HM Government of Gibraltar notes the recent statements by the Leader of the Opposition concerning the potential for a judicial review of findings within the Openshaw Report.

The Government regrets the GSD’s continued attempt to frame a standard procedure on payment of legal fees as a personal matter relating to the Chief Minister, which it is not.

The Cabinet has, in fact, formally resolved that any legal challenge pursued by the Chief Minister against specific findings of the Inquiry will be funded by the Government.

This decision is a direct application of the Crown’s Indemnity, a long-standing principle in both UK and Gibraltar law, which ensures that public officials are protected from personal liability and legal costs arising from the discharge of their official functions.

Consistency with Established Policy

The Government’s position is entirely consistent with the Civil Service Management Code and the HM Treasury "Managing Public Money" guidelines. These regulations mandate that when a public servant—whether a police officer, a civil servant, or a Minister—is criticized in an official capacity for actions taken in the bona fide performance of their duties, the Government is responsible for the costs of their legal defence and any subsequent review of those findings.

A challenge to findings of the Openshaw Report which the Chief Minister may be advised are not based on evidence before the Inquiry, is therefore not a "private crusade."

It is a necessary legal process to ensure that the relevant characterizations of the actions of the Office of the Chief Minister are legally sound and procedurally fair.

To demand that a holder of high office personally fund the defence of their official conduct would set a dangerous precedent, discouraging future leaders from taking decisive action for fear of personal financial cost.

It would also be contrary to the practice applied in respect of Mr Azopardi's GSD colleagues who have had legal costs funded for them in respect of relevant proceedings affecting them.

The Chief Minister, the Hon Fabian Picardo KC, stated:

"The Leader of the Opposition’s suggestion that I should personally fund a challenge to findings made against the conduct of the Office of the Chief Minister is both legally flawed and constitutionally improper. It sets a potentially very dangerous precedent that Keith Azopardi suggests just for the cheap benefit of attacking me in a press release without thinking through the serious consequences such a position can entail in the long term.

"Our policy on indemnifying public officers is applied universally, ensuring that all those who serve Gibraltar—from the police on our streets to the Ministers in Cabinet—are protected when acting in their official capacity, as I was throughout the matters in respect of which I am criticised in the Report.

"This is the position in the UK also.

"Mr. Azopardi’s attempt to treat the Chief Minister differently from any other public servant is a transparent political tactic.

"The principle is clear: if the conduct in question was performed as Chief Minister, the defense of that conduct is a matter for the State.

"We remain committed to the rule of law and the right to ensure that the findings of any inquiry are reached through a fair and accurate process and are appealable as provided for in law."

ENDS