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A MINISTERIAL CODE FOR GIBRALTAR
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Two of the main objectives of the GSLP Liberals are to bring real open government and transparency to Gibraltar. There will be a series of important policies that will be introduced in the first year of a GSLP Liberal Government which will be announced over the coming weeks.
The Leader of the Opposition, Fabian Picardo, has laid down as one of his first priorities for government the drafting and adoption of a Ministerial Code by which all ministers will have to abide; thereby underpinning the need for the real accountability which is rightly demanded by the public.
He said yesterday that the proposal for a Ministerial Code is being presented first because it sets the benchmark by which the wider issues of open government and transparency will be governed.
In the 1980s the British Government had “Questions For Procedures for Ministers” which first took on the form of a code when introduced by then Prime Minister John Major in 1992. The first Ministerial Code was, however, introduced by Tony Blair in 1997 and it is now traditional for a new Prime Minister to update the code after taking office for the new legislature.
Since 1997 the Scottish Government, the Northern Ireland Executive and the Welsh Assembly Government have all developed their own Ministerial Codes adapted from the British Parliamentary model.
No such detailed code exists for Gibraltar, however, and there are no specific, detailed guidelines on how ministers should conduct themselves in relation to the many issues which can confront them, not least in respect of conflicts of interest, which are so prevalent in a small-knit community such as ours. The present collection of Speakers Rulings is clearly no longer sufficient to deal with the increasingly sophisticated issues that can confront ministers.
As a result, Mr Picardo says he has already been discussing with retired senior civil servants to draw on their experience to understand the best ways the Westminster Code can be adapted for use in Gibraltar.
“There is an urgent need to bring real openness to government and transparency to decision making in Gibraltar as well making available to the people information on ministers, their interests and the decision making process.
“On numerous times in Parliament I have called on the current Chief Minister to introduce aspects of the Ministerial Code in Gibraltar, in particular in relation to travel cost. He has consistently refused to do so meaning there are still no strict rules laid down to govern ministers’ behaviour for example when confronted with conflicts of interests or their public accountability.
“If I am elected Chief Minister by our people, I will immediately instruct the drawing up of a draft Ministerial Code to meet the specific modern requirements of Gibraltar’s government and look to the appointment of officials to oversee the day to day management of its provisions, independent of the Executive branch of Government. Once a draft of the Ministerial Code is produced and considered by the GSLP/Liberal Cabinet I will bring it before Parliament so that all MPs may consider it, debate it and vote on its adoption. I am committed to this happening within the first calendar year of the next Parliament if we are returned into Government,” he said.
PRINCIPLES
*In 1995 the Committee of Standards in Public Life laid down these principles for ministerial behaviour.
“Selflessness: ministers should act entirely in the public interest.
“Integrity: no financial obligations should be accepted if they could undermine the minister's position.
“Objectivity: when making appointments, decisions should be based on merit.
“Accountability: all public office-holders are accountable, and should co-operate with all scrutiny procedures.
“Openness: all decisions should be justified, and information should be restricted only when necessary for the public interest.
“Honesty: public office-holders are required, by duty, to be honest in all their dealings and business.
“Leadership: the principles should be supported and upheld by leadership and example.
Mr Picardo said: “As Chief Minister I would want my ministers and myself to be held to account by these same exacting criteria. Governments are elected by the people; govern for the people and must be accountable to the people. Open government and transparency should be the norm not some obscure doctrine with no reflection in the daily reality of Government. A GSLP/Liberal government will not just say it is committed to transparency and accountability – we will bring in the mechanisms to objectively guarantee the public that our words will not be hollow and that we will be held to account. This is just one of those mechanisms, we will be announcing to deliver that real, objective openness and transparency after the election if we become the Government of Gibraltar.”
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