In Parliament on Friday evening, there was a Government majority vote on the controversial Inquiries Bill, which is set to change the statutory footing for the McGrail Inquiry. The inquiry is looking at the circumstances that led to the early retirement of the former police commissioner.
After a second reading, all nine GSLP-Liberal Ministers voted in favour and all eight GSD Shadow Ministers voted against. Before the new legislation can become law, Parliament will hear the third reading of the bill on Monday at 3pm.
It followed almost 3.5 hours of commentary.
Below, GBC summarises the main points made.
Chief Minister says the bill will not prevent anything from being investigated by an inquiry
The Chief Minister was first to speak in Parliament about the new Inquiries Bill. Fabian Picardo says the Government here, as in the UK, will have the power to protect the public interest by ensuring that any sensitive information that could damage Gibraltar is not put into the public domain. But that power is balanced by such decisions being reviewable by Judges in the Supreme Court.
He said governments are chosen freely and fairly by the people, and they are able to act to make sure "those hostile to Gibraltar cannot access sensitive information that may threaten our people".
"And even then, always with the guarantee that our independent Supreme Court judges will be able to assess the probity and actions of any government that acts in this way, free of politics, and judges of the Supreme Court will potentially be able to allow whatever they believe needs to be publicly known to be made known."
Mr Picardo urged the Leader of the Opposition to put his party political interests to one side and to think with a "Gibraltar First" hat on – and not a GSD hat on.
"I want to be explicit in explaining to our citizens that this is power that the Government I lead and, I dare say any Government, would never use for the purposes of achieving any personal or partisan advantage or to oust any investigations or inquiry into any matter that created any liability or was designed to avoid any liability."
The Chief Minister restated the bill will not prevent anything from being investigated by an inquiry. But if a government feels it is in the interests of Gibraltar's people not to make certain details public, he stressed the final decision over whether this happens rests with the independent courts, not politicians but rather Gibraltar’s Supreme Court judges and the judges of our Court of Appeal and the Supreme Court in London sitting as the Privy Council.
Mr Picardo claimed that if Keith Azopardi had become Chief Minister, he and the GSD would be moving this bill "in identical terms and for identical purposes", having received the "same trusted advice we have received".
Former Police Commissioner, Ian McGrail, is in Parliament with his lawyer Charles Gomez. His early retirement is the subject of the inquiry that this new legislation would have an immediate impact on.
"The truth, the whole truth and nothing but the truth"
The Chief Minister said when he agreed to convene the McGrail Inquiry, he looked forward to that inquiry identifying "the truth, the whole truth and nothing but the truth" in respect of the matters which are being inquired into and which are the subject of the terms of reference of the inquiry.
Having seen the evidence filed to date, I am every more looking forward to all of the being made public.
"I will be moving an amendment at Committee Stage to specifically exclude the potential application of the power to end the current inquiry on foot."
"That will provide legal force to the Government’s explicit position that we were never intending to exercise this power in this way in respect of the inquiry currently on foot."
Mr Picardo says the new law is so tightly drafted that "the idea that it can be abused in the personal or political self interest is nonsensical".
The Chief Minister said "given the national and international comment there has been and will no doubt be in relation to this Bill, I have felt it necessary to provide more detail in my exposition than I would usually have done".
Keith Azopardi said this legislation has been disgracefully rushed by Mr Picardo without consultation "in what people perceive to be utter self-interest”
Leader of the Opposition claims Mr Picardo is "playing with fire" and "gambling with constitutional safeguards"
Keith Azopardi said the McGrail Inquiry is just 17 days away & the retired judge overseeing it, Sir Peter Openshaw, has already decided what processes will be, what is admissible and what is relevant. The Leader of the Opposition said Sir Peter Openshaw has decided there should be live-streaming & ruled against the Government who wanted some evidence not to be heard publicly.
Mr Azopardi said the Chief Minister is "playing with fire" and "gambling with constitutional safeguards".
The Leader of the Opposition asked "how better to acquire a nuclear weapon" in case things go wrong? Regarding one of the Chief Minister's main points, he said the power to challenge (what evidence should be made publicly available) in the Supreme Court already exists in law, though currently applicants have three months, while the new bill allows two weeks.
Mr Azopardi suggested Mr Picardo may be trying to sidestep the judge overseeing the McGrail Inquiry. He described the current situation as "a pantomime in which the CM casts himself in a leading role".
The Leader of the Opposition said the Chief Minister has used emergency powers that allow this legislation to progress through Parliament without the usual six-week period for discussion and consideration. Mr Azopardi said Sir Peter Openshaw has not asked for this new legislation, nor was he consulted on the change. He points out that it wasn’t in the GSLP-Liberal manifesto for the recent General Election, yet it has been presented without notice and certified as urgent so that it can be rushed through Parliament.
