Government urged to seek approval of House before agreeing to talks with Spain

It is entirely justified that many in Gibraltar should listen to Sr Zapatero's words on Gibraltar with a high degree of scepticism, says local Labour party leader Daniel Feetham, who calls on Government to seek a bipartisan approach to talks with Spain.

In a statement, he said: “It is natural and entirely justified that many in Gibraltar, including the Labour Party, should listen to Sr Zapatero’s words on Gibraltar with a high degree of scepticism and be on our guard. Spanish Governments of all complexions have from time to time tried to give the impression that they are willing to decouple sovereignty from talks on improving relationships in the area, only to merge the two as soon as the process got under way.

SPAIN WANTS SOVEREIGNTY SOLUTION

"We must point out, however, that in substance the object of Sr Zapatero’s willingness to engage is to find a definitive or final solution to the Gibraltar dispute, and this can mean nothing other than the sovereignty dispute."

Sr Zapatero also made clear that the process he refers to would be a ‘bilateral’ process between Britain and Spain, and this has not changed by his ‘willingness to hear the voice of this autonomous territory’. Sr Zapatero is saying that he wants negotiations on sovereignty, and would be prepared to consider our interests, as expressed by Gibraltar’s leaders, he said.

The Labour Party is however encouraged by the general tenor of the Chief Minister’s response to Sr Zapatero’s statement. "We recognise the need to not to discourage any softening in the Spanish Government’s attitude, even if it is just rhetorical. We note the Chief Minister’s statement that ‘open agenda’ talks are currently being looked at, presumably by Madrid, London and Gibraltar, and applaud the statement that the process being considered “has nothing to do with sovereignty nor linked to it” and that “it would not be part of the Brussels Process”.

THREE CONDITIONS

If such a decoupling is to be sustained, three conditions are essential, in their view:

1. The Spanish Government must recognise publicly that talks are on improved relations only;

2. The British Government must recognise the same, and to do so publicly;

3. The Gibraltar Government must seek the bipartisan approval of the House of Assembly on the precise conditions of any diplomatic process suggested by Madrid and London before agreeing to take part.

The party adds that it must point out that the Spanish and British Government’s actions in the European context are exactly the reverse of Sr Zapatero’s rhetoric.

BORDERS EXCLUSION

"We refer to the Gibraltar’s exclusion from the EU’s Single Sky and External Frontiers measures carried out at Spanish instigation and with British Government eventual approval. These exclusions have a vital territorial significance for Gibraltar. They have not been based on any legal case or any consideration of European interests. They are motivated by this Spanish Government’s unchanged policy of emasculating Gibraltar. A reversal of these unfriendly and unjustified decisions must be a prime objective of any talks to improve relations with Gibraltar,” said their statement.

Meeting on 4 October? What meeting?

The Convent has reacted to a lengthy Press release earlier this week from the VOGG which said that they would be holding a vigil outside the Governor's residence while Straw and Moratinos met on 4 October.

"VOGG are of course welcome as always to make their views known, but may wish to know that no Anglo-Spanish ministerial meeting is - or was ever - planned for 4 October," said the Govenor's office in an official Press release yesterday.

It adds: The Foreign Secretary and Sr Moratinos do meet regularly, and have agreed to meet at some point in the autumn.

There has been mention in the Spanish media that this will be after the UN speech season which is now in full swing, thus all pointers are that it will be next month.

The actual date? Wait for it!

Gib volunteers in Tangier visit

Volunteers from The Gibraltar Cheshire Home Support Group visited Dar El Hana in Tangier over the weekend. It was an opportunity to check out progress so far on different projects and also a chance to catch up socially with the residents.

Some time was also spent with local residents who are often supportive of the work carried out in Tangier and the group believes that nurturing friendships is an important aspect of the work, particularly when the visit involves groups of young people from Gibraltar.

A series of items that would benefit the home was identified and the local group is now in the process of attempting to acquire these.

We are hoping to drive over in a van within the next couple of months and would welcome assistance with the following items:

Toiletries

Incontinence pads/nappies

Fishing reels

Anti acid tablets and aspirin

Small television sets

A washing machine

The group is also hoping to find suitable volunteers prepared to spend blocks of 2 weeks at the home teaching English as a foreign language, assisting with medical and nursing care, and offering support in other ways.

If anyone feels they can help out or would like further information please contact Mark Montovio on telephone 40338.

Gibraltarians have already spoken, Opposition tell Zapatero

Reacting to the remarks on Gibraltar at the UN by Spanish prime minister Rodriguez Zapatero, the GSLP/Liberal Opposition considers that it is surprising that the Spanish Prime Minister should say he wants to hear the voice of the Gibraltarians, in the context of a settlement to the sovereignty dispute between the United Kingdom and Spain, "when the people of Gibraltar have been spelling out what they want for decades."

Zapatero has told the United Nations General Assembly that he wanted to negotiate with the United Kingdom to find a solution which would benefit the whole region. He added that the "voice of the non-autonomous territory of Gibraltar" should also be heard in that context.

It appears that Mr Zapatero is not aware that the people of Gibraltar have been making their views known for decades, and that we do not want to be part of Spain in any way whatsoever.

This included a first referendum which took place on 10 September 1967 where the people overwhelmingly voted to retain their links with the United Kingdom, and a second referendum on 7 November 2002 where the Gibraltarians rejected sharing sovereignty with Spain in any shape or form.

SELF-DETERMINATION

Moreover, the objective of the people of Gibraltar as evidenced during Tercentenary Day and National Day this year, and on countless other occasions throughout the years, is one of decolonisation through the principle of self-determination. Tens of thousands of people have attended political rallies in Gibraltar in support of that objective. This remains fundamentally incompatible with official Spanish policy on Gibraltar.

