Plan for Gib protest at Faro tripartite talks next week

by our Political correspondent

A plan is afoot to send a coach-load of Gibraltar residents to Faro next week to stage a demonstration at the tripartite talks by way of making Gibraltar's presence felt.

The talks are being held on Friday and Saturday of next week, and will have Peter Caruana as head of the Gibraltar delegation, Dominick Chilcott as head of the UK delegation, and Jose Pons as head of the Spanish delegation.

The tripartite forum has important issues on its agenda such as the airport, the Spanish pensions, telephones, frontier and ferry.

As the Faro meeting draws closer, there are conflicting messages being sent out - all the more important to have a visible presence to ensure that there is no attempt to take Gibraltar for a ride.

The demonstration is being organised by the Voice of Gibraltar group. The size of the coach will depend on the number of people who decide to go.

Since the talks start on the Friday, some people might wish to make it a long weekend out in the Algarve!

'SECRET EMISSARY'

The meeting is being organised by the Gibraltar Government. Sources indicate that the government may have already sent a 'secret emissary' to the so-called 'neutral' ground to get things moving.

There has so far not been any official information about the location of the talks within Faro.

This would not be the first time that people from Gibraltar make their presence felt in this spontaneous manner where talks about its future are being held.

There are, indeed, many people who take exception that Gibraltar should have to go to Portugal to hold talks because the Spanish government refuses to come to Gibraltar. There are those who think that if tripartite talks mean anything, they mean equality between the three sides - and that no one should be more equal than the others for any reason. Otherwise, the talks should be held on 'neutral' ground always!

SPANISH AIMS

Voice of Gibraltar Group spokesman Paul Tunbridge says in a PANORAMA interview today that 'most of Gibraltar would welcome a reduction in tension and an increase in cooperation, but Spain's aims remain the same."

He adds: I think the government likes having us in the background - they can say to Spain something like 'we agree with you but there are people at home who will kick up a stink'. It's not a matter of not having confidence in the government, but we still have to put up with Spanish aims.

As a former banker he says he has been to Geneva and Basle a lot. Perhaps it's a solution but, then, no-one is claiming the land the airport is built on there.

He goes on to draw a distinction between 'joint use' and 'joint control'.

MOD reluctant to give written guarantee to Spain about submarines

The MOD has not yet decided to agree to the Spanish request for a written guarantee about nuclear submarines in Gibraltar.

Ever since Tireless, Britain has made it known publicly that its policy is not to repair nuclear submarines in Gibraltar, but circumstances might make this inevitable.

At the Malaga talks in February, the Spanish representative formally asked that a written statement be forthcoming from the UK side, but the MOD remains undecided whether to issue such a written guarantee which is not the normal practice.

Gibraltar is a British sovereign base and the MOD is entitled to use it without any hindrance from a foreign power.

It will be recalled that Britain would not accept any Spanish interference in the base at the time of the attempt at sharing sovereignty three years ago.

Likewise, there is also a military dimension to the question of the airport. Anything that might interfere with sovereign use and control is certain to be frowned upon by UK military leaders.

Failure to award costs in criminal cases is not unconstitutional – says Privy Council

What, in essence, was the ruling of the Privy Council on Tuesday following a 2-day appeal brought by the Attorney General back in May.

A Gibraltar government statement recalls that the respondent in the appeal, Takahashi Shimidzu had been acquitted by a jury following a 3-day trial in April 2003. Shimidzu’s Defence Counsel had applied for costs incurred in defending the case but the Chief Justice held that there was no power to award costs on an acquittal. Mr Shimidzu appealed to the Court of Appeal on the basis that the lack of a power to award costs contravened the provisions of the Gibraltar Constitution Order.

Before the Court of Appeal, in which Brian Berllaque intervened since following his acquittal by a jury in October 2003 he had also been denied his costs, it was held that Section 232 of the Criminal Procedure Ordinance was unconstitutional. The Court of Appeal found that a failure to award costs on an acquittal infringed the right to a fair trial (Section 8(1) of the Gibraltar Constitution Order).

