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Chief minister's ministerial
statement as relations with Britain go downhill
With relations between
Gibraltar and the UK government on a downhill course, the Gibraltar
chief minister Peter Caruana is to make a ministerial statement on
Monday evening. He will be spelling out the course of action his
government intends to take following fears that the UK is about to
sell-out Gibraltar's British sovereignty to Spain, which claims the
Rock.
Mr Caruana's
personal relations with Foreign Office minister Peter Hain, the UK
minister responsible for Gibraltar, appear to have reached a point
of no return.
Mr Hain has been
saying that "all the conditions are in place" to allow Mr
Caruana to attend the Anglo-Spanish talks on 20 November in
Barcelona, but Mr Caruana has retorted that Mr Hain "appears to
ignore and obfuscate" that the Foreign Office has, in fact,
refused to accede to the Gibraltar Government's request for
participation, which is to have a separate voice and veto.
CARUANA IS WRONG, SAYS
PIQUÉ
Meanwhile, the
Spanish foreign minister Josep Piqué told the Spanish press on
Sunday that he regrets the position of the chief minister. "I
think he is wrong and the best way to defend the interests of the
Gibraltarians is to take part in the talks," said Sr Piqué, who
adds that for the first time in history the UK was showing a clear
will to resolve the dispute.
Earlier Sr Piqué said that Britain and Spain "will continue to discuss the
Rock's future with or without the Gibraltarian
authorities."
The Gibraltar
leader of the opposition Joe Bossano says that relations with London
have never been so bad, and that he will stand "shoulder to
shoulder" with Mr Caruana if he intends to stop the sell-out.
Gibraltar takes
comfort in the words of the UK shadow foreign secretary Michael
Ancram who has accused Mr Hain of browbeating Gibraltar. Mr
Hain's pronouncements "do not sound like the comments of a
minister about to enter even-handed discussions."
(11.11.01)
Gibraltar fears sovereignty sell-out, says The
Times
A ROW over the future of Gibraltar erupted yesterday after ministers raised suspicions that the Government is considering allowing sovereignty over it to pass to
Spain, says a report in The Times.
Despite repeated assurances that there would be “no sell-out”, Gibraltarians reacted with concern after Peter Hain, the Europe Minister, said that the colony could not remain “stuck in the past”.
Their fears hardened last night after José María Aznar, the Spanish Prime Minister, appeared to suggest after talks with Tony Blair that sovereignty would be one of the issues under discussion at a meeting in Barcelona on November 20 between British and Spanish ministers. The Gibraltar Government has also been invited but is likely to boycott the talks.
Peter Caruana, the territory’s Chief Minister, attacked as “democratically obscene” the notion that sovereignty could be passed between the countries without fully consulting the people of Gibraltar.
Mr Caruana told BBC Radio 4’s World At One programme: “Mr Hain expects the Gibraltar Government to go along to talks on the basis that we will be consulted, but that he and Spain will be free to agree whatever they choose over our
heads"
Mr Hain said the talks were “an enormous prize and opportunity” that he hoped would lead to the creation of an open border and free trade between Gibraltar and Spain.
The Conservatives accused Mr Hain of browbeating Gibraltar. Michael Ancram, the party’s deputy leader, said: “These do not sound like the comments of a minister about to enter even-handed discussions.
We stand by our commitment to the people of Gibraltar that there can be no change to their status without the consent of a majority of the people of Gibraltar.”
(10.11.01)
Gibraltarians fear 'sell out' to Spain,
says Daily Telegraph
THE 30,000 residents of Gibraltar are intensely suspicious about the talks the British and Spanish Governments will be holding about the colony later this
month, reports the Daily Telegraph.
Tony Blair said yesterday that the Government had not abandoned its commitment to the principle that the sovereignty of Gibraltar would not change without the consent of its people.
But sovereignty would be on the agenda, and Mr Blair said: "What has changed is that there is a process in which these things can be resolved."
The Prime Minister values his relationship with his Spanish counterpart, Jose Maria Aznar, a Right-winger who shares Mr Blair's commitment to economic liberalisation within the European Union.
The signs are that Mr Blair now wants to settle the issue for good, and that the end of next year has been pencilled in as the informal deadline for a deal.
Although London is still explicitly committed to the "no sovereignty change without consent" principle, which was explicitly laid down in 1969, Gibraltarians believe that this constitutional safety net might not be strong enough to protect them from unwelcome change.
They have been particularly alarmed by the stance taken by Peter Hain, the minister for Europe, who debated Gibraltar in the Commons on Wednesday and then returned to the subject on the Today programme yesterday.
Asked if he could reassure the inhabitants of the Rock, who pride themselves on their Britishness, Mr Hain said:
"First of all they will be consulted on their future, and secondly I can give a pledge that we will never ask any Gibraltarian to sacrifice their British citizenship, unless they freely choose to do so."
His words raised immediate fears that the Government might be trying to separate sovereignty and citizenship, and that it might make Gibraltar Spanish on condition that its inhabitants can remain British. Peter Caruana, Gibraltar's chief minister, retaliated within hours in another BBC interview.
"The idea that the sovereignty of Gibraltar can be handed around between the UK and Spain either on a partial or shared basis, regardless of the wishes of the people of Gibraltar, is a democratically obscene
position," he said.
Mr Caruana claimed that the Government's main concern was "buying off the Spanish blackmails and the Spanish vetoes of European business".(10.11.01)
Gibraltar
accuses UK of preparing to sell out to Spain, says The Independent
Britain sparked a furious reaction from the government of Gibraltar yesterday after calling for its people to accept "fresh thinking" during negotiations with Spain over the Rock's
future, says The Independent.
As Tony Blair and his Spanish counterpart, Jose Maria Aznar, discussed ideas to resolve Britain's 300-year dispute with Spain over Gibraltar, the government in the British dependent territory accused London of preparing to "sell out" its people by handing sovereignty to Madrid.
It seized on comments by the Foreign Office minister Peter Hain, who sought to reassure the Rock's people by saying they would have a vote on the colony's future and would not be forced to give up their British citizenship.
The Gibraltar government attacked Mr Hain's comments as "extraordinary", adding: "The issue is not one of loss of citizenship but of sovereignty of the land and political rights of the people, which are indivisible from each other."
Mr Hain called for "fresh thinking" from Gibraltar and said he was "very puzzled" that its government might boycott the talks. He insisted: "There isn't any way that Britain is simply going to hand Gibraltar over to Spain, I give you that categorical assurance now. That is not a serious proposition."
But Peter Caruana, Gibraltar's Chief Minister, said the idea that the sovereignty of Gibraltar could be handed around between Britain and Spain was "democratically obscene".
In a statement, the Gibraltar government said Mr Hain's approach seemed to be "that Gibraltar had better accept a sovereignty deal because the alternative is a pain".(10.11.01)
Gibraltar attacks decision to resume
talks with Spanish PM, says The Scotsman
GIBRALTAR reacted with fury yesterday to the government’s decision to resume talks with Spain over the Rock’s
future, says The Scotsman.
As the Prime Minister, Tony Blair, discussed the issue with his Spanish counterpart, Jose Maria Aznar, at Downing Street, a war of words broke out between Gibraltar’s government and Europe minister Peter
Hain.
The Anglo-Spanish discussions have raised suspicions among Gibraltarians that London is preparing to end a 300-year-old diplomatic wrangle by handing sovereignty over to Madrid.
Mr Caruana said: "We frankly don’t see why we should be expected to give up our British sovereignty to buy off the Spanish blackmails and the Spanish vetoes of European business, which is really what is behind all of this."
Mr Hain , the Foreign Office minister,said the talks were "an enormous prize and opportunity" which he hoped would lead to the creation of an open border and free trade between Gibraltar and Spain.
However, the Conservatives accused Mr Hain of "brow-beating" Gibraltar over the issue.
(10.11.01)
Hain says Gibraltar will get no veto in talks
on future, says The Guardian
Tony
Blair was dragged into a full-scale row yesterday after the foreign
office minister Peter Hain said theGibraltar government would be
consulted on the overseas territory's future, but had no veto on
talks with Spain, reports The Guardian.