CONSTITUTION

The Spanish Prime Minister may also not be aware that a Select Committee of the House of Assembly was set up in 1999 in order to draw up a new decolonising constitution. That Committee reported in February 2002, and the document was formally presented to the British Government in December 2003 in order to open negotiations for the decolonisation of Gibraltar. The constitutional blueprint, which was unanimously agreed by the Government and the Opposition in Gibraltar, envisages a decolonised future for Gibraltar in which Spain plays no part.

As regards Sr Zapatero's reported reference to Gibraltar as a "non-autonomous territory", it would be very odd if he did not know the high level of autonomy from the United Kingdom that Gibraltar enjoys which is more than any of Spain's regional Governments enjoy, notwithstanding the fact that Gibraltar is a colony. We are classified as a "Non-self governing territory" by the United Nations, which means that Gibraltar is a territory waiting to be decolonised. Presumably, Sr Zapatero was referring to Gibraltar's Non-self Governing status in the UN context when he described it as "non-autonomous".

CLEAR

"In the final analysis, the Parliament of Gibraltar and the people of Gibraltar have made it clear for decades that we have no desire to be part of Spain, nor do we want any form of political association with that country," they add.

It is very peculiar that Sr Zapatero should feel the need to hear this message once more in the context of an Anglo-Spanish negotiating process. Perhaps it would be a good idea for the Government to invite him here for National Day next year so that he can receive that message loud and clear at first hand directly from the people of Gibraltar, says the Opposition.

Will Bossano preside over House when new Speaker is confirmed?

The Leader of the Opposition, Joe Bossano, may be called upon to preside over the House of Assembly when the House meets to confirm a new Speaker. He is the Father of the House, which is the title given to its longest serving Member. Mr Bossano was first elected to the House of Assembly in 1972.

This curious development is what happens in the House of Commons when the retiring Speaker is no longer in post.

When Michael Martin was appointed Speaker of the House of Commons on the retirement of Betty Boothroyd, it fell on Sir Edward Heath, the Father of the House, to preside over the session as Chair. This happened even though Heath belongs to the Conservative Party, which is the official Opposition, and not to Blair's governing Labour Party.

It will be recalled that Judge John Alcantara resigned as Speaker of the House of Assembly with effect from 4 August. This means that the retiring Speaker is not in post in Gibraltar and therefore cannot preside over the confirmation by the House of his successor. The procedure of the House of Assembly follows that of the House of Commons when local rules are absent.

There is nothing in the Constitution as to the procedure for the confirmation of a Speaker by the House of Assembly, once that person has been appointed by the Governor. The rules of the House point to a Speaker presiding or in his absence an Acting Speaker In the absence of a Speaker and an Acting Speaker it allows for "such Member of the Assembly as the Assembly may elect for the sitting" to preside. However, this logically assumes that the Speaker and Acting Speaker are absent, and not that the office of Speaker has been vacated completely.

The Attorney General has, in the past, been the officer entrusted with reading out the Governor's instrument of appointment of a new Speaker, but he does not preside over the session himself. When Bob Peliza took over from Alfred Vasquez, for example, it was the latter who presided. The difference is that the abrupt nature of Mr Alcantara's departure, for reasons which are well known, has not allowed for a smooth transition to take place and the House of Assembly now finds itself in unchartered waters.

House of Commons procedure suggests that the Governor, in the name of Her Majesty, may have to call on the Father of the House, Opposition Leader Joe Bossano, to Chair the session where the House will confirm Haresh Budhrani as its new Speaker, even though Mr Bossano and the Opposition will be voting against him.

Invincible task group in Gibraltar tomorrow

A task group consisting of HMS INVINCIBLE, together with the Destroyers HMS SOUTHAMPTON and HMS MANCHESTER, sailed from UK on Monday to take part in a large scale NATO exercise based around the island of Sardinia in the Mediterranean.

HMS INVINCIBLE and HMS MANCHESTER will arrive in Gibraltar tomorrow. HMS SOUTHAMPTON is expected to arrive 24 hours later and the 3 ships will remain for a short while conducting routine business before heading into the Mediterranean.

Exercise

The exercise will consist of live-fire training and will include forces from Canada, Belgium, Netherlands, France, Germany, Greece, Italy, Spain, Turkey and the United States along with Maritime and Amphibious forces affiliated with STRIKFORNATO. The exercise will also be the first test of the NATO Response Force (NRF) and will involve more than 10,500 personnel, over 50 ships and 50 aircraft from 11 NATO nations. INVINCIBLE and her air group will make a vital contribution to this force.

Busy

This will be INVINCIBLE’s third major deployment this year which has been a particularly busy one with her exercising off the coast of Norway as an Amphibious Carrier; re-roling as a Strike Carrier to deploy to the US coast and now acting as the Flagship for this trip to the Mediterranean.

In this role she will be embarking several senior Force Commanders and their battle staffs as well as her usual complement of Harrier aircraft from 801 Squadron based at Yeovilton and Sea King helicopters from 849 and 771 Squadrons based at Culdrose. The deployment will include several port visits and will last until early November.

The Commander in Chief Fleet, Admiral Sir Jonathon Band will be embarked on HMS Invincible and will host a lunch on board, during the task groups short stay in Gibraltar. The Governor will visit Invincible tomorrow, boarding whilst she is at sea and disembarking as the ship berths.

Liberal Democrats open Gibraltar office

The British Liberal Democrats have opened a constituency office inGibraltar. This will be the office of the Liberal Party of Gibraltar whichis located in Irish Town.