The Attorney General appealed to the Privy Council and the Court of Appeal judgment has now been overturned. The Judicial Committee of the Privy Council, consisting of Lord Bingham of Cornhill, Lord Steyn, Lord Scott of Foscote, Lord Rodger of Earlsferry and Lord Carswell unanimously held that Section 8 of the Gibraltar Constitution Order, which is drafted in similar terms to Article 6 of the European Convention on Human Rights, had not been infringed by the failure of a statutory power to award costs.

The Attorney General, Ricky Rhoda QC appeared in person before the Privy Council, together with Mrs Sharon Peralta, Crown Counsel. John Leighton Williams QC together with David Hughes appeared for the Respondent, Takahashi Shimidzu.

Governor goes 'native' as unions do battle with MOD

The buzz word in union circles yesterday was that the Governor and Commander-in-Chief Sir Francis Richards had gone 'native' as the unions went into battle with the MOD. Nothing could be more complimentary to a Governor from a Gibraltarian point of view.

The Governor was to receive a delegation after the demonstration reached the Convent. He was handed a petition. The Convent issued the following statement: "His Excellency the Governor today received a Union delegation, led by Luis Montiel TGWU district officer.

"Mr Montiel explained the unions concerns and handed over a petition expressing opposition to the MOD proposals to enter negotiations to introduce an Integrated Service Provider.

"The Governor said he was aware of the unions views and the strength of feeling expressed in the petition and undertook to convey these to the Ministry of Defence in London."

Earlier, union leader Luis Montiel had said that the Governor was "sympathetic to Gibraltar's case."

There was a feeling as the meeting in The Convent took place that the union leaders were speaking to someone who fully understood the concerns of Gibraltar.

Sir Francis is, of course, in a difficult situation, wearing the hats he does wear. There will be those in Whitehall who will begin to question which side of the fence he is defending, but the Governor will no doubt carry out his duties with the required balance and perception.

It is not surprising that on different issues successive governors in the recent past are said to have sided with the people of Gibraltar, for reasons we will not go into at this particular juncture.

The people of Gibraltar do not see the MOD as their enemy, in fact there has always been great affinity with British causes, as the people of Gibraltar place themselves within the British umbrella. But what Gibraltar wants is for the MOD not to behave as if Gibraltar was its enemy!

Contractorisation gets big 'NO'

by CHLOE ANNE LODDO

Many Gibraltarians gathered in Casemates Square yesterday morning to support the TGWU and Prospect unions against contractorisation at the naval base.

Spirits were high as Casemates rang with the theme of the immensely popular Crazy Frog ring tone. Michael Tampin, Prospect/GGCA secretary began the proceedings by expressing his gratitude towards all those who had made the effort to appear at the demonstration and to all those organisations and political parties supporting the trade unions against ‘MOD plans of cheap labour and worsening conditions of employment.'

He then went on to say that ‘The MOD workers must see or feel that they are not alone in this fight, that they have the support not only of their fellow workers but of all political, economical and social organisations’. His speech came to a conclusion by declaring that ‘the message to the British government should be loud and clear, no contractorisation!’ which was followed by rapturous applause.

Luis Montiel, TGWU district officer, who has just undergone surgery, came forward to give a passionate speech, which heightened the spirits of the crowd present even further. He began by saying ‘Workers, people of Gibraltar, time and time again, British ministers take decisions from afar and generally go against the interest of Gibraltar and its people’. He then went on to say how ‘we will not sit back and allow the MOD to undermine the living standards we have worked so hard to achieve’. Montiel then proudly spoke of the unions having won rights, the right to prosecute the secretary of the state of defence in the Gibraltar Supreme Court. The unions were also awarded costs.

With unwavering passion and conviction in his beliefs Montiel called for the ‘Gibraltar government to immediately replace all colonial laws’, which was preceded by deafening applause and shouts of approval and agreement. Promising to fight all the way should their appeals be ignored, Montiel wished to thank the Chief Minister and the Leader of the Opposition for their unequivocal support and encouragement.

Banners flaring in the light breeze bearing messages such as ‘Fascist MOD’, ‘MOD, stop all your hidden agendas against Gibraltar’ and ‘Please give equal rights to my mum and dad and stop privatisation’, the mass of people, young and old, marched towards the Convent to present the Governor with a petition containing over 10, 000 signatures. Chants and the tune of the Crazy Frog filled the air as the demonstration finally arrived there, where they were greeted by Joe Bossano and Peter Caruana..

