10 April

Top Spanish Legal Experts Converge in Seville to Discuss Gibraltar Legal Dimensions

April 10, 2015

During the last two days, the legal status of Gibraltar from a totally Spanish perspective has been the main and only subject under academic discussion by top Spanish legal experts who are presently attending a two day-course/seminar at the University of Seville.

Gibraltar a Fascinating Legal Subject for Eminent Spanish Legal Brains

Academically it seems, the legal position regarding Gibraltar is such a fascinating and important subject for these eminent Spanish legal brains, most of who, as you would expect have connections to the Spanish Government…that at the end of the two seminar/course all participants will also receive a certificate!

Organisers of the event in Seville are the Spanish Association of Professors of International Law and International Relations based in Madrid - a scientific and professional institution, who say its aims are to promote the study and development of Public and Private International Law, European Community Law and International Relations and also involved, is the International Law and Policy Research Group of Seville.

Amongst the speakers are some well-known names with extensive knowledge regarding the Gibraltar issue, which I emphasis again, is from a Spanish perspective, like:

Dr. Alejandro del Valle Gálvez…who is the Professor of Public International Law and International Relations at the University of Cádiz and member of the Senat (Governing Council) of the Euro-Mediterranean University -EMUNI of the Union for the Mediterranean EU who will be talking about 'the strategic options for Spain regarding Gibraltar'.

Another familiar name who is also a speaker at this high-level get-together of Spanish legal minds, is someone well known to Gibraltar… Francisco Oda the out-going director of the Cervantes Institute in Gibraltar. Oda who is named on the conference/course agenda programme - as Francisco Oda Angel, Professor of Sociology at the King Juan Carlos University in Madrid, and of course the director of the Cervantes Institute in Gibraltar. Oda will be speaking about: 'the population, and the best argument for the UN'.

Other topics covered during the two-day event will be by Dr Paz Andrés Saenz de Santamaría, a Professor of Public International Law and International Relations at the University of Oviedo and an ad hoc judge of the European Court of Human Rights, who will discuss 'what international law says on decolonisation of Gibraltar'

Another intellectual Spanish, so-called Gibraltar expert Dr. Carmen Anton Guardiola, professor of Public International Law and International Relations at the University of Alicante and author of the book 'Gibraltar, a challenge in the European Union' will speak on the 'adverse possession of the Isthmus of Gibraltar and the thesis and antithesis over the maritime areas around Gibraltar'

Dr. Cristina Izquierdo Sans, Professor of Public International Law and International Relations at the Autonomous University of Madrid, former Legal Constitutional Court and author of the book 'Gibraltar in the European Union, consequences for the Spanish-British dispute and the process of European integration' will deliver a speech entitled 'The situation of Gibraltar in the context of the European Union (financial, border control, citizenship, smuggling etc.'

Maria del Carmen Marquez Carrasco, Professor of Public International Law and International Relations at the University of Seville as rapporteur, will also give an address on Gibraltar, as will Dr. Pablo Antonio Fernandez Sánchez, Professor of Public International Law and International Relations at the University of Seville, Jean Monnet Chair of European Union who will discuss 'the maritime areas around Gibraltar and Dr. Rosa Giles Carnero, Professor of Public International Law and International Relations at the University of Huelva who it is thought in a previous seminar said (explaining Spain's distorted view of the history) that Spain's claim is that it had been forced to yield the city and port of Gibraltar to Great Britain under the Treaty of Utrecht, but this was done on very precise terms. And that Spain laid down the geographical limits, but later the UK occupied it by force increasing additional Spanish territory, which remains de facto part of what is now called Gibraltar.

The Event Was One-Dimensional

The whole academic event, is of course one dimensional in terms of speakers, who are all Spanish, even if they are well known or eminent individuals in their own field of legal work, they are still Spanish!

Obviously, the absence of a more balanced line up of people, possibly some local personalities or politicians delivering a presentation from a Gibraltar perspective, would have given this intense two-day Gibraltar scholar driven course much more credibility, particularly the certificates, which will be presented today at the end of the course to all those who attended.

As far as legal positions are concerns, the Spanish government for the last 18 months have frequently threatened to take its ownership claim of Gibraltar to the international courts, both Margallo and Rajoy have said as much!

Spain For Some Time Considering Taking Legal Action Over Gibraltar

As already mentioned, Spain has for sometime been considering taking the Gibraltar problem to the International Court of Justice, the UN General Assembly or the UN Security Council. Madrid has also threatened to team up with Argentina, probably to share legal costs as the money angle is tight, to mount a joint legal and diplomatic offensive, to contest UK's claim to Gibraltar and the Falklands.

