GIBRALTAR today

Letters

Shipping tariffs problems not solved

Dear Sir,
In view of the comments made today in Parliament by the Hon.- Minister Holliday, in response to questions from the opposition, where he states that problems with the tariffs have been resolved, we thought it would be an op-portune moment to make a public statement on this is- i sue, on which we unfortunately do not share the same opinion. A clear majority of companies involved in the i Shipping industry, other than those members of the Port Advisory Council, wrote a letter and sent a report to the \ Captain of the Port, expressing their concerns on the in- crease of the Port Tariffs and the long term effects these could have to Shipping in Gibraltar, to which no reply was received. Given the circumstances the working group rep- resenting these companies met with, the Captain of the Port to clarify various issues mentioned in our letter and requested to at least postpone the implementation until the matter had been discussed further, which was met with a negative response from the Captain of the Port. In view of the long term effects these could bring about to the Shipping industry and the knock on effects these may also have on service providers, a meeting has been called for the 23rd June, which will include representative bodies (including GTC, GFSB, Gibraltar Taxi Association and in dividual companies, to discuss a way forward towards seek- ing, what are considered to be vital changes to the tariffs
implemented. Thursday 11 June 2009
Yours faithfully, on behalf of: Tarik Ship Agents & Bunkering Services Ltd,GibPort Services Ltd, Global Agency Company, A Mateos & Sons Ltd,Turner & Co Ltd, Inchcape Shipping Services Ltd, Maritima del EstrechoGibraltar Ltd, Fenmar Ltd, Wilhelmsen Ships Services Ltd, Redwood (Int)Ltd, Clifton Shipping Ltd, Bominflot Gib Ltd, James Molinary Ltd, Rock
Maritime Services Ltd, TP Towage Ltd, Sorek Shipping (Gibraltar) Ltd 1

"THE MOROCCAN QUESTION"

Dear Sir,
As a Christian, I know that to pass comments on Moroccan issues is to tread a very thorny path. A problem that has been here with us for 40 years has no easy resolution. But when all is said and done, we are dealing with human beings who are the same as everybody else. They have to work, eat, breath and pay their taxes, insurance and other bills. They are also living in a democratic country where all are equal under the law. I know that local politicians think that there is no political capital to be made out of this issue. Mr. Bossano, during his eight years as Chief Minister turned a blind eye to all those poor but persistent Moroccan workers who diligently marched to Convent Place every morning carry placards and who manifested under his very nose for a number of years. Our present Chief Minister has also presented many convincing arguments and reasons why the 'Moroccan status quo' should be preserved. I see this whole issue as a very human issue that is crying out for a humanitarian resolution, but first of all there must be the good faith and political will from four countries. I do believe that unless the U.K. Government, the G.S.D. Government, the Spanish Government and the Moroccan Government can get together in a responsible and compassionate 'think-tank' no appreciable gains will be made by the local Moroccan community in the advancement of their proclaimed rights. Not so long ago a report was commissioned by the local T.G.W.Union/Unite and experts from U.K. flew to Gibraltar on a fact-finding mission. Of course, what these experts find out is only what we all know and what we consequently tell them. No doubt their findings will be splashed all over the British press giving us all a bad name but without finding a solution to these problems. The fact that the 1000 Moroccan workers in Gibraltar do not have an eloquent representative in Gibraltar is tragic as Mr. Sarsi, Mr. Ratali and now Mr. Ali Druissi speak English and Spanish very poorly and in my estimation, it is paramount that anyone who aspires to represent a group of people must first of all be very educated and eloquent. The Government in Rabat has not shown any interest in the welfare of its citizens abroad. I am sure that if the local Moroccan community had greater representation and muscle flexed from Rabat at least Spain, who has many interests in the Moroccan mainland would take note and at least consider granting the local Moroccan workers a transit permit to be able to cross the frontier each time the local ferry was out of action so they could catch a ferry boat from Algeciras to Tangier and Ceuta. The local Government could make the lives of those Moroccan who do not pay rent in private accommodation easier by accelerating the construction of a new hostel so that many could live in humane conditions with the dignity that behoves human beings residing in a democratic and prosperous country. As regards granting the local Moroccan workers the right to vote, this is another matter that I do not want to get into. All I can quote is my own example. When I migrated to Australia in 1977 I was offered the right to Naturalisation within four years without losing my British citizenship or any other rights. I was extended, together with my own family, all the rights of a born Australian, including the right to vote. Of course, we are talking about a very huge country and there is no point in comparing it with Gibraltar as Australia can accommodate a great number of migrants every year and Gibraltar cannot afford to get inundated with the families of the present Moroccan community as all our services like schools, hospital etc would get inundated. I therefore hope that the best efforts are extended to the improvement of the Moroccan community by our politicians. As the saying goes. "When there's a will, there's a way, and so far, no government in Gibraltar has gone the whole hog to leave no stone unturned until the plight of these loyal Moroccan men and women is assuaged and made better to the level of each Gibraltarian.

Thanking you.
Tito Valerga.

Those Telephone Increases

Dear Sir,

There is probably nothing more unpopular to the consumer than to be notified of increases in essential services, as is the case now with the telephone.
Coupled with this is the high cost of living due to spiralling prices in our supermarkets and some due to the devaluation of the pound sterling in relation to the Euro and others to profiteering.
But getting back to the subject of the telephone increases it is doubly unjust to the consumer that not being enough with increasing the fixed line rental frame to £8 that the monthly free call of £1.25 is removed.
This is the second time in the last two or three years that the fixed line rental has been increased which was then £4. It is deplorable that we now have to pay £8 every month because of this one-arm bandit.
Gibtelecom seeks to justify the increase in accordance with the Gibraltar Regulatory Authority and will also be introducing a second billing which they say consumers should therefore be experiencing an overall reduction on those bills.
A lot of nonsense! The title “Reduction” should not be awarded until the scheme has been debated more conclusively and those monthly bills start to come in.
Plainly what is particularly true here is that if sufficient time is taken to read “Gibtelecom Info News” and penetrate on the information. What is revealed is no more and no less that customers will have to pay more on those telephone bills every month. Whatever public relations exercise they do a disgusting state of affairs when Gibtelecom has been making huge profits.
Just as disgusting is the fact that the GSD Government holds a 50% share of Gibtelecom and therefore ultimately responsible for approving those increases, which clearly displays lack of Social Justice for the low incomes citizens in our community in order that higher profits are made.