Before the petition was taken inside the Convent to be handed to the Governor, the Chief Minister, who received thunderous applause, spoke of how ‘The Ministry of Defence is faced with a responsible trade union movement in Gibraltar and it will make a grave, grave mistake if it doesn’t accept the demands of the unions for reasonable, civilised discussions and negotiations.’ He then went on to say that ‘The Ministry of Defence is a hugely welcomed part of our community but they’ve got to behave in the same reciprocal manner to us as we do to them’. His final words to the crowd were ‘Let us show the Trade Union that they have the support of all of Gibraltar’.

Opposition leader Joe Bossano also supported the demonstration and spoke in what was a day of political unity.

Off-Gib treasure leads to talks with Junta

FLORIDA: The discussions between Odyssey Marine Exploration, the Kingdom of Spain, the United Kingdom, the United States, and the regional government of Andalucia, regarding the British warship HMS Sussex, as well as cultural interests and underwater archaeology in the region, are ongoing. Greg Stemm, co-founder of Odyssey Marine Exploration, has returned from talks with representatives of the Junta de Andalucia, where he was accompanied by representatives of both the U.S. and UK governments.

"The discussions with the Spanish authorities have been very cordial and helpful in settling some issues that had resulted from erroneous media reports. After the talks, I'm confident that all issues relating to our upcoming work in the Western Mediterranean will be dealt with in a timely fashion," commented Stemm upon his return from the talks in Spain.

The Odyssey Explorer has joined the Company's chartered side-scan survey vessel to work in the 2005 "Atlas" search area. (For operational and security reasons, Odyssey Marine does not disclose the geographical location of its targeted search area). Since announcing the start of the "Atlas" search project on May 4, 2005, Odyssey has identified approximately 275 targets and inspected 127 targets with ZEUS, one of the Company's Remotely Operated Vehicles (ROV).

Because Odyssey's new, cutting-edge side-scan sonar system allows crews to map the seafloor twice as fast as previous searches, having a deep-water ROV on a second ship to visually inspect targets will result in a more efficient and productive search process. In addition, the weather window for the "Atlas" project typically ends in the fall while work can continue on the Sussex project year-round. The RV Odyssey remains in the western Mediterranean available to do preliminary work on the Sussex site until the Odyssey Explorer returns.

While performing search, survey and archaeological work in the western Mediterranean, the Company located 23 shipwreck sites, produced 14 pre-disturbance photomosaics, and completed preliminary excavations on 7 sites. The archaeological work, accomplished under the direction of Odyssey archaeologists Dr. Hawk Tolson and Neil Cunningham Dobson, resulted in the recovery of a substantial number of artifacts which are undergoing conservation and study by Odyssey's research department to aid in identification of the sites.

Perjury! Lies! Con!
House of Horror stories as Budget debates end

Tempers in the House of Assembly yesterday were in keeping with the hot weather outside, as the Budget debates came to a close and the House started to consider the Estimates, head by head. Earlier, it seemed that some heads might roll!

Members from both sides of the House had concluded their speeches, and it was now the turn of the chief minister Peter Caruana to have his say. This was a non-stop marathon session, from the morning, through the lunch break and ending as the clock inched to 3pm. And the members were back at 4pm.

There was a series of attacks and counter-attacks from Mr Caruana, but what incensed him most were allegations made by Opposition member Fabian Picardo. What makes him think I am unreliable, let alone untrustworthy and a perjurer? cried Mr Caruana.

What made Mr Caruana so upset is published in the next page.

Mr Caruana thought that had Mr Picardo said that political commitments had not been honoured that would have been all right.

"But, No! No!," cried Mr Caruana. That is not what he was doing when he gave his speech, describing Mr Caruana as unreliable, untrustworthy etc.

It looked like a House of Horror stories - Perjury! Lies! Con!

On the Theatre Royal, the Government has decided to 'pause' in response to criticism that they had got their priorities wrong in proceeding with the theatre before the housing and leisure centre.

He told Mr Picardo he must have known that the government had so decided. It was not a question of unreliability. The hospital? Well, the hospital was scheduled at that time to be ready in late 2003.

