policing in Gibraltar and provide an effective response to the findings of the McGrail Inquiry.” 

CLEARER BOUNDARIES 

The proposals stem from the recommendations made by Sir Peter Openshaw, the chairman of the McGrail Inquiry, who identified the need for clearer boundaries between democratic governance, the legal and regulatory framework, independent scrutiny and operational policing. 

They foresee the creation of the Gibraltar Police Council [GPC], the appointment of a Minister for Policing and a better-resourced Gibraltar Police Authority [GPA] to bolster independent scrutiny. 

The GPC will be chaired by the Governor, Lieutenant General Sir Ben Bathurst, who led the Steering Group’s discussions and the preparation of the White Paper, and retains constitutional responsibility for internal security including the police. 

“[The proposed framework] gives us the clarity that Sir Peter Openshaw, in his recommendations, pointed to being failings in the past, and we now have a very clear-cut delineation as to who does what in relation to the police,” Sir Ben told the Chronicle.  

“And the key principle of governance of the police is about who sets the strategic priorities, the plans and the resources on one side, and then who actually runs police operations on the other, and in between having a robust body for scrutinising and then having some escalation mechanism for where inevitably there'll be some blurring of the boundaries.” 

The Chief Minister, Fabian Picardo, said the White Paper delivered on the Government’s commitment to implement all of Sir Peter Openshaw’s recommendations following the Inquiry. 

“Substantial work has already been done and these proposals set out how policing in Gibraltar will be governed in future, with a dedicated Minister for Policing, a Gibraltar Police Council as a structured forum for strategic discussion, and a strengthened Police Authority,” he said. 

“I am grateful to the Steering Group and all those who have contributed to this work. The Government remains fully committed to seeing these reforms through and I encourage everyone with a view to take part in the consultation, so that the final arrangements serve the whole community.” 

GIBRALTAR POLICE COUNCIL  

Under the proposed structure the GPC, modelled on a similar basis to the Gibraltar Contingency Council, will bring together the Governor as chair, alongside the Chief Minister, the Minister for Policing, the chair of the GPA, the Commissioner of Police, the Attorney General and the Chief Secretary. 

Its meetings will be properly recorded and will replace the current system of undocumented bilateral discussions between the Commissioner and the other players. 

The GPC will discuss “major governance issues, not direct operations”. In situations where there is disagreement at lower levels as to whether a matter crosses the boundary between operational responsibility and strategic governance, the GPS will discuss the issue after which the Governor may issue a reasoned determination to resolve it. 

“The Governor will retain constitutional responsibilities for internal security and the integrity, probity and independence of the RGP,” the White Paper says. 

“The Governor’s constitutional position is unchanged and he remains the ultimate safeguard with the GPC creating a more constructive and efficient way to exercise governance.” 

The Governor will continue to appoint the Commissioner on GPA advice after open recruitment, consulting the Chief Minister and with possible external recruitment support.  

Revised suspension and removal procedures will implement McGrail Inquiry recommendations.  

This includes Sir Peter Openshaw’s recommendation that the GPA, having initiated the process in consultation with the Governor or the Chief Minister, should investigate; that the grounds and procedures should be made clearer; that the Commissioner should receive written notice of the case; that adequate time is allowed to make representations and a reasoned decision; and that the Governor and Chief Minister will both agree the outcome.  

Where the GPA or other authorities are in default, the Governor’s reserve power should be retained subject to procedural safeguards. 

The new role of Minister for Policing will provide “…the principal line of democratic accountability for policing outside the Governor’s constitutional responsibilities.,” the White Paper states. 

It follows a recommendation from HMICFRS that policing should be separated from the Minister for Justice’s responsibilities, where it currently sits. 

The new portfolio will include political responsibility not just for policing but also for fire and ambulance services and civil contingencies. 

The minister will not be a part of the operational chain of police command, which remain the sole responsibility of the Commissioner of police. 

The ministerial responsibility will be to agree in Cabinet the strategic objectives and priorities for policing in Gibraltar, develop the policing plan including costing and resources, and set objectives and performance measures. 

In doing so the minister will draw on advice from the GPA and the RGP before finalising the plan, producing an annual report to Parliament on performance complete with an independent section prepared by the GPA. 

INDEPENDENT SCRUTINY 

The GPA will be retained as the independent statutory body required under the Constitution, focused on independent advice and scrutiny, community engagement, complaints oversight, and responsibilities in the appointment and removal of the Commissioner. 

“The GPA’s programme of work may include the way police powers and technology is used, perspectives on community confidence, complaints, custody, equality and other matters of public concern but it should not involve operational control,” the White Paper states. 