This follows the visit for National Day of South West Liberal DemocratMEP Graham Watson and discussions held between Mr Watson and Liberal PartyLeader Dr Joseph Garcia. Speaking in the European Parliament last week Graham Watson said that hewas proud to be one of Gibraltar's representatives in the Brussels and Strasbourg, he also made the point that the Parliament has to stand up for the rights of EU citizens and defend those rights from encroachment by the EU member states.

Mr Watson is now the Leader of the Alliance of Liberals and Democrats for Europe, which has 88 MEPs from 19 different countries. The new group now includes regional parties from both the Basque Country and Catalunya and is the third largest force in the European Parliament. These parties see the regional development of Europe as the way forward.

Commenting on the designation of the Gibraltar office, Dr Garcia said:

"Members of the public will now be able to forward relevant EU complaints to Mr Watson through the Liberal Party office. They remain, of course, in the same way as any constituent, perfectly free to do so directly as well."

Restrictions on freedom of expression by civil servants should be lifted

The Reform Party says believes that the current restrictions on Civil and Public servants' freedom of expression should be reviewed. In particular, the Party emphasises the present conditions in Gibraltar under the Official Secrets Acts and others. It claims these are often used to restrict virtually all verbal and written statements of opinion by public employees.

The Reformists say they support "for obvious reasons" the current ban on Civil Servants expressing overt Party Political propaganda.

"However, the problem is that practically any other expression of opinion is muzzled too," they argue.

"This goes too far. The whole situation urgently needs to be brought up to date to reflect the changes in Gibraltar's society over the last few decades and allow Civil Servants the right to express views on particular issues as they arise, provided these are not openly partisan."

" The problem" a party spokesman told PANORAMA"is not just one of the actual limits themselves but also the ways in which they are subjectively interpreted by officials. This personal whim basis is unfair and inconsistent and should be replaced by clear, unambiguous new guidelines which are both fair and objective."

New EU Constitution "a genuine threat to Gibraltar's British sovereignty"

By Matthew George in London

The proposed new European Constitution IS a genuine threat to Gibraltar's British sovereignty, UK Shadow Foreign Secretary Michael Ancram has warned.

He believes that UK Defence Secretary Geoff Hoon signalled that this would be the case during his visit to Gibraltar for the tercentenary celebration in August.

Now Mr Ancram, Conservative Deputy Leader, has pledged that his party will fight to prevent any "shady deal" to sell Gibraltar out.

His comments follow the warning last week from the European Foundation that warned the Blair government would be willing to trade Gibraltar for European concessions when the time is right.

Mr Ancram followed up Mr Hoon's controversial comments - which some felt cast a shadow over the tercentenary celebrations - with a Written Parliamentary Question to Foreign and Commonwealth Affairs Secretary Jack Straw.

He asked pursuant to the comments by Mr Hoon "that the enlargement of the European Union would have implications for Gibraltar, if he will make a statement on what those implications are".

Mr Straw replied: "As the Government have often made clear, enlargement will bring a range of benefits, including economic ones, to both existing and new member states. Gibraltar with its record of economic dynamism is well placed to take advantage of these increased opportunities within an enlarged Union.

But Mr Ancram revealed his doubts about this response, and underlined his conviction that the threat to Gibraltar' future meant it was vital to opposed the proposed new EU constitution.

He said: "I believe Jack Straw's answer to me is disingenuous.

"It was quite clear that Hoon's remarks were aimed at reassuring the Spanish and not Gibraltar and that there is a Government view that Gibraltar's British sovereignty will somehow be diluted and eventually be extinguished by the EU with its new Constitution. This is another reason to oppose this wretched constitution.

"Gibraltar's sovereignty is not up for grabs and is certainly not for bartering as part of some shady EU deal. Gibraltar's future will be decided by her people freely and fairly, and in that they have the fullest support of the Conservative Party."

Mr Ancram's comments come in the wake of the warning from the European Foundation last week that the "done deal" on joint sovereignty could be revived when the Blair government thought the time was right, meaning a "precarious future" for Gibraltar.

Rob Foulkes, a research assistant at the European Foundation, said while the Government of Gibraltar's insistence on its rights of self-determination has put off a "done deal" for the present, the Blair Government had shown it would be willing to trade Gibraltar for European concessions when the time was right.

The European Foundation concluded that the enemy for Gibraltarians is not the British people, nor Parliament, nor even the Labour Party as a whole, all of whom have expressed support for continued British sovereignty in Gibraltar. It is instead a core of policymakers for whom the incontrovertible and democratically expressed will of British subjects takes second place to the considerations of the European project.

And it adds, the anniversary celebrations must serve as a source of strength for the will of Gibraltar, to hold out against this new diplomatic siege until a Government takes power in Britain with conviction in its principles of self-determination, and pride in its British identity.

Offensive says VOGG

Now that the euphoria of 'Encircling the Nation' and National Day is over, the 4th. October looms nearer.

After the acrimonious exchanges over the tercentenary celebrations, 'surprisingly' brought to 'welcomed' end by Moratinos' piece in El Pais, what can be expected from a resumption of talks ? After asking this question, the Voice of Gibraltar group says: "Let no-one have any illusions of a Spanish 'enlightenment'. The F&CO aided and abetted its formulation, with Geoff Hoon and The Convent privately 'selling' it on the eve of its publication and publicly, ever since."

Clutching at Straws

The VOGG adds: The optimists, not forgetting those always ready to 'clutch at any straws', will hope that the so-much-vaunted new Spanish 'talante' is genuine, that HMG will stand by the referendum result and that cross- border co-operation is a reality.