Francis Gonzalez

No joint deals with Spain

Dear Sir,

In March 2008 I wrote a piece following up the Chief Minister’s analysis of the Anglo-Spanish deal of April 2002 reference Schengen and how good it could be for Gibraltar but expressing his concern that the UK’s partial entry was not either then or now to involve the Airport, question a British Regional Airport i.e. Gibraltar, so registered we were told at the time of the UK accession so blatantly disregarded during, before and after Cordoba.
His next point being that Spain wanted to be responsible jointly with Britain for our affairs within the European Union, something that he stated was unacceptable to Gibraltar and so say all of us.
Will he now lead and advise both the European Union and Britain that any more joint this or the other is not on and that the Government of Gibraltar will pursue the jurisdiction of our waters in Court.
Finally as a complete layman, if some one has such a strong case within Utrecht why now wish to come to an agreement or is this a little bit more of the airport non-concession Cordoba debacle,

Yours faithfully,

W.L.Chamberland.

Spanish hopes raised

Dear Sir,

The adage of “Give them an Inch and they will take a Mile” has become a reality.
In days gone by the AACR advocated “Give Spain a Hope” and the IWBP replied with “Give Spain No Hope”.
The former position led to two dangerous agreements, the Brussels Agreement and the 1987 Airport Agreement.
It is obvious that today the Gibraltar Government plays the game of “Give Spain a Hope”, this has been in the form of statements, made in Spain and in local interviews, coming from the Chief Minister that must confuse his Spanish Audience and the local readers.
In 2002 the Chief Minister said that since the question of ‘Sovereignty cannot be settled now that it was something for future generations to decide.’
In May 2002 two Basque reporters, Txema Montero and Blas Bermudez, wrote an article and quoted Peter Caruana in the following perplexing interview. The confusing statements in that article arise because Caruana starts with a positive statement saying:
“I am not prepared to accept neither full Sovereignty by Spain nor Shared Sovereignty” (“No estoy dispuesto a aceptar ni Soberania plena de Espana ni Soberania compartida”) He then goes on to quote what the UK’s position is “They call it Conference Building Majors, it is the diplomatic language used by them for everything in order to bury historic hostility, to bury the lack of confidence and forget everything, to make us friends to mutually cooperate economically.. and .. so that at some future date we can return to the Sovereignty question” “This are the British speaking and the Spaniards fear that we will benefit economically, politically, and socially from such a climate of normality and we may defer the matter of Sovereignty indefinitely.” So far so good but then he makes the following contradictory remark:
“ What I think is that Spain should entice, ‘mimar’, the Gibraltarians a little until we say ourselves “good, the British flag will be lowered by ourselves.”
“ Lo que pienso yo es que Espana tendria que mimar un poco a los Gibraltarenos hasta que nosotros digamos ‘Bueno la bandera Britanica la bajamos nosotros mismos.” (Hermes-elkarrizketa May 2002 ).
(Would someone please clarify this report and let us know that this reporting is untrue!)
And, in 2003, in an article in ‘Parliamentary Brief’ Peter Caruana wrote “However I do think that the new ‘post-1993 Andorra model’ supported by both France and Spain is precisely the sort of solution we could well examine and might well support” (cit.Panorama 2nd May, 2002).
On the 15th July 2008, in an interview with Paco Oliva, the Chief Minister is quoted as saying, “Every political leader of Gibraltar has the obligation and duty to attempt to finally settle all political issues affecting the Rock including its problems with Spain”. Also “the Government would be willing to listen to any proposals and if the Government thought that there was any mileage, we would put them to the people in a referendum for them to have their say” (Gibraltar Chronicle, Oliva Interview, 15th July, 2008).
In April 2009, during his talk at the ‘Casino Gaditano’ he is reported to have said “We are at a cross-roads: we can continue another 300 years of confrontations and conflict or we can dialogue.” The reporter adds ‘That is why he reiterated once again that his position is a total predisposition to negotiations,’ quoting Caruana again,“but counting with the opinion and the right of the Gibraltarians to decide. The only condition we put is that the rights of Gibraltar is respected and that solutions are not reached against its wishes.”
There is no doubt what the Spaniards are going to believe if it is said that there is a ‘predisposition to negotiate’.
If this language is intended to be ‘diplomatic’ or to ‘play’, ‘Torear a los Espanoles’, as it used to be said in former years, then this tactics will surely fail. In the meantime no one can question how Spanish politicians will take such statements, it is a clear invitation to press forward what they will consider as a weakening of the Gibraltar position. The blatant incursions into British Gibraltar waters was a calculated move by the Spanish Foreign Office. (Excuse the pan) but are they trying the waters?
On this question of the Jurisdiction of the British Gibraltar waters, should it not have been the responsibility of the British Government to take this matter up to the Courts in Europe, rather than the Gibraltar Government. Is not this a Foreign Affairs issue? Is this not clearly defined within our New Constitution, that Britain is responsible for Foreign Affairs and Defence?