Margallo said earlier this year "We are studying taking the (Gibraltar) matter to the UN and these are all options that are being considered"

Certainly, it seems that Spain is exploring all its legal possibilities. So of course a coming together of Spanish top legal brains, to discuss these Gibraltar related matters of legal importance. Would be of great interest and benefit to the Spanish Governments. If only because there will be free academically and legally prepared discussion papers, on the legal aspects concerning the Rock… coming their way!

The last time the Spanish legal issue came up at the UN a UK Foreign Office spokeswoman said: "Our policy on Gibraltar at the United Nations has not changed and is consistent with our policies on other Overseas Territories. Self determination matters more than territorial integrity".

"The people of Gibraltar have repeatedly and overwhelmingly expressed their wish to remain under British sovereignty. Adding, "The UK's position is entirely consistent with the purposes and principles of the United Nations, which include the principle of self determination."

Although, we understand, unsurprisingly so, this educational but highly academic event in Seville has received the support of the Madrid central Government. Who, as I have said, will no doubt take advantage of the two-day legal overdose on Gibraltar? And also of the dozen or so top Spanish legal minds who have discussed important legal, but political, matters regarding the Rock.

So of course Margallo, will obviously receive and welcome the final reports prepared by the organising legal institutions in Madrid and Seville!

I think Gibraltar should organise one of its own!

10-04-15 PANORAMAdailyGIBRALTAR

"We need to nurture and support the private economy as much as we can", says Costa

By J C Culatto

The PANORAMA interview

With the Gibraltar Business Nurturing Scheme (GBNS) being launched this week by the minister of business and employment, here at Panorama we wanted to know more about a programme scheduled by last year's budget. We caught up with both the Gibraltar Federation of Small Businesses (GFSB) and the Chamber of Commerce as well as minister Neil Costa for a deeper look into a measure intended to aid start-ups and growing businesses on the Rock.

"Essentially it is a fund of £250,000 for the course of this financial year with its own board composed of one member of the GFSB, one member from the Chamber and an official from the Ministry of Employment," said Costa. "The entire purpose of this scheme is to assist in business nurturing and startups. Businesses that are not startups technically that may wish to expand but may not be able to access it in the current climate will be able to apply for funds up to £25,000."

Business demands

The minister for employment and business has been working closely with the two representative bodies to devise a criteria by which the board will decide the applications and the philosophy behind the measure. "It is sometimes very hard for small businesses to start operating and even when already established to grow with the absence of access to finance," he said. "Whereas it seems we are finally coming out of the recession and there seems to be greater access to finance but not as there was at pre-crisis levels, we think that the board is very much timely."

GFSB President Gemma Vasquez reminded the general public how difficult it was for start-ups to get access to finance: "It's something that we've been mentioning for quite a few years so it's very good that we finally have a scheme in place that assists people that are starting up or expanding."

Chamber of Commerce vice-chairman Edward Macquisten echoed that sentiment: "As everyone knows, borrowing facilities for small companies which constitute the largest majority of entities in Gibraltar have been increasingly difficult. We have been actively involved from when the scheme was first hatched in drafting up the selection and availability criteria for start-ups and companies extending their operations."

"If you have an idea for a business but you're struggling to get finance, we'd certainly encourage you to apply for one of these loans so you can get going as soon as possible."

More in our printed edition

10-04-15 PANORAMAdailyGIBRALTAR

A wonderful resource

April 10, 2015

Dear Sir,

I read with great interest the Press Release issued this week by the Deputy Chief Minister, Dr Joseph Garcia, on the commemorative events to mark the 75th anniversary of the evacuation of Gibraltarians during the Second World War.

Many years ago, my late grandmother, Aida Moreno, would tell me stories about the Evacuation and the dramatic, rough journey at sea on her way to the United Kingdom, accompanied by her son Jose Luis ("Pepe") aged just two, mother Magdalena and sisters Genelia and Teresa. Being a child meant I failed to process much of that information. At the time, stories of what happened forty or fifty years earlier appeared ancient and almost surreal; I failed to grasp the momentousness of my grandmother's experiences and indeed how recent it had all actually been. How I wish I'd have paid more attention to those tales of the hardship endured by so many Gibraltarian women, children, the elderly and infirm; of being away from home and loved ones; of the bombings; but also of the laughter and good times and togetherness, despite the dangers of the War around them.