Mr
Hain said the people of Gibraltar had to "move on", in an
effort to end the row over the former colony, which was ceded by
Spain in 1713.
The
Foreign Office wants to construct a beneficial deal on future links
between Spain and Gibraltar that could create popular support on the
Rock to join Spain in a referendum. "All I am asking for is a
little bit of fresh thinking. That is not a lot to ask," said
Mr Hain. The Gibraltar government, however, refused to join the
talks, saying it feared Gibraltarians were about to be sold out.
Its chief
minister, Peter Caruana, described as "extraordinary"
claims by Mr Hain that Gibraltarians had everything to gain and
nothing to lose from the discussions. The Gibraltar government said
it would join the talks only if it was given written assurances it
would have a veto on anything decided between the two governments.
Mr
Caruana said the issue was not one of citizenship, but of British
sovereignty: "The British government commitment to the people
of Gibraltar is not to retaining citizenship, but instead the land
of Gibraltar. The sovereignty of the territory will not be bartered
with Spain over the heads of and against the wishes of the
people."(10.11.01)
Gibraltar:
Press in Spain makes it plain
The press in Spain has
made it plain that a new approach has emerged between Britain and
Spain, geared towards finding a solution to the Gibraltar issue.
The fact that the
new approach has the blessing of both prime ministers, Tony Blair
and Jose Maria Aznar, is being seen as offering promise of a
solution.
The media in Spain
gives blanket coverage to yesterday's meeting in Downing Street
between Blair and Aznar.
This will pave the
way to the 20 November meeting in Barcelona between foreign
ministers, under the framework of the Brussels process, which seek
to remove all differences between London and Madrid over Gibraltar.
A leading Barcelona
paper, La Vanguardia, says that both leaders see it possible to
arrive at a solution, with Blair saying that both countries start
off with their differing respective positions. However, he made it
clear that there is now a desire to find solutions. A solution is
possible, but it will not be easy, says the paper.
Other leading
papers and radio and TV stations in Spain have carried the
news.
The Malaga daily 'Sur'
highlights what many others also do, that is that both Blair and
Aznar are decidedly committed to find solutions.
In the Cay islands
the headlines shifted to saying that Britain had assured that the
future of Gibraltar will be decided by its inhabitants.
The Madrid
conservative daily 'ABC' says that countries which are "friends
and allies" will seek a solution. A similar line is taken by
the lading daily 'El Pais'.
The prospect of a
solution being found to the 300-year old Anglo-Spanish dispute over
Gibraltar is news both at a national and regional level.
Gibraltar was ceded
by Britain to Spain under the 1713 treaty of Utrecht "to be
enjoyed for ever", but Madrid wants it back and the
Gibraltarians want to remain British in a British Gibraltar.
(10.11.01)
Both
Blair and Aznar say they want to make 'progress' on Gibraltar
The prime ministers of
Britain and Spain said today that they want to make progress on the
Gibraltar issue, speaking after a meeting at 10 Downing Street.
Both welcomed, and
reiterated, the relaunch of the Brussels process. The relations
between Britain and Spain have changed enormously, said Blair, and
we intend to make progress.
We both stand by
our own positions, he added, saying that they were embarked on a
process in which difficulties should be resolved as among friends
and allies.
Aznar said that
they both endorsed the work being carried out by their foreign
ministers, and encouraged them to go forward, to resolve the
various issues affecting Gibraltar.
While both stood by
their traditional positions, it was "important" that
"we discuss the issues."
Mr Caruana, the
Gibraltar chief minister, was entitled to take part within the UK
delegation.
Aznar confirmed
that both he and Blair had given the impetus to the Brussels
process. It was about cooperation and sovereignty, and they were
prepared to talk about both issues.
We want Mr Caruana
to attend as part of the UK delegation, but we are prepared to go
ahead if he does not attend - that was the message from Aznar. They
were 'decidedly' committed to this issue. (09.11.01)
It
is the UK itself which says that Gibraltar's situation is untenable,
says Spanish minister
Spanish government
spokesman Pio Cabanillas said at a news conference today that it was
the UK itself that made the pronouncement that Gibraltar's current
status is unsustainable. He was answering questions on the resumption
of the Brussels process.
Cabanillas was
disappointed that in Spain itself "we are not attaching proper importance to the fact that the Brussels process on the future of the Rock has been resumed, neither are we attaching the proper importance to the fact that it was the British themselves who said that the situation is
untenable."
He repeated the
well-known Spanish view that Madrid will not yield on the essential
issue of sovereignty, but it is open to discuss any UK proposals on
how to attain a solution, adding that relations with Britain were
better than ever. The Gibraltar situation was anachronistic, he
said. (09.11.01)
Students
support London demo
Gibraltar students in the
UK are to support the pro-Gibraltar demonstration in London on 17
November. It follows statements made by Foreign Office minister
Peter Hain and other events, which many consider to be a watering
down of Britain's commitment to a British Gibraltar.
The Gibraltar
Students Association says it fully supports the demonstration being
organised by the London Gibraltarian society.
"We encourage
all students and Gibraltarians living in the UK to make their way to
London to participate in the demonstration. We feel it is important
for all Gibraltarians to take part and show to the British
Government that it is not ok for the future of Gibraltar to be
decided without the full and equal participation of the people of
Gibraltar," says a statement today.
It adds: In this
time of need it is important to unite and show that we are proud to
be Gibraltarian.
The association
says it is currently in contact with the organisers with a view to
getting as many people as possible to participate. "We
would like to ask families with relatives studying or living in the
UK to pass on details of the demonstration to their
relatives," said Sarah Sheehan. They can be contacted on gsa@gibnynex.gi.
(09.11.01)
Gibraltar
at Blair-Aznar talks this weekend
Prime minister Tony
Blair and his Spanish counterpart Jose Maria Aznar are having talks
in London this weekend, with the Gibraltar question expected to loom
large.
As Sr Aznar flew to
London today, the Spanish foreign minister Josep Piqué confirmed the
ministerial meeting on 20 November between himself and the UK
foreign secretary Jack Straw. "We will be talking about the
future of Gibraltar, " he said.
Sr Piqué thinks
that there is 'political will' in the UK government to bring to an
end this problem that has been a thorn in Anglo-Spanish relations.
He agrees with
Britain that a solution can be found in the timescale that has been
intimated, that is, by the end of next year. He spoke of the talks
going "in the right direction." (09.11.01)
Clouds
gather over Rock, says BBC report
It is not unusual to see a cloud over the Rock of Gibraltar, says a report on the BBC. The warm air blowing across the Mediterranean, surprised by this sudden jagged mountain, tends to rise and deposit a wet mist on its top.
But this winter the clouds are metaphorical as well as literal.
There is a sense of gloom in Gibraltar - gloom caused by the perceived willingness of the British Government to ignore the views of the people who live here and who regard themselves as British to the core.
The talk of betrayal follows the news that Britain and Spain are to talk again about the future status of Gibraltar.
Ever since 1704 when Britain seized the Rock the Spanish have wanted it back.
Until now the British have simply said no.
But Tony Blair - who is known to be close to the Spanish Prime Minister Jose Maria Aznar - seems to want to do a deal with Spain.
Ministers say there is no question of doing anything that risks Gibraltar's status or livelihood, but the locals are deeply suspicious.
The report adds that Wayne and Sandra Warwick are typical
Gibraltarians.
Wayne says British ministers are dealing with Spain for their own convenience to make the EU run more smoothly.
"We are being betrayed," he tells me. "Our views simply aren't being taken into account." Sandra agrees. "If I wanted to live in Spain, I would have gone there," she says. "I've nothing against the Spanish but I want to live under British rule."
It is a view you hear repeated again and again. Usually in the bluntest of terms. Gibraltarians feel, rightly or wrongly, that the latest talks - due to begin later this month - is a cosy affair set up by Madrid and London but intended to exclude the voice of the people who inhabit the rock.
Gibraltar's chief minister Peter Caruana puts it more diplomatically.
