New bill aims to implement key recommendations from McGrail Inquiry

The Government has published a Command Paper on the proposed Public Service Standards and Conflict of Interests Bill.

The bill seeks to implement recommendations one and two from Sir Peter Openshaw’s McGrail Inquiry report.

It's been drafted in a private capacity by Daniel Greenberg, currently serving as Commissioner for Standards in Commons.

The Government consulted industry on the subject earlier this year.

The Command Paper is a second draft.

The first Bill was discussed with a wide cross-section of public officials, statutory bodies, law enforcement agencies and representatives of the business community in a series of meetings in early February.

The consultation included a meeting with the Opposition.

The original Bill has been amended following feedback from those meetings, as well as written submissions received since. The Government is now extending this consultation by publishing the Bill as a Command Paper.

An extensive explanatory memorandum is included at the end of the Bill.

The legislation defines public bodies as all government department and public officials as ministers and statutory office holders - as well as all members of staff of public bodies together with civil servants.

It requires the registration of personal interests, but only when there is likely a conflict of interest. For example, public officials won’t need to register personal investments unless there’s reason to believe this could present a conflict of interest.

The Chief Minister has the power to exclude public bodies (such as regulators) if the Government is satisfied already address conflict of interests and standards in public life issues, and the matters specifically dealt with by the Act.

Powers are also provided enabling exemptions of specified classes of public official from requirements to register and declare interests (which could include, for example, provision exempting volunteer members of statutory authorities or boards).

The Government says this is in response to feedback received.

On conflicts of interest, it outlines potential, conditional or perceived conflicts. To avoid or manage these, public officials can take advice from compliance officers, recuse themselves from decisions, abstain from voting, appoint independent persons to assist with functions, make and preserve a clear audit trail on how decisions have been made.

Public bodies would need to maintain and publish a register of personal interests. The Chief Minister and Attorney General may issue rules about registers under this section. Rules could include exempting interests from registration if the value of the interest is below a threshold in the rules, or where a series of interests accruing over time exceeds a value threshold. Information from the public register can be redacted on grounds of public interest but these need to be indicated, with grounds for them published.

Personal interests and gifts and hospitality need to be declared too with scope for the Attorney General and Chief Minister to issue rules on these.

The legislation carves out the definition of official meetings. A meeting is any meeting or conversation, whether or not it was pre arranged and whether it's in person or by other means. It’s official when it includes public official(s) and is expected to address any matter of public interest. It provides for the taking, publishing and recording of meetings. Records should include details on those attending, formal decisions taken and action points assigned. The Chief minister and Attorney General can issue guidance on this and will need to regard the importance of an audit trail of compliance with the act, minimise interference and minimise the burden on public resources. Public bodies will need to disclose when they have meetings with ministers.

The same policies on redactions and exemptions would apply.

A Commissioner of Standards in Public Life will be appointed by the Governor, with advice from the Specified Appointments Commission.

The appointment will be for a maximum of two terms of three years each.

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 Commissioner will provide an annual report to lay before parliament.

The legislation allows for the Chief Minister to publishing a Ministerial Code.

It will also be a criminal offence to contravene the Act.

The deadline for public consultation is the 10th of April. The Government says it's committed to publishing the final Bill by the 17th of April, within the 100 days set out by the Chief Minister in his address of the 7th of January.

The Command Paper can be found at www.gibraltarlaws.gov.gi/command-papers. Responses to the Command Paper must be submitted to command.papers@gibraltar.gov.gi or delivered in writing to:

Command Papers Consultation C01/2026

c/o Michael Podesta

Crown Counsel

Office of Parliamentary Counsel

Government Law Offices