20 May

Friends of Gibraltar end up in unfriendly act at Gibraltar House in London as the Marques puts his foot in it

May 20, 2015 | By Joe Garcia

The Friends of Gibraltar ended up in an unfriendly act at the Gibraltar House in London with, Dominique Searle, the newly appointed Special Representative of the Chief Minister saying he had not done what the Spanish-titled Marques had said he had.

Don Miguel Raphael Brufal de Melgarejo was once described in an English paper as someone who has many identities - He is a Spanish nobleman, the Marques of Lendinez, the hereditary Inquisitor of Cordoba, who claims to be a Gibraltarian because his grandmother was Gibral-tarian and he was born in Gibraltar.

He is otherwise known as Michael Brufal, who last week attended a talk in the government-owned Gibraltar House in London and evidently put his noble foot in it.

There he was at the talk by the exGovernor Sir Adrian Johns, engaging in an unfriendly act against the Gibraltar media as a whole because, for reasons best known to himself, he sent a copy of the exGovernor's speech only to the Chronicle which may have made some people wonder if Dominique Searle, the Special Representative of the Chief Minister was also the Special Representative of the Chronicle at great public expense.

That was not to be the case, as PANORAMA has been told.

We got the ball rolling by contacting the Director of Gibraltar House to express our displeasure at the deplorable, damaging and discriminatory behaviour emanating from Gibraltar House.

We told Albert Poggio: It is the kind of behaviour which I am sure you would not uphold.

Poggio was not present at the London event: "Had I been present this would not have happened," said an irate and upset Mr Poggio.

In fact he was in St Kitts out in the Caribbean accompanying the Commissioner of Police who was attending a police conference in such faraway

land.Poggio raised the matter with Searle who replied in an email: "I can state categorically that I have not sent the Chronicle or anyone else a speech by Adrian Johns a copy of which I have not had myself."

Enter the Marques, with everyone pointing the finger at him for having acted in the manner he did. Said Mr Poggio: "I can verify, having spoken to other members present, that it was not Dominique who reported but indeed, our old friend Michael Brufal." That's Brufal of Melgarejo fame, who was attending as a full member of the Friends."

Presumably the Marques must think that being a member, at £15 a year, he can do what he likes.

Said Searle: "I certainly did not ask him to send the piece either."

But the man from Melgarejo had made matters worse. In his report of what went on at the meeting, the nobleman wrote: "Dominique Searle, in the absence of Albert Poggio, welcomed members to the talk given by the Chairman, Vice Admiral Sir Adrian Johns..."

Searle lost no time in rejecting what Brufal had said. "I should say the report incorrectly states that I introduced the talk. Not so. I was in the audience."

And where was Brufal to claim that Searle had introduced the ex Governor?

In fact, we have established that someone called Tim introduced the exGovernor. How could the bungling Marques thought that Tim was Dominique?

In fact, who is Tim? Well, we have been investigating that as well and it transpires that the only person called Tim who belongs to the Friends of Gibraltar is Timothy Lawson-Cruttenden, the Hon Treasurer of the Friends of Gibraltar.

And the story doesn't end there. Hearing about the goings-on in the House that Gibraltar built, the Chief Minister enters the scene saying that "I entirely agree that it is unacceptable that one media should receive something that others do not if the Government is in any way, shape or form involved in the distribution. Our practice has consistently been to treat all media the same and to rectify when in error when we have not. This will not change in any way."

Last word for Mr Poggio: "I apologise for what appears to be an unfair advantage provided to the Chronicle through a member of the Friends and rest assured that this will not happen again."

20-05-15 PANORAMAdailyGIBRALTAR

Minister Bossano to address UN Special Committee of 24

May 20, 2015

Minister Joe Bossano has travelled to Managua, Nicaragua, to attend the 2015 Caribbean Regional Seminar of the United Nations Special Committee on decolonisation, also known as the Special Committee of 24 (C-24). The Seminar will run from 19 to 21 May and aims to accelerate action in the implementation of the Third International Decade for the Eradication of Colonialism (2011-2020).

The theme of the seminar is the "Implementation of the Third International Decade for the Eradication of Colonialism: the United Nations at 70: taking stock of the decolonisation agenda".

The contributions of the participants will serve as a basis for further consideration by the Special Committee at its substantive session, to be held in New York in June 2015, and subsequently transmitted to the UN General Assembly.