"We do not believe Mr Blair would do anything to damage Gibraltar's interests," Mr Caruana tells me." But we are worried that the recent statements from the British side have been misinterpreted in Spain.
"What we don't want is for the Spanish to be disappointed and for there to be a backlash that damages Gibraltar."
So the mood in Gibraltar is sour. There is anger at the continued Spanish claim for the rock, anger at the British Government for entertaining that claim, and fear about what the future might hold.(09.11.01)
Chief
minister on Spanish TV next week
The chief minister Peter
Caruana will appear on Spanish television next week.
On Wednesday he
will be appearing in Telecinco's morning programme 'La Mirada
Critica'.
On his way back to
Gibraltar from Madrid, he will record a guest appearance in Canal
Sur's 'El Vagamundo', which is scheduled to be shown on 19 November.
(09.11.01)
Hain
engages in political ding-dong
Her Majesty's Minister of
State at the Foreign Office, Peter Hain, is engaging in a political
ding-dong with the chief minister of Gibraltar, Peter Caruana.
Mr Hain had his
full say in the House of Commons debate on Wednesday, even refusing
to give way and putting up with some heckling, which elicited
a reply from the Gibraltar government, which is quite normal. But Mr
Hain has now responded to Mr Caruana's response!
Says Mr Hain:
"I am surprised and disappointed that the Chief Minister of
Gibraltar appears to consider that he is unable to attend the next
meeting of the Brussels Process in Barcelona on 20 November.
All of the conditions are in place to allow him to do so with
confidence and dignity: a distinct and separate voice at the talks
within the UK delegation; no predetermined outcome and a cast iron
commitment to respect the terms of the preamble to the 1969
Constitution."
He continues:
"The reason we are determined to see the process through is to
secure a better future for the people of Gibraltar. As I have
made clear many times, both we and the Spanish Government want the
people of Gibraltar to take up their right to a direct voice in the
process - a process from which Gibraltar has everything to
gain. I repeat that the door remains open; and that the Chief
Minister has nothing to fear from attending the 20 November or the
subsequent meetings which are planned in a process which will
continue."
The Gibraltar
government tonight rejected Mr Hain's response to last night's
Gibraltar government response.
"The
inescapable reality and fact, which Mr Hain appears to ignore and
obfuscate, is that the Foreign and Commonwealh Office has refused to
accede to the Gibraltar Government's long standing and well known
requirements for participation in talks, which includes the
assurance that nothing will be agreed above the Gibraltar
Government's head on any issue affecting Gibraltar," said a
statement from the chief minister's office.
It adds that Mr
Hain's statement that all conditions are in place to allow the chief
minister to attend "is therefore completely unsustainable and
inappropriate. Responsibility for the chief minister's absence
from talks therefore rests exclusively with the Foreign and
Commonwealth Office."
Indeed, says the
statement, the language in Mr Hain's response itself demonstrates
that the Foreign and Commonwealth Office has simply failed to
address Gibraltar's position and that it has therefore made no
realistic and credible attempt to procure the Gibraltar Government's
participation by accommodating its long-standing terms, "which
Mr Hain has previously described as reasonable."
The Gibraltar
government statement ends: "It would be better if the Foreign
Office simply said that Gibraltar's terms were unacceptable rather
than try to make people believe that they have been met, when that
is not the case."
Meanwhile,
Gibraltar ministers will meet on Friday for the second time this
week for the purpose of deciding on a course of action following
recent events. A full statement is expected next
week.(08.11.01)
Opposition
holds emergency meeting: Calls for immediate meeting of Constitution
committee
The seven Elected Members
of the Opposition will be meeting this afternoon to finalise the
strategy that they believe Gibraltar has to adopt in order to
counteract the Hain threat. In addition, the Opposition believes
there should be an immediate meeting of the House of Assembly Select
Committee where they will table this
strategy.
Meetings of the
Committee are normally called by the Chief Minister who is the
Chairman. " Given the situation created by the Hain statements
we are asking him to convene a meeting immediately," said an
Opposition statement.
The Opposition totally condemn and wholeheartedly reject the
statement made yesterday by Foreign Office Minister Peter Hain. It
is shameful that the person who is supposed to be looking after
Gibraltar's interests in the British Government should adopt
postures which are anti-Gibraltarian and pro-Spanish. Mr Hain's
assertion that Gibraltarians have nothing to fear from the Brussels process is absurd when in the same breath he says
that our destiny is going to be discussed in that process within the
next twelve months. People remember only too well that every time Gibraltar has
attended talks with Spain under the Brussels agreement it has led to
negative results for Gibraltar. Indeed, at the very first round of
talks in Geneva in 1985, Spanish Foreign Minister Fernando Moran
tabled proposals for joint sovereignty leading to full Spanish
sovereignty. This was soon followed by the liability to pay the
Spanish pensions, which Britain wanted Gibraltar to pay, and the
airport agreement in 1987. The lesson of history is the very
opposite of what Mr Hain has said; that Gibraltar has every reason
to be fearful of the outcome of such talks.
It is an absolute disgrace that Mr Hain should compare
Gibraltarians living on their homeland with British expatriates
retiring to the Costa del Sol. It further shows the level of
ignorance of Mr Hain that he thinks he is going further than the
preamble by giving a pledge that he will not remove our nationality
against our wishes. British citizenship under the British
Nationality Act cannot be removed from anybody other than for
treason against the Crown. Furthermore, his generous offer was made
as long ago as the 1960s by General Franco's Government when the
Castiella proposals made clear that the Gibraltarians could retain
British
citizenship in a Spanish Gibraltar effectively making us like
British expats in Spain. To suggest that a guarantee on being a able
to retain our British citizenship takes us further than the preamble
is to imply that the future of the territory can be divorced from
the citizenship of its people.
The Opposition maintain that the people of Gibraltar and the
territory of Gibraltar are inseparable, and that the key issue is
that the Gibraltarians must be the only ones to decide our own
future and that of our country through the principle of
self-determination.
The Opposition believes that Peter Hain's veiled threat that
Gibraltar will get left behind if we do not go along with existing
plans is deplorable. It is an insult to every Gibraltarian to have a
British
Minister declare that either we bow down and give in to his position
or we will have to suffer the consequences. Mr Hain would do well to
remember
that if there is one thing Gibraltar has learnt from nearly 300
years of British rule it is not to allow ourselves to be bullied and
cajoled in such
a deplorable manner by successive Spanish Governments and we are not
going to tolerate it from the British Government either. We are very
clear on what we want and on what we do not want, we are also very
clear on is good for us and what is not good for us.
The Opposition consider Peter Hain is the weakest and the
most anti-Gibraltarian Minister of State that Gibraltar has ever
known. No British Government has ever told Gibraltar before that the
status quo is unsustainable, and no British Government has ever told
Gibraltar before that within a year they are going to do a
sovereignty deal with Spain. This undermines the spirit of the
preamble to the 1969 Constitution and makes a
mockery of the wishes of the people of Gibraltar who manifestly do
not want to go down the road in a Spanish direction.
A further statement will also be issued in which the
implications of the Hain comments in the context of what the
Brussels Agreement stands for will be analysed, said the Opposition.
(08.11.01)
Questions
about Gibraltar in House of Commons
Written Answers to Questions
Tuesday 6 November 2001
FOREIGN AND COMMONWEALTH AFFAIRS
Gibraltar
Mr. Crausby: To ask the Secretary of State for Foreign and Commonwealth Affairs what arrangements have been put in place for the people of Gibraltar to participate in elections to the European Parliament. [11773]
Peter Hain: We are actively working to ensure Gibraltar's enfranchisement in time for the 2004 elections to the European Parliament. We plan to consult the Government of Gibraltar soon about the precise detail of the necessary arrangements.
Mr. Crausby: To ask the Secretary of State for Foreign and Commonwealth Affairs what response he has made to the motion passed by the Gibraltar House of Assembly requesting Her Majesty's Government to seek a legal opinion from the International Court of Justice on the right of self-determination and the Treaty of Utrecht of 1713; and if he will make a statement. [11774]
Peter Hain: I assume that my hon. Friend is referring to a Gibraltar House of Assembly motion of November 1999. We have not been asked to respond to this motion.
