Have GSLP Learned Nothing on Conflicts from Openshaw Report?

The GSD will be setting out its views on the draft Bill separately. Have GSLP Learned Nothing on Conflicts from Openshaw Report?

It beggars belief in the context of the Openshaw findings on perceptions that the draft conflicts of interests law which is the direct result of a McGrail Inquiry recommendation has been drafted by a person who has a long-standing professional relationship with the Government and Hassans.

Leader of the Opposition, Keith Azopardi, said: “Of all the thousands of law-drafting people in the world is the
Government seriously saying that the only person who could do the job of drafting this crucial law which came about because of conflicts of interests between the GSLP and Hassans is a person with previous professional links to the GSLP Government and Hassans? Given the very extreme circumstances of this case and what Sir Peter Openshaw said about appearances it was important for Government to have chosen a draftsperson – there are many – without previous professional links to those at the heart of the conflicts issues. It is what people would have expected.”

The core issue that led to the most serious findings of the Openshaw Report was the inability of the Chief Minister to navigate conflicts of interests and his relationship with the senior partner of Hassans.

Sir Peter Openshaw found that on several occasions Mr Picardo behaved in a grossly improper way and attempted to interfere in a live criminal investigation. That police investigation was into circumstances that had arisen when a company (36 North) in which Hassans (and through them the Chief Minister) had ultimate beneficial interests had vied for a lucrative public service/national security contract.

Sir Peter Openshaw recommended that conflicts of interests legislation be introduced to guard against issues he had found and that the Canadian conflicts of interests law be used as a model. Anyone therefore would have thought that the person asked to draft such a law would not have a previous professional relationship with the Government or Hassans.

This is especially relevant given that Sir Peter Openshaw observed that the evidence of conflicts of interests “…strongly suggests that the existence of these connections, and the influence they may have on the consideration of public affairs, is not always understood. Still less are these connections identified, acknowledged or addressed. Further, just as importantly, the appearance of these connections is often not considered at all.” When he recommended that a conflicts of interests law be introduced Sir Peter Openshaw said it should require disclosure of interests which “might influence or might appear to influence, the consideration of official public business.”

In stark contradiction to the spirit of that comment the person asked by Government to draft the conflicts of interests law (Daniel Greenberg) has a long-standing professional business relationship with Hassans and the Government going back 15 years from the start of this GSLP/Libs administration. So much is clear from his personal website that also lists the legislation that he has drafted for the Government during the period 2012 to date. Mr Greenberg also confirmed this in a meeting with the Leader of the Opposition and the Shadow Justice Minister where he also confirmed his long- standing professional relationship with Hassans in the context of some of those Government drafting projects.

The Public Service (Standards and Conflict of Interests) Bill 2026.Sir Peter Openshaw made clear that there should be distance between those in power and those tasked to do key roles. Here in the most crucial area of drafting conflicts rules that stem from obvious failures by the GSLP Government o navigate its conflicts with Hassans someone previously professionally engaged by both is asked to draft the law. We do not suggest that Mr Greenberg is anything but an unimpeachable professional but could another individual who has not previously worked for Government or with Hassans not been chosen? This is also about those appearances and perceptions that Sir Peter Openshaw spoke about.

The GSD will be setting out its views on the draft Bill separately.