Yours truly
Joe L. Caruana

Lunar Walk

 Dear Sir,

It is that time of the year again!! On Friday June 26th June we will be holding our second 'Lunar Walk' in order to raise awareness of breast cancer and raise money for breast cancer care services in Gibraltar. The shorter 5 Km walk starts from Casemates, along Winston Churchill Avenue to the Airfield, around the perimeter of the Western end of the runway, out into Devil's Tower Road and ending in Eastern Beach at a Party at Latino’s. This year the walk is 1 ½ Km less than last year because we cannot walk on the Eastern end of the runway due to the construction works.
In order to raise breast awareness, please wear a 'fun' bra or bikini-top, on its own or over a t-shirt (men included), or wear a customised t-shirt. If you want to wear our charity t-shirts, they can be bought at La Senza for £5. There will be prizes for the best outrageous outfits, so do your worst!
The walk starts at midnight, hence 'Lunar'. Registration is £5 and starts at 9pm on the night, so just turn up and join us. At Casemates, as from 6pm, 'Glamour Nails' will be there painting your nails for charity and raising money for the Breast Cancer Support Gibraltar, so why not paint the pink ribbon on them; and during registration, there will again be glow-sticks on sale at £1 each; the Calpe Band will be entertaining us with their dulcet tunes; and Batuka Queen Janine Pereira will be leading the warm-up exercises at 11.30pm in order to get you going. Please wear comfortable shoes, as last year we had many blisters due to flip flops and heels!
Gina Morello's lovely balloon display will show us the way out of Casemates at midnight, and before you hit the Airfield, for those who cannot wait, the Market Place toilets will be open, and there will be a portaloo just before getting on to the runway. If you want, take a torch with you to add to the illumination, we also recommend you take a warm top in case it’s cool on the walk or at the beach.
At Eastern Beach, you will be met by the Band and Pipes of the Sea Scouts; there will be food and drinks on sale at Latinos, Area 52 will be playing there live; and DJs Mifi and Groovey South, sponsored by Latinos, will party the night away for those who have any stamina left!
As we expect about 2,000 entrants, please be patient while waiting for your initial order of drinks/food at Eastern Beach - you will be served as soon as possible. For those of you who need to get back to Casemates and do not fancy the walk back, a bus shuttle service from MH Bland will be running from 1am till 3.30am.
We look forward to seeing you all there, please join us.
 

Isobel Ellul-Hammond
Chairman, Breast Cancer Support Gibraltar

 

Waiting for refund

 

 Hi,
I note you have written quite a few articles about this “airline”
I had a ticket booked for my mother in law for May 2nd – they cancelled the flight a few days before. Over a month later, despite 4 emails and two phone calls they will still not refund the ticket, they cite that it is being dealt with by their lawyers. You would think any decent airline would be able to refund immediately. I am also asking them for an additional 250 euros as per EU law if they cancel a flight that delays a journey by more than 24 hours that is what they have to pay. Perhaps you would be good enough to highlight to your readers that the same thing could happen to them, book a flight, it gets cancelled, and a month later they are still out of pocket. I feel like going taking action in Court and serving papers on the MD the next time he is in Gibraltar.
Regards

Mark Armitage

 

Insight into foreign affairs

Dear Mr Editor,
 

Since we live in a Society where unfortunately each and every one ‘per force’ becomes an expert in Foreign Affairs, I feel that the following snippets require publication to enable the people of Gibraltar, those who count to have an insight of what some politicians say at times and then forget and now more important since people are beginning to query Cordoba and the side effects.
1. Quote—Yes, we obviously would much prefer that the United Kingdom did not discuss the question of sovereignty with Spain; but of course we do not have the power to prevent them from doing so. ( United Kingdom Parliament, question 180 —Tuesday 20 April 1999)
2. Quote--- There is no mileage in a sovereignty discussion that involves any degree of transfer of sovereignty to Spain, because the people of Gibraltar and the Government of Gibraltar are implacably opposed to it (Same question as above No 180)
3. Quote--- In your submission to us you refer to the ‘Spanish dimension’, and ask the question, ’What does it mean?’ and I suspect nobody here could help you on what it means but you made it quite clear that there would be no change unless it was supported by the people of Gibraltar. I and at least from your evidence get the impression that we now have a situation where there will not be any change unless it is agreed to by the Spanish Government ? Answer—Indeed. That is a change to what? To our constitution.
(question 181- Tuesday 20 April 1999)
4. Quote—Am I right in sensing that there is something of a Spanish veto in any discussion about your future?. Answer – Absolutely so.

Much more could be quoted but at stage suffice to highlight certain recent pronouncements.
1. The Constitution took into account Utrecht (as predicted by the Iranian News Services in London) and surely goes against the grain of all other treaties since Utrecht.
2. We now have a subtle reference to at least listen to any Spanish proposals. This runs contrary to his answer to question 180 above way back in 1999, when only 3 years in power, what has changed, Cordoba or maturity ?
In the address to the European Atlantic group, Monday 24th November 1997.
Decolonisation.
Many in Gibraltar would support full integration with Britain. Indeed if this were to be available I believe that it would be the preferred choice of many Gibraltarians. Regrettably, to date, it has not been HMG’s position that it is not willing to integrate Gibraltar into the UK. Indeed integration would resolve many of the practical contradictions between our Constitutional autonomy and our EU status in relation to UK.
Question, if after 4 long years of trying to obtain a decent Constitution for us, one that would decolonise us once and for all not the crap of a Modern Colonial with the added insult of Utrecht thrown in for good measure, not to offend the same people who continue to make our lives dependent on their whims. I really think that we did not have an honest broker and instead of pushing through this ‘New Constitution’, it would have been a better exercise to put to ‘Referendum’ Cordoba so that people would, with open eyes see where we were being sold.
Spain’s main argument throughout the last 40 years has been the non-implementation of the 1967 airport agreement, with the usual that the piece of land was not ceded by Utrecht and therefore stolen. Why has no politician produced the effects of Treaty of Seville 1729. Why not Article ii of Utrecht, the part that states quite unequivocally who the Heirs and successors to the Spanish Crown are to be from that day (1713) onwards. This is really in Utrecht and furthermore no provision exists to allow for any one of the signatories to alter and/or amend any Article singly without the consent of all others.
Do they want Utrecht, let us give it to them, Chapter and Verse.

Yours faithfully,

W.L.Chamberland


Amendments are 'ill-judged'

Dear Sir,

The Minister for Justice Daniel Feetham has today described Mr Picardo’s proposed amendments to the Children Bill as “outdated, technically unsound and ill judged”. They come seven months after the Government published the Children Bill as a White Paper on the 8 October and a copy was sent to the Opposition. Despite having a copy of the proposed Children Bill for seven months and the Opposition not having raised any of these issues. That in itself, of course, is not a reason why the Government would not have supported constructive amendments. However, if Mr Picardo is so serious in offering the Government an olive branch on a non-partisan basis he could have telephoned or written to the Minister beforehand. Had he done so he would have been told that the Government is shortly to circulate an additional part to the Crimes Bill that incorporates all the relevant provisions from the UK Protection of Children Act 1978 including the latest amendments. These are additional to the computer misuse legislation. Mr. Picardo’s proposed amendments add nothing to the Government’s own legislation but contain very serious flaws because (amongst other things) he has left out important amendments made in the UK in 1988 and 2003.For example, the UK Protection of Children Act was amended by the Criminal Justice Act 1988 and the Sexual Offences Act 2003. Mr Picardo has not included the exception for use of (inter alia) photographs in criminal proceedings which was added to the Protection of Children Act by the Sexual Offences Act 2003. This is an important provision to protect police officers and others investigating offences.Either Mr Picardo has not done his homework properly or this omission (on its own) shows the danger of hurriedly drafting amendments without carefully thinking about the consequences or having the global picture in mind.