However, HMG's position on this issue has been consistent since the mid-1960s. We believe that Gibraltar's right of self-determination is not constrained by the treaty of Utrecht except in so far as Article X gives Spain the right of refusal, should Britain ever renounce sovereignty. Thus independence would only be an option with Spanish consent.
Mr. Hoyle: To ask the Secretary of State for Foreign and Commonwealth Affairs when further talks will be held with the Spanish Government over the future of Gibraltar. [11813]
Peter Hain: The Foreign Secretary and Spanish Foreign Minister Piqué
met on 26 July to re-launch the Brussels process. A further ministerial meeting will be held in Barcelona on 20 November. Both we and the Spanish Government hope that the Chief Minister of Gibraltar will participate in this meeting. Normal contacts between the UK and Spanish and the UK and Gibraltar Governments in preparation for these talks will continue. The Government stand by their commitments to the people of Gibraltar as set out in the preamble to the Gibraltar constitution.
Mr. Hoyle: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the talks in July under the Brussels process with Spanish officials regarding Gibraltar; what the agenda is for the discussions under the Brussels process; and what guidelines are being issued to officials leading up to the negotiations. [11814]
Peter Hain: I refer my hon. Friend to the answer I gave to the hon. Member for Windsor (Mr. Trend) on 10 July 2001, Official Report, column 473W, regarding the Government's decision to resume talks with Spain under the Brussels process. In accordance with the terms of the Brussels communique issued in November 1984, the talks are aimed at overcoming all the differences between the UK and Spain over Gibraltar and at promoting co-operation on a mutually beneficial basis on economic, cultural, touristic, aviation, military and environmental matters. The communique establishes that issues of sovereignty will be discussed under the Brussels process.
Through these talks we aim to build a better future for Gibraltar. Both we and the Spanish Government intend that Gibraltar should be fully engaged in this process, and hope that the Chief Minister will participate at the next ministerial meeting planned for 20 November in Barcelona. Normal contacts between the UK and Spanish and the UK and Gibraltar Governments in preparation for these talks will continue. The Government will stand by their commitments to the people of Gibraltar as set out in the preamble to the Gibraltar constitution.
Mr. Laxton: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of statements from the Spanish Government relating to responsibility for the payment of increases in pensions to Spaniards who worked in Gibraltar prior to 1969; and if he will make a statement. [11775]
Peter Hain: Spanish nationals who worked in Gibraltar before 1969 and who are now retired and living in Spain, are eligible to receive pension payments from the Gibraltar social insurance fund. Pension payments under the SIF are awarded to all beneficiaries in line with contributions made.
After the decision was taken in 1988 to wind up the SIF, by 31 December 1993, the UK and Gibraltar Governments agreed in 1996 to set up a new 'closed' scheme to provide for on-going pension benefits to all beneficiaries of the old SIF scheme. Payments to all beneficiaries under the 'closed' scheme were fixed at the level payable at 31 December 1993. The Spanish authorities were kept informed of decisions regarding the dissolution of the Gibraltar social insurance fund.
Mr. Laxton: To ask the Secretary of State for Foreign and Commonwealth Affairs if he has asked the European Commission to initiate legal proceedings against the Government of Spain on the grounds of its failure to allow the use of Gibraltar's internationally recognised dialling code by telephone companies in Spain. [11877]
Peter Hain: We are in close contact with the Government of Gibraltar on this matter. We raise the question of Gibraltar's telecommunications situation with the Spanish Government, at both ministerial and official level, at every appropriate opportunity. Most recently, I raised the matter with my Spanish counterpart, Sr de Miguel, on 29 October.
Two private competition complaints have been brought before the Commission by Gibtel and Gibraltar Nynex Communications. We have supported these complaints in our dealings with the Commission and we will continue to ensure that the Commission is fully aware of our concerns.
Mr. Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he is making to the European Commission and other relevant European Union institutions to ensure that citizens of Gibraltar are accorded the right to participate in elections to the European Parliament. [12016]
Peter Hain: We are in close contact with the heads of both the Council and the Commission Legal Services on this issue.
London
demonstration planned
The London Gibraltarian
Society (LGS) will hold a demonstration in London to protest against
the next round of Brussels talks scheduled for Barcelona on
the 20th November. The Society is also planning a Gibraltar Day of
Action to coincide with the talks. The demonstration, and subsequent
day of action, will provide an opportunity for Gibraltarians and Gibraltarian
sympathisers living in the United Kingdom to protest against the
talks. The message of the protest is that it is unacceptable for
aspects of Gibraltar's future to be discussed without the full and
independent Gibraltarian representation.
The LGS urge all who can make the journey to London to do so.
The demonstration will take place on SATURDAY 17th NOVEMBER
outside the Foreign and Commonwealth Office on Whitehall in London.
The protest will begin at 2pm and continue until 5:30pm. A letter of
representation will be handed in.
After the protest demonstrators will be invited to attend a
London Gibraltarian Society social gathering, as from 6.30 pm at a
venue to be announced.
The LGS day of action will take place on Tuesday 20th
November. People are urged on that day to contact by email, letter,
fax or phone any of the
following:
-
Prime Minister Tony Blair
-
Foreign Secretary Jack Straw
-
Minister for Europe Peter Hain
-
Their local MP or their local constituency offices.
Suggested formats for emails/letters will be available from
the LGS website, details of which will be publicised shortly. The
LGS encourage as many people as possible to participate. To ensure that the campaign has
maximum effect the LGS recommend that all correspondence be signed
with a name and address, that persons send no more than one type of
communication to each person/office, and that all communication is concise and
polite.(08.11.01)
ILF
sees parallels with Falklands 1980s
The Independent Liberal
Forum says it has responded strongly to Peter Hain's speech on Gibraltar in Parliament today. Party Leader Lyana Armstrong-Emery
said :" Mr.Hain has tried again (and failed again) to reassure
Gibraltarians that there is no kind of hidden agenda, secret deal or
'sell out'involved in his enthusiasm for this month's Brussels
process talks and our attendance at them.
Our British status, he says, is totally safe and no
Gibraltarian will be forced to give up his or her British status.
Big Deal ! What about our homeland, our actual territory ? Is he
really suggesting that we would be happy to be like the British
Expats in Spain ? And what about this nonsense about Gibraltar
becoming the 'financial hub' for Andalucia?"
The I.L.F. Leader continued by reminding readers that much
will depend on the specifics 'on the table' at this month's Brussels
Talks.
In addition, she reiterated the willingness of her and her
party to help initiate a massive campaign to mobilise support for
Gibraltar among the people and sympathetic politicians in Britain.
"We have many friends there" she concluded.
"The I.L.F. is well prepared to work with others from Gibraltar
in a wholesale campaign to alert the British people to the realities
of our situation. Messrs. Hain and Blair may have no interest in
really supporting Gibraltarians but I know the British people.
She added: After all, I'm half-English myself. They were
prepared to back to the hilt the Falkland Islanders twenty years
ago. There's no armed force associated with our situation, of
course, but there are other clear parallels with the Falklands. The
U.K. people supported the Falklanders then. Surely they will do no
less for us in our situation.
But we must get them moving. The time is NOW.
(08.11.01)
CRISIS:
Political differences between London and Gibraltar widen. NO to
talks.
In a major development on
Wednesday night, the Gibraltar Government made the surprising
statement that a programmed visit by the Director for Europe at the
Foreign Office, John MacGregor, has not materialised.
"The cancellation of the meeting has been unilaterally decided
by Mr Hain, apparently on the basis that the gap between the parties
at this time is too large to bridge in time to enable the Gibraltar
government's participation at talks on the 20th of this month,"
said a statement tonight from the chief minister's office.
Foreign Office
minister Peter Hain last night telephoned Mr Caruana, the chief
minister, apparently to say that the UK would not be meeting Mr
Caruana's terms for participation at talks with Spain.
In such
circumstances, the Gibraltar government says it will not be
attending.