The Authority will no longer carry primary responsibility for preparing the policing plan, which in the new structure will be handled by the Minister for Policing as the elected representative of the community. 

The new framework seeks to ensure that the policing plan’s design is properly supported by resources allocated by an elected minister. 

“If you divorce the writing of the plan from the allocation of resources, you're always going to have a problem,” Sir Ben said. 

The GPA will have resources proportionate to its role, including access to independent legal advice where needed, and its secretariat and executive support must be independent to the Minister for Policing. 

It has already implemented recommendations made in the McGrail Inquiry report, including strengthening meeting and conflicts procedures, including annual declarations of interest by GPA members, conflict-of-interest reminders as a standing agenda item, and the recording of GPA meetings and communications. 

These procedural safeguards have been incorporated into a revised Governance and Conflicts Code adopted earlier this year. 

Complaints will continue to come under the GPA but regulations, which have not been updated since 1991, will be revised to clarify and strengthen the system. 

The RGP Professional Standards Division will deal with routine and lower-level complaints, while serious matters will be referred to the Police Complaints Board under clear referral criteria and the GPA will retain independent oversight of the system and use emerging themes in its scrutiny work. 

The Minister for Policing will remain outside individual complaints, conduct decisions and investigations. 

“The GPA welcomes the progress made on these reforms and the opportunity to contribute to shaping the new governance arrangements,” said Peter Montegriffo, the GPA chair. 

“We particularly welcome the recognition of the GPA’s independent advisory and scrutiny role and the importance of ensuring we are properly resourced to discharge our responsibilities effectively.” 

“This will also involve strengthening the police complaints framework, alongside the Commissioner’s reforms to professional standards.” 

“Our shared objective must be to reinforce accountability, provide robust independent scrutiny, ensure operational independence and thus enhance public confidence in policing.” 

PROTOCOL 

A key element of the proposed changes will be a Police Protocol that will be drawn up and will set out the roles, responsibilities and limits of the Chief Minister, the Minister for Policing, the GPA and the Commissioner, along with the role and limits of the GPC and the constitutional responsibilities of the Governor.  

The Policing Protocol will also cover the distinction between the Government’s strategic objectives, priorities, plans and resource allocations as well as the legal and regulatory framework established by the Government and Parliament.  

It will set out the Commissioner’s responsibility for professional police policy and operations and in doing so will be clear that the Government will not be involved in individual operations, investigations, complaints, conduct matters and personnel decisions.  

“The Policing Protocol will set out the boundary tests that are to be applied when a proposed action may affect operational responsibility,” the White Paper says.  

It will also cover information-sharing, consultation and recording requirements, including minuting of significant engagements, as well as the Government and Commissioner’s duty to respond to its recommendations. 

“The Policing Protocol will highlight the escalation route from the minister and Commissioner, through the GPA and GPC, to a reasoned determination by the Governor,” the White Paper says, adding HMICFRS will be asked for its views once the protocol is ready. 

OPERATIONAL RESPONSIBILITY 

As a member of the Steering Group, police Commissioner Owain Richards said he was able to share his policing experience in Wales and England as the new framework was shaped. 

“I've been consistent throughout that whatever model is decided upon, the operational responsibility and the direction and control of the force rests with the Commissioner and the RGP, and there cannot be any political interference in relation to investigations, arrests,” he told the Chronicle. 

Mr Richards said that while “there is no perfect model”, he was satisfied that the framework set out in the White Paper achieved the necessary democratic accountability and independent scrutiny, while ensuring police operational independence. 

“The White Paper is very clear that the sole operational responsibility is distinct from democratic accountability,” he said. 

Mr Richards said police officers had extensive powers including being to remove a person’s liberty, and as such it was right that there should be proper accountability and support for the use of those powers, alongside scrutiny. 

“But there is a separation between the RGP's ability to conduct policing operations and deploy our resources to conduct investigations, to being held to account on our strategic priorities and be scrutinised for how we discharge our powers,” he said, adding he welcomed scrutiny “because that’s what creates legitimacy”. 

In parallel to the wider police governance reform, the RGP will also be introducing new conduct and performance regulations in the new year, “which will transform how we deal with professional standards, internal complaints, and incompetence, misconduct hearings”. 

“These reforms will provide a clear, fair and transparent framework, reinforce accountability and ensure that the highest standards of professionalism and integrity are understood, expected and upheld across the RGP,” he said. 

The work will complement cultural and structural changes that are already taking place and helping to transform the force, which has also received a boost in resources including the number of uniformed officers. 

Following consultation on the White Paper, responses will be considered in preparing draft amendments to the Police Act 2006.  

The proposed legislation will subsequently be published as a Command Paper, allowing the public and interested parties to comment on the detailed legal provisions before they are introduced in Parliament.