Secondly, clause 1 of Mr Picardo’s proposed amendments merges and conflates possession of child pornography with taking, permitting, distributing etc ( i.e. publication) of child pornography. In the UK these offences are dealt with in separate sections since the Criminal Justice Act 1988 amended the Protection of Children Act 1978. As a result of the confusion in his draft, clause 1(4) omits the defence in relation to simple possession that the photograph or pseudo-photograph was sent to the person without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.

These are but two of a long list of errors which we will deal with at committee stage and show precisely why these are not matters to be rushed.

Finally, we note that his amendments seek to increase sentencing powers in relation to a new offence of possession and publication of indecent photographs of children to 10 years.

In the light of the fact that the Children Bill (and hence his potential amendments) will be brought to Parliament before his Private Members Bill, we do not understand the point of a Private Members Bill which is restricted solely to increasing the sentence on a publication offence. As we have said in our previous press release the legislative gap is in possession

and downloading. To test the colour of Mr Picardo’s olive branch, the Minister is prepared to meet Mr Picardo in order to discuss his amendments in the light of the Government’s own legislative programme.

Daniel Feetham,
Minister for Justice

Five positive reasons

Dear Sir,

Conservative European candidates have set out five positive reasons for voting Conservative in the European elections.

They are:

1) To make Gordon Brown change his mind and give us the referendum on the EU Constitution he promised.

2) To vote for change and reform in Europe.

3) To get better value for money from the EU and real accountability for EU budgets.

4) To create a greener and more dynamic economy and a better environment.

5) To tell Gordon Brown we want a General Election – now!

There are a number of positive reasons why people should vote Conservative this Thursday. We have been leading the agenda for change that the EU really needs.

Only by voting Conservative can we send a message to Gordon Brown that we must have the referendum we were promised on the European Constitution. By voting for anyone else, we let Gordon Brown off the hook.

Labour gave away seven billion pounds of our rebate with nothing in return. We will fight for the EU to slash wasteful spending and give real transparency over how the EU institutions - including MEPs - are spending taxpayers’ money.

We need MEPs who will go to Brussels and Strasbourg to defend Britain’s interests. Labour has let Britain down by giving up our rebate and voting to scrap our opt-out of the Working Time Directive. The Liberal Democrats have voted to massively extend the powers and influence of the EU. As for UKIP, instead of defending British interests they have repeatedly let Britain down. They have voted for more EU red tape, to let Spanish trawlers fish in protected British waters and against global free trade.

If people want real change in Westminster and Brussels, they will only achieve it by voting Conservative this Thursday.

Giles Chichester,
Conservative candidate

 

The only list with a Gibraltarian on it

Dear Sir,

Gibraltar should once again set an example to the electoral regions in the United Kingdom with a high turnout in tomorrow’s European elections. I am the only Gibraltarian who is contesting the elections to the European Parliament.

I am very pleased with the way that my campaign has progressed. It was a positive campaign. I am delighted with the firm undertakings towards Gibraltar which has been given by the Leader of the Liberal Democrats Nick Clegg MP. Equally, the commitments of Simon Hughes MP and Graham Watson MEP to Gibraltar were solid and unshakeable.

People will recall that the right to vote in these elections came about as a result of a long-drawn out political and legal battle. In those circumstances it is all the more important that people in Gibraltar turn out in large numbers and vote.

I would obviously call on people to vote Liberal Democrat for a number of reasons:

-The Liberal Democrat list (number 7) is the only one with a Gibraltarian on it.

-The track record of Graham Watson as Gibraltar’s MEP over the last five years has been nothing short of excellent.

-Only the Liberal Democrats have binding policy resolutions supporting Gibraltar at a UK, European and global level.

-The Liberal group of MEPs in the European Parliament has been the only one to have met in Gibraltar.

I am very grateful to all those people who have stopped him in the street practically every day of the campaign.

Jonathan Stagnetto,
Liberal-Democrat candidate

 

Mock election

Dear Sir,
 

The Unite Union is holding a Mock Election which has no legal backing, to highlight and at the same time protest, that residents who are and who have been living and working in Gibraltar for 20, 30, 40 and more years, will not be allowed as other local residents, to vote in the European Election to be held on Thursday 4th June 2009. This exercise is part of our longstanding campaign to achieve equality of rights for all Non – E.U. Nationals.

We consider that it is an act of discrimination that people who pay their taxes, electricity and water bills, telephone bills, etc and contribute to the Gibraltar economy, like any other residents, are unable to participate and vote in this European election. Unlike other European Countries where after 5 or 10 years residents, they acquire the nationality and become E.U. Nationals with full rights, including the right to vote.

We have been constantly arguing for voting rights of Non-E.U. Nationals (majority Moroccan nationals), we consider it scandalous. This part of the community are unable to cross the land frontier and unable to travel on a regular basis to Morocco, because of the unreliable ferry services that takes them from Gibraltar to Morocco.

In this Mock Election, our “Polling Station” will be Transport House, where a ballot box will be available for those wishing to vote. Furthermore, members from the District Committee and sympathisers together with Moroccan Nationals will be manning the 12 polling stations with posters airing our discontent with the current situation.

Unite union

Spain's insistence on Utrecht

Dear Sir,

How true that changes occur in everyday life but what never changes is Spain’s insistence on Utrecht, which they are so scared stiff in defending before any International Court that they prefer to hoodwink UNO, EU or NATO and why not say so even their own nationals.

