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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

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