Charles Gomez "Motion Against Principal Auditor Undermines Rule of Law"
Author: Charles A. Gomez
Statement by Charles Gomez, Barrister-at-Law
As a barrister of 43 years' standing, a member of the Gibraltar Bar, and of the Honourable Society of the Inner Temple, I feel compelled to express my grave concern over the Notice of Motion submitted by the Chief Minister to the Gibraltar Parliament today, 17th July 2025.
The proposed motion seeks to condemn the Principal Auditor, a career civil servant with an unblemished professional record, for alleged bias, incompetence, and lack of independence, and to reject his constitutionally mandated report on the Government’s financial conduct for the years 2018–2019. The Principal Auditor is to be so condemned without any opportunity to be heard or to defend himself in the very forum that is set to pass judgment upon him. This represents a serious breach of constitutional norms, legal principles, and democratic standards.
Constitutional Overreach by a Subordinate Legislature
Unlike the UK Parliament, which enjoys sovereign authority, the Gibraltar Parliament is a subsidiary legislature created by the Gibraltar Constitution Order-in-Council 2006. It is not a sovereign body and has no judicial powers whatsoever. It cannot issue findings of legal culpability against individuals or constitutional office-holders. To attempt to do so, as this motion plainly does, is a constitutional overreach and a misuse of parliamentary procedure for a purpose it was never intended to serve.
The Constitution guarantees the independence of the Principal Auditor. Section 74(3) expressly prohibits any person or authority from directing or controlling the Auditor in the performance of his duties. For the Government to use its majority in Parliament to censure the Auditor for the content of a report, simply because it does not like the findings, is not only an affront to his independence, but an assault on the very principles of accountability and oversight upon which our democratic governance depends.
Breach of Natural Justice and Democratic Fair Play
To publicly condemn a public officer, without affording him a fair hearing or an opportunity to respond, is a flagrant breach of natural justice. In any functioning democracy governed by the rule of law, no person, least of all a constitutional watchdog , should be subjected to reputational harm or public censure without due process. This principle applies all the more strongly when the censure is issued by the legislature, which in Gibraltar has no inherent privilege or power exceeding that of the UK House of Commons.
It is not the role of Parliament to act as judge, jury, and executioner over civil servants performing their constitutional duties. The correct forum for addressing concerns about an Auditor’s conduct, if any genuinely exist, is through the procedures established by the Constitution, involving the Governor and the independent Specified Appointments Commission.
A Dangerous Precedent and a Chilling Message
This motion, although constitutionally and legally invalid sets a dangerous precedent. If the Executive, can use its majority in Parliament to discredit and intimidate independent oversight officials, then the checks and balances that safeguard Gibraltar’s constitutional order are gravely at risk. It sends a chilling message to all public servants: challenge the Government, and you risk being politically condemned without defence.
In constitutional democracies, it is the duty of Parliament to hold the Government to account, not to shield it from criticism by attacking the institutions designed to monitor it.
Call to Uphold the Rule of Law
I therefore call upon:
a - The Speaker of the Gibraltar Parliament to rule the motion out of order as unconstitutional and contrary to natural justice.
b - The Chief Minister to withdraw his motion immediately and to respect the independent role of the Principal Auditor.
c - The citizens of Gibraltar to remain vigilant in defence of the Constitution, judicial independence, and the rule of law.
No democracy can function if constitutional officers are sacrificed on the altar of political expediency. Gibraltar deserves better.