I have recently come across various papers on the Brussels Process which was concocted by Britain and Spain during the late Sir Joshua Hassan’s tenure of office, but what is so striking is the difference that still exist between a democratic politicians approach to a rather bizarre subject i.e. the attempt to sell us down the river and modern mature politicians.

Let me explain although Sir Joshua was not very much in favour of this process in particular the prospect of sovereignty discussions and let me say he attended 3 meetings and was the last Chief Minister to do so, what follows is the true status of a democratic politician in that his Government pledged to keep the House regularly informed on developments in the negotiations and deposited communiqués on the meetings.

We now come to the crux of the matter, 2 years of secret talks, no information per se to either the House of Assembly, the media or any one else and this we are told is a sign of maturity and statesmanship not by diehard supporters but even by persons who in their political days would have cried foul if this same attitude had been attempted.

I would like to end by quoting from a naval saying, ‘ when we have problems on board a ship we change the captain’

Yours faithfully,
W.L.Chamberland

What a farce

Dear Sir,

I hope that patriotic Gibraltarians who project Spain’s harassment and intimidation have read, listened to, and inwardly digested the comments made by Sol Seruya in his contribution during his participation at the seminar held at the Universidad Menendez Pelayo in La Linea, in which he had the blatant audacity to organise praise for the Spanish Foreign Minister Moratinos for his alleged current part played in posing in a distinct manner as was traditionally before the Spanish case in the Gibraltar dispute.

The whole thing of course, is a huge farce and full of hypocrisy when Gibraltar and its people are still subjected to treatment at the hands of the Spanish socialist government whose foreign affairs are dealt with by no other than Sr. Moratino. Which is a disgrace to any enlightened caring democratic nation.

Under Sr. Moratino’s ministry we now have the invasion and non recognition of Gibraltar’s territorial waters: non recognition of Gibraltar–flag ships: The question of regional selectivity and the shameful situation with transit passengers when aircraft have to land at the Malaga Airport.

A few words are also necessary when he touched upon the Cordoba deal when he said that the spirit of cooperation so apparent in Cordoba should not be lost.

This of course, have never been convincing to the majority of the Gibraltarians who see the unwarranted interference against Gibraltar and lack of genuine cooperation and good will by Spain. So apparent on their side of the frontier with the road full of potholes and lack of proper green and red zones.

As for the Cordoba deal. The majority of Gibraltarians do not support the underhand deal which gives Spain joint control, with the aid of evidence and commonsense. Which is a copy of the airport agreement of 1987 which had been rejected by the people of Gibraltar and the House of Assembly. The agreement was brought out, dusted , and with the aid of the British foreign office was “approved” by Peter Caruana- who only represent half of the electorate.

Finally, it was wrong for Sol Seruya to use the seminar platform to air his pro Spanish views. Spain will be judged by one standard and one standard only-The good standard of a civilised caring cooperative neighbour-of which she is not!

Yours Sincerely
Francis Gonzalez

Amendments to Bill for Children Act

*Letter to the Speaker:

Dear Mr Speaker

I hereby give notice that at the Committee Stage of the consideration of the above Bill, I will be moving the following amendments to include within the provisions of the proposed Act provisions designed to prevent the exploitation of children by making indecent photographs of them; and to penalise the distribution, showing and advertisement of such indecent photographs.

I have numbered the proposed amendments from 1 to 7, as I am happy to consider with the Government where in the Bill to insert these clauses and then number them accordingly.

Proposed Amendments:

1 Indecent photographs of children

(1) It is an offence for a person—

(a) to possess or to take, or permit to be taken or to make, any indecent photograph or pseudo-photograph of a child; or

(b) to distribute or show such indecent photographs or pseudophotographs;

or

(c) to have in his possession such indecent photographs or pseudophotographs, with a view to their being distributed or shown by himself or others; or

(d) to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so.

(2) For purposes of this Act, a person is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.

(3) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Attorney General.

(4) Where a person is charged with an offence under subsection (1)(b) or (c), it shall be a defence for him to prove—

(a) that he had a legitimate reason for distributing or showing the photographs or pseudo-photographs or (as the case may be) having them in his possession; or

(b) that he had not himself seen the photographs or pseudo-photographs and did not know, nor had any cause to suspect, them to be indecent.

2 Evidence

(1) In proceedings under this Act relating to indecent photographs of children a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that he was then under the age of 18.

3 Offences by corporations

(1)Where a body corporate is guilty of an offence under this Act and it is proved that the offence occurred with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other officer of the body, or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

4 Entry, search and seizure

(1)The following applies where a justice of the peace is satisfied by information on oath, laid by a constable, that there is reasonable ground for suspecting that, in any premises in Gibraltar, there is an indecent photograph or pseudo-photograph of a child.

(2)The justice may issue a warrant under his hand authorising any constable to enter (if need be by force) and search the premises, and to seize and remove any articles which he believes (with reasonable cause) to be or include indecent photographs or pseudo-photographs of children.

(3)Articles seized under the authority of the warrant, and not returned to the occupier of the premises, shall be brought before a justice of the peace.

(4)This section and section 5 below apply in relation to any stall or vehicle, as they apply in relation to premises, with the necessary modifications of references to premises and the substitution of references to use for references to occupation.

5 Forfeiture

(1) The justice before whom any articles are brought in pursuance of section 4 above may issue a summons to the occupier of the premises to appear on a day specified in the summons before the Magistrates’ Court for that Court to show cause why they should not be forfeited.

(2) If the court is satisfied that the articles are in fact indecent photographs or pseudo-photographs of children, the Court shall order them to be forfeited; but if the person summoned does not appear, the Court shall not make an order unless service of the summons is proved.

(3) In addition to the persons summoned, any other person being the owner of the articles brought before the Court, or the persons who made them, or any other person through whose hands they had passed before being seized, shall be entitled to appear before the Court on the day specified in the summons to show cause why they should not be forfeited.

(4) Where any of the articles are ordered to be forfeited under subsection (2), any person who appears, or was entitled to appear, to show cause against the making of the order may appeal to the Supreme Court.