The lie would have been if it had not been scheduled.

Rescheduling did not make the original scheduling a lie. Delays to public projects are normal.

WHY?

And so went the arguments.

Why does that make me unreliable, let alone untrustworthy or a perjurer? asked a clearly incensed chief minister.

As regards the North Mole affordable housing project, this had been delayed for a variety of reasons. But would Mr Picardo be persuaded that "I am not a liar?" said Mr Caruana.

When he makes me a perjurer, every politician who does not deliver on any commitment would be a perjurer!

Mr Picardo had said that nothing had happened as regards the North Mole project.

It is true, said Mr Caruana, that the building has not started but it is not true to say that nothing has happened since February.

Preliminary work had been taking place, the site was taken on, it was being cleared etc.

If Mr Picardo had said that progress on the construction was not as quick as envisaged, that might be true, but not that nothing had happened,

insisted Mr Caruana.

REJECTED

He then rejected accusations of his not being an interlocutor of truth on any matter. It is simply not true, he added. When there was laughter in the Opposition benches, Mr Caruana said: I don't think the people of Gibraltar think it is funny.

And he told the Opposition that they think it funny because they are "irresponsible, they do not care about the truth."

The question of lying or not lying was a recurring issue.

It he wants more I can give him more, said Mr Caruana at one point, before moving on to other issues.

Caruana 'unbelievable'

It was what Fabian Picardo had said earlier in the proceedings that really got Mr Caruana going in the House yesterday. What was it that Mr Picardo said? This is it:

After saying it was little comfort to hear the Chief Minister make statements of the marvellous economy over which he presides given what little credibility must unfortunately attach to any of the statements which he makes, and making references to the lack of credibility of the Chief Minister’s own statements, Mr Picardo recalled that Mr Caruana had accused him of having told this House “lie upon lie”.

Mr Picardo went on: This year I will show this House by reference to documents and the Chief Minister’s own words that it is actually his credibility that is suspect. And in replying to this detailed breakdown of the times when he has either misled our people or not been able to comply with his political commitments, perhaps the Chief Minister could this year avoid throwing all the toys out of his pram and deal with the substance of the critique we make of his economics and of his credibility.

(i) Harbour Views – Developer Claim

He told us yesterday that the £3 million cost of the Theatre Royal project was 1/8th the cost of fixing the problems at Harbour Views. He then referred to having to make bonfires of taxpayers’ money to match that loss as if taxpayers had paid it. BUT In his New Year’s message of 2001 he said: “During 2000 Government was able to finally extract a huge settlement of £24.5 million from the Spanish builders of Harbour Views.” Of course, it is only true to say that the Spanish developers paid that money – not the Government so his statement is not credible.

On Viewpoint Mr Caruana added: “We are still paying out taxpayers’ money for rushed jobs done in the past – one example is Harbour Views” – Well that is not true – as he said himself in his New Year’s message of 2001 – the remedial works at Harbour Views were paid for by the Spanish developer NOT THE TAXPAYER. Let’s look at more statements from the Chief Minister which show he is not credible.

(ii) Housing - 2001

In the same New Year’s message: the remarks he made about housing. In the last sentence of that paragraph he said that one of the “ambitious projects” he was launching that year, 2001, was the “launch of various new housing schemes by Government to ensure the availability of low cost, reliable quality housing at affordable prices.”

Of course, as we all know – it did not happen. If the honourable member were a witness of fact on legal proceedings he would already – based on these two examples above – be sceptically regarded by the jury.

(iii) Leisure Centre – 2002

Let us look at the member’s New Year’s message for 2002. One year later. That year his message was dominated by foreign affairs. But he also said two things worthy of note: At paragraph 10: This year [2002] we will also be making a start on the Youth Leisure Centre at King’s Bastion. Nothing happened that year, the year after, the year after that or to date.

THEATRE ROYAL

Another statement from the lips of the Chief Minister which has turned out to be unreliable.

(iv) Theatre Royal - 2002

He referred to the Theatre Royal, which he described as the GSD’s “major cultural project – a beautiful theatre at the Theatre Royal.” He said of that and the conversion of Europort into a hospital that: “Both these major facilities are scheduled to be ready in late 2003”.