The pessimists, or realists, as the case may be, are certain that, after an initial period of fine words, everything will revert to the 'security' of the 'status quo'.

'But once in a lifetime The longed-for tidal wave Of justice can rise up And hope and history rhyme' to quote Seamus Heaney.

Take-off

Moratinos has made it patently clear that he wants to take-off from where Pique left off, i.e. joint- sovereignty. Should HMG's 'shelving' of the proposals still prevail, then the respective positions are incompatible.

So, will the talks be simply an opportunity to agree a strategy to woo the Gibraltarians, with cross-border co-operation the inducement ? With HMG's propensity to enter into dialogue with a 'kicks por si pega' attitude, as opposed to the Spaniards' clear-cut convictions, there is always the danger Gibraltar will, once again, end up on the 'political' back-foot, or worse, laden with another infamous deal.

Take care

Care must be taken that the push for collaboration with the hinterland is not a subtle guise to distance The Rock's elected representatives from the 'matter of state'. At best, this will diminish to position of the Chief Minister to that of a Campo mayor and, at worst, prejudice Gibraltar's stance at the UN.

The VOGG has always advocated for 'normal' neighbourly relations, based on mutual respect and reciprocity, but never at a political price. It is the Chief Minister's prerogative to use his best endeavours to that effect and meet whoever he deems opportune or appropriate. Likewise, he has an obligation to inform his fellow-citizens of the specifics of such meetings.

Notwithstanding, there is no need for any rumblings about his tete - a -tete with the official from Asuntos Exteriores. With hindsight, it has to be taken in the context of the Palacio de Santa Cruz's comment that it was merely a 'private function'. Nobody can negate the fact that had the Spaniards gained anything from it, a spate of jingoism would have followed, just as it did after Jack Straw's policy statement of 12th. July 2002.

Particularly offensive

Of all the rhetoric that has emanated from every quarter, since Moratinos' article (even a rare contribution from the Deputy-Governor), two things are particularly offensive to The VOGG.

Firstly; Moratinos' condescending statement that 'Gibraltarians should not be made to pay for the UK's insensitivity'. Well, everyone still waits in a queue, cannot use a local mobile phone across the border, gets diverted to Malaga via Tangier, no UEFA and no IOC, amongst other 'pleasantries'.

Secondly; The report from sources at the F&CO that 'cultural, social and community' issues will be discussed at the talks. HMG has no moral or constitutional legitimacy to deal with these. Neither has it a trustworthy understanding of the realities on the ground in Gibraltar to do so.

As far as Spain is concerned, it is none of her business. Only House of Assembly elected members may discuss these matters at an 'official' level with relevant representative bodies 'assisting' on a 'practical' basis, in their fields of competence. Perhaps this is just another ingenious F&CO ploy to entrap the Chief Minister into participating in a negotiating process that is totally unacceptable to the vast majority of the Gibraltarians.

Governor should speak

With two weeks to go before the scheduled meeting, The VOGG calls on the Governor to inform the People of Gibraltar what agenda, if any, will HMG place on the table, or more precisely, how many of Moratinos' expectations it is prepared to meet.

If 'His Excellency' still has any 'bridges to build', let him lay solid foundations and not the 'mirages' to-date. Unless, of course, he has completed the only one ever envisaged, across which, the UK and Spanish governments will meet on 4th. October. 'History has many cunning passages, contrived corridors', (TS Eliot).

The VOGG will, as usual, hold a vigil at The Convent, on that day as from 10 a.m. Should any agreement be concluded without the Gibraltarians' consent, The Group will return the next day with whatever action it feels is appropriate, say spokesmen Paul Tunbridge and Julio Pons.

Charity Row

At 8 am last Monday , a crew of five police officers embarked upon a charity row across the Straits of Gibraltar in an endeavour to raise funds for local charities.

James Alcantara, Frank Barton, Cathel Yeats, Jimmy Noguerra and Keith Bautista set off from the port of Ceuta in a wooden ‘Yola’, kindly loaned by the Calpe Rowing Club, and arrived at the Calpe Rowing Club at 11.40 after having rowed across the Straits of Gibraltar.

Accompanying the officers at sea as support vessel was motor yacht Ocean Odesity owned and crewed by Mr Mark Reed (Hire-U-Shop) and Mr Javier Millan.

The first Yola Straits Crossing took place on 14 August 1973 by a crew from the Calpe Rowing Club comprising Richard Labrador, Ernest Sanguinetti, Abbey Suissa, Charlie Perez and coxes by Francis Cosquieri. They took 3 hours 5 minutes to carry out the crossing, the record remains.

Retired police officers claim £3 million arrears

Police officers are claiming around £3 million in arrears from the Government. The details of the claim and the current situation unfolded at a meeting held last night.

Those complaining say this matter goes back a long time. They speak of numerous letters not answered and that proper opportunities have not been given to discuss matters as they should.

They question a method of implementing agreements which have, in the past, been reached accepting dismal conditions.

There was the resignation of the Police Council , with fears of pertinent issues being affected.

There is talk of the police association being impotent to fulfil what it was established to fulfil. There is a call for improved representation.

Letters have been sent speaking of police officers being aggrieved that settlement of arrears have taken place unilaterally and without prior notification.

The Government has been accused in the past of acting "in an underhand fashion."

The association was informed some time back that any claim not based on parity would not be dealt with retrospectively.

The Government was told: We cannot accept that Government dos not entertain retrospective adjustments.

"The problems which this association keeps encountering with the official side reinforces our view that the parameters in which this association is able to operate in are wholly inadequate to care for its members or to deliver its responsibilities to its members, the public or the Government," it has been claimed.

