His Majesty’s Government of Gibraltar notes the statement from Transparency International on the publication of the Bill for a new Inquiries Act.

The Government has already clarified that the Bill is a direct copy of the more modern UK Inquiries Act.

The current version of the Gibraltar Commissions of Inquiries Act dates from 1888, with only minor changes made since then.

The UK Act was made in 2005.

The Government has also clarified that it has no intention to use the power to stop or delay the current inquiry into the retirement of Ian McGrail. 

The section in the Bill that permits that power to be exercised is identical to that in the UK Act. 

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, enjoys a clear statutory footing in more modern legislation that reflects the well-established, tried and tested law and practice in the UK.

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 does not accept that the introduction of this new Act, to replicate the law applicable in the UK is capable of amounting to interfering with the independence of an existing inquiry.

Finally, His Majesty’s Government of Gibraltar is 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.