Well – neither were ready by late 2003. The Theatre Royal is now frozen in splendid Baghdad crater style. Again in his speech of new year 2002, another unreliable statement.

(v) Housing - 2003

The following year, in his New Year’s message of 2003, look at what the Chief Minister said about housing. “The tendering procedure for the construction of new rental, home ownership and senior citizens’ housing is well under way and construction will start in the Spring. Houses will be ready for occupation in two years.

Well, you guessed it – there was no tendering procedure commenced; construction did not start in Spring 2005 – there are no houses built. Again an entirely unreliable statement on an issue as important as housing. Let us see how the issue developed and the statements of this very unreliable interlocutor.

(vi) Housing - 2004

New Year’s message of January 2004 the Chief Minister said:

“We will press the accelerator on those aspects where, although much preparatory work has already been done, the fruits have not yet been delivers”, one of those was … “building new affordable homes”.

Well, no new affordable homes were built in 2004. The credibility of the honourable gentleman can really now been seen for what it is – absolutely zero. But let us give him one more chance and let us update ourselves on the Chief Minister’s attitude to the truth in 2005.

(vii) Housing - 2005

In his New Year’s message of this year, in January 2005, the Chief Minister said this: “Later this month the Government receives the construction tender bids for our housing scheme at North Mole on which construction will therefore start in February”. Well, February came and went. As has March, April, May and now June. Again, nothing has happened. The Chief Minister’s statements can be seen to be entirely unreliable. If he is unreliable on all of the issues that we have faced in the part 5 years, when is it that we can rely on what he says?

Put everything Mr Caruana says in that context and see why it is not prudent to regard him as an interlocutor of truth in any matter on which he addresses. Mr Speaker it the honourable gentleman tells us it is 1 o’clock – check your watch.

Mr Picardo added that "the statements that come from Mr Caruana’s mouth are unbelievable. If he were a witness of fact in court proceedings he would be facing prosecution for perjury! In his reply to me last year Mr Caruana called me a liar. I will be more temperate and parliamentary than him today. I will simply say that he is without credibility. He says things he does not do. He says he has done things he has not done.

He is therefore not a politician we as a community can rely on. "That will be his enduring political legacy. He promised much. He did little. His speeches point to a picture of economic and physical development of our country – beyond compare. Yet his government’s actions have left our economy bereft of real progress, our people without affordable homes, our society vulnerable to osmosis."

Government 'rejects' teachers union statement

The Government says it "deeply regrets and rejects" the statement by the Teachers’ Union that teachers are dismayed at not being given the same opportunity as other Civil Servants to attend the Mass Demonstration on Wednesday 29 June 2005 and that this undermines the professionalism of teachers.

Government’s advice to teachers’ leaders has been that it would be prudent to refrain from sending all teachers to the demonstration given that this would necessarily require the schools to be closed down. Similar advice had been offered by the Gibraltar Trades Council, TGWU and Prospect, as the Trade Unions organising the demonstration believe the closure of schools would force many parents to stay away from the demonstration or having to make alternative arrangements at very short notice.

Headteachers of Government Schools expressed concern that closure of schools on Wednesday would disrupt important end of term functions which cannot be rescheduled given the proximity of the end of the academic year.

A Press release adds: The Government is rather surprised and disappointed at the tone of NASUWT’s statement given the rational and amicable discussion which had previously taken place. The exchange of views culminated with NASUWT agreeing with Government’s recommendation that it would be more beneficial to keep schools open. What is more, there are many other public servants such as police officers, firemen, medical and nursing staff, utilities workers and many others who also forego their right to participate in order to keep important collective public services operational.

Britain and Spain in court over Gibraltar

Spain is taking Britain to the European Court of Justice next week in a new spat over Gibraltar that could leave a million Commonwealth citizens in Britain without the right to vote. Lord Goldsmith, QC, the Attorney General, will be defending the Government's position at the hearing in Luxembourg, to be held just five days after Britain takes over the EU presidency, reports the Daily Telegraph.

The paper adds that the row began in 1999 when Denise Matthews, then 24 and living in Gibraltar, persuaded the European Court of Human Rights that she had the right to vote in elections to the European Parliament because it had a say in EU laws that applied on the Rock, an independent territory of Britain.

