13 May

CAB heads Brussels meetings

May 13, 2015

A team from the Gibraltar Citizens Advice Bureau (GCAB), recently travelled to Brussels for a series of visits to the European Parliament and the European Commission and meetings with the European Citizens Advice Service ("ECAS").

The Gibraltar delegation included Pili Rodriguez (Manager GCAB & Chairperson of Citizens Advice International), Ivan Cruz, Joanna McGrail and Michael Podesta (Law Drafter, EU and International Department).

In Brussels they met with representatives of Citizens Advice International ("CAI"), and Assya Kavrakova, Director of ECAS followed by meetings with MEPs Jude-Kirkton-Darling (Labour - North East) and Claire Moody (Labour - South West and Gibraltar) of the Progressive Alliance of Socialists and Democrats.

The visit to the Belgian capital proved to be very fruitful both for the advancement of CAI and for networking with people who have interests and special focus on citizens advice services.

13-05-15 PANORAMAdailyGIBRALTAR

Even the Police are not safe in British Waters

May 13, 2015

Has the Governor lost his Voice?

It happens all year round, but particularly at this time of the year and as Panorama accurately predicted only a few weeks ago, when we warned of the increasing problem of incursions and the Spanish authorities taking executive action in BGTW was inevitable, especially in the run up to the 'tuna fishing season' which does not really start until next month.

The incident on Monday we understand may have been connected to 'tuna fishing' but as we are always led to believe by the continuous lack of action by FCO it was nothing out the ordinary.

A Guardia Civil Officer had apparently taken control of a local fishing boat in BGTW, the RGP arrived after the local occupants of the boat called them. Where the GC officer by his actions obstructed the RGP officer from boarding the local boat causing the minor injury to the officer, which could have been much worse. even fatal.

Clearly, in any other cause of events, or in any other type policing scenario the RGP would have made an arrest, at the very least, for obstructing police, apart from the other obvious offences disclosed by the GC vessel in BGTW.

However, either because of political expediency or policing irresponsibility nothing happened. Except for the police officer having to attend to the hospital for treatment! So even now with local enforcement officers receiving injuries, which could have been far more serious, it was nothing out of the ordinary.

And just as predictable as night-becomes-morning and like clockwork there followed the usual public outcry on Internet groups, news flashes in the media and the Government also reacting. Some people calling for yet another demonstration outside the Convent, which never really materialises! A few others were demanding for the introduction of the 12 mile territorial limit, when we cannot control or patrol 3 miles we have now and others demanding for more local enforcement/security vessels out at sea 24 hours a day, a justifiable request when there has never been so many official marine assets, but also few sightings of them, which again 'is nothing out of the ordinary'

The Government for their part considered Monday's incident totally unacceptable, particularly for the Guardia Civil to operate in waters which are not Spanish and over which they have no jurisdiction, even worse they criticised the part where the GC officer boarded the local vessel. The Government adding, they would be raising the matter with the United Kingdom. Which again is nothing out of the ordinary!

The Convent at time of preparing this report still remains in 'silent mode' even though yesterday there was a very early morning meeting between CBF and the Governor, I suspect waiting for a statement or instructions via the secure line to the FCO in London, no doubt? Is definitely nothing out the ordinary!

An Affront To The Fundamental Function of the Gibraltar Constitution!

The latest hostile encounter between the Gibraltar and Spanish Authorities in BGTW clearly signals one thing: that nothing at all has been achieved, agreed or implemented in an attempt to effectively tackle the various elements surrounding this sensitive sovereignty related problem which continues to develop into increasingly serious encounters between local and Spanish enforcement agencies.

What is clear from the latest incident is that now, even our own enforcement agencies are not safe in performing their primary duties in protecting the public and implementing the laws in BGTW. A situation that not only undermines the 'rule of law' but also the integrity of BGTW and an affront to the fundamental function of the Gibraltar Constitution.

Of course questions have to be asked, because the whole security and policing aspect to this problem is a totally a re-active scenario as opposed to a pro-active one. This I have said many times in countless previous reports.

We can apportion blame till the cows-come-home, but I ask, what the bloody-hell is going on? Because from a purely security perspective the situation is preposterously outrageous to say the least.

Visible and on a daily basis, everyone can now see the security of local waters is a really serious situation, and not to far away from a fatal incident waiting to happen. Incursions, GC vessels chasing local boats, illegal fishing, and Spanish warships challenging the Navy have all very much become the norm 'or nothing out the ordinary' in BGTW. Mainly because of the UK Government/FCO have a hopeless Gibraltar policy. Compounded locally, by the manner our own enforcement agencies fail to perform their own duties when asked of them.

Over a number of years the Spanish Government has effortlessly set about infiltrating their presence in local waters with astonishing ease, regularly exercising jurisdictional control. Yet the MOD and the FCO and our own troops have opted for a different less robust approach to counter these actions from our neighbour.