Minister Bossano will address the Special Committee seminar directly, on behalf of HM Government of Gibraltar, defending Gibraltar's right to self-determination and expressing Gibraltar's full commitment to decolonisation.

20-05-15 PANORAMAdailyGIBRALTAR

New Motorcycle Club

May 20, 2015

The new premises of the Gibraltar Motorcycle Club were recently inaugurated by Paul Balban in the presence of the Deputy Chief Minister, Dr Joseph Garcia and Minister Joe Bossano.

The old Motorcycle Club, located in Dudley Ward Way, was closed down after the major rock fall that occurred in November 2012, which, as a result, partly demolished the clubs roof and façade. A risk assessment carried out concluded that the building was deemed unsafe.

The Government subsequently gave a commitment that it would build new club premises and identified a new location near Governor's Cottage where an old, derelict, burnt down building was to be demolished. This has now become the site of the new club.

The new premises consist of a 2-storey building structure with an open terrace. It includes a workshop/garage area on its ground floor and bar and recreational facilities on its 1st floor.

Minister Balban said: "It was an honour to be called upon to open these new premises for the Gibraltar Motorcycle Club by the committee and members. The club is a truly modern facility which will provide a safe home for Gibraltar's motorcycle fraternity. Congratulations".

20-05-15 PANORAMAdailyGIBRALTAR

Road safety doesn't happen by accident!

May 20, 2015

There are hundreds of road accidents each year, some of which do not thankfully result in bigger tragedies, such as the fatal traffic accident at Devil's Tower Road last week that took the life of a young Gibraltarian… A tragedy that clearly underlines and always brings to the fore in peoples minds 'road safety as a priority'.

Although the exact cause of the loss of such a young life is yet to be determined, this is a point unrelated to this report. But the fact remains that it was an unfortunate 'fatal road accident' and will be recorded as such!

Government's Sustainable Traffic, Transport and Parking Plan (STTPP)

We are blessed on the Rock that road fatalities are way below the European average.

However, there's no doubt the Governments '10 year and beyond' Sustainable Traffic, Transport and Parking Plan (STTPP) does look on paper, as an impressive and professionally prepared looking document.

In this article, I intend to focus on the 'road safety' section of the plan where there are a number of proposals from a road safety perspective. There are a number of initiatives in the STTPP with the aim of delivering safer roads. This includes, things like installing speed cameras, campaigns to reduce the number unroadworthy vehicles drink driving and speed enforcement campaigns and referring drivers to speed awareness and driver improvement schemes… and a few more.

There are also other important road safety features contained in the STTPP relating to 'Safer Roads for Children and Young People' again with the aim of improving safety of Children and Young people. Something, which the strategy says, will be generally developed and delivered over the lifespan of the Plan.

Some Initial Concerns Regarding Government STTPP

As promising, well-prepared and ambitious as the plan appears to be, my general concern is three fold, 1… that 10 years and beyond sounds like an awfully long time, especially the beyond part. 2…there is no implementation or action plan included 3…how is the plan in general, not just on road safety, going to be monitored and updated as the need and the changing traffic environment requires?

This is not me being pessimistic or cynical. But from a position of experience I can say I was part of a similar important national Government plan/strategy that went horrible wrong and on an important social issue. An issue that still impacts directly and affects the lives of hundreds of families in Gibraltar. I am in fact referring to the last administration complete mess of their 'national drug strategy', which predictable ended up a complete failure.

Fundamentally, although the GSD drug strategy looked impressive on paper, it totally lacked an implementation plan, and also back up mechanism that would have kept the plan continuously alive, current and updated. But importantly, it lacked a programme to regularly monitor the strategy in line with the ever-growing change in drug trends.

The STTPP being a 'national strategy' should not be any different and should take note of the mistakes of the past!

In my opinion and again speaking from experience, if the Governments STTPP is to have any measure of success there must exist the following: A…uniformity of policy, B…reliable statistics and C…no conflicts of interest

Uniformity of regulations is a must for roads anywhere of the same geography in order to avoid confusion. Changing of the speed limits has to be approved on the basis of reliable data, which looks to be the case because of the background work conducted for the STTPP.

The question of signage is also important, signs must be installed in prominent places and has to be visible at all hours and maintained throughout the year. Traffic calming devices have to be in conformity to the local Highway Code and if amendments are necessary these have to be sanctioned through the proper channels.