Spain objected to giving Gibraltar its own MEP, and Britain announced that the electorate could vote as part of a UK constituency, and would include "qualifying Commonwealth citizens" - those who do not need a permit to live in the country.

At the hearing, "Spain will argue that the Gibraltar electorate should have been restricted to EU citizens. That might affect 100 people in Gibraltar, but about one million people in Britain, mainly of Indian or Pakistani origin," the report says.

The UK Government says it is entitled under EU rules to hold elections in accordance with its own traditions.

Spain complains that this is also contrary to EU law, arguing that the Gibraltar electorate could have been given a vote without incorporating its territory into a region. But Britain says that is impossible in a constituency system where electors can vote only for candidates in the area where they live. A ruling is expected by next year, says the Telegraph.

Opposition condemn Spanish action

The Opposition condemns Spain's anti-European and undemocratic action, said Trade and Industry spokesman Dr Joseph Garcia in the House of Assembly yesterday.

The European Courts will soon hear the argument of the Spanish Government as to why they consider that the manner in which Gibraltar was enfranchised for European elections was illegal. For some time it was not clear to us whether Madrid would go ahead with this challenge or not.

As the House knows, he added, the European franchise was extended to Gibraltar by the European Parliament (Representation) Act 2003. Spain raised objections with the European Commission at the time, which included the question of Commonwealth Citizens, who are not EU nationals, voting in these elections in Gibraltar. Madrid also objected to the manner of the enfranchisement which was carried out by amending British law alone, and leaving the 1976 EC Act on Direct Elections unchanged. Annex II of this Act says that it applies only in respect of the United Kingdom.

The Opposition consider that the Spanish action is totally unacceptable.

"We know that Commonwealth Citizens have been able to vote in European Parliamentary elections in the United Kingdom from the time that the first such elections took place in 1979. Indeed, they voted in 1989, 1994 and 1999. Before that Spain had joined Europe in 1986 and they raised no objection to the participation of Commonwealth Citizens in the three elections that took place immediately after they joined. It was only after the same United Kingdom franchise was extended to Gibraltar that Madrid became concerned," Dr Garcia said.

It is clear that this action, even though it may have repercussions in the United Kingdom itself, is an action which is aimed at Gibraltar and which has come about as a result of the extension of the euro-franchise to Gibraltar.

The Opposition condemns the present Spanish Government for continuing with an action that had been commenced by their predecessors, he added. It runs against the spirit of the European Union and the very basis of democracy itself. We trust that the whole House will share this sentiment and I am sure that we will, to use a well-worn phrase, monitor the situation closely.

DISMAY: All teachers cannot take part in demonstration

The Gibraltar Teachers Association/NASUWT says it is "dismayed" that the government has not allowed the same opportunity for all teachers wishing to take part in the anti-MOD demonstration tomorrow.

While pledging its full support to the TGWU/ACTS and GGCA/Prospect, it says it is dismayed that a full representation cannot be sent in view of the fact that, although government has facilitated the attendance of civil servants in support of MOD workers, "it has not allowed the same opportunity for all teachers, who are also civil servants, wishing to show their solidarity by attending."

They take exception to the fact that the professionalism of teachers is often undermined and reminds the government and public that teachers are educators and not merely child minders.

The NASUWT/GTA says it "feels that in instances of this nature, the same criteria for attendance at demonstrations should be facilitated to our members, as it is with other non-essential services, to enable all to attend."

Teachers are classed as civil servants in Gibraltar.

The Gibraltar Trades Council is calling upon all Trade Union members to support the mass demonstration.

Mr Edwin Reyes, President of the GTC calls upon all Trade Union members from Prospect (GGCA), TGWU/ACTS and NASUWT to rally at Casemates Square on Wednesday at 10am in readiness for the march up Main Street to the Convent for the handing over of a petition to the Governor of Gibraltar in response to the privatisation plans at HM Naval Base announced by Armed Forces Minister, Adam Ingram.

The Government of Gibraltar has publicly expressed its support for the demonstration and encourages all Civil Servants to attend, except those needed for essential services.

"We thank the Gibraltar Teacher’s Association for keeping the schools open with a skeleton staff in order to allow parents the freedom to attend the demonstration," they say.