Mr Azopardi said this is "an abuse of power... in his own personal interest".
He said in the UK, when the new legislation was introduced it did not apply automatically to ongoing inquiries. He said it was used twice in UK after consultation with the chairs of those inquiries; one six months after legislation received Royal Ascent and the other 11 months after.
“Today there is a disgraceful rush for the line without consultation… in what people perceive to be utter self-interest.”
He asked whether the Government would introduce new rules that could impose restrictions on who attends and what evidence is heard: they could cite potential damage to Gibraltar's national security, as well as economically sensitive information. Mr Azopardi said Mr Picardo has already sought to restrict the disclosure of evidence and this has been rejected by Sir Peter Openshaw.
The Leader of the Opposition said this law amounts to "an ugly and unsophisticated power grab".
UK criticism of the UK law on which Gibraltar's is based
Mr Azopardi referred to comments by Lord Saville, who chaired the Bloody Sunday Inquiry, which demonstrated the serious reservations of a senior judge and chair of a complex inquiry. Lord Saville was concerned about the clause granting Ministers the power to issue notices restricting public access to inquiry proceedings and materials. In a letter of 26th January, Lord Saville said, "I take the view that this provision makes a very serious inroad into the independence of any inquiry and is likely to damage or destroy public confidence in the inquiry and its findings, especially in cases where the conduct of the authorities may be in question."
In wrapping up, Mr Azopardi said - if passed by Government majority (of one) - this legislation would be an assault of Gibraltar’s institutions. The Leader of the Opposition claimed it would be seen to be one of the worst acts by this Government and Gibraltar’s reputation will be worsened. He said it would be “plain wrong” wrong for this to happen and “a constitutional outrage”.
Mr McGrail sat in the Parliament's public gallery to follow proceedings.
Shadow Ministers talk of "Trumpian language" and "reputational damage”
Shadow Public Finances Minister Roy Clinton said Mr Picardo has borrowed Trump’s language, but he said it’s actually “not Gibraltar first, it’s chief minister first”. He said he can’t see how this legislation will enjoy public confidence, as it “gives government the power to hide” evidence in the McGrail Inquiry. Referring to coverage by The Guardian newspaper and the corruption watchdog Transparency International UK, he said “the world is watching”.
Shadow Housing Minister Damon Bossino noted his surprise that other government ministers have been silent in the discussion about this important legislation. He characterised the Government’s actions as “banana republic manouevres”. Mr Bosino said it was “incredibly sad and shameful” that Gibraltar should be “subjected to this reputational damage”.
Roy Clinton said the Chief Minister has used Trumpian language, but claimed it’s actually “not Gibraltar first, it’s chief minister first”
Damon Bossino said he was surprised that no other government ministers had spoken about this important legislation.
Chief Minister says Opposition arguments attractive to the media but not serious
The Chief Minister had the opportunity to reply to the criticisms levelled by the Opposition. Mr Picardo stressed he will be leaving politics, and everything he does as Chief Minister is in Gibraltar’s interest. He said if that makes his Government susceptible to attacks, “then we will take those attacks”.
Mr Picardo said Donald Trump’s mantra is “Make America Great Again” not “America first” and he was therefore “not Trumpian”. (Editor’s note: President Trump used “America First” to refer to his foreign policy vision.)
The Chief Minister said some may be playing with fire “with their scorched earth approach to the McGrail Inquiry”.
He asked rhetorically: “what safeguards am I gambling with?” He said everything he’s done in respect of this Bill is in keeping with Gibraltar’s constitution, stressing that - in any case - the legislation is appealable in London, in its top court - the Privy Council. He said the current legislation already says that a judicial review should be brought “promptly”, and that may even mean in less than two weeks.
Mr Picardo said Ministers should only vote to support the new legislation if they think the legislation protects the public interest.
He said it’s very easy to speak against politicians and to suggest they are corrupt. But he’s confident that when the evidence is seen, people will agree he and the Government have acted properly at all times.
The Chief Minister said Transparency International are a reputable organisation but they have not had the benefit of seeing everything. Of the Guardian, he said that one of the most prolific contributors to that newspaper on legal matters is Adam Wagner, who is part of Mr McGrail’s legal team. So he’s not surprised by their coverage.
Mr Picardo rejected the idea that this law would be used to hide anything. He said transparency is important, but the affairs of state cannot be carried out in full public glare. On occasion it is important for states to keep some information from other states that are hostile to you, and even from others who are not. Government involves confidentiality, he said, arguing that does not imply hiding anything, but rather looking after the public interest.
He said the Opposition’s arguments were not serious, but rather designed to make things appealing to the media.