FCO and MOD Lack Strategic Analysis

The views of many observers who believe there is a lack of effective leadership and a scarcity of strategic analysis from both the FCO and MOD regarding the Gibraltar issue have in the past been highlighted. It's difficult to believe these two British institutions can effectively work in tandem with each other when they effectively have opposing missions in life.

I have also previously quoted from official UK documents that describe FCO/MOD official obligations. Under the 'UK's National security strategy and objectives', set out in 8 national security tasks. Task No 6 is the MOD's responsibility. It refers to a document regarding 'Overseas Territories'. Significantly, it includes the Ministry of Defence's contribution and how they will deliver that commitment to defend overseas territories like Gibraltar in support of Britain's National Security Strategy.

On the first page of the document named 'Overseas Territories The Ministry of Defence's Contribution' it says 'the MOD contribution to the Overseas Territories is expressed by means of its core Military Tasks, explaining it will:

"Defend the United Kingdom and its Overseas Territories… Providing security for the Nation and its Overseas Territories, safeguarding its citizens and their way of life remains the most important responsibility of Government and Defence."

Well I can tell the MOD that our way of life at the moment is not being safeguarded in any way shape or form. In fact, it is an abysmal security effort. Of course we are acutely aware that UK Government policies are behind it all and are ultimately to blame for these serious shortcomings. The latter is blatantly obvious but something needs to be done and soon.

Situation in Dangerous Diplomatic Incompetent Rut

Efforts so far in the twin pronged approach by the MOD and FCO has not worked at all. The situation is stuck in a dangerous diplomatic incompetent rut. After hundreds of useless paper protests, Spain has never once, given any assurances that incursions by Spanish vessels into BGTW will cease; in fact it's been quite the contrary.

Frankly, the people of Gibraltar are justified in their opinion that they are not effectively protected. Last year for instance as far as incursions went, there were over 1000 of these illegal Spanish incidents at sea.

But what are incursions these days? It seems, they hardly mean anything to London anymore or as I keep repeating 'nothing out the ordinary'.

No matter what amount of diplomatic tripe the people of Gibraltar are fed by the FCO and from here at the Convent, incursions certainly mean nothing to Madrid who continues to send their state vessels to hunt down local citizens as if our waters were already theirs.

Unfortunately we have to listen to repeated statements from the deluded lot at the FCO who continue to repeat, things like, 'that even though any Spanish incursions are a violation of sovereignty they do not create a threat to it'. A clear insult to our collective intelligence as a society, who are acutely aware that this is the FCO's excuse for not doing anything at all about it.

Little is Going to Change It Seems

But take it from me nothing is going to change. This summer once again, get use to seeing and reading about these incidents as they will continue and probably increase in intensity. Simple because of the lack of any decisive action from a Diplomatic and MOD perspective, but also I suspect, from our own civilian enforcement agencies.

As far as public demonstrations that have been called for are concerned, I hold little hope of the masses turning out in force. Particularly with the summer season upon us and the rush to get to the frontier and up the coast in double quick time, with the least possible hassle from our green uniformed friends at the frontier!

Has the Governor Lost His Voice?

This issue must now be taken directly to the UK Government. This is where our resident Governor comes into play. Frankly, I have seen and heard little from the Governor, which to put it mildly and in my best manners, has been disappointing!!!

The Governor has to prove to the people, he is a Governor of Gibraltar and not just the mouthpiece of the FCO. If the Governor prefers to align himself with Whitehall instead of his principal role he came to perform on the Rock, then as I have said before it's a question of sitting it out and wait for the next Governor to arrive.

In my opinion, what the Governor should have done yesterday out of his own volition is come out with a statement condemning yesterday's action by the Guardia Civil. No one as far as I know is stopping the Governor speaking his own mind and openly supporting the people of Gibraltar…or are they?

What the FCO cannot do is treat the people of Gibraltar as pawns in a chess game. A game they evidently do not know how to play with any skill or intelligence it seems.

Because this is no ordinary situation as those in London believe is the case!

13-05-15 PANORAMAdailyGIBRALTAR

Gibraltar's new electronic identity cards

May 13, 2015

The imminent launch of the Gibraltar Electronic Identity Card has been announced. This new e-ID Card is validated as a travel document which will be recognised at points of entry throughout the EEA, eliminating problems previously experienced by some carriers of the current Gibraltar ID cards at certain points of entry within EU Member States.

With its many enhanced security features, the e-ID Card will form the backbone of HM Government's e-Gov initiative and, once the e-ID Card has been widely issued, holders will have the security to access the many e-Gov services which are being planned. For example, in the near future, the new card provide the necessary security to enable card-holders to complete their tax returns on line.

The first e-ID cards will be issued at the end of June. During the switch-over, the new e-ID Cards will be issued without cost for a limited period of time but there may be a charge for the new card once the introductory period is over. This will help encourage a timely transition to the updated model, keeping parallel running to an absolute minimum, if possible.

The existing, laminated ID cards, will be phased out of use over the course of this year.

