Law to give Govt powers to suspend or end inquiries, No6: ‘no intention' of stopping McGrail Inquiry
Summary
TLDRThe 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.
Outlines
📜 Gibraltar Inquiries Act: UK Model with Local Adaptations
The Gibraltar government is proposing a new Inquiries Act, which is nearly identical to the UK's version, with only necessary changes to fit the local constitutional context. The Act would grant the government the power to suspend inquiries for as long as needed to complete other investigations or legal proceedings, and also to end an inquiry before its terms are fulfilled. The government must provide reasons, consult the chairperson, and notify Parliament. The existing local legislation does not address ending inquiries. The government aims to modernize the legislation for the benefit of current and future inquiries. There is no intention to stop the inquiry into the early retirement of former police commissioner Ian McGrael.
Mindmap
Keywords
💡New Inquiries Act
💡Gibraltar Constitutional Context
💡Inquiry Suspension
💡Government Consultation
💡Ian McGrael
💡Fabian Picardo
💡Sir Peter Opaw
💡Democratic Jurisdiction
💡Statutory Powers
💡No-ly Preki
💡Main Hearing
Highlights
The new Inquiries Act is almost identical to the UK Inquiries Act, with local constitutional adjustments.
The UK Act contains provisions for ending inquiries, which the new Gibraltar law would grant the government.
The government can suspend an inquiry as long as necessary to complete other investigations or proceedings.
The government can end an inquiry before its terms of reference are fulfilled, with reasons provided and a notice laid before Parliament.
Existing local legislation is silent on ending inquiries, and the new bill codifies existing powers and practices.
The government intends to proceed with the bill at the next week's session of parliament.
The bill would be in effect by the time of the main hearing in the McGrael inquiry.
The government did not consult with the McGrael inquiry chairman due to the law's non-specificity to this inquiry.
Former Police Commissioner Ian McGrael is concerned by the timing of the legislation overhaul.
McGrael contests any attempts to prevent the inquiry from proceeding using new statutory powers.
The inquiry's chairman, Sir Peter Opaw, will investigate the circumstances under which witness statements were made.
There are allegations that incentives were offered in exchange for evidence, which the inquiry may investigate.
McGrael emphasizes the importance of the inquiry proceeding without government interference.
The government's desire to bestow upon itself the power to suspend or terminate the inquiry is highlighted.
JTA's reputation as a democratic jurisdiction requires the inquiry to proceed without hindrance.
The government spokesperson denies any intention of stopping the inquiry into the early retirement of Ian McGrael.
The changes are made to ensure all current and future inquiries benefit from a more modern piece of legislation.
The Chief Minister Fabian Picardo is a core participant in the inquiry, which McGrael points out as a potential conflict of interest.
Transcripts
according to number six the bill for a
new inquiries Act is an almost identical
carbon copy of the UK inquiries act with
changes only as necessary for the local
Gibralter constitutional context it
highlights that the UK act contains the
same Provisions over the ending of
inquiries the new jalta law would Grant
the government the power to suspend an
inquiry for as long as is deemed
necessary to complete any other
investigation or civil or criminal
proceedings it also allows the
government to end an inquiry before it
has fulfilled its terms of reference in
both cases the government would have to
set out its reasons consult the
chairperson and lay a notice before
Parliament existing local legislation is
silent on ending inquiries the new bill
also codifies existing powers and
practices in response to GBC questions
the government says it's making these
changes now to ensure all current and
future inquiries benefit from a more
modern piece of legislation a
spokesperson said number six has no
intention of stopping the inquiry into
the early retirement of former police
commissioner Ian mcgrael the chronicle
reports that the government intends to
proceed with the bill at next week's
session of parliament meaning that it
would be in effect by the time of the
main Hearing in the mcgrail inquiry the
newspaper quotes a number six
spokesperson is saying the government
did not consider it appropriate to
consult with the mcgrail inquiry
chairman as the change to the law is not
specific to this
inquiry for his part the former
Commissioner of police Ian mcgrael says
he's concerned by the timing of what he
calls a radical overhaul of the
legislation just four weeks before the
main hearing is set to start he draws
attention to the role of the chief
minister in the inquiry Fabian picardo
is a core participant Mr mcgrael says he
would strongly contest any attempts to
prevent the inquiry from proceeding by
the use of new statutory Powers he
Likens this to the power to terminate
legal proceedings by a noly preki which
he says has already been used in
relation to a related police
investigation Mr mcgrael highlights a
recent ruling by the inquiry's chairman
sir Peter opaw that he will investigate
the circumstances under which witness
statements came to be made the chairman
had been asked to rule on whether the
inquiry should investigate allegations
that incentives were offered in exchange
for evidence Mr mcgrael says jta's
reputation as a democratic jurisdiction
requires that the inquiry should proceed
without any interference or hindrance
without the risk of the government using
the powers which he says it wants to
bestow upon itself to suspend or
terminate the
inquiry
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