Against this backcloth, the police retired officers' group met last night so that those attending could hear the details of the claim and where the current situation stands.

Borders agency: Gibraltar excluded from EU territory but not the UK and Spain

Gibraltar’s exclusion from the EU Borders Agency at the Spanish Government’s insistence is serious enough in itself, since the territory of Gibraltar will not form part of EU territory for the purposes of the Agency, whilst those of the United Kingdom and Spain will do so, says the Gibraltar Labour Party.

Protection

The protection the Agency will give EU territories will thus be denied to Gibraltar, in spite of the exposed strategic geographical position Gibraltar occupies.

Our exclusion also has a cumulative significance. It follows our exclusion from Single Sky aviation measures and portends further exclusions in the future in the vitally important area of Gibraltar’s territoriality.

The pattern is clear: EU measures of vital importance to Gibraltar arise – the Spanish Government objects to Gibraltar’s inclusion – the UK Government objects but capitulates – the UK Government blames the European Union.

Bilateralism

"Serious as these exclusions are in themselves, we must once again emphasise that the European Constitution will, if ratified, institutionalise the process of bilateralism, whereby the gradual emasculation of Gibraltar’s position in the EU, just as it will institutionalise the Brussels Process. Both will become irreversible. That, we believe, is the bilateral purpose and intent of the Joint Declaration imposed without consultation on the Gibraltar Government, which will be annexed to the Constitution," they add. The party says: "The Gibraltar Government must take immediate legal and political action. It must challenge our exclusions in the European Court of Justice as was promised by the Chief Minister, and it must campaign vigorously in the United Kingdom during the party conference season to expose the Blair Government and to enlist the support of the other UK political parties."

Gibraltar Liberals in Bournemouth LibDem Conference

Liberal Party delegates Steven Linares and Leslie Bruzon left for Bournemouth yesterday to participate in the annual conference of the British Liberal Democrats. The conference started on Sunday and will continue until Friday of this week. It will include a keynote speech by Party Leader Charles Kennedy.

Mr Linares and Mr Bruzon will take the opportunity to raise the latestpolitical developments affecting Gibraltar, including the exclusion of Gibraltar from the External Frontiers Agency which was confirmed last week. A series of one to one meetings have been planned with Members of Parliament and Members of the European Parliament, and in addition to this the Gibraltar Liberal delegates will also attend a meeting of the South West region, and the reception for international guests and diplomats. During this conference in Bournemouth friend of Gibraltar Simon Hughes MP will officially take up his new post as President of the Liberal Democrats.

Howe NOT coming to Gibraltar

Former foreign secretary Sir Geoffrey Howe, now Lord Howe,will NOT be coming to Gibraltar to deliver a speech at the annual dinner of the GFSB. It was he who signed the Brussels Agreement with Spain, which has given Gibraltar so many headaches.

When the GFSB announced that he had been invited to their dinner, and that he has "graciously" agreed to come, many eyebrows were raised. The GFSB said yesterday: "Unfortunately, due to ill health Lord Howe is unable to speak at our Gala Dinner on October 5th hence the event is being postponed."

The GFSB say they are presently planning an alternative event "being a more relaxed, fun, fund raiser for late October early November details of which will be forwarded shortly."

Off to London meeting

The Chief Minister Peter Caruana left for London yesterday to take part in this year’s Overseas Territories Consultative Council meeting. This is an annual meeting of all Overseas Territory Chief Ministers, with HMG.

The Chief Minister is accompanied by Chief Secretary Ernest Montado and returns on Wednesday.

Foreign Office playing with words, say Rock supporters

The Blair Government has 'appreciated' the role the Rock played in the Second World War. And 'respects' the people of Gibraltar says the British Foreign Office today in a letter to South West campaigners fighting for the Rock to receive the George Cross.

But, British campaigners for the George Cross for Gibraltar say: It is time the rock Is appreciated collectively by the British Nation

Supporters believe empty words are no longer enough, and a major act of symbolism and good faith by the British nation is now required. Campaigners are demanding Gibraltar receive the George Cross for bravery from the Queen.

A collective award to the whole people of Gibraltar for its gallantry and loyalty to the crown over the last 300 years - is long over due say Commonwealth campaigners.

A motion for the George Cross: At the House of Commons

The Golden Hinde Association will be hoping to meet a cross section of MPs next month in London for consultations on a motion in the House of Commons - calling on the British Government to award the Rock the George Cross.

And then, submit a named application to the Queen and British Government for the Rock to receive a collective award for bravery in the Second World War.

Kevin Kelway Chair of the Golden Hinde Assoc said today: "Words come cheap unless backed up with real substance. It is time the British Government seriously did the decent thing, and award the George Cross collectively to the people of Gibraltar for its bravery and role in the Second World War".

"I will be attending a reception by the Gibraltar Government in London next month. I am hoping to meet a number of MPs to discuss a possible motion being placed in the House of Commons".

Letter from foreign office

Dear Mr Kelway,

Thank you for your letter to the Queen about Gibraltar and the George Cross. I have been asked to reply. I can assure you that the important role played by Gibraltar during World War 11 is indeed much appreciated and respected. This year's Tercentenary Celebrations, in which the Government and Armed Forces are fully involved, are in part recognition of that fact.

As you may be aware, The Royal Gibraltar Regiment and military units from the United Kingdom , including the Royal Marines, Royal Engineers, Royal Airforce, RN ships Royal Fleet Auxiliary are taking part in a total of more than 20 events through out the year.

Gibraltar's gallantry has also be recognised in individual cases, such as Albert Hutchison, a Gibraltarian, in 1917, and George Henderson in 1951. I hope that this and the explanation in my letter of 26 January about the Criteria behind the George Cross award prove helpful.

