GSD calls on Govt to abandon Inquiries Bill, but No.6 will press on to ‘modernise legislation’

19th March 2024
The GSD has called on the Gibraltar Government to abandon any attempt to pass the Inquiries Bill through Parliament before the McGrail Inquiry concludes its work.

The Government had been expected to take the Inquiries Bill in Parliament last Friday but did not do so, with the session now adjourned to this Friday.

“We are still in time,” said Keith Azopardi, the Leader of the Opposition.

“Seeking to force this Bill through Parliament now and apply it to the McGrail inquiry should be abandoned.”

“The Chief Minister, Government and Office of the Governor are all deeply conflicted here.”

“There should be no step taken that looks as if any of those deeply conflicted parties are seeking to affect the Inquiry process.”

“We call on the Chief Minister to confirm that he will not take this Bill before the conclusion of the McGrail Inquiry.”

“The Government should accept that the attempt to extend this Bill to the McGrail Inquiry was a massive mistake and error of judgment which it has time to walk away from now.”

The Inquiries Bill 2024 largely mirrors UK law and, No.6 Convent Place said, seeks to modernise Gibraltar’s existing legislation dating back to 1888.

But its timing, so close to the start of the McGrail Inquiry, has raised questions and criticism as to the reason for the decision to publish the Bill now.

Last week Mr Azopardi gave notice that he would move an amendment to the Bill so that it cannot be applied to the McGrail Inquiry.

Mr Azopardi wrote to Karen Ramagge, the Speaker of Parliament, giving notice of his intention to move the amendment, which seeks to ensure the McGrail Inquiry proceeds under the existing legislation.

The Government had previously said that the Bill aims to modernise existing legislation dating to 1888 and that it has no intention of using powers in the proposed legislation to end or delay the McGrail Inquiry, which is due to commence on April 8.

It said the Bill largely mirrors the UK’s inquiries legislation.

But the timing of the Bill has drawn criticism not just from the GSD, but from Transparency International UK, which warned against any attempt to fetter the inquiry’s independence or obstruct or unduly influence its work.

Reacting to the GSD statement, the Government last night accused the Opposition of “once again attacking the modernisation of the legislation concerning public inquiries”.

“The Government has already confirmed it will be taking the new Inquiries Bill in this session of the Parliament in order to make the law in Gibraltar materially and substantively identical to the modern law and practice in the United Kingdom,” No.6 Convent Place said.

“The Government will proceed with its plans and will explain its reasoning in the debate in Parliament.”

“As it has already done, the Government will confirm on the record in Parliament, that it has no intention to and will not seek to exercise the power to suspend or cancel the McGrail Inquiry or to otherwise affect its ability to fully and properly inquire into the reasons for the former Commissioner of Police's early retirement.”