GSLP-Liberals-Manifesto-2019
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headlines which will undermine the<br />
attraction of inward investment or<br />
finance centre business by creating<br />
the impression that there must be<br />
rampant corruption in Gibraltar if there<br />
is a need for a special Anti-Corruption<br />
Authority.” The PDP argued that<br />
control of the policing of these<br />
offences should therefore be retained<br />
by the RGP, agreeing with the GSD.<br />
[GSD (Govt) & PDP press releases,<br />
25th October 2011.] In Government,<br />
we were asked by the RGP to allow<br />
them to retain responsibility for these<br />
matters, and we reflected that in our<br />
last manifesto. Now, given that there<br />
have been suggestions by others that<br />
such an independent Anti-Corruption<br />
Authority should be created, we<br />
believe it is important for transparency<br />
that the incumbent Government<br />
should not stand in the way of the<br />
establishment of such an authority.<br />
We will therefore now, as we said we<br />
would, establish a totally independent<br />
Anti-Corruption Authority within six<br />
months of the election. As we had<br />
proposed in 2011, the Authority will<br />
have the right to investigate matters as<br />
from 1988. This will also demonstrate<br />
our confidence that the <strong>GSLP</strong> Liberal<br />
Government acts entirely properly at<br />
all times and in all respects.<br />
LEGISLATION<br />
The Government has certainly not<br />
stood still in taking to Parliament many<br />
important Bills. Some of the more<br />
notable Bills that have already been<br />
enacted under the Justice portfolio in<br />
order to ensure that Gibraltar’s laws<br />
are up to date, are set out below.<br />
‘UPSKIRTING’<br />
We took a law that was passed to<br />
prohibit “upskirting”.<br />
PRISON (AMENDMENT) ACT<br />
The changes increase the minimum<br />
time to be served by inmates serving<br />
a sentence from the current third to<br />
half of their sentence. Inmates serving<br />
sentences greater than 4 years will<br />
be eligible to apply for parole at the<br />
half way point. The release of such<br />
inmates will not be automatic and will<br />
require consideration by the Parole<br />
Board as is currently the case. It will<br />
remain the Parole Board’s duty to<br />
advise the Justice Minister whether to<br />
release a prisoner on licence and on<br />
which conditions. Licence conditions,<br />
subject to any revocation or additional<br />
days that may be imposed, will remain<br />
in force for three-quarters of the<br />
sentence. The changes brought about<br />
by the Act will have prospective, and<br />
not retrospective, effect, meaning<br />
that the new provisions will only apply<br />
to persons first detained after the<br />
commencement of the Act.<br />
LASTING POWERS OF ATTORNEY<br />
On April 23rd 2018, the Lasting<br />
Powers of Attorney and Capacity Act<br />
2018 came into force. This Act made<br />
provision for lasting powers of attorney,<br />
advance decisions, and introducing<br />
safeguards once mental capacity has<br />
been lost. The Act represented a<br />
paradigm shift as to decision making<br />
and to the care and treatment of<br />
those individuals who lack capacity.<br />
This legal framework empowers and<br />
protects those who cannot make<br />
specific decisions for themselves.<br />
The Act works hand in hand with our<br />
efforts in increasing the awareness,<br />
early diagnosis, and care for those with<br />
mental health issues and dementia.<br />
We must ensure that vulnerable adults<br />
are afforded, at a minimum, a certain<br />
level of protection. In turn, patients<br />
and their families will have greater<br />
peace of mind, knowing that a person’s<br />
wishes will be respected.<br />
LEGAL ASSISTANCE<br />
In government, we agreed the reforms<br />
to the legal assistance regime with the<br />
Bar Council and other stakeholders. In<br />
our view, we correctly balanced the<br />
need to significantly improve access to<br />
justice by increasing eligibility for legal<br />
assistance with the need to ensure that<br />
tax payers’ money is not used to fund<br />
unreasonable cases. We increased<br />
the thresholds for financial eligibility,<br />
raising the £5,000 limit for earnings<br />
to over £14,000 and increased the<br />
capital amounts that may be held by<br />
applicants from £500 to £10,000. We<br />
also changed the rules to allow the first<br />
£50,000 of equity a person has in their<br />
property to also be disregarded when<br />
working out capital owned. We have<br />
no doubt that the new legal framework<br />
will decisively and significantly<br />
increase access to justice to members<br />
of our community who most need it.<br />
Further, the introduction of the Duty<br />
Legal Representative Scheme secures,<br />
for the first time in Gibraltar, advice<br />
and representation to persons in<br />
custody 24 hours a day, 7 days a week<br />
thus guaranteeing arrested persons’<br />
human rights.<br />
TRANSPOSITION OF EU DIRECTIVES<br />
Gibraltar continues to stay ahead on<br />
the transposition of EU directives. We<br />
shall ensure that we do so whilst we<br />
remain a part of the EU.<br />
...aspire to the best Gibraltar 145