Chief Minister, Fabian Picardo, said: "This is a hugely exciting project which we set out in our manifesto at the last election. I asked Paul Balban to assist me in delivering this project given the relationship and the expertise he and his department developed in the roll out of the new EU format driving licences. He has done a magnificent job, ably assisted by the excellent team of civil servants from the immigration, transport and IT departments of the Government to deliver an excellent new ID card which our people will be proud to show-off as a state of the art product with the latest and most avant-garde security features. The problems experienced by travellers using their ID cards should as a result be a thing of the past! Our thanks also go to the team at the Home Office who have assisted us in communicating the format of the new ID card to all member states and who have advised on how best to roll-out the new cards and to Mulbhauer, the company delivering the product in conjunction with us."

Minister Balban has just returned from Copenhagen where he delivered a presentation on Gibraltar's improved e-ID Card to 'The Passports & High Security Printers' meeting, which focused on security aspects of passports, ID Documents, currency and the world of fraud and counterfeiting. All presentations had been carefully selected by a committee of experts and gave Gibraltar the chance to be involved in discussions of the latest trends in the ID world.

He said: "The updated Electronic Identity Card will simplify the holder's use of Government services, both on and offline. The e-ID will be immediately valid for travel within EEA Member States and will provide holders with added advantages which may include free access to Public Parking, free access to Public Transport, access to future e-Government services, and many other initiatives that are currently being planned. Our present ID Card has served us well since 1995 when the current version was introduced as an EU travel document but now needs to be brought in line with modern technology including the enhancement of its security features to the most sophisticated available within the world. All in all, we present Gibraltar with an identity card we can all be proud of."

13-05-15 PANORAMAdailyGIBRALTAR

Minister at High Level Meetings in Geneva

May 13, 2015

Minister for Environment and Climate Change, Dr John Cortes has just returned from high level meetings in Geneva, Switzerland. He was accompanied by Prof Daniella Tilbury, who will shortly take up the post of Vice Chancellor of the University of Gibraltar, in her current role as adviser to the UN on Sustainability. The visit follows on from last year's workshop on Sustainability organised in Gibraltar by Prof Tilbury and the Department of the Environment.

The meetings served to strengthen Gibraltar's international links and credentials. Dr Cortes showcased the huge progress made in environmental governance in Gibraltar over the last three years. He also explained plans for future greening of Gibraltar including cleaner power generation, nature conservation and waste disposal. There was a great deal of support for and interest in Gibraltar from all the different institutions, with future collaboration and participation in initiatives being discussed and planned.

He stated, "It was a hugely successful and motivating visit. The reception that Gibraltar received from both the UN Agencies and the IUCN was tremendous. I was very proud that these entities, the top in the world in Environment and Sustainability, were already informed of the work we are doing here. I was most encouraged. We are now planning a number of initiatives which will benefit Gibraltar and its international standing further. It's given me a great boost of energy to continue on this journey."

13-05-15 PANORAMAdailyGIBRALTAR

We cannot take comfort alone from a Constitutional Rule of Law framework

May 13, 2015

by FELIX ALVAREZ, of the Equality Rights Group

We can't sit back and expect progress from the top-down. It's just not going to happen long term. The top is primarily invested in stability and conservation. We cannot take comfort alone from a Constitutional Rule of Law framework, such as we have it at this stage in our development in Gibraltar. Strictly speaking, Rule of Law depends on just 3 elements: the separation of powers between an independent Administration, an independent Judiciary, and an independent Legislature.

Yet we can all look around the world and see how the model does not necessarily deliver Democracy. Dictators and tyrannies have often emulated the flat studio-set version of Rule of Law to satisfy the requirements.

No, it takes Civil Society to be brought into the equation for Rule of Law to deliver Democracy. For Power to be held accountable.

Which is why it is so important to foster, to encourage, to inspire and develop civil society. An idea, let me add, that will not necessarily find political favour, in the same way that proposals for proportional representation does not. But the way out of dependence is to foster independent thinking. And we at ERG are committed to that.

We take this aspect of our role in Gibraltar very seriously. We constantly scan and keep an eye out on developments within our community. We remain in touch with people across our society.

We know for a fact that social entrepreneurship is alive and kicking. But we have also been active for many years. And we have learnt lessons from our own experience. We know just how hard it is when the product and issues you are putting forward may go against the grain. When your 'sell' cannot be a 'soft sell'.

One thing is to advocate in support of children or cancer - both very worthy in their own right - and obtain ready acceptance and funding from major philanthropists locally, and another is to face a long, hard struggle even in having your voice listened to due to the fact the work and the issues you deal with do not find immediate popular empathy. We know, we've been there.

And it's why our role, as we see it, is to attend to those areas of civil society work in Gibraltar which others may all too readily overlook. And, as you will see today from our line-up, the results can be surprising. The overlooked come from right across the board. But if we are committed to a balanced, objective and just approach to our work, we apply our rationale of fairness and justice right throughout the Gibraltar spectrum.

13-05-15 PANORAMAdailyGIBRALTAR