Proper consultation needed in ‘knee jerk’ chemical castration proposal, GSD says

Proper consultation and not “populist knee jerk reactions” are needed in the issue of chemical castration for those who have committed sexual offences against children, shadow minister for justice Joelle Ladislaus has said.

Following a question-and-answer session in Parliament on Thursday morning, Mrs Ladislaus told this newspaper this was a “shoot from the hip policy”.

“We have manifesto commitments about introducing local sentencing guidelines and we need to consider the implications of this sudden shoot from the hip policy that the minister has announced on Facebook,” Mrs Ladislaus said.

“We need to hear what the medical and legal advice is first. I would point to our manifesto commitment for new tougher sentencing guidelines for child sex offenders, which in such a small place is more practical.”

She added that the timing of these announcements has been “telling”.

“These things need to be done following proper consultation processes and not as populist knee jerk reactions on social media.”

The Minister for Justice Nigel Feetham told Parliament he was exploring the feasibility of introducing mandatory chemical castration as part of the sentencing framework for the most serious sexual offences against children.

He said this is currently in the preliminary stage and the option of voluntary chemical castration is also being considered.

Mr Feetham said “all options are on the table” when considering whether this could be extended beyond sexual offences against children and to vulnerable people.

“We are at a preliminary stage,” he said.

“We don't discard any option when it comes to the protection of vulnerable persons and indeed children primarily.”

He added that the Government's position is that “in addressing offences of this gravity no potential measure should be dismissed without proper consideration”.

He outlined how the Gibraltar Government has engaged with the UK Government to obtain further information regarding the proposed expansion of its voluntary pilot scheme.

Views have also been sought on the legal constitutional and ethical implications of any local legislation that might provide for mandatory chemical castration for certain categories of offenders including whether they would raise any objections to such a course.

“I have done this in order to ascertain whether the United Kingdom may be in their own exploration of mandating this approach,” he said.

He pointed out how in May last year the then Lord Chancellor and Secretary of State for Justice Shabana Mahmood in the House of Commonsstated she was “exploring whether mandating this approach is possible.”

“I emphasise that this work remains at a very early stage once the views of the United Kingdom government have been received, the government will undertake further detailed analysis of the policies feasibility,” he said.

“This will include seeking advice from His Majesty's Attorney General on issues of constitutionality as well as the broader consultation including with the Gibraltar Health Authority to assess the practical considerations involved in implementing such a sentencing measure.”

Ms Ladislaus asked who would be responsible for administrating the chemical castration drugs and the process including medical follow-ups, which Mr Feetham said have not been considered at this stage.