Now, thanks to the excellent nationalarchives.gi website, I've been able to discover that my grandmother together with her son, mother and sisters, embarked on the 29th of July 1940, on the ship 'Belgravian', setting sail to the United Kingdom and leaving behind their beloved Gibraltar. This is a wonderful resource, particularly on the Evacuation, listing names, addresses, embarcation dates, destinations and other data. It helps to bring home the reality of those experiences which, as children, we might disregard and pay little attention to. That is why the statement this week by Dr Garcia is one to be commended. Not only is it right and proper to commemorate and honour the sacrifice made by the evacuees, but to ensure that our younger and future generations do not lose sight of the huge importance of what happened seventy-five years ago. For without the Evacuation and those hardships, which ultimately made our ancestors stronger and more united, the Gibraltar and Gibraltarians of today would be very, very different. Most of our evacuees are now sadly departed, but some - such as my then two-year-old Uncle Pepe - are still gladly with us. Alive or not, may God bless them all and may we never forget their sacrifices.

Yours sincerely,

Fabian Vinet

10-04-15 PANORAMAdailyGIBRALTAR

Eye Gaze computers for St Martin's School

April 10, 2015

The Saffron Rose 4 Rett Charitable Trust recently purchased Tobii Eye Gaze computers for St Martin's School. These machines allow children to communicate via the device using only their eyes, which are tracked on the screen.

The charity have now purchased My World: this package includes a series of devices including lights, fans and toys, which can be remotely activated via the Tobii, giving children for the very first time, the opportunity to interact directly with these items in the sensory room.

The implications for learning, as well as play, are therefore tremendous, and the school is very grateful for such a generous gift.

10-04-15 PANORAMAdailyGIBRALTAR

Hassans continues to top the ranks in Legal 500

April 10, 2015

Legal 500, one of the leading international legal directories which provides rankings of law firms based purely on client feedback, published their Europe, Middle East and Asia results this week.

Hassans continues to solely lead the field in Corporate and M&A, Investment Funds, Private Client, Technology, Media and Telecoms (TMT) and Tax and also remains in the top tier for Banking and Finance, Dispute Resolution and Real Estate.

Legal 500 commented on the Gibraltar market stating:

"Gibraltar has a strong reputation in the e-commerce sector, with many online gambling businesses choosing Gibraltar as their base. As a result, law firms are often involved in the e-money transactions and have been busy establishing Gibraltar as a centre for payment service providers. The country is also developing its investment funds industry, attracting business and expanding its financial services market. This growth shows no sign of slowing, with the Gibraltarian government announcing that it plans to introduce a Gibraltar International Bank and a Gibraltar Stock Exchange in 2015."

Valuable client feedback continued to feed the directory with resounding praise across the board for the Hassans' lawyers and teams, with some of the many highlights including quoting the Corporate and Commercial team as "absolutely first class" and that the Investment Funds team, "goes the extra mile".

The directory also highlights 22 of the firm's lawyers as recommended lawyers with 15 of those listed as leaders in their field. Partners Tim Garcia and Nicholas Howard, and Associates Ian Farrell and Anne Rose all joined the recommended lawyers list this year. Clients provided commentary on the firm's lawyers which included: "'fantastic to deal with", "user-friendly" and "first-rate".

Javier Chincotta, Managing Partner at Hassans, commented:

"The legal directories are important to all law firms globally as they are genuine indicators of how well we are doing in providing a service to our clients. Needless to say, we are extremely proud of our performance this year; we thank our clients for taking the time to provide the feedback on our service to them which has directly resulted in 22 of our lawyers specifically being recommended in their fields of work, and which is a huge achievement."

10-04-15 PANORAMAdailyGIBRALTAR

New Consultant Microbiology Service

April 10, 2015

The Gibraltar Health Authority has set up a new Specialist microbiology service, which will be delivered by Gibraltarian Consultant Microbiologist Dr Nicholas Cortes, who is based in Hampshire.

The service, which will take the form of remote advice to GHA doctors throughout the year, as well as regular local visits and training for staff, will provide a facility that has never before been available to Gibraltar. This will include guidance on clinical practices and expert advice on matters related to infection, something that is increasingly important with the emergence of germs that are resistant to antibiotics, and advice on specific patients and conditions. It will also include support in developing policies and protocols and in improving clinical governance.

Dr Nick Cortes has already started his work and has for example delivered training to GHA doctors on a variety of subjects including antibiotic resistance and Ebola. His advice is being regularly sought by clinicians and the service is already showing real benefits.

Minister for Health, Dr John Cortes (no relation), said: "This brand new service reflects the Government's commitment to improving healthcare. Nick's work is already proving of great benefit. It is a tremendously important part that Nick will play in our health service, which will support the work of our health professionals, and of course and most significantly, benefit our patients and users of our services."

10-04-15 PANORAMAdailyGIBRALTAR