(5) If in respect of any articles brought before it the Court does not order forfeiture, the Court may if it thinks fit order the person on whose information the warrant for their seizure was issued to pay such costs as the court thinks reasonable to any person who has appeared before it to show cause why the photographs or pseudo-photographs should not be forfeited; and costs ordered to be paid under this subsection shall be recoverable as a civil debt.

(6) Where indecent photographs or pseudo-photographs of children are seized under section 4 above, and a person is convicted under section 1(1) or section 153 of the Criminal Offences Act of offences in respect of those photographs, the Court shall order them to be forfeited.

(7)An order made under subsection (2) or (6) above (including an order made on appeal) shall not take effect until the expiration of the ordinary time within which an appeal may be instituted or, where such an appeal is duly instituted, until the appeal is finally decided or abandoned; and for this purpose—

(a) an application for a case to be stated or for leave to appeal shall be treated as the institution of an appeal; and

(b) where a decision on appeal is subject to a further appeal, the appeal is not finally decided until the expiration of the ordinary time within which a further appeal may be instituted or, where a further appeal is duly instituted, until the further appeal is finally decided or abandoned.

6 Punishments

(1) Offences under this Act shall be punishable either on conviction on indictment or on summary conviction.

(2) A person convicted on indictment of any offence under this Act shall be liable to imprisonment for a term of not more than ten years, or to a fine or

to both.

(3) A person convicted summarily of any offence under this Act shall be liable—

(a) to imprisonment for a term not exceeding six months; or

(b) to a fine not exceeding Level 5 on the standard scale, or to both.

7 Interpretation

(1)The following subsections apply for the interpretation of this Act.

(2)References to an indecent photograph include an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film.

(3)Photographs (including those comprised in a film) shall, if they show children and are indecent, be treated for all purposes of this Act as indecent photographs of children and so as respects pseudo-photographs.

(4)References to a photograph include— (a)the negative as well as the positive version; and (b)data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.

(5)“Film” includes any form of video-recording.

(6)“Child”, subject to subsection (8), means a person under the age of 18.

(7)“Pseudo-photograph” means an image, whether made by computergraphics or otherwise howsoever, which appears to be a photograph.

(8)If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.

(9)References to an indecent pseudo-photograph include—

(a)a copy of an indecent pseudo-photograph; and

(b)data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.

I will look forward to the Committee Stage of this Bill in order to be able to debate this issue further with Parliamentary Colleagues.

Yours sincerely
Fabian Picardo

Voting for Labour

Dear Sir,

The Unite position regarding the European Election, which has been agreed by the District Committee, is that we will be supporting Glyn Ford, of the Labour Party in this coming European elections, and urges members to do likewise. The District Committee also agreed to provide funding from the political levy fund of the Union.

As this is a European Election, where Gibraltar will be voting as part of the UK, this Union maintains its position as we did four years ago.

It is also important for the members to know, that this is not a general election of the UK parliament, where a Conservative or Labour government is elected. This is an election of the European Parliament, where the most important decisions are taken which concerns all European citizens regardless of their country. In the European parliament fundamental decision will be taken which will affect working people of all the countries that make up the European Union. As such the more socialist M.E.Ps that are elected, the more chances we will have of adopting progressive policies that will benefit working people, more so in this economic crisis, where the right wing will try and curtail workers rights.

Glyn Ford is a friend of Gibraltar and of the Trade Union Movement, and no doubt will defend and support progressive policies.

We must also thank him publicly, for promising and most important for raising in the European parliament and commission, the issue of Non – EU Nationals rights, which Unite is campaigning for. The only MEP who has had the courage and conviction to do so.

Yours sincerely,
Charlie Sisarello, Unite

Government vandalism, uprooting plants and trees

Dear Sir,

When Governments throughout the world are now showing concern for the living world of plants and trees, when conservationists in the world are trying to save the valuable areas like the tropical rain forests and other valuable areas, we in Gibraltar, that is to say the Government of the GSD by a stroke of a pen and thoughtlessness, uproot trees and plants from a piece of greenbelt that provide a lung for people to enjoy round Gibraltar's concrete jungle along the Trafalgar and Southport area.

Some readers may be staggered to learn that this vandalism of this relatively small and yet so rich in it's visual attraction that it is easy to why it is a crime against nature to uproot trees and plants for the sake of creating a roundabout. The question is how many of the trees and plants will eventually survive?

We all are aware in this country that one of the issues confronting this administration is the question of the chaotic traffic situation on our roads. But what I would lkike to say without belittling the genuine desire to improve the genuine traffic situation that creating a roundabout will certainly not solve the problem.

To me the whole situation has evoked memories of the demolition and destruction of the Bus shelter with its dome and clock that was situated by the public market which played a prominent role as a historic landmark and part of our heritage, which will continue to be missed for many years to come.

The bus shelter which many admirers say was the best in Victorian architecture, while others dismiss it as nothing but a glorified bus shelter which provided in its time to our citizens and visitors shelter from the sun and rain.

In its place we have an empty open space with two hideous "plastic" bus shelters which give little shelter from the weather and where buses cannot be adequately parked: where a glorious opportunity was missed to plant trees and other plants and made into a green area.

Will the green area by Trafalgar be the next victim to join the long list of casualties demolished by the GSD government which includes the public market bus shelter, Theatre Royal and Rosia Tanks.

Yours sincerely,
Francis Gonzalez

Feetham 'totally misleading'

Dear Sir,

The remarks made by Mr Daniel Feetham MP on the Oppositions’ vote against his Motion for a Private Member's Bill to amend the Criminal Offences Act are totally misleading. Mr Feetham has tied himself up in knots and does not understand how gravely he has exposed the divisions between him and Mr Caruana on the legal obligation to equalise the age of consent.

Mr Feetham is saying to all the media that will hear him that he is acting out of "conscience", but all the arguments he presented in the Parliament only referred to his motion being presented because - and we agree - it is undoubtedly a legal obligation that the age of consent be equalised.

In effect, therefore, Mr Feetham is not arguing that the age should be equalised for any reason related to his conscience telling him that there is anything but a legal issue here. It is clear to the Opposition that Mr Feetham’s use of the Private Member’s Bill mechanism is just a device to save the bacon of the Government on the failure to comply with international and Constitutional law whilst hiding the blushes of some members of the Government.

