Transparency International warns against ‘undermining’ McGrail Inquiry, but ‘without cause’ according to No.6

Transparency International UK raised concerns on Tuesday about the Gibraltar Government’s plan to update legislation governing public inquiries just weeks before the start of the McGrail Inquiry on April 8.

In a statement, the anti-corruption watchdog questioned the timing of the Bill for a new Inquiries Act and the Government’s intention to pass it swiftly.

The Bill is set to be passed during this week’s session of Parliament, using powers for urgent legislation to bypass the normal six-week wait for Bills to be debated in Parliament.

Transparency International warned against any threats to the independence of the McGrail Inquiry that could “severely undermine” confidence in Gibraltar’s governance.

The intervention drew a swift response from the Government, which said Transparency International had no cause for concern.

No.6 Convent Place said it had no intention to stop or delay the McGrail Inquiry using new powers in the proposed legislation, a draft of which was published last week. The powers to end or delay an inquiry were “identical” to those in UK law, it added.

No.6 Convent Place said the legislation was “a direct copy” of the UK’s 2005 Inquiries Act and was being updated now to provide the McGrail Inquiry and future inquiries with a “tried and tested” modern legislative framework. Gibraltar’s existing legislation dates back to 1888.

No.6 added that it was the Government itself that had convened the McGrail Inquiry in the first place “to provide detailed transparency of the relevant issues”.

CRITICISM

The McGrail Inquiry is tasked with probing the reasons and circumstances leading to the controversial early retirement in June 2020 of former police Commissioner Ian McGrail, after a 36-year career and halfway through his term in the top post at the Royal Gibraltar Police.

In preliminary hearings, Mr McGrail’s lawyers have 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 a live criminal investigation.

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 the Chief Minister but, crucially, of the then Governor, who was the only person with the power to ask him to resign.

Publication of the Bill so close to the McGrail Inquiry has already drawn criticism from the GSD, which said the draft legislation also includes provisions to restrict the disclosure of material.

The GSD says the Bill should not be passed at this time and that the Government should do nothing that might “potentially or by perception” appear like interference.

On Tuesday, Transparency International echoed those concerns and said the timing of the Bill raised suspicion that it was intended to undermine the McGrail Inquiry.

“The purpose of this inquiry is to establish the facts surrounding the early retirement of Gibraltar’s former Police Commissioner,” said Daniel Bruce, Chief Executive of Transparency International UK.

“Proceedings are due to start in earnest this April, which include hearing serious allegations of corruption that reach the highest level of office in this British Overseas Territory.”

“Any attempt to fetter the independence of the inquiry, obstruct its timely progress, or unduly influence witnesses would severely undermine confidence in the quality of Gibraltar’s governance.”

“Due process must take its course without fear or favour.”

‘NO CONCERN’

In responding to Transparency International’s statement, the Gibraltar Government sought to explain its reasoning for publishing the Bill now.

“The Government considers that it is appropriate to make these amendments now in order to ensure that the processes and procedures for the current McGrail Inquiry, and all future inquiries, enjoy a clear statutory footing in more modern legislation that reflects the well-established, tried and tested law and practice in the UK,” No.6 said in the statement.

“The Government does not consider that this creates any reason for concern at all, let alone in respect of transparency given that the Government has convened the current McGrail Inquiry, as it does all inquiries, to provide detailed transparency of the relevant issues.”

“Additionally, it should be noted that the new legislation would not in any way fetter the independence of the current McGrail Inquiry, in any way obstruct its progress or in any way influence – unduly or otherwise – any witness, let alone undermine confidence in Gibraltar’s excellent standards of governance, which are an example in every respect.”

The Government said it did not accept that the introduction of an Act replicating the law applicable in the UK was “capable of amounting” to “interfering with the independence of an existing inquiry”.

And it added that the Government was clear that “there has been no ‘corruption at the highest levels of the Government of Gibraltar’ and has, reflecting transparency, itself called the inquiry to investigate such allegations as have been made.”

“The Government believes that the Inquiry will demonstrate that and all of the facts which led to the Chief Minister and the former Governor losing confidence in the then Commissioner of Police.”

“It would not be appropriate to say more at this stage, but it is important to reflect that the statement from Transparency International and other individuals are not accurately reflecting that the McGrail Inquiry is an inquiry into the reasons and circumstances leading to Mr McGrail’s decision to retire following discussions with the former Governor and not into anything else.”