Government Publishes White Paper On Police Governance Reform
The Government has published a White Paper setting out proposed reforms to the governance of the Royal Gibraltar Police, aimed at implementing all of Sir Peter Openshaw’s recommendations from the McGrail Inquiry.
A statement from the Government follows below:
His Majesty’s Government of Gibraltar (HMGoG) has today published a White Paper setting out proposals for the reform of the governance of the Royal Gibraltar Police (RGP) to implement all Sir Peter Openshaw’s recommendations from the McGrail Inquiry. The White Paper is issued for consultation on providing a clearer, more transparent and more accountable framework for policing, while safeguarding the operational independence of the RGP and the independent advisory and scrutiny role of the Gibraltar Police Authority (GPA). The Governor’s constitutional responsibilities for internal security (including the Police) are maintained.
The White Paper outlines a Gibraltar-specific model comprising a Gibraltar Police Council (GPC) established on a similar basis to the Gibraltar Contingency Council (GCC); this will enable the routine aspects of policing to be dealt with separately from matters of national security. The Minister of Justice’s current role for policing will be separated and a Minister for Policing established, linked to Ambulance, Fire and Rescue for coherence. The GPA will be strengthened and properly resourced in order to focus on independent scrutiny. A Policing Protocol will be developed to define the respective roles and responsibilities of all those involved in police governance; this will be laid before Parliament in due course. The proposals have taken into account the work being undertaken by the RGP to modernise its standards of professional behaviour, as well as the GPA’s work to review the Police Complaints Regulations.
The White Paper has been developed from the Steering Group’s discussions on Gibraltar’s existing constitutional and statutory arrangements, under which responsibilities are shared between the Governor, HMGoG and the GPA. However, as Sir Peter Openshaw concluded from the McGrail Inquiry there is room for improvement and the White Paper explains how this will be achieved. The Steering Group membership allowed it to draw on advice from the Commissioner, as well as the Attorney General, Crown Counsel and Chief Secretary as well as others. Consultation included inviting His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMIC) to brief the Steering Group. Experience was also drawn from relevant practice in the UK, the Crown Dependencies and other comparable jurisdictions such as Australia.
Sir Peter Openshaw’s recommendations, taken forward by the Steering Group, identified the need for clearer boundaries between democratic governance, the legal and regulatory framework, independent scrutiny and operational policing. The proposed model distinguishes responsibility for setting strategic priorities, plans and resources from the Commissioner’s responsibility for operational decisions, investigations, deployments and the exercise of police powers. The GPC will provide a structured forum for strategic discussion, coordination and the resolution of any issue over the boundary between governance and operational responsibility. Currently, those discussions happen separately and are often not recorded. However, the White Paper is clear that only the Commissioner of the RGP will direct police operations.
Following consultation on the White Paper, responses will be considered in preparing draft amendments to the Police Act 2006. The proposed legislation will subsequently be published as a Command Paper, allowing the public and interested parties to comment on the detailed legal provisions before they are introduced in Parliament.
Since the publication of the McGrail Inquiry report, substantial progress has been made in implementing Sir Peter Openshaw’s recommendations, with the majority completed or addressed through measures already put in place. This includes the publication of the Inquiry Rules 2026, the Public Service (Standards and Conflict of Interests) Bill, the Attorney General’s protocol, strengthened governance and procedures within the Gibraltar Police Authority, enhanced RGP oversight and resources, as well as additional operational support for the GPA. Work continues on the recommendations that require legislative change or further coordination between the organisations involved.
His Excellency the Governor, Sir Ben Bathurst KCVO, CBE, said:
“The publication of this White Paper marks an important step in the Steering Group’s collaborative work to date. It brings together the implementation of Sir Peter Openshaw’s recommendations with a wider reform of police governance within Gibraltar’s constitutional arrangements. The aim is a system in which responsibilities are clearer, decisions are more transparent and properly recorded, democratic accountability is strengthened and the operational independence of the Commissioner and the Royal Gibraltar Police is protected.”
The Chief Minister, the Hon Fabian Picardo MP, KC, said:
“This White Paper delivers on the Government’s commitment to implement all of Sir Peter Openshaw’s recommendations following the Inquiry. Substantial work has already been done and these proposals set out how policing in Gibraltar will be governed in future, with a dedicated Minister for Policing, a Gibraltar Police Council as a structured forum for strategic discussion, and a strengthened Police Authority.
I am grateful to the Steering Group and all those who have contributed to this work. The Government remains fully committed to seeing these reforms through and I encourage everyone with a view to take part in the consultation, so that the final arrangements serve the whole community.”
The Chair of the Gibraltar Police Authority, Mr Peter Montegriffo KC, said:
“The GPA welcomes the progress made on these reforms and the opportunity to contribute to shaping the new governance arrangements. We particularly welcome the recognition of the GPA’s independent advisory and scrutiny role and the importance of ensuring we are properly resourced to discharge our responsibilities effectively. This will also involve strengthening the police complaints framework, alongside the Commissioner’s reforms to professional standards. Our shared objective must be to reinforce accountability, provide robust independent scrutiny, ensure operational independence and thus enhance public confidence in policing.”
The Commissioner of Police, Mr Owain Richards, said:
“I welcome the publication of proposals which recognise and safeguard the operational independence of the Commissioner and the Royal Gibraltar Police (RGP), while providing for appropriate democratic accountability and independent scrutiny. Getting that balance right is fundamental to maintaining public confidence in policing. I also welcome the parallel progress made by the RGP to date towards a modernised professional standards regime through new Police Conduct and Performance Regulations. These reforms will provide a clear, fair and transparent framework, reinforce accountability and ensure that the highest standards of professionalism and integrity are understood, expected and upheld across the RGP.”
Mr Lee Freeman, His Majesty’s Inspector of Constabulary, Fire and Rescue Services said:
“The proposals reflect a modern policing governance model, bringing enhanced democratic scrutiny and accountability while maintaining the operational independence of the Commissioner and the Royal Gibraltar Police. This mirrors principles that underpin policing governance across England and Wales, where clear accountability to the public sits alongside an independent operational police service. In my professional view, as one of His Majesty’s Inspectors of Constabulary, Fire and Rescue Services (HMICFRS), these reforms will strengthen transparency, legitimacy and public trust in policing in Gibraltar and provide an effective response to the findings of the McGrail Inquiry.”