Commenting on Mr Feetham's reference to the Private Member's Bill that was brought in UK in the 1960s to decriminalise homosexuality, Mr Picardo said that: "Mr Feetham seems not to understand even this basic issue. In the 1960s in the UK there was no international or national legal requirement to decriminalise homosexuality, so it was then purely as a matter of conscience that a Member of Parliament acted. The situation in Gibraltar in 2009 is totally different. Because we agree with Mr Feetham that this is now about the implementation in Gibraltar of international, European Convention and national, Constitutional legal obligations, there can be no "conscience" issues that arise. How can there be a member of the Government that believes, as a matter of conscience, that Gibraltar law should not comply with what their own Minister for Justice (who swears a specific oath to defend our rule of law) tells Parliament are our obligations under European and Constitutional law?

Mr Feetham says, almost proudly, that the Government do not have a collective position on this issue, which is frankly incredible. Has he taken leave of his senses and left all concept of collective responsibility at the altar of his own political ego?"

On the question of how the Opposition will vote on the Bill, Mr Picardo said that "the Bill deals with much more than just equalisation - which is an important issue of fundamental rights - but also addresses many other aspects of the criminal law which need to be considered now that the Bill is in Parliament. No-one in the Government except Mr Feetham has indicated how they will vote; so why is he surprised we have not done so? Indeed, I see he told the media that we have "threatened" to vote against the Bill. That is totally wrong. We have not given any indication of how we will vote, as is always the case before a Second Reading.

We will as usual want to hear what is said in the debate by each member before making a final voting decision as is the case in every parliament in the world. That is what Parliamentary debates are for. If each member was required to say how they would vote, there would be no point in having such debates. In this case, Mr Feetham's problems are with the votes of his Parliamentary colleagues, not ours. But that is a matter for him. He choose to sit in Parliament with the GSD.

Our view is that equalisation should not necessarily have been taken for granted to be at 16. We would prefer that there should be a detailed consultation with the community on what the right age for equalisation should be. It is not too late for this to occur. In 1992 when the GSLP in Government decriminalised the homosexuality, the age for homosexual consent was set at 18. It may be that our community would be better served with an age of consent across the board at 18 or 17. This should be a matter that should be consulted on much more widely.

Yours sincerely,
Fabian Picardo,
GSLP/Liberal Opposition

Epidemiological study welcomed

Dear Sir,

The Progressive Democratic Party have for some time been calling on Government to commission an independent epidemiological study. As such the announcement made by

Government yesterday is very welcome. Such research should investigate any potential correlations between bay-generated pollution and cancer cases in Gibraltar. The PDP would also like to congratulate the sterling efforts conducted by the Gibraltar Environmental Safety Group and as well as other environmental NGOs that have been responsible for generating the sufficient awareness of the need for such studies.

This is a step forward in the analysis of how bay activities might impact on our health.

The results of this might be pivotal in understanding the risks faced by Gibraltar’s population as a result of polluting entities around the bay. It is also a good platform for analysing other health concerns that can be attributed to pollution in and around the bay of Gibraltar.

The fact that the epidemiological study will be commissioned as an independent study gives further merit to the results. What is also important is that the Government publish the results of the study as soon as it is received so that there can be a full and informed debate about its findings.

Yours sincerely,
Dr. Gavin Gafan
Environment spokesman,PDP

Delighted

Dear Sir,

The ESG welcomes the announcement made by the Minister for the Environment Ernest Britto of the awarding of a contract to a team from the National Environmental Research Institute at the Aarhus University in Denmark, to begin an Epidemiological Study in Gibraltar.

The group has campaigned for several years now for an independent and transparent study to be carried out on populations around the Bay and is therefore delighted that this important programme will now get underway if only at a local level so far.

There are serious concerns of higher than average rates of cancer not only in our community but within towns around the Bay so rigorous and expert assessment of these issues as advocated also by public health specialist Professor Joan Benach, is clearly both overdue and necessary. It is further hoped that such independent studies will also be conducted in the Spanish towns as soon as possible.

The ESG confirms its commitment to assist those undertaking the studies as best it can.

Yours sincerely,
Environmental Safety Group

Racist BNP

Dear Sir,

It makes my blood boil to read that the British National Party (BNP), are playing for Euro votes in Gibraltar. Their candidate from Newton Abbot, Devon, Jeremy Wotherspoon, will be distributing leaflets on the Rock and says that his main reason for coming is to show Gibraltarians that the BNP is “interested in Gibraltar and to promise to defend our interests. Dear Mr. Wotherspoon, your British National party is a racist and fascist organisation and we Gibraltarians have no time for your party’s vile propaganda.

Enjoy your trip back home!

Yours faithfully,
Tommy “Peto” Smith

Dancing to success

Dear Sir

On Saturday 9th May 2008 the annual Gala Dinner Dance and Grand Raffle was held at the Eliott Hotel. This was a great success with over £3500 raised.

We would like to thank Joseph of the Eliott’s Hotel for his help and patience, Gavin from Gibralflora and Maurice from L Stagnetto Limited for their gifts, S M Seruya Limited, Calypso Tours, Tourafrica, Kaycee, Redwood International, Gala Casino, Gauchos Restaurant, Gibtelecom and A D Cohen for the donations of the prizes for the raffle.

The prize winners were as follows:

1st Prize : Mr Schembri
2nd Prize : ML Olivero
3rd Prize : F Rodriguez
4th Prize : N Ferro
5th Prize : M MAuro
6th Prize : L Payas

All the prizes have now been claimed.

Lastly, we would like to thank family and friends for their support. Without them we would not have been able to sell all the tickets.

Gillaine & Jennie
On behalf of Cancer Research UK - Gibraltar Branch

Is this fair?

Dear Sir.

The following is what's happening to me, and I think it's very unfair. It makes me feel like a second class Gibraltarian. And as you can see its not without reason.

My name is J G Byrne, I am from Gibraltar, I was born in 16-04-1941 so I am 68 years old now. In 1959 I went to the UK and I stayed and worked there for about 28 years. Out of the 28 years I had 20 years paid income tax and social security stamp, for which at 65 years old, I started to get my pension from the UK of 173.80 pounds per month, for apparently there was a dispute going on, about the pensions at the time. Now in 2009 I get 187.00 pounds per month. From the national UK pension scheme.