Yours sincerely
Matt Downing
EU-Internal
British Foreign Office

The Chief Minister, the Governor and the Speaker

Government Press release yesterday said that the Chief Minister did not indicate publicly the name of the person that he intended to recommend to the Governor to be Speaker before discussing it with him.

On 2 September, GBC reported as follows: "GBC can exclusively reveal that the next Speaker of the House of Assembly is to be barrister Haresh Budhrani QC. Although the appointment has yet to be officially made by the Governor, the Chief Minister, Peter Caruana, has confirmed that he is the Government's choice, and that Mr Budhrani has indicated he would be willing to take up the post."

The Government has now issued a Press release where it congratulates Mr Budhrani upon his appointment as Speaker by the Governor, upon the Chief Minister’s recommendation and following consultation with the Leader of the Opposition. The Chief Minister will move a motion in the House of Assembly to confirm the Appointment at its next meeting.

The statement adds that now that the Governor has made the appointment, the Government wishes to correct certain false impressions created in the local press.

It is wholly untrue, it says, that the Chief Minister indicated publicly the name of the person that he intended to recommend to the Governor before discussing it with or informing the Governor of the proposed recommendation. HE the Governor and the Chief Minister discussed the matter fully (including the Chief Minister’s intended recommendation) on several occasions in late July/early August before both men went on their summer holidays. Given the intervention of the holiday season they agreed to delay the formal process of appointment until their return from vacations in early September.

The statement adds: "Nor, as some have said, did the Chief Minister announce on GBC the identity of the next Speaker, thus usurping the Governor’s Power of Appointment. In answer to a question from GBC, the Chief Minister said that he intended to recommend Mr Budhrani and that, if the Governor appointed him the Chief Minister thought he would make a good Speaker.

The Government adds that "Despite attempts by others to suggest the contrary, the process for the appointment of Speaker on this occasion has been the same as in all previous occasions in Gibraltar’s modern history and there has been no departure from the Constitution or long established constitutional practice."

INCIDENT

It further adds that "it is entirely inaccurate to suggest that the need for a new Speaker arose as a result of the incident in the House of Assembly in which the Chief Minister declined to withdraw a statement relating to the extent of the GSLP Governments’ support for fast launch tobacco smuggling. "The need for a new Speaker had by then already arisen. The previous Speaker, Mr Alcantara had several days before that incident already informed the Chief Minister and others that he wished to stand down as soon after the RN Freedom Ceremony as a replacement could be found.

"However, given recent public inaccurate remarks and comments in relation to that incident, the Government will, at an appropriate time and in an appropriate place, make a full statement in relation to that incident and the subsequent statements made in relation to it by others."

Had it been a real emergency, who would have known what to do?

Last Wednesday morning, the unmistakeable sound of a siren coming from the Dockyard area could be heard by members of the public in the South District and surrounding areas. Anyone who had missed the news on television the previous evening or had not yet read the papers that morning would not have known that this was an MOD drill. People must have wondered what on earth was going on, and especially so since the siren sounds of the emergency services vehicles could also be heard and may (or may not) have been part of the drill.

This begs the question, had this been a real emergency, who would have known what to do?

The Gibraltar Women’s Association says it feels it is high time that the issue of emergency procedures are brought to the public’s attention as has been done for every household in the UK. We were told in a GBC Viewpoint programme on this topic almost two years ago, that an information leaflet was in the pipeline. There have been several calls for this from various sectors of the public since then, all of which have so far gone unheeded.

“We have no doubt that everything possible is being done to protect us from unforeseen events but it would go a long way to giving us the public peace of mind if we had a rough idea of what to expect and what to do in the case of a real emergency - be it a terrorist threat or an Act of God. We do not ask for secret or sensitive information to be divulged to us, all we ask is to know what to do if sirens sound without prior warning. Would our children, hospital patients and elderly be evacuated, and if so in what manner? Depending on the threat, do we stay in our homes? Should we ensure that no cars are used in the events of emergencies to avoid gridlocked roads? Will there be emergency radio available to advise the public of what to do next?,” they say.

The UK booklet commences as follows:

“The Emergency Planning Society believes that this booklet provides valuable and common sense advice for the public, that can easily be adapted for use in many domestic situations. The fact that every home will have this advice can only be a good thing. This booklet will tell you how you can help yourself and your family in emergencies. A lot of this information is based on common sense advice and may seem obvious or familiar to you, but it has saved lives in the past. It will also let you know what has been done to prepare and protect our country in recent years.”

They would like to point out to the relevant authorities that what is seen as being a good thing for the UK must surely also be a good thing for us here too and we urge that this is looked into as a matter of urgency. The booklet can be found online at http://www.pfe.gov.uk/booklet/index.htm 

GGR Steps up "age of consent campaign"

Equality Rights group GGR is stepping up its Campaign for age of consent legislation in Gibraltar to be equalised.

Whilst this call is nothing new in itself as we have been asking for the equalisation of this law for several years now, the time has now come for concerted action,” Chairman Felix Alvarez said.

OFFENSIVE

Current law in Gibraltar is unequal in treatment, making criminals of people of alternative sexuality under 18 whilst heterosexual citizens are legal from age 16. "This is offensive to anyone´s sense of citizenship and self-esteem and, for these reasons, the European Convention of Human Rights and its Court have now long required such laws to be equalised," he says.

A statement adds: Whilst this obligatory change is clearly focused on the rights of citizens of diverse sexuality, each advance made in the area of human rights means progress all round for the establishment of a society of respect and equality for all and GGR will continue calling for the rights of all Gibraltarians, whether disabled, elderly, heterosexual common law couples, or other disadvantaged sectors of our community.