Mr Hain told the
House of Commons today that Britain has "worked hard to enable
the Gibraltar government to join the meetings under the Brussels
process." But the Gibraltar government says that
"this alleged hard work has not been evident to the Gibraltar
government because, in fact, very little effort has been made by Her
Majesty's Government to properly and effectively meet the Government
of Gibraltar's long standing and well known requirements for
participation."
The Government says
that it is "astonished" at Mr Hain's statement that there
is no reason why the Gibraltar government cannot attend. This
ignores everything that the government has said to him, said the
statement. "It would seem to be no less than an attempt to make
the House of Commons believe that the Gibraltar government is being
unreasonable in not attending the talks. The government will take
appropriate steps to ensure that MPs know the true position, said
the government tonight. (07.11.01)
Hain's
statement: Government to take action
The Gibraltar government
has reacted angrily to statements made in the House of Commons today
by Foreign Office minister Peter Hain. In a statement tonight
(Wednesday) it expressed "great concern and
disappointment."
The government here
has also announced that it is to hold a series of meetings to decide
upon an appropriate course of action in the light of Mr Hain's
statement. (Mr Hain's statement is published in full in PANORAMA,
SEE APPROPRIATE STORY HEREUNDER).
Mr Hain appears to
believe that the fact that "we are only 30,000 people and Spain
is now a democracy and a British ally and that the British people
like to holiday or live in Spain, are somehow relevant to our future
status and rights as a people. The government rejects this
view."
Mr Hain claims that
he detects a genuine change in approach to Gibraltar by
Madrid. "The only change in approach to Gibraltar by
Madrid that would enable the problem to be resolved is Spain's
acceptance of our right to decide our own future and that she cannot
have any share of the sovereignty of any part of Gibraltar contrary
to the wishes of the people of Gibraltar. There is no evidence that
Spain is ready to accept that," said the government.
The remark by Mr
Hain that no Gibraltarian will be forced to give up their British
citizenship "is extraordinary", says the government.
The issue is not one of loss of citizenship but of sovereignty of
the land and political rights of the people, which are indivisible
from each other, says the government.
Mr Hain's approach
appears to reflect Sr Matutes' approach, namely that Gibraltar had
better accept a sovereignty deal because the alternative is pain.
This is unworthy and threatening choice to place before the people
of Gibraltar and the Government condemns and rejects that approach.
Mr Hain says that
those who do not share his view are doing the people of Gibraltar a
grave disservice. The people of Gibraltar well know what constitutes
a grave disservice to them, says the government, which adds that it
will now hold a series of meetings to decide on what action to take.
(07.11.01)
UK
prepared to surrender sovereignty, says Opposition
The Opposition consider that Lord Bethell's letter in "The Times" of yesterday
"coincides with the view which we have already expressed that the
current British Government is prepared to accept a deal with Spain which
entails an eventual change of the sovereignty of Gibraltar. This makes the
position of the existing British Government on Gibraltar weaker than any
other British Government ever before."
In his letter to "The Times" Lord Bethell states that Spain is interested
in solving the problems that she has created for Gibraltar only in exchange
for an eventual transfer of sovereignty. "I believe that this British
Government has accepted the transfer as the only possible outcome", he added.
The Opposition consider it to be highly significant that Lord
Bethell, who has spent a lifetime working for Gibraltar and its people, and is
therefore well placed to have an idea of what is going on, should come to
the same conclusion. His letter clearly identifies the issue at the heart
of the Brussels negotiating process.
Those who defend attendance at talks under the Brussels negotiating
process have argued that the fact that the talks are pre-determined by the
anti-Gibraltarian resolutions of the United Nations was only a Spanish
interpretation. It is clear now, that whilst this may have not been the
British interpretation in the past, Lord Bethell considers that Britain has
now come round to the Spanish position.
The Opposition adds: In the past people have argued that the mention of the preamble in the
Brussels text means that participation in the process is safe. The issue is
not one of safety which is a complete red herring. The only difference
between the two sides now is that Spain does not accept that we can reject
the deal it is proposed to negotiate to give Gibraltar a new status,
whereas the UK position is that the new status once negotiated will not be
imposed and that the Gibraltarians will be free to accept it or reject it
and pay the price if they choose the latter option. The extent of what this
price constitutes as yet undisclosed.
The new British position was clearly stated on 17 September by Foreign
Office Minister Peter Hain who told the Gibraltarians that our present
status was unsustainable. This again constitutes a worsening of the 1976
Hattersley position which has held until now that whilst we were encouraged
to await developments in Spain, no-one was suggesting that we did not have
the right to maintain our present status and relationship with Britain.
The Opposition entirely agrees with Lord Bethell's analysis, which also
happens to be the view that most political observers and commentators
internationally are taking, and which explains the continuous statements by
the Spanish Government that the political will exists for the first time
in London to conclude the deal envisaged when the Brussels agreement was
signed seventeen years go.
It is clear that since Gibraltar started
boycotting the Brussels talks in 1988, the Spaniards have not been able to
advance one inch, and that now they are extremely confident that they are
going to make substantial progress over the next twelve months. No doubt
that confidence will be reinforced by the secret talks commencing this
Friday between Prime Ministers Aznar and Blair, says the
Opposition.(07.11.01)
Do
what I say, says Foreign Office minister, or else...
Foreign Office
minister Peter Hain has warned that Gibraltar either does what he
wants, or it will be left behind. He was speaking in an adjournment
debate in the House of Commons today.
Mr Hain said: We
see a new opportunity for three wins: a win for Gibraltar, a win for
Britain and a win for Spain. If any of us lack the courage to
grasp this opportunity - if any of us retreat through lack of
political will or absence of vision - then we will all be losers.
But the main losers will be the people of Gibraltar.
He said that
Gibraltarians have nothing to fear from the Brussels process.
He made a pledge
which many in Gibraltar have seen as insulting - that "we will
never ask any Gibraltarian to sacrifice their British citizenship
unless they freely choose to do so. "For as long as
Gibraltarians want to remain British citizens, they shall," he
said.
Political observers
in Gibraltar were saying that what Gibraltar wants is to remain
British and what they fear is that the present UK governments wants
to make the place Spanish. It would be extraordinary if anyone could
take away their British citizenship.
It was a time for
choices. Choices for the British government: do we try our best to
reach a new deal for Gibraltar or do we duck that? Does Spain have
the courage to take hard cessions? Does Gibraltar have the vision to
do a new deal?
He did not say what
that deal would be, but added that the status quo was
unsustainable.
Speech
in Full
(07.11.01)
Chief minister under
intense UK pressure to attend talks
The chief minister Peter
Caruana is under intense pressure from the UK government to attend
the talks on 20 November with Spain under the controversial Brussels
process.
Mr Caruana was
telephoned last night by the Foreign Office minister Peter Hain,
while a senior Foreign Office official John MacGregor is in
Gibraltar trying to work out a formula that would allow Mr Caruana
to attend.
The chief minister
says he will not attend bilateral talks between London and Madrid,
urging that they be structured to take account of a separate
Gibraltar voice. He also wants a veto on all matters agreed, that is
to say, that if Gibraltar does not agree there cannot be agreement.
The Opposition are
steadfastly opposed for Gibraltar to be present at talks under the
Brussels process which they see as leading to Spanish sovereignty
over Gibraltar. While Mr Bossano was chief minister for 8
years, the talks were in the doldrums and nothing was agreed.
(07.11.01)
Writing
is on the wall
In a reaction
to the speech today by Foreign Office minister Peter Hain, he Labour Group
says it believes that the writing is on the wall. It is patently obvious from Mr Hain's speech that the UK and Spain intend to push ahead with negotiations under the Brussels' Process whether Gibraltar attends or not.
"We believe that what is likely to happen is that the UK and Spain will negotiate a deal either on the airport or in relation to our overall constitutional position. That agreement will then be put to the people of Gibraltar and if rejected, would probably mean, as Mr Hain implies that we will be left behind with our rights slowly but surely being
eroded," says spokesman Daniel Feetham.
