Transparency International says UK should intervene if Govt proceeds with Inquiries Bill

Transparency International said on Thursday that the UK Government should intervene to safeguard the integrity of Gibraltar’s governance should the Gibraltar Government press ahead with the Inquiries Bill 2024.

The Government has indicated it intends to proceed with the Bill during this session of Parliament, which reconvenes today at 3pm, despite a battery of criticism both in Gibraltar and in the UK.

The Government says the legislation largely mirrors the UK Inquiries Act and seeks to modernise Gibraltar’s existing laws, which date back to 1888.

But the new legislation, which would apply to the McGrail Inquiry, would give the Government powers to end or suspend the Inquiry, although it has stated repeatedly it has no intention of doing so, dismissing too any suggestion of interference.

The new legislation would also allow the Government to restrict information from the public – though not from the Inquiry chairman, Sir Peter Openshaw, or lawyers for the core participants – if it thought this to be in the wider public interest.

The GSD has called on the Government not to proceed with the Bill and has also tabled an amendment to stop it applying to the McGrail Inquiry under transitional arrangements that are not present in the UK Act.

Transparency International had already raised serious concerns about the Bill and the Government’s plan to approve it in Parliament using powers to fast-track urgent legislation, just weeks before the McGrail Inquiry is due to start on April 8.

On Thursday, Steve Goodrich, Head of Research and Investigations at Transparency International UK, said the Government had not provided “a cast-iron guarantee” that it would not end or delay the Inquiry, and that Chief Minister Fabian Picardo, in a GBC interview, had signalled there might be situations where public access to certain information might have to be restricted.

Mr Picardo stressed that would only happen if the wider public interest required it, and that the Inquiry chairman and lawyers would still be able to see and address any restricted information.

“It will not stop and will not be designed to stop [Sir] Peter Openshaw, as chairman of this inquiry, from seeing that evidence, or [Mr McGrail’s lawyer] Adam Wagner…in representing Mr McGrail, analysing and making submissions about that information, and the ruling being able to deal with that information,” Mr Picardo said in the GBC interview.

“So the inquiry is not going to be affected.”

“[But] what people might be able to hear or see, because the inquiry might have to go in camera on some occasions, might be restricted.”

But Transparency International said the Bill and its timing raised a conflict of interests.

“The sum of these changes tips the balance of power firmly away from Sir Peter Openshaw and towards the Government of Gibraltar,” Mr Goodrich wrote in an analysis article posted on Transparency International UK’s website.

“This is particularly problematic when senior members of the government bringing forward this law are also under the current Inquiry’s spotlight.”

“That the Chief Minister will be subject to questioning as part of proceedings, and may well be embarrassed by material disclosed through them, presents a significant conflict of interests.”

“It’s like a player deciding just before kick-off that they not only want to move the goalposts and change the rules of the game, but also appoint themselves as referee.”

“That he has failed to recognise this is testament to how serious the current situation has become.”

And Mr Goodrich concluded: “In the absence of common sense taking hold and the Government of Gibraltar withdrawing the Bill, the UK Government should take the highly unusual step of intervening in order to safeguard the integrity of Gibraltar's governance.”