HEALTHPLAN MAGAZINE

In a surprise move, Prime Minister, Pedro Sánchez, and the Socialist Party (PSOE) have softened their stance on reforming the Public Safety Law which is known locally as the 'gag law'.

The controversial law was approved by the then in power Popular Party in 2015. However, from the very beginning, it was criticised for impeding citizen’s freedom of expression. Many human rights activists reacted negatively to the legislation, as they claim it denies citizens the right to free speech.

Express Deportations

One of the aspects of the law that the government wants to reform is the aspect of ‘express deportations’. This is where migrants are immediately sent back to Morocco rather than first being processed in Spain. When the Socialist Party were in opposition, this was one aspect that they strongly opposed.

While it is clear there will be some kind of reform, the government does disagree on the scope of the reform and law. The reform will be discussed and deliberated by the congressional Internal Affairs Committee.

The Prime Minister signed an appeal before the Constitutional Court to end express deportations after claiming it put the physical and moral integrity of the deported migrants at risk. However, in recent budget negotiations between PSOE and Podemos, the anti-austerity party, there are signs they want the government to omit their commitment to end express deportations.

In 2017, the European Court Of Human Rights found that Spain had violated the European Human Rights Convention during the deportation of two migrants. As a result, Spain had to pay €5,000 to each migrant for damages. However, Spain has since appealed against the rule. The Interior Minister Fernando Grande-Marlaska, argues that until an agreement has been reached over the issue, the new text should not mention express deportation processes.

Police Officers

Another aspect of the law that is expected to be toned down is that sanctions against people who film and share images of police officers. Although the government wanted to eliminate the sanctions, they are now saying that this law should only apply when the images can endanger the personal security of the officers or their families. The law can also apply if the images hinder the success of a police operation.

Interestingly, the reform discussion comes after data from the government shows that fines resulting from law infringements have reached over €270 million since the law was introduced.

While the reform is still in discussion regarding the Public Safety Law, as PSOE is a minority government, they rely on the support of Podemos to pass laws. With this in mind, the aspects reached in the budget agreement between the two parties is more likely to show what will happen to the reform rather than what the minority government wants to change.