He adds: We cannot just simply reject attendance at Brussels talks and not provide an alternative ourselves. The Select Committee must now meet as a matter of urgency and come up with proposals for Constitutional Reform before events overtake
us .(07.11.01)
Linares
v Linares: School hours change "in total shambles"
The Opposition says it
considers that the information given by Education Minister Bernard
Linares in the House of Assembly confirms that the change of school
hours is an even greater shambles than anyone could have possibly
imagined.
It is totally incredible that the Minister confirmed in
answer to questions from Opposition spokesman Steven Linares that
the change is going ahead in
January when there is still so much to be done.
The Government told the Opposition in the House yesterday
that at this late stage the Department of Education simply does not
know how many people
to supervise the lunch breaks are going to be employed. The training
for these supervisors has not yet been formulated. In this
disorganised
scenario, the Minister revealed that he would like them to be in
placement by attending school a week before the end of the current
term. This term
ends in the week starting 17 December, which means that the
supervisors would have to be in during this week. The Opposition
cannot believe how late this has been left and how rushed the
Government are carrying it out.
It is also quite amazing that during the last week of the
autumn term, the Government is expecting teachers, headteachers and
other staff to brief
these supervisors. It is no secret that the run up to Christmas is
one of the busiest times in the school calendar. Children are
involved in school plays, assemblies, putting up decorations and
other seasonal activities which happen at that time of the year.
This places an extra burden on the
teaching profession at what is already a hectic time.
The Opposition is also seriously concerned at the question of
hygiene.
The Government has now said that in some schools facilities
for children to clean up after eating will not be available. The
children in those schools
will be given wet wipes with which to wash up before and after they
have had their meal. It is totally unacceptable to the Opposition
that our children are being treated in this manner by the
Government, particularly where issues of hygiene are concerned.
The Government also confirmed that some schools have not been
allocated funds at all to provide facilities during lunchtime and no
firm guarantee was given to the Opposition that all the facilities
being put in place would be ready on time.
The Opposition consider that the latest statements made by
the Minister will provide no comfort to the many parents and
children involved in this momentous change. It is clear that the
Government has mishandled and mismanaged this project from the very
outset, and that they are now trying to do a rush job in a haphazard
manner in an effort to paper over the cracks on time. The Opposition
is far from satisfied with the latest
statements made by the Government as revealed in answers to
questions, and will continue to hold them to account for the mess
that they have made.
(07.11.01)
We
feel betrayed by Britain, says chief minister
The chief minister Peter
Caruana told Spanish radio listeners this evening that Gibraltar
feels betrayed by the UK government.
Although this did
not extend to the question of sovereignty, he cited such issues as
the European Union, the frontier and telephones.
He was being asked
if the UK would not start abandoning the commitment on sovereignty
and shock him at the last minute. He did not think so.
Mr Caruana said
there was not the remotest possibility that Gibraltar would accept
joint sovereignty with Spain. Sovereignty cannot be shared, he
said, using footballing terms to the effect that you cannot belong
to the Real Madrid and also to Barcelona.
He was being
questioned in a Spanish radio interview in Algeciras by a number of
Spanish journalists.
While his
government would welcome commercial initiatives over the airport for
the benefit of both communities, there was no question of sharing
its sovereignty, property or control.
He said that the
isthmus on which the airport is built, and which Madrid claims
separately, was an integral part of Gibraltar.
You cannot base
today's politics on a map of 300 years ago, he added.
The questioning centered
largely on questions of sovereignty and about his attendance
or not to the 'bilateral' talks between Britain and Spain on 20
November. He took umbrage to the use of the term 'bilateral'
and said Gibraltar would only attend with its own voice.
SENIOR FCO OFFICIAL ON GIB
VISIT
In fact, a senior
Foreign Office official named MacGregor would be flying out to
Gibraltar tomorrow to discuss further Mr Caruana's participation at
the talks.
In Algeciras
tonight, Mr Caruana spoke of the desire to have him at talks to
legitimise the process.
(06.11.01)
UK
officials bludgeoning Gibraltar to give up its British links, says
MEP
Under the heading 'Gibraltar must decide its future',
Lord Bethell writes this letter in The Times today:
FROM LORD BETHELL, MEP FOR LONDON REGION (CONSERVATIVE)
Sir, Last week’s reports about a “secret deal” between Britain and Spain over the sovereignty of Gibraltar indicate that yet again British officials are planning to cajole or bludgeon the Gibraltar people into giving up their British connection and throwing in their lot with Spain. This is set to take place when Jack Straw and the Spanish Foreign Minister, Josep Piqué, meet to discuss Gibraltar at the end of this month.
The two Governments have decided to continue the talks held in Brussels last year. To the Gibraltarians the ideas aired then mean a gentler Spanish policy, ending delays at the frontier, allowing more telephone lines, lifting objections over flying and a host of other matters ranging from dog shows to football competitions and the dumping of refuse.
But Spain is interested in solving these small problems only in the context of one basic demand, an eventual transfer of sovereignty from Britain to Spain. I believe that this British Government has accepted the transfer as the only possible outcome.
Gibraltar has no representation in any of the EU institutions and is excluded from most of the EU’s benefits. Britain has not yet even managed to secure the vote for them in European elections.
The Government seems to have forgotten that when a territory is decolonised, according to the United Nations Charter, the interests of the people who live there are paramount. The people of the Rock would never willingly give up their British connection. But, if browbeaten sufficiently hard by the two Governments united against them, they might be left with no alternative.
Yours sincerely,
NICHOLAS BETHELL
(Group of the European People’s
Party (Christian Democrats) and
European Democrats),
European Parliament,
c/o 2 Queen Anne’s Gate, SW1H 9AA.
Unlikely
Gibraltar will attend talks, say Spaniards
With the Gibraltar
chief minister saying that he will only attend Anglo-Spanish talks
on Gibraltar if his conditions are met, diplomatic sources in
Madrid are saying that it looks unlikely that he will be able to do
so.
The next round of
the relaunched talks under the controversial Brussels Agreement take
place in Barcelona on 20 November. Mr Caruana says Britain
must accept his terms for attending before this week is out,
otherwise he will not attend.
He wants a veto on
anything agreed at the talks in order to safeguard the Gibraltar
position. The opposition is urging him not to attend, given the
experiences of the past - as attendance by Gibraltar allows the UK
to sell any deal in Britain on the grounds that Gibraltar was here.
In the Gibraltar
parliament today, Mr Caruana said in answer to questions that he was
not consulted about the relaunch of the Brussels process. He was
simply told that Britain and Spain had agreed to do so by a Foreign
Office official who telephoned him ten days before the talks resumed
on 26 July last.
The Spanish foreign
minister Josep Piqué has been saying that Mr Caruana can attend as
part of the UK delegation, but that he cannot be given the
right to veto any agreement between two sovereign states.
In Madrid today,
Spanish diplomatic sources were saying that it seems highly unlikely
that there will be Gibraltarian representation at the 20 November
talks. (06.11.01)
Arab enters Gibraltar illegally with Gib Regt
When the Royal Gibraltar Regiment went to Morocco recently for training, they came back with an illegal immigrant, PANORAMA reveals.
There has been an attempt to keep this serious breach of security a secret, even through this is a matter of great public interest and of concern to Gibraltar as a whole.
PANORAMA has established that on Friday 12 October, the military called the Royal Gibraltar Police who arrested a 20-year old Moroccan for entering Gibraltar illegally. The police would not say where the arrest took place.
PANORAMA knows that the Moroccan, who was deported a week later, was found by the military in Devil’s Tower Camp, the headquarters of the Royal Gibraltar Regiment.
Questioned by us, a
spokesman at Headquarters British Forces said: "We can confirm
that a stowaway was found, hidden in the back of a Royal Gibraltar
Regiment on their return from an exercise in Morocco. The
stowaway transferred from another vehicle to the Service vehicle
whilst on the vehicle deck of the ferry and whilst the ferry was as
underway. At this point no passengers are allowed on the vehicle
deck of the ferry for safety reasons. The stowaway was
discovered as the vehicle entered Devil's Tower Camp in the early
hours of 11 October 2001 and was promptly handed to the Royal
Gibraltar Police." (06.11.01)
Ceuta
and Melilla are different, says Spanish defence minister
The Spanish
enclaves of Ceuta and Melilla, on the North African coast, cannot be
compared with Gibraltar, said the Spanish defence minister Federico
Trillo.
