In reply to the GSD’s recent statement on the McGrail inquiry, the Government says “no minister, including the Chief Minister, has any power under the Constitution to seek, compel or otherwise influence the removal, retirement or resignation of a Commissioner of Police”.

A statement from the Government follows below:

The Government notes that the statements by Keith Azopardi and the GSD in respect of the  McGrail inquiry infer that the Chief Minister, the Hon Fabian Picardo QC MP, exercised some  statutory or constitutional power in respect of Mr McGrail’s early retirement. 

Most recently, the GSD stated that: “… when Ministers exercise statutory or constitutional power it  needs to be subject to checks and balances. That is why we have been calling repeatedly for the McGrail  Inquiry that was promised 19 months ago...”. 

In fact, no minister, including the Chief Minister, has any power under the Constitution to seek,  compel or otherwise influence the removal, retirement or resignation of a Commissioner of Police. 

Furthermore, and as Mr Azopardi should be aware, the Police Act 2006, presented and passed by  the GSD when in Government, similarly gives no such power to the Chief Minister. 

Under the Police Act, the Gibraltar Police Authority is the only body having the power to seek that  the Commissioner should retire in the interests of the efficiency, effectiveness, probity, integrity or  independence of policing in Gibraltar. The Act further provides that the GPA must consult the  Governor and the Chief Minister but requires the agreement of only one of these in order to  proceed to seek such a retirement. The Governor alone has the power, under section 13 (1) of the  Police Act, to suspend or call for the resignation of a Commissioner of Police. 

Mr Azopardi and his party singularly fail to understand the law, in respect of both the constitutional  and statutory framework of policing in Gibraltar and the absence of any power in the hands of the  holder, from time to time, of the Office of Chief Minister. 

The Chief Minister will make a further announcement next week on the commencement of the  Judicial Inquiry into the retirement of the former Commissioner of Police once all necessary  arrangements for the Inquiry are established. 

The delays in respect of the convening of the said inquiry have been related to availability of a senior  judge and his / her ability to come and go from Gibraltar for extended periods (necessarily longer  than Court of Appeal sessions), and not for any other reason, whatever Mr Azopardi and his  supporters may suggest.