Govt says funding for legal challenge to Openshaw report follows established precedent

The Government has rejected criticism from the Opposition over its decision to fund any legal challenge to findings in the Openshaw Report, saying it is following long-established precedent.

A spokesperson says Cabinet has formally agreed that if the Chief Minister challenges specific findings of the Inquiry, the legal costs will be met by the Government under the principle of Crown Indemnity.

It says this protects public office holders from personal liability for actions carried out in the course of their official duties.

The Government says this approach is consistent with the Civil Service Management Code and UK Treasury guidance, which require the State to cover legal costs where officials are criticised for actions taken in good faith in an official capacity.

The Chief Minister, Fabian Picardo, said asking him to personally fund a review would be constitutionally improper and could deter future office holders from taking decisions in the public interest.

Number Six says legal costs have previously been met for Opposition figures, including colleagues of Keith Azopardi, in comparable circumstances.