The Cabinet met yesterday afternoon to consider the exercise of powers under section 19 of the new Inquiries Act to issue a Restriction Notice relating to a small and very limited number of references to the National Security Centralised Intelligence System in documents which are before the Inquiry into the early retirement of Ian McGrail.

Given the nature of and the reasons for making a Restriction Notice, it is obviously not possible to provide details of the information covered by the Restriction Notice, since that would defeat the very purpose of issuing it in the first place.

The Government is able to say it has given the Restriction Notice to the Chairman of the Inquiry solely in order to protect and avoid the risk of considerable harm to what the Government considers to be vital public interests of Gibraltar of both a security and wider nature, including its economic interests.

Due to the nature of these public interests of Gibraltar, the Government has offered to brief the Leader of the Opposition on privy council terms, including about the information covered by the Restriction Notice.

The Cabinet meeting was Chaired by the Chief Minister and was attended by all Ministers.

Minister Bruzon attended virtually because he is away from Gibraltar.

The Attorney General also attended the meeting at the invitation of the Chief Minister.

His Excellency the Governor has been informed throughout of the reasons for the Restriction Notice being necessary and essential.

The decision of the Cabinet to issue the Restriction Notice is a unanimous one, with every member of the Cabinet agreeing, after carefully considering all aspects of the issue, that it is essential, in the public interest of Gibraltar, to issue the Restriction Notice to the Chairman of the Inquiry.

The Government can also confirm that the information restricted does not relate to:

• the Chief Minister;
• his actions or inactions, or any matters which have been alleged against him;
• his status as a partner (on sabbatical) of Hassans;
• any partner of the law firm, Hassans;
• any factual dispute between him and Ian McGrail or any other of the matters of controversy referred to in the public exchanges on the Inquiry;
• any information the restriction of which in any way protects the Chief Minister or assists him in relation to the matters being inquired into in the Inquiry. 

The Government can also confirm that:

• The information does not relate to Ian McGrail;
• his actions or inactions;
• any matters which have been alleged against him or any factual dispute between him and the Chief Minister. 

The Government reiterates that the Restriction Notice does not affect the capacity of the Chairman of the Inquiry, the Core Participants in the Inquiry and their respective legal teams to look at all the evidence, including the evidence which is subject to the Restriction Notice. Nor does it affect the ability of the Chairman to take full account of the restricted information when making his findings. The sole effect of the Restriction Notice is to prevent the restricted information being published, including to the world at large outside Gibraltar.

The Restriction Notice is signed by the Minister for Justice. This is in keeping with the undertaking given by the Chief Minister to the Parliament at the time of the debate on the Second Reading of the Bill for the Inquiries Act.

Moreover, the decision to issue the Restriction Notice can be judicially reviewed by interested parties.

The Minister for Justice, Hon Nigel Feetham KC MP, said: “I have said previously that I put people above politics and this is certainly not even about party politics. I have considered this matter very carefully with all my colleagues in Cabinet. We have come to the same, unanimous, conclusion, based on sound legal advice and our careful consideration of our national security and the public interest, that it is necessary and essential that we should issue this Restriction Notice and that I should sign it on behalf of the whole Government to protect our country and protect our people.  I have sworn an oath to protect the Rule of Law and in signing this Restriction Notice I am clear – as are my Ministerial colleagues - that I am acting properly and in keeping with my obligations to ensure that our nation is secure and our interests as a people are protected at this important time.  This was rightly a decision for the whole Government to take, fully appraised of information relating to our national security and our common, public interest.  Ministers are collectively accountable to the electorate and Parliament for the consequences of this decision.  I wish I could tell the People of Gibraltar more, but we must act responsibly in a matter of such national importance.  The easiest thing I could do now is direct criticism at the Opposition for the hugely unfair manner they have treated the Chief Minister and the damage they have done to the reputation of Gibraltar, but I choose to refrain from doing so in the wider public interest of our beloved country, which matters more to me than party politics.  I call on Mr Azopardi to accept the confidential briefing offered by the Government in the wider, non-partisan national interest.”

Notes to Editors

• ‘Privy Council terms’ are ‘a recognised convention which allows Privy Council members to be briefed on confidential terms, should the Government wish to do so. Such an arrangement is entirely voluntary, and anyone not wishing to be briefed on such terms may decline the invitation. Having accepted a briefing on ‘Privy Council terms’, he or she is understood to have agreed to treat it as confidential. Such briefing is always a matter for, and at the discretion of, the Government of the day’. [The Privy Council Office].