IMPORTANT

“A year and a half ago, the Minister for Europe stated in the Commons that Mr Caruana´s Government needed to equalise the age of consent law in order not to breach the European Convention. Government here responded by saying they would be studying the matter. To this date, nothing has changed. GGR is no longer willing to wait patiently without either information, commitment or action on a domestic issue which touches on the human rights of an important sector of our people. In fact, in view of Mr Caruana´s much heralded recent commitment to a “culture of human rights”, it is surprising to say the least to find so much dragging of feet on the matter,” they warn.

Dear Chief Minister,

AGE OF CONSENT EQUALISATION

I have written to you on various occasions regarding the above subject. Indeed, I believe the last time was to inform you of the EctHR´s 9th January 2003 judgement of L and V v Austria on the question. In the Spring of that same year, the Minister for Europe, in response to a question in the Commons stated that you had been advised of the need for Gibraltar age of consent legislation (currently 18 for gays and 16 for heterosexuals) to be equalised in view of its breach of the European Convention of Human Rights and its most recent rulings. The statement added that your Government would be “studying” the issue.

Consequently, GGR considered it just to allow a reasonable period of Government reflection on the matter. However, almost 2 years later, we have not been advised by you in this regard, nor have any public statements been made. We therefore have no way of knowing whether progress is being made or not. I would therefore be grateful to hear from you regarding your projected plans in this respect.

As Chairman, it is always my preference to work in a consensual manner with Government and other social agents on matters affecting my membership, and should you deem fit to enter into discussions on this matter I shall be more than happy to do so. However, I have to say that GGR, under the circumstances, considers it equally reasonable to make plans for the stepping up of our demands in this area of social legislation to whatever level may be necessary for enforcement to occur.

Yours sincerely,

Felix Alvarez
Chairman

Protecting Gibraltar's EU rights

Government and Opposition should resign or stage boycott of the House of Assembly

Members of the public are incensed that Gibraltar should have been excluded from the European frontiers agency which effectively means, for now and for the future, that the borders of the European Union end in La Linea. This raises serious questions about a myriad of situations.

The Government itself has said that it takes "a very serious view of this unacceptable development in an area which relates to the crucially important issue of external frontiers."

It has added that it will not sit idly by and see the history of our exclusion from EU aviation measures repeat itself in the area of external frontiers.

And it has warned that it will mount an immediate legal challenge in the UK courts as it may be advised it can.

Even if a legal challenge is mounted, that in itself is not enough. The public is fed up with seeing our legitimate rights being eroded and our position being weakened, time and again.

The public is fully aware that what the Foreign Office is doing is putting their relations with Spain first. In other words, the UK is doing what suits itself - at the expense of Gibraltar.

In the circumstances many believe that the time has come to take action. And the only way for outsiders to take notice of our plea is to come out with a coordinated and agreed action plan.

PLAN OF ACTION

This plan could include any of the following or a combination thereof:

1) All our elected members to henceforth resign from the House of Assembly as a sign of protest

2) Our elected members to boycott all meetings of the House of Assembly

or

3) Our elected members to stage a boycott in the House of Assembly of all matters European, that is, boycotting all EU legislation, for example.

Such action would stay in force until such time as our European rights are respected. The external frontiers of Europe must end at Gibraltar.

There are many other issues that would flow from such a stand, which would require careful analysis and planning to ensure maximum effect.

The public is crying out for real action. Words alone are no longer enough.

Any such plan, which many people say they would welcome, must count with the support of both sides of the House in the first instance.

EMERGENCY MEETING

There is a need for the Chief Minister Peter Caruana to forthwith hold an emergency meeting with the Leader of the Opposition Joe Bossano to work out the details.

Other representative bodies would no doubt lend their support as required.

Gibraltar cannot be in the EU to have its territorial rights eroded. We are either part of the European Union or we are not, but a small place like Gibraltar cannot be in it mainly for the bad and to see our rights destroyed.

Gibraltar is in the EU as a separate European territory for whose external relations a member state is responsible. This does not give that member state a blank cheque to destroy the people of that European territory.

If we continue to do nothing about anything, those in the Foreign Office who would like to see the end of our Gibraltar will simply carry on with their policies.

The Government and the Opposition would be letting Gibraltar down if they do nothing effective to defend Gibraltar from further attacks, and ensure that any damage already done is reversed. The EU meeting due next month to ratify our exclusion from the frontiers agency must NOT ratify that exclusion.

PUT GIBRALTAR FIRST

The Government and the Opposition have not been elected to do nothing about the rights of the people of Gibraltar, rights which could end being meaningless if the onslaught continues.

Both Mr Caruana and Mr Bossano have often said that this is the land of the Gibraltarians, that this is our homeland and that they will put up a fight in defence of everything we hold dear.

The time to put Gibraltar first is NOW.

Gibraltar again attacked in Spain over money laundering allegations

Gibraltar is once again being attacked in Spain about alleged money laundering and other activities which Spanish commentators see as being wrong and even illicit.

There have recently been reports about the use of properties to launder money. These allegations came from the Spanish Left-wing party Izquierda Unida who wanted the Spanish and British governments to take measures to fight what they described as money laundering which finds its way to the Spanish costa.

Now, more allegations are being made against the Rock.

A report in the 'Sur' paper says Gibraltar is just 6 square kilometres but within it, "thousands of companies hide themselves."

Gibraltar has consolidated itself as one of the principal fiscal paradises in the world. And the inference is that, because of its nearness, Malaga draws much of the bad that emerges from such activities.

