Law to give Govt powers to suspend or end inquiries, No6: ‘no intention' of stopping McGrail Inquiry

Summary

The Gibraltar government is introducing the New Inquiries Bill, nearly identical to the UK Inquiries Act, with minor adjustments for local constitutional context. The bill grants the government power to suspend or end inquiries, requiring justification and consultation with the chairperson, followed by a parliamentary notice. The government asserts that these changes aim to modernize legislation for current and future inquiries and are not intended to halt the inquiry into former Police Commissioner Ian McGrael's early retirement. McGrael expresses concern over the timing and potential for government interference, emphasizing the importance of an unimpeded inquiry for Gibraltar's democratic reputation.

Takeaways

• 📜 The new Inquiries Act is nearly identical to the UK Inquiries Act, with minor adjustments for Gibraltar's constitutional context.
• 🔍 The UK and Gibraltar Acts both grant the government the power to suspend inquiries for the duration of other investigations or legal proceedings.
• ⏰ The government can end an inquiry before its terms of reference are fulfilled, with the requirement to state reasons and consult the chairperson.
• 📰 The Gibraltar government is introducing these changes to modernize the legislation for current and future inquiries.
• 🗣️ Number Six has no intention of stopping the inquiry into the early retirement of former Police Commissioner Ian McGrael.
• 📅 The government plans to proceed with the bill at the next parliamentary session, potentially making it effective before the main hearing in the McGrael inquiry.
• 🤔 Ian McGrael expresses concern over the timing of the legislative overhaul, just four weeks before the main hearing.
• 🚨 McGrael warns against using the new powers to prevent the inquiry from proceeding, likening it to terminating legal proceedings with a 'noly preki'.
• 👨‍🏫 The former Commissioner emphasizes the importance of the inquiry proceeding without interference, as it is crucial for Gibraltar's reputation as a democratic jurisdiction.
• 🧐 The inquiry's chairman, Sir Peter Opaw, has been asked to investigate the circumstances under which witness statements were made and allegations of evidence being offered in exchange for incentives.

Q & A

What is the main similarity between the new Inquiries Act and the UK Inquiries Act?

The new Inquiries Act is almost an identical carbon copy of the UK Inquiries Act, with changes only necessary for the local Gibraltar constitutional context.

What powers does the government have under the new Inquiries Act regarding the suspension of inquiries?

The government has the power to suspend an inquiry for as long as necessary to complete any other investigation or civil or criminal proceedings.

Can the government end an inquiry before it has fulfilled its terms of reference?

Yes, the government can end an inquiry before it has fulfilled its terms of reference, but it must set out its reasons, consult the chairperson, and lay a notice before Parliament.

How does the new bill address the ending of inquiries in relation to existing local legislation?

Existing local legislation is silent on ending inquiries, and the new bill codifies existing powers and practices in this regard.

What is the government's intention behind making these changes to the Inquiries Act now?

The government intends to make these changes to ensure that all current and future inquiries benefit from a more modern piece of legislation.

Is the government stopping the inquiry into the early retirement of former police commissioner Ian McGrael?

No, a spokesperson for number six has stated that there is no intention of stopping the McGrael inquiry.

When does the government plan to proceed with the bill in the session of Parliament?

The government intends to proceed with the bill at the next week's session of Parliament.

Ian McGrael is concerned by the timing of the changes, calling it a radical overhaul just four weeks before the main hearing of his inquiry, and he fears potential interference.

null

What role does the Chief Minister Fabian Picardo play in the inquiry?

Fabian Picardo, as the Chief Minister, is a core participant in the inquiry.

What does Ian McGrael say about the government's potential use of new statutory powers?

McGrael states that he would strongly contest any attempts to prevent the inquiry from proceeding by the use of new statutory powers, likening it to the power to terminate legal proceedings.

What recent ruling by the inquiry's chairman, Sir Peter Opaw, is mentioned in the transcript?

Sir Peter Opaw ruled that he will investigate the circumstances under which witness statements were made and whether the inquiry should investigate allegations of incentives offered in exchange for evidence.