For once and for all; Will you or will you not?

We have been fortunate in Gibraltar, particularly at this point in time in our history, to have in our midst leaders who have shown to have the qualities and experience to be able to lead Gibraltar out of this muddled existence, which an unwanted Brexit has brought to our doorstep.

BRITISH WATERS

On the other hand, whilst it is true that in the UK Ministers and MPs are answerable to the Prime Minister, one has always looked to them for possible signs of their own initiative at work, instead of just toeing the party line in the matter of; without wanting to make a case “celebre” of this; our British Gibraltar Territorial Waters for example. We have been asking for years and years, for the UK Government to claim the twelve nautical miles which UNCLOS entitles us beyond our coastal state; even being aware as we were made aware, in November 2015, of the map that GBC should not have seen, but did, disclosing that part of the marina built in La Linea, was in British territorial waters. Surely this does not have to form part of any recriminations at this late stage.

After all the Spanish always said that Britain had built on their land. These are all things of the past, but now it’s time to look to the future. We need the firmest of decisions to be taken now, because we are turning over an immensely important chapter in the life of this nation of ours, and we cannot afford to enter it dragging this old chestnut!

In this Brexit moment, which Spain has been looking upon as the make or break of their aspirations over Gibraltar; I feel our Leaders should try and seize the chance to; not demand, because we are not in a position to do so; but very strongly put to the UK Government that this is the perfect opportunity. Such a move is not that new, particularly since the UK has made similar claims over her surrounding seas in the past; and in fact, so have the Spanish; and it would be seen as a significant political decision, which would end all the tiresome incursions with the consequent actions from the Royal Navy, and the dangerous manoeuvres taken by Spain in our waters, which one day will undoubtedly lead to a major incident; plus it would create a better understanding and cooperation between our mutual police forces.

WHY NOT?

So far, all we have heard from MPs and Ministers say, Mr. Liddington included, “we have chosen not to do this;” And the question is “why not?” Or “We have no plans at present to extend BGTW`s to 12 nautical miles, but we would retain the option to do so.” Surely this has to be the time to do so. The EU itself has said that it has no competence in disagreements with regards to Territorial waters between member states, so they present no obstacle in this matter.

If you recall, back in 2016, Mr, Liddington actually said that the UK was “confident” of their sovereignty over our waters. The word “confident” in this case, denotes “lack of certainty.” Such phrases have been and continue to be very damaging to our cause, because they create doubt, where there should be none. Heavens above, it was the contention of one of their own, Sr. Yturriaga, once head of the International Legal Department in the Spanish foreign ministry, who said in December of 2014, that there was a lack of juridical foundation in their denial of Gibraltar waters, because he said that according to the UN Convention of 1958 on territorial waters, the sovereignty of a state extends beyond its territory and its interior waters, to its territorial sea.

SAME PHRASES

In December last year, I said that researching Hansard could be soul destroying because you realize that politicians, even in different hats, keep churning up the same phrases. Its all very well to hear as in 2012, Tory MP Bob Stewart tell the Commons “may I gently remind the house that an illegal incursion into BGTW`S is actually, technically, an act of war;” or hear how Mr. Lidington shared this view once, saying it represented something more serious which he termed as “a deliberate attempt by Spain to show that its exercising jurisdictions within BGTW`S;” only to then have the matter revert to innocent passage, and useless notes verbale.

The treaty of Utrecht is totally irrelevant to the legal effect of the 1958 convention. Spain’s statements and declarations have no legal effect in altering our position which by virtue of the convention gives us the right. Since Britain voted to leave the EU there has been a 20% rise in illegal incursions. Surely a step in the right direction will only help strengthen the question of our security which Philip Hammond saw as fragile after the UK left the EU.

Fraud

Dennis MacShane, previous Minister for Europe was not the first and most probably will not be the last to fall from grace for expenses fraud; he made a lot of enemies because he was outspoken; but one of the things he said about us was, and I quote;”the fact remains that there can be no stable future for Gibraltar while the dispute with Spain continues and important issues remained unsolved.” The matter of our seas being one of them!

09-11-18 PANORAMAdailyGIBRALTAR