UK expats settled in the Costa del Sol visit Gibraltar frequently, Spanish police have noted.

There, says the paper, the organisations camouflage profits, at times obtained from illicit business, though companies and 'holdings'.

The Spanish paper then goes on to speak of the benefits Gibraltar offers - no VAT is paid and non-Gibraltar residents derive special company benefits.

The report even complains that some banks allow for accounts to be in Euros.

The problems arise when the Spanish police go to Gibraltar to find out who are behind certain companies that cover-up what they describe as 'black money'.

A judicial order from Spain is not valid in Gibraltar, said a Spanish expert quoted by the paper. The administrator of certain companies are just covering up the identity of the real owner, it is claimed.

CONFIRMED: Gibraltar excluded from European frontiers control agency

by our Political correspondent

Gibraltar is to be excluded from the new European agency for frontiers control, it was confirmed in Brussels yesterday. This affects land, maritime and air frontiers.

Although a political decision was taken on 30 March to get the agency going, a problem arose as Spain was insisting that Gibraltar should be excluded from it even though it is part of the European union.

The relevant EU authorities called on Britain and Spain to resolve the issue bilaterally - and once again the easy way out has been taken, by simply removing Gibraltar from this significantly important European accord.

In Brussels yesterday, EU ambassadors were informed of the Anglo-Spanish decision which will unblock the difficulties that had arisen and will now allow for the Agency to come into force on 1 January next year.

The decision will now be ratified in the next meeting of Interior and Justice ministers which takes place on 25 October.

World media have been giving the news. CNN said that this new agency will assist in the application of Community legislation and areas of control and vigilance in the EU's external borders.

Control centres will be opened in each country.

It is obvious that Britain always buckles to Spanish pressure, not only in this new development but also in other European matters that should apply in Gibraltar as of right and from which the Rock gets excluded with impunity.

Thus, the work of the new frontiers agency will not apply to Gibraltar as if the Rock was not part of the EU external frontiers.

Britain rides rough shod over Gibraltar's external frontiers

In the wake of its exclusion from the new European frontiers agency, Gibraltar is concerned that its EU rights continue to be eroded - with Britain succumbing to Spanish pressure. And the whole issue of possible cooperation from Spain now being seen for what it is.

"The British Government has ridden rough shod over all our arguments and pleas not to participate without us," said chief minister Peter Caruana.

The Gibraltar Government was informed by the British Foreign Office last July that the UK had agreed to a limited participation in the European frontiers agency, but without Gibraltar whose exclusion from the agency had been demanded by Spain.

This marked "a complete departure from the position firmly adopted by successive UK governments, including the current UK Government, that as a matter of fundamental principle, the UK would not accept any suspension or exclusion of Gibraltar from EU external border measures, including this one," the Gibraltar Government notes.

Disgust

The government feels "disgusted" like everyone else at the UK decision to participate in the agency, but leaving Gibraltar out.

The Government has been taking "a very serious view of this unacceptable development" in an area which relates to "the crucially important issue of external frontiers." But the Foreign Office has clearly been taking no note, as it has totally ignored the pleas from Mr Caruana.

He said: "The external borders regime will ultimately express the physical, geographical definition of the EU."

So where does that leave Gibraltar?

It leaves Gibraltar in a similar situation to that which has been developing in the air transport issue, with Gibraltar being systematically excluded from aviation measures.

Last July the Government warned that it was not willing to sit idly by and see the history of our exclusion from EU aviation measures repeat itself in the area of external frontiers.

At the time it said that, if the exclusion materialised, the Government "will mount such immediate legal challenge in the UK courts as it may be advised it can."

Since this was seen coming, the Government has had enough time to draw up plans of action. The public expects such plans to begin to unfold.

These are matters of fundamental principle and importance for the future of Gibraltar.

Airport

It also raises questions about any Government plans about the airport and aviation matters, as Gibraltar's position was weakened by the airport deal of 1987 and is now placed in a more difficult situation, as the airport would be outside the frontiers of Europe - and people flying to Gibraltar, in a new airport arrangement, would enter Europe via La Linea!

All political parties in Gibraltar feel that Gibraltar is, and must be, part of the external frontiers of the EU, but realise that this position is being eroded in the same way that, years ago, there was a process of erosion of Gibraltar's aviation rights within the EU.

Opposition parties are expressing anger and dismay.

MYSTERY OF NUCLEAR LEAFLET

The ESG says it laments the absence of information for the public which prevails through the current and all other nuclear safety exercises undertaken by the MoD or those by the civilian authorities.

On its visit aboard a nuclear submarine earlier this year, the ESG discussed this matter at length with the MoD officials and this was since taken up by the Commander of the Base who informed the ESG, in writing, that a nuclear information leaflet had been designed and agreed upon by civil and British Forces authorities. This leaflet, the group was told, is now with our Govt. who is responsible for its circulation among the civilian community.

No reply

The group wrote to the Assistant Chief Secretary Mr D. Armstrong in early August requesting information as to when the leaflet was due to be issued. "No acknowledgement of our letter has been received and more importantly, no evidence of any leaflet has, as yet, hit the streets of Gibraltar," they add.

The ESG say: It is therefore appalling for the MoD to suggest that by carrying out its routine nuclear exercise it is following "best practices" when the civilian population remains in the dark as it has been for the past few decades. We know that best practices means adopting the most up to date safety procedures, which in this case, includes an informed and co-operative community.

Protection

The MoD and our own Govt must ensure that the standards adopted in the UK for protection of the population are applied as rigorously in Gibraltar as they are in the UK, says the group.

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