Government consults industry on Conflicts of Interest legislation

Consultation with local entities for a Bill on Conflicts of Interest has been held with public and private sector representatives. In answer to GBC questions, the Government says the consultation could be widened if considered appropriate, but for now this isn’t envisaged.

A Consultation Note on the Draft Public Service (Standards and Conflicts of Interests) Bill highlights some of the requirements for the Act including a register of public interests for public bodies and the appointment of a Commissioner of Standards in Public Life. The Commissioner will have powers to investigate contraventions and take action.

The Bill aims to implement recommendations one and two from the McGrail Inquiry report.

In answer to GBC questions, the Government says the current UK Commissioner for Standards, Daniel Greenberg, is drafting the Public Service Standards (Conflicts of Interest) Bill specifically for Gibraltar.

He visited the Rock last week and met with the Governor, Chief Minister and Leader of the Opposition.

Consultation has been conducted with a cross section of representatives from the civil service, statutory bodies, law enforcement agencies, the Gibraltar Financial Services Commission, the Gibraltar Financial Services Board and the Chamber of Commerce.

The Government says this has not been a formal consultation process, with the intention being to gather a representative range of views via verbal feedback.

On the 7th January the Chief Minister committed to implementation of recommendations from the McGrail Inquiry report within 100 days. This legislation would form part of that. Though there’s no fixed consultation period, Government told GBC feedback is already being incorporated into a revised draft of the Bill, with an intention to publish the legislation by March.

In a Draft Public Service (Standards and Conflicts of Interests) Bill Consultation Note seen by GBC, it says the purpose of the bill would be to ensure public business is transacted in a transparent, reasonable and fair manner and for public officials to act in accordance with the Standards in Public Life, taking all reasonable steps to avoid conflicts of interest and resolve any that arise in favour of the public interest.

Public bodies would be required to maintain and publish a register of personal interests, arrangements for declaration of personal interests or conflicts of interest, rules on accepting gifts and hospitality, rules on official meetings and taking/publishing minutes.

The draft also envisages the appointment of a Commissioner of Standards in Public Life, appointed by the Specified Appointments Commission. The Commissioner would investigate allegations of non-compliance with the Act with powers to close the case, advise, reprimand in writing, name public officials with complaint details, issue rectification measure packages or pass on findings for other proceedings including criminal, civil, regulatory or disciplinary.

The current draft also makes it an offence for a public body or official to contravene the Act, punishable with a fine or imprisonment. There will be a defence of taking all reasonable steps to comply with the relevant provision.