He said that the
two cities have always been Spanish, so there has never been a
possibility of integrating them with other countries.
Both enclaves are
claimed by Morocco.
The Spanish
government has never considered any ideas that could question the
Spanish sovereign status of the territories, while at the same time
expressing satisfaction that at long last the decolonisation of
Gibraltar had started.
In relation to the
deterioration of relations between Spain and Morocco, the Spanish
minister said that he did not think that developments had anything
to do with Ceuta and Melilla. (06.11.01)
Government
accused of mismanagement of human rights issue
The Labour Group has accused the Government of mismanagement in respect of the UN human rights committee's deliberations, given that the government missed the opportunity of making Gibraltar's views known.
It is pertinent to highlight once again that under the periodic reporting procedure the Committee was in session during October/November 2001 and that Gibraltar was specifically under discussion as part of the Committee's consideration of the UK's fifth periodic report on its overseas territories. "An actual summary of the record before the Committee (which record is publicly available) is extremely encouraging for Gibraltar in that it shows the very positive attitude taken by Mr Amor and Mr Henkin, two of the committee experts," according
to Daniel Feetham of the group.
Both felt very uncomfortable with the UK's argument that our right to self-determination was circumscribed by the Treaty of Utrecht.
The subsequent conclusions by the Committee make no reference at all on the issue of self-determination and the Committee regretted that it did not have sufficient information to deal with all the issues in respect of the overseas territories.
It is regrettable, they say, that Gibraltar has lost an opportunity to fully and exhaustively put forward our case before this important forum. It would have been the perfect opportunity for the House of Assembly Constitutional Committee to have submitted proposals for constitutional reform on behalf of Gibraltar and/or for the Government of Gibraltar to have submitted its own representations to the Committee through the UK delegation on our right to self-determination. At a time when we are under immense pressure we cannot continue to miss opportunities such as these. To have missed this opportunity is lamentable to say the least. It is imperative now that the Select Committee on Constitutional Reform gets its act together and makes proposals for constitutional reform before time catches up with us again.(06.11.01)
UN
human rights committee puts Gibraltar's self-determination in
abeyance
The United Nations human rights committee has decided not to
proceed with making a pronouncement on Gibraltar's right to
self-determination.
Last month, the UK lodged a document with the UN committee which stated that self-determination applies to all its dependent
territories, qualifying Gibraltar's position in ambiguous terms.
A draft resolution was prepared to this effect by the US representative Louis Henkin and backed by the Australian and Germans representatives on the 18-strong committee.
However, when the draft resolution came up for debate, the view that gained weight was that self-determination would be applicable to dependent territories not subject to territorial disputes. The UK proposal has been left in abeyance.
The committee expressed deep concern that the protection of the UN covenant on civil and political rights in the overseas territories was weaker and more irregular than in the UK itself. It also regretted that the Human Rights Act of 1998 did not apply to these territories and that Covenant rights were not incorporated into the legislation to remedy this absence, as well as to provide human-rights training for public officials.
CONSTITUTION
When addressing the committee last month, the UK representative Henry Steel said that the UK had “invited the governments of all the territories to initiate processes involving full public paticipation, reviewing their present Constitutional arrangements with a view to proposing amendments or changes.”
The territories had been told to ensure human-rights standards were reflected in their legislation.
He specifically said that “the Gibraltar Government has been asked to submit proposals for updating its Constitution, provided that they respect human-rights standards, and select committees have been established to that end by the Gibraltar legislation.”
Answering questions, Mr Steel said that there was no discrimination against Spaniards in Gibraltar - there was no discrimination against anyone.
He said: A territory that decided against seeking independence could change its mind later; the UK would remain open to such proposals.
The UN Civil and Political Rights Covenant states that “all people have the right of self-determination.”
It could be that Gibraltar has missed the boat by not addressing the human rights committee.
Speaker
criticised for restricting Opposition questions
The Opposition tabled 465 questions in January and 358 questions in April
this year. On this occasion, after an interval of 7 months, 431 questions
have been tabled for the Meeting of the House which opened this morning.
There has been no opportunity for the Opposition to question the Government
since April.
At the commencement of today's session, the Speaker, Judge
Alcantara, declared that because he considered 431 to be too many questions, he was
implementing a Standing Order which he claims exists, but has never been
applied, which limits supplementary questions to two, in respect of each
Opposition Member, with the Leader of the Opposition having a third supplementary. The Speaker when asked by the Opposition, refused to say
which Standing Order he was quoting.
In a statement today, the Opposition adds: This places a severe constraint on the rights of the Opposition to seek
information and explanations in the House of Assembly. No previous Opposition has faced such a ban on seeking information in the House from
the Government. Most of the questions do not require
supplementaries, because they seek satistical information to enable the Opposition to
monitor the performance of the economy and generally of other areas of
Government activity. There are always a small number of questions which
give rise to a large number of supplementaries, because they raise important political issues. On this occasion, questions on the re-launch
of the Brussels process talks, are likely to fall into this category.
There is nothing in Standing Orders to say what is the maximum number of
questions, the Opposition adds. Nor is it the role of the Speaker to argue that because he
considers 431 questions to be too many, he will limit the capacity of the
Opposition to seek information because "we have to get
on".
Although 431 questions could give rise to 1,293 supplementaries, on the
Speaker's ruling, in fact, the lack of a necessity for supplementaries in
some questions, does not allow the quota to be used for other questions,
therefore, making a nonsense of the Speaker's excuse of the "need to get on".
The Opposition go on to say that the Speaker gets paid sufficiently for the number of days a year he has to
preside over the House, and allowing supplementaries, as has been the
practice since 1969 on the three times a year when questions are tabled,
might add a few more hours to the proceedings. If the Speaker feels that
this is too much of an extra burden on his time, then he should give way to
somebody else.
The Opposition takes "a very serious view of these developments which will
further restrict our ability to hold the Government to account in our
parliament."
(05.11.01)
Chief Minister and Deputy beg to
differ...
The Chief Minister and his Deputy appear to beg to differ about the so-called denial by the Foreign Office of the report in The Guardian.
While Mr Caruana was on holiday last week, Mr Azopardi issued a Government press release which took note that The Guardian report extensively quoted a British official.
“The Government considers that the bland denial delivered by the Foreign Office representative is clearly insufficient,” said Mr Azopardi. “The Government will be taking this matter up with the United Kingdom Government directly with the request that they take steps to trace the source of, and more forcefully deny, what has clearly been protrayed in The Guardian as a direct briefing of the newspaper by a Foreign Office official.”
Indeed, the report had all the hallmarks of a briefing as PANORAMA noted last week. Who else but a senior Foreign Office official would have known that the talks are to be held in Barcelona and not Madrid?
When Mr Caruana returned from holiday, he said that talk of secret deals “has been denied by the Foreign Office.”
The Gibraltar Government was no longer demanding a more forceful denial, or that the source of the report be traced.
How does PANORAMA get its
exclusive reports?
Britain and Spain would like to know...
The British and Spanish foreign ministries are intrigued at how PANORAMA gets hold of exclusive stories which are confidential and preferably not for publication.
Their obsession is such that they have been making enquiries!
Whenever an exclusive report appears in PANORAMA they ask each other if it was them who let the cat out of the bag. Not me, says the Foreign Office.
Yo tampoco, says the Spanish foreign ministry.
It so happens that London and Madrid have agreed on a pact of silence over their deliberations. They feel that by being discreet about their secret discussions they can best achieve what they call “progress”.
As the intrigue continues about PANORAMA, we advise the ladies and gentlemen of the foreign brigade that lessons on journalism are available...
Foreign
Office confirms reports, says Madrid daily
The British Foreign Office has confirmed reports concerning the existence of secret talks between Spain and the United Kingdom directed at sharing sovereignty over Gibraltar in the near future, says an editorial in the Spanish daily ABC.
