Local or Expat?

Someone made a comment under my last blog that I should write on this subject. I promised to do so today. It is a fraught issue that will undoubtedly result in much debate and possibly heated debate. The commentator in question was of the view that


"Why don’t you ... write about the Government's policy on recruiting British Expats to lead Administrative and Constitutional Posts while the Gibraltar Tax Payer pays for their lucrative salaries and 25 % of their annual salary Tax Free bonuses each year.
For example:
Attorney General.
Chief Executive Gibraltar Court Service.
FSC Chief Executive."

I would like to start the debate by picking on a different office. My example is, why should the Governor not be a local? All the same arguments arise, so why not? I believe, that by taking the discussion to this extreme, one can start truly to debate the very real issues that arise when decisions to appoint persons to certain posts and offices, not just in Gibraltar but actually anywhere, are made. I do not pretend that I know all the arguments but, hopefully, my views will prompt the type of debate that will over a short period of time elicit a wide variety of opinions from which an informed view might evolve. I believe it is an important subject on the road of evolution that Gibraltar (and in fact any society in a small territory) has to travel and is traveling along.


The fundamental constitutional role of the Governor is to be Her Majesty's Representative in Gibraltar. This immediately defines the essential quality required by all Governors, loyalty to Her Majesty. Simple really, all Gibraltarians are loyal to Her Majesty. This has been proved over and over for years on end. We demonstrate our desire to remain British, our children serve in Afghanistan and Iraq and are honoured with the highest awards for bravery, we have UK passports etc. etc. 


Is this enough? Perhaps not because distinctions are made by the Gibraltar Government and the UK Government as to the responsibilities of governance "in right of Gibraltar" and "in right of the UK". It seems an element of split personality is a required attribute for anyone appointed to this office. This does not militate against a  Gibraltarian appointee, there can be no greater difficulty in a Gibraltarian navigating his or her way through this duality than a citizen of the British Isles. It is a question of defining responsibilities and identifying where ones loyalty is in the performance of any particular responsibility.


What about experience and qualification? Well, in the past, in the main, we have had senior military personnel appointed as governors, with two ex-senior civil servants and one ex-minister being the exceptions. I would imagine diversity of experience and knowledge both of persons and situations and how to handle both is essential. It seems to me that a Gibraltarian may have some difficulty in reaching the heights of experience and qualification achieved  by past incumbents but it is not impossible. The reality is that no one has yet achieved these. Qualification for the post of Governor is a more disparate concept. There is no specific recognised professional qualification, like perhaps there would be for some of the posts identified by the commentator who started me on this subject.


Independence is another important requirement. There is no doubting that Gibraltar has a complex and intertwined community. The threads are not just based on family ties but also on friendships, enmity, business, professions, employment, personal relationships etc. This is a difficult consideration. The Governor needs to retain some distance from people to retain dignity and independence, whilst at the same time mixing in and becoming an active participant in the community whilst he is in office. It would be difficult to argue that this is not easier for someone who is not Gibraltarian. I have seen over the years the sacrifice that some local individuals have made by reason of appointments to certain offices; two immediately come to mind and both were Supreme Court Judges, John Alcantara and Felix Pizzarello.


This leads me to the last ingredient (not least because length of posts require me to be brief on what is a massive and hugely complicated subject), choice. There has to be a group of people from amongst whom the incumbent for the post of Governor can be picked. If the choice is limited, then the likelihood is that mediocrity will creep in. Allowances will be made and over time the standing of the office will start to suffer. If the standing of the office suffers then we are on the road of decline. Decline in administration leads to decline in society. Instead of striving for the best, people will settle for less and make excuses. This is not what it is about.


Let us see what that same commentator goes on to say (and I add immediately not suggesting the office of Governor):
"I believe we have the calibre of Gibraltar born lawyers like you who would be able to discharge the posts which I have referred to above."
Well, the first question is would someone like me want to do the job? The second question is would someone like me truly have the required qualifications and experience? Thirdly, would someone like me bring the necessary independence to the post without huge personal sacrifice? Fourthly, after taking all these considerations into account will there be sufficient choice?


The answer to the first question, is, yes there probably are Gibraltarians who want and aspire to hold the various posts mentioned. I hasten to add not me! It is once that question is answered that the other more thorny issues arise. Qualification does  not mean just academic and/or professional qualifications. These, thankfully, are abundant In Gibraltar. The word qualification has to and does encompass the  concept of experience. Someone who has no or little practical experience within the field that he seeks appointment to is not qualified for the position. 


Put simply, to be Attorney General, one must have long term prosecutorial experience. To be the Chief Executive of the Gibraltar Court Service, one must have lengthy on the job experience of administering courts. To be Chief Executive of the FSC one must have experience of international regulation and supervision of financial institutions, always remembering that due to the resources available, sometime, in Gibraltar the responsibility on these shoulders exceed those of regulators in other larger jurisdictions with much larger resources.


Do I believe that Gibraltarians should fill the most senior posts in Gibraltar? Yes, of course I do. But I also believe in horses for courses and not in dumbing down. I believe that diversity and competition for jobs and posts are essential factors to ensure Gibraltar's competitiveness in the world. I believe that taking these factors out of the equation to accelerate "Gibraltarianisation" is not beneficial to the common good and has proved disastrous in other ex-colonies. 


That said there are examples of Gibraltarians having worked in various fields outside Gibraltar, who have gained more than the necessary experience to do certain high posts, yet being ignored, even for consideration for appointment. This is unconscionable. I consider that some fault lies in unofficial political interference and/or influence in selection processes. Political interference in the selection of public offices and posts is an ingredient of a banana republic. It is essential to strive for objective and independent appointments processes. Until this is achieved, there is a likelihood that lack of political independence, in the sense described above, may hamper the choice of ideal candidates to posts and offices.


I consider that the correct approach is to appoint the right people to the right post. Simultaneously there is a need to ensure that our young highly academically and professionally qualified people are employed in positions that will provide to them the necessary experience to be promoted to those posts and offices. They will also acquire wisdom  as to the level of independence (judged objectively) required with its attendant sacrifice. It will take time but no one is born with knowledge and experience. One never knows, in this manner, we might even, one day, end up with a Gibraltarian Governor!