I explain the above because it reflects in this main matters, of which they make me feel like a second class Gibraltarian.

And they are. In 1987 I came back to Gibraltar to stay for good, finding that the accommodation in Gibraltar was so very expensive, I went across the border into Spain to live as thousands of Gibraltarians do . For its within walking distance from Gib. And work in Gib.

So I then started to work in Gibraltar, so after working in Gib for almost 20 years paying my social security stamp and income tax fully . The same as everybody does. When I became 65 years of age I claimed my pension as I am entitle to do, the same as every Gibraltarian who is 65 yrs old.

I then started to receive, as my pension from the Gibraltar government the amount of83.00 pounds a month, as they said that the UK and the Spanish government where in dispute over the Spanish workers in Gib pensions., that's all the information I received, I did not get any information about anything else. [ I stayed working full time till I was 66 years old ]

So after approximately 40 years work between Gibraltar and the UK I end up with the GRAND total of 156.80 pounds a month, [when the dispute was over they raised it to 207.00 pounds a month,] which is what I get now from the Gib pension . I get at this moment in time again the GRAND total of 394.00 pounds a month between the UK and the Gibraltar pensions after 40years of fully paid social security stamps and income tax I have to live on , which I think is disgusting.

I then explained the above to a friend of mine, and he said to me, the Gibraltar government has what they call the community care, it's a fund or society, of which we get some money every three months. It's for the Gibraltarians pensioners, whom have paid his national contributions and taxes. You are a Gibraltarian and you've paid all your contributions so you should go and claim it, you are entitled to it. I was never informed of that by the government.

I took his advice and went to apply, for the community care benefit as a Gib pensioner. I gave my address and the rest of details, and I was told that because my address was in Spain and not in Gibraltar, that I was not entitled to the community benefit I was very much surprised. I spoke to a family of mine, and asked him if I could come and live with him and his family in Gib because of the situation, and then I could use the address, he agreed, so it's the above address . I then went back to the community care and gave them my new address. I was told that I had to produce an electricity or water bill in my name otherwise I would not get the benefit, but I told them that it was not my house, that's why I could not produce an elect or water bill. I was told that, that was not their concern.

Not knowing what to do next I wrote to the government, and asked for a meeting with our CHIEF MINISTER MR PETER CARUANA, which I was granted. And met him and explained the situation. His reply to me was as this was a fund, that there was nothing that he could do. I came away from the meeting with him very disappointed and under the impression that he was not very interested about my problem.

After all that it came to my notice that the money that the community care uses is supplied by the government. In other words it's the tax payers money. I always thought that the funds or society's, they got their money from voluntary donations. How is it that being tax payers money, that it is the taxes that I have been paying for almost 20 years ,and I cannot benefit from my own money. Where the rest of Gibraltarian pensioners can ,and I can not. Up till now after almost three years as a pensioner I still don't get the community care benefit.

Point No2

When I retired I was advised by a friend to go and get the European health insurance card. I took his advice and went and did that. I gave the girl there all my details, and explained to her that I although was 65 yrs old and getting my pension, I was still in full employment.

She then made up the European health insurance card, and where it says status she put employed, and explained that since I was employed that I would have to pay for all my medical prescriptions, and when I finished working that they would change under status from employed to pensioner, and I would not have to pay for my medical prescriptions as pensioners don't pay. A year later I went back to change the status from employed, to pensioner, and told the girl that I had finished working. I then was asked if I was getting a pension from the Gibraltar social security pensions. I said that I was, she then was about to go and change the status to pensioner, when I being honest told her that I was getting a small pension from the UK. She then turned back and said that she could not change the status that had to leave it like that. So I said that if it stayed like that, I would have to pay for my medical prescriptions, and that I was a pensioner and not working. She said that there was nothing that she could do, and she did not change the status on the card. Later on I went and saw the manageress of the primary care centre, of the Gibraltar health authority, health cards.

I explained the situation to her, and her answer to me was that they had an agreement with the UK that the Gib health authority would claim for the medical expenses for UK nationals. And that she would get in touch with the UK and that when had a reply from the UK they would change the status on my card and not before. I then told her that regardless whether UK answered her or not, I was entitled to free prescription , as a Gibraltarian who has payed the Gib social security for almost 20 years , and get the same as the rest of the Gib pensioners, I am still paying for my medical prescriptions and I will soon be 68 yrs old. So it looks like the Gibraltar health authority, is using me as a UK national, which I am not, to claim the UK for my medical expenses, of which correct me if I am wrong but that's illegal, and secondly they are depriving me of my rights as a Gibraltarian of which has for almost 20 years has payed his tax and social security. I was told even though I had payed my stamps if I had an address across the border I would have not been entitled to see a doctor. If mat was the case, it means mat I would have payed my stamps for nothing.

Having said that, regardless where I had payed my stamps we are all supposed to be EUROPEANS are we not. Or are we only Europeans when its convenient to the Government. Now you can see why I feel like a second class Gibraltarian.

Yours sincerely
Joseph Gerald Byrne

 

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Name for the airport

Dear Sir,

Here we go again.

Now wouldn`t the name “ The John Galliano International Airport “ fit the bill

Yours truly

Tito LLufrio

Seat for Gib 'unreasonable'

Dear Sir
Whilst I have great sympathy with PDP claim for a Gibraltar MEP, its just a plain unreasonable idea. It would put Gibraltar in position of greater representation than Towns like Guildford, Oxford, Brighton and the Medway Towns of Rochester, Chatham and Gillingham in Kent.
All of these towns have populations far greater than Gibraltar's but would under PDP plans have far less of a voice. Here in the Medway Towns we have a population of a quarter of million which is a little greater than Gibraltar's population, so I don't see why should Gibraltar be in a better position at European table than the rest of us.
I'm sorry but Gibraltar is special to many of us here in the UK but not so special that it should have more rights than the rest of the Brits.

Yours Sincerely
Alan Jefferies

Gillingham, Kent

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