London would be prepared to adopt a similar model on the Rock to the one used for the transfer of sovereignty in Hong Kong. The end result of the process would be Spain's absolute and exclusive sovereignty over the colony.
The Spanish government has neither confirmed nor denied the existence of a pact, and has limited comments to repeating that relations with Great Britain are harmonious and that Spain's unalterable goal is to recover full and exclusive sovereignty over the
Rock, says the paper.
According to British sources, the first bilateral meeting would take place on 20 November, and shared sovereignty could come about at the end of 2002. The likelihood of the Spanish flag flying over Gibraltar in a matter of months is much more than utopian fancifulness and much less of a remote possibility.
It adds: It is understandable that the Spanish government is being wisely cautious. Negotiations of this kind require discretion and even secrecy. From the point of view of the principles of law and history, however, there is no room for debate in the dispute. The means and the timing may vary, but the final outcome can only be that of Spain regaining sovereignty and in the shortest time possible.
The will of the citizens of a
colonising country cannot stand as a reason for impeding decolonisation, and on the other, because Gibraltarians' rights are just as guaranteed under Spanish sovereignty. All the more so when we can now speak of common European citizenship, above and beyond national differences. The rights recognized by the Spanish constitution and the guarantees of those rights are at least as wide-ranging as those recognized by British legislation. Justice cannot be swayed by the result of any eventual referendum among the inhabitants of the
colony, says the Spanish paper. (04.11.01)
Shares surrender for Gib holding company
Gemplus International SA said its chief executive officer Antonio Perez has agreed to surrender all the shares in the company he was given when he joined it, to pay for six loans he received to made to exercise certain stock options and pay related
taxes, reports AFX from Luxembourg.
It said Perez already returned 18.6 mln Gemplus shares valued at a price of 2.79 eur per share to Gemplus' indirect unit Zenzus Holdings (Gibraltar), to pay for interest and principal on four of the loans, and continues to hold 12 mln shares.
These will also be returned to pay for the two remaining loans as soon as their aggregate value covers the oustanding loan amount, the company added.
(04.11.01)
Gibraltar
will not take part in talks if conditions are not met next week,
says chief minister
If the Chief Minister
Peter Caruana is to attend the Anglo-Spanish talks on Gibraltar, his
government's conditions must be met not later than the end of next
week. He does not want a last-minute decision, and would like an
answer by 7th November or 10th November at the latest.
The government says
it wants a separate voice at any talks, whether as part of the
Brussels process or otherwise, and that nothing can be agreed unless
the Gibraltar government itself agrees with it. Essentially, Mr
Caruana wants a veto on anything discussed so as to make the talks
'safe for Gibraltar'.
With so much talk
of secret deals and other reports this week, Mr Caruana wants
participation in a process where there can be no secret or other
deals, unless he agrees.
In a television
interview tonight he repeated his well-known views that his
government is not willing to renounce Gibraltar's right to
self-determination. He says he is against any process which
envisages a transfer of sovereignty to Spain, whether gradual or
otherwise. He says he is also against any linkage between
cooperation and parallel progress on matters of sovereignty, which
is what Spain has been demanding.
The Spanish foreign
minister Josep Piqué said this week that self-determination is out
for Gibraltar and that Mr Caruana can attend talks as part of the UK
delegation, but that he cannot have a veto of what is agreed between
two sovereign states.
The relaunch of the
Brussels process, under which London and Madrid declare their wish
of removing all their differences over the Rock, took place last
July and are due to continue in Barcelona on 20th November.
Spain's policy is
to secure a full transfer of Gibraltar's sovereignty, even if it
takes place in stages.(02.11.01)
EU
to rule against Gibraltar's finance centre
Reports that the EU
is about to rule against Gibraltar's finance centre have been
circulating in the last 24 hours. There was a report about it in the
Offshore Business Magazine.
This is followed by an article in
The Times today which says that an investigation by the EU
competition commissioner is expected to declare that Gibraltar acted
unlawfully in not notifying the Commission of tax concessions it
offered offshore finance companies.
The effect of this
ruling will be to force Gibraltar "to rewrite its tax
code" which would threaten it" with bankruptcy with
liability running into billions of pounds," says the report.
It adds: Such a
ruling could destroy the Rock's attempts to set itself up as an
offshore financial centre and land Britain, ultimately responsible,
with a vast fine in back payments.
The move would
threaten thousands of jobs in Gibraltar, which was encouraged by
Britain to develop its offshore financial industry after the closure
of the British naval base.
The Gibraltar
government has been challenging in court the EU move, arguing that
it would suffer irreparable damage if Brussels orders an immediate
withdrawal of the companies operating in Gibraltar as well as
ordering huge financial penalties, which would have to be paid
within two months.
(02.11.01)
Finance
centre threat unconnected to Brussels process, says Opposition
The Opposition considers that the article in today's issue of "The Times"
headed "EU to end Gibraltar's tax haven status" has all the hallmarks of
the continuing campaign to convince the Gibraltarians that we would be
better off under a change of sovereignty. The job of the Opposition is to
continue to expose what is being done in order to ensure that public
opinion in Gibraltar is not duped.
The Opposition says that is totally convinced that we have nothing to fear from
standing up for our rights and refusing to support the relaunched Brussels
process. Gibraltar is quite capable of achieving a viable economy and
ensuring the prosperity of its people.
The article in "The Times" today suggests that the Gibraltar Government
is about to lose the case that it lodged with the European Court of First
Instance over the decision by the European Commission to open State Aid
investigations against the Gibraltar tax exempt and qualifying companies.
It will be recalled that the Gibraltar Government said at the time that if
they lost the case then the legislation would have to suspended. It is
understood that notwithstanding this, new companies continue to be approved.
The Opposition adds that it is concerned at the lack of information being made
available in Gibraltar in respect of both the nature of the arguments that
the Government has put forward to the Court, and on what suspending the
existing legislation actually means in practice. The Opposition has not
even been privy to a confidential briefing in order that it can make its
own independent assessment of the situation. Given that the other side has
already been presented with all the arguments in the court in Luxembourg,
it does not make sense for these not to be made available to the Opposition
in Gibraltar.
"The Times" says that if Gibraltar loses this case, the effects could
destroy "the Rock's attempts to set itself up as an offshore financial
centre and land Britain, ultimately responsible, with a vast fine in back
payments." The article alleges that the Gibraltar Government sees the hand
of Spain behind the move.
The Opposition consider that this is perhaps a case where it appears to
be more the hand of Britain than the hand of Spain that is behind the move.
It will be recalled that the committee which identified and decided to
target the Gibraltar companies was chaired by the Paymaster General of the
British Government Dawn Primarolo. Moreover, Spain itself also has tax
measures of its own included in the list and being subjected to the same
investigation as that taking place for the Gibraltar companies.
The Opposition rejects the implications contained in the article that
this is somehow linked to the relaunch of the Brussels process. This is a
totally separate matter.
The EU Commission's State Aid rules apply
throughout the European Union, and its decision to investigate Gibraltar
was announced at the same time as investigations into a total of eleven
corporate tax schemes in eight member states. It is absurd to insinuate
that if Gibraltar does what Britain and Spain wants then we can break the
rules and nothing will be done. The implications of such an argument is
that even the European Courts cannot be trusted to uphold the rule of law
and are mere pawns manipulated by London and Madrid.(02.11.01)
Britain
wants Spain to urge Gibraltar to accept Spanish sovereignty
The British government is
to ask Spain to urge Gibraltar to accept Spanish sovereignty, say
reports.
A Spanish
newsagency report quotes a British report which, according to them,
makes this observation.
The plan would be
for the Spanish prime minister Jose Maria Aznar to seek to convince
chief minister Peter Caruana of the advantages of a change in
sovereignty.
British foreign
office officials are working on a wide autonomy for Gibraltar, with
a special status for Gibraltar and a military base for Britain.
Spanish reports say
that Britain would be prepared to give up part of Gibraltar's
sovereignty, said another Spanish newsagency quoting British
officials.
The matter is to be
discussed by prime minister Tony Blair and his Spanish counterpart
when they meet on 9 and 10 of this month at Chequers.(02.11.01)
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