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

GBC News

8 Mar 202402:55

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.
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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

00:00

📜 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

The New Inquiries Act is a legislative bill proposed in Gibraltar, modeled closely after the UK Inquiries Act. It is designed to update the local legal framework for inquiries, allowing the government to suspend or end inquiries under certain circumstances. In the context of the video, this act is significant because it could potentially impact the inquiry into the early retirement of former police commissioner Ian McGrael.

💡Gibraltar Constitutional Context

Refers to the specific legal and governmental framework of Gibraltar, a British Overseas Territory. The New Inquiries Act is tailored to fit within this context, ensuring that any changes made are appropriate for Gibraltar's unique political and legal system. This is important because it shows that the act is not a direct copy of the UK's legislation but has been adapted to suit Gibraltar's needs.

💡Inquiry Suspension

The power to suspend an inquiry is a provision within the New Inquiries Act that allows the government to halt an ongoing inquiry if it is deemed necessary to complete other investigations or legal proceedings. This is a key aspect of the act as it grants the government significant control over the duration and outcome of inquiries, which is a point of concern for those involved in the inquiries, such as Ian McGrael.

💡Government Consultation

The process by which the government seeks input or advice from relevant parties before making decisions or implementing new policies. In the script, it is mentioned that the government has not consulted with the chairman of the McGrael inquiry, which raises questions about the transparency and fairness of the legislative process.

💡Ian McGrael

Former Police Commissioner of Gibraltar, Ian McGrael is a central figure in the inquiry that the New Inquiries Act could potentially affect. His early retirement is the subject of the inquiry, and he expresses concern about the timing and implications of the new legislation, fearing it could be used to interfere with the inquiry's proceedings.

💡Fabian Picardo

Fabian Picardo is the Chief Minister of Gibraltar, who is mentioned as a core participant in the inquiry. His role is significant because it highlights the potential influence of high-ranking government officials in the inquiry process, which could be affected by the new legislation.

💡Sir Peter Opaw

Sir Peter Opaw is the chairman of the inquiry into Ian McGrael's early retirement. His role is to oversee the inquiry and make rulings on matters such as the investigation of witness statements and allegations of evidence being offered in exchange for incentives. His decisions are crucial to the integrity of the inquiry.

💡Democratic Jurisdiction

Refers to a system of governance where the rule of law and democratic principles are upheld. In the context of the video, Ian McGrael emphasizes the importance of Gibraltar's reputation as a democratic jurisdiction, suggesting that the inquiry should proceed without interference to maintain this reputation.

💡Statutory Powers

Legal authority granted by law to a government or its officials. In the video, the concern is that the government may use these new statutory powers to suspend or terminate the inquiry, which could undermine the democratic process and the rule of law.

💡No-ly Preki

A term used by Ian McGrael to describe the power to terminate legal proceedings. He compares this to the government's potential use of new statutory powers to end the inquiry, which he views as a threat to the integrity of the legal process.

💡Main Hearing

The primary session of the inquiry where evidence is presented and witnesses are examined. In the script, it is mentioned that the government intends to proceed with the bill before the main hearing of the McGrael inquiry, which could have significant implications for the inquiry's outcome.

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.