The Gibraltar Trades Council also looks for support from the private sector in allowing employees to join the demonstration as the loss of MoD jobs will have a wider impact on the economy of Gibraltar in the foreseeable future.

Support has also come from other quarters including the Moroccan workers association who say they are against the contractorisation plan as it will also be affecting its members.

British Forces Gibraltar has issued a memorandum advising all civilian staff that participation in the demonstration is recognised as official industrial action and only those staff who are contributing members of the unions are entitled to take official industrial action and anyone who is not a member will be considered as taking part in an unofficial action, which amounts to breach of contract of employment.

Airport deal in the autumn

by JOE GARCIA

An agreement over Gibraltar's airport is expected in the autumn, it is revealed. By then, outline agreement will have been reached by London, Madrid and Gibraltar.

The airport deal is one of the top topics for the next round of tripartite talks in the Portuguese city of Faro in the Algarve.

They want to review progress so far and to start clothing the skeleton after the summer, in time for foreign secretary Jack Straw and his Spanish counterpart Miguel Angel Moratinos to meet before the year is out to announce the first concrete results of the new talks process.

The three sides have already explored the practical workings of the airport.

It is the political agreement that will signal the go-ahead. Spanish sources close to the talks process take the view that if Spain's sensitivities over the airport area are resolved, other matters - such as practical arrangements - are of less concern to Spain.

The Spanish position was safeguarded in the unacceptable 1987 deal by it being recognised that the deal was "without prejudice to the respective legal positions of Spain and the UK with regard

to the dispute over sovereignty over the territory in which the airport is situated."

The 1987 airport deal was given the go-ahead by the then foreign secretary Sir Geoffrey Howe, the architect of the Brussels Agreement, who told Gibraltar leaders: You do what you like. I am going ahead with it.

This caused confusion among the Gibraltar delegation at the time, who clearly would have preferred that no such deal should have been struck following the massive demonstration in Gibraltar against any such deal.

On this occasion, to soften any blow, the Gibraltar government is insisting that there also be agreement on other issues, such as frontier and telephones, where Gibraltar would like to see the lifting of restrictions that are still in force.

THE RESPECTIVE POSITIONS...

* The respective legal positions over the land on which the airport is built is that Spain officially considers it to be Spanish sovereignty territory as it was not ceded in the 1713 Treaty of Utrecht. The area extends from the frontier fence to Casemates.

The UK view is that there were British-held fortifications in land beyond the foot of the Rock when the Treaty of Utrecht was signed and that a line of sentries, along the demarcation of the present frontier, had long been established, thus the isthmus area has been, and is, under sovereign British control.

Britain has offered to take what is a legal issue to the International Court of Justice but Spain has always declined.

The view of Gibraltar governments has been that Gibraltar begins at the frontier and ends at Europa Point.

Gib-based company in the millions as it floats today

Gib -based company in the millions as it floats today

Gibraltar-based PartyGaming is expected to be valued at £4.7 billion when it floats on the London stock market today;

Institutions are tipped to 'stag' the shares - City jargon for holding equity for no more than two or three days before selling it on, said The Observer yesterday.

The float price is £800 million down on the online poker firm's original target. But it will still mean the four owners of the Gibraltar-based gambling business will share £1 billion between them.

The shares are nearly three times oversubscribed.

The City was initially nervous about online poker because of its legal status in America. One analyst said: 'The doubts still remain. But I think the shares will rocket when they first trade and fall very quickly soon after.

The world's biggest online gambling float will give confidence to PartyGaming's Gibraltar-based rival, 888.com. It is expected to announce soon that it will seek a listing on the London market in a bid to raise £800m.

There is pressure on the US to clarify its position on gambling. America is where PartyGaming gets 85 per cent of its revenue. Should the US relax its stance, it will allow Las Vegas giants, and firms like Ladbrokes, to enter the market, severely affecting PartyGaming's profits, said the report.

Meanwhile, under the heading 'US frets over online gambling', the New York Times has distributed a lengthy report on PartyGaming.

It says: As a rule, companies don't draw attention to business practices that could land their executives in jail. But for PartyGaming, potential illegalities aren't a secret buried in its business plan - they are the centerpiece of it.

LAST WEEK'S STORIES