Gibraltar to Have an Anti-Corruption Body

Functions and management

The activities of the agency is regulated by Anti-Corruption Authority Act of 25 January 2023 No. 2023-07.

The Authority will fulfill the following functions:

investigate corruption crimes independently or in cooperation with other public bodies, including those committed before the Act entered into force and submit its findings to the attention of the Royal Gibraltar Police to hold the perpetrators liable;
forward materials, in specific cases, for investigation to other public bodies;
collect, store and process reports of whistleblowers;
put forward recommendations on how to counter corruption and on other relevant topics etc.

Throughout their investigative activities, the officers of the Authority will be entitled to:

ask any person to provide information, documents and/or other materials, make copies and/or excerpts thereof etc.;
apply to the court for orders to 1) seize the documents and/or other materials necessary for investigations; 2) access certain premises; 3) search and seize possessions, documents and/or other materials;
send requests of information, documents and/or other materials to ministers and/or other officers of the Crown etc.

The Authority will be headed by the Chair who will be appointed by the Specified Appointments Commission for a three-year term.

Conflict of interest

The Act prohibits the Chair and all employees of the Authority to be in a conflict-of-interest situation.

In particular, they must report a conflict of interest before examining any issue and be suspended from participating in making decisions thereon if there is direct or indirect professional, business or material interest, personal interest, political interest, where this interest can:

affect or be considered as affecting the official’s behaviour;
be perceived as compromising the impartiality and independence of the official;
contradict the obligations, powers and functions of the official.

The concealment of a conflict-of-interest situation is punished by:

12-month imprisonment and/or the fine of £10,000 in case of summary conviction;
three-year imprisonment and/or the fine of £10,000 in case of indictment.

Liability measures

The Act also regulates liability measures for the crimes committed by the servants of the Authority.

In particular, abuse of functions and bribery (both passive and active) is punished by:

12-month imprisonment and/or the fine of £10,000 in case of summary conviction;
ten-year imprisonment in case of indictment.

Falsification, concealment, destruction of or other manipulations with the documents and/or materials necessary for conducting investigations are punishable by:

12-month imprisonment and/or the fine of £10,000 in case of summary conviction;
seven-year imprisonment in case of indictment.

The disclosure of confidential information by servants of the Authority is punishable by:

12-month imprisonment and/or the fine of £10,000 in case of summary conviction;
imprisonment of up to five years and/or the fine of £10,000 in case of indictment.

Protection of whistleblowers

Besides the provisions regulating the activities of the Authority, the Act contains the norms concerning the protection of persons reporting corruption offences.

Under the Act, a whistleblower is an individual who:

discloses information on a corruption offence to the Authority;
makes the report in the form and in line with the procedures established by the Authority.

The protection measures are adopted by the Commissioner of Police at the request of the Authority and ensure:

safety of the whistleblower;
protection of the whistleblower from intimidation, harassment or reprisals.

Under the Act, the individual who discloses information in accordance with the established procedure:

cannot be considered as violating any restrictions on information disclosure established by the law or the contract with the employer with any provisions of the latter in the extent to which they are designed to deprive the whistleblower of the right to protection being null and void;
should not experience any negative effects of the actions (deliberate omissions) of the employer due to the disclosure made by the individual.

*The Act will come into effect on the day of publication of the respective decree of the Chief Minister in the Gazette.

The staffing of the Authority is ongoing.