Take traffic calming devices. I've seen several traffic calming devices installed, with good intention, but without the proper specifications or thought it seems. Traffic calming devices on their own are not sufficient to render road safe to all road users.

Need For Stats To Prove Traffic Problem - Foreign Drivers Treated Differently

You don't need statistics to evidence Gibraltar has a vehicle or related transport problem, but figures do speak for themselves. Amazingly some 28,000 motor vehicles are currently licensed on the Rock, nearly one car for every resident in Gibraltar. Close to 17,000 more cars than were licensed only four years ago in 2010. The majority are passenger vehicles. This means that the car population in Gibraltar has now grown practically on par with the size the population.

Another obvious and important related issue when it comes to density of vehicles on local roads is the frontier perspective, on average some 10,000 vehicles cross the frontier daily, including an average daily 30,000 people or pedestrians added to the growing list of local road users. Here, I want to highlight that Spanish or foreign drivers break as many traffic laws as local road users. Though visible, it can clearly be seen, that foreign drivers, for whatever reason, are not treated in the same way as the local road users when it comes to enforcement!

Road Safety Cannot Just Can't be a Slogan!

The list of road accidents, the number of defendants attending traffic courts and the daily display of appalling driving standards by some drivers, is a mere snap shot to what I believe is a bigger problem, some of which, does not thankfully result in far more serious tragedies, but it does underline road safety as a top priority!

The fact that an accident can cause long tailbacks of traffic across Gibraltar and potential traffic mismanagement, particularly if it occurs in the area or approaches to the frontier, highlights the importance and growing concern regarding the daily traffic problem.

Few people it seems are reluctant to abandon their private cars to use public transport, grab a bicycle, or use the trusted legs. Although to be fair, recently there does appear to be more bus users. However, this has not been noticeable if you compare the volume of traffic on our roads, which has increased immeasurably!

Driving Standards Down Traffic Conflict Issues Up!

With the increasing number of vehicles on local roads, which by all intends and purposes, appears to be growing by the day, and with more young people than ever taking to the roads and countless dozens more reaching driving age every year, traffic conflict issues are becoming a major issue for all of us, road users or otherwise!

There are no full proof indicators that road safety is getting any better, especially if one looks at the poor driving standards of some drivers in general and I certainly include foreign drivers who use the local road network!

I hope the STTPP road safety initiative improves the standard of driving and reduces traffic accidents, especially fatalities. There is a need for a more robust and consistent traffic programme of this nature and not the type that starts at 'warp speed nine' then dwindles away over a period of time, this a common Gibraltar trait!

Police Efforts Not Satisfied The Public!

To be fair, the RGP for some years have tried various initiatives of their own to improve road safety. In fact, they continue to monitor areas of Gibraltar where road traffic accidents occur, these efforts under the 'Operation Roadwatch Campaign'.

Disappointingly, the work by the police does not appear to have convinced the public, this if the recent GPA survey results are anything to go by. The survey revealed the public were not impressed regarding police performance when it came to traffic enforcement, 'asked whether they were satisfied how the RGP enforced local traffic laws' just 33% of the public said they were satisfied, compared with 46% in 2013.

Vehicles are indispensable in today's society. However, driving also involves a series of risks that can jeopardise the lives and property of persons, including the driver and other road users, in fact many people and many assets are at stake.

Obviously the public in general is always receptive to solutions, which will make their road journeys safer. This, if the safety measures are well thought out and technically sound, then success is practically assured.

Therefore all stakeholders concerned in the STTPP have to be actively involved to achieve the best practical solution and this includes the public!

20-05-15 PANORAMAdailyGIBRALTAR

Spanish Ground, Neutral Ground, British Ground

May 20, 2015 | By Joe Garcia

The Spanish Government has been using strong words about the "isthmus", which stretches all the way back to the foot of the Rock. They say that it is Spanish and accuse Britain of daylight robbery.

It was at the first. Anglo-Spanish talks over Gibraltar in 1966 that the question of the isthmus blew over the negotiating table with the force of a strong levanter wind.

Spain had been moaning about the frontier and the British retorted that they would be willing to demolish the frontier fence.

But what came later is what started it all: "This proposal is made without prejudice to the view of Her Majesty's Government that Great Britain has sovereignty over the whole territory of Gibraltar, which includes all the ground up to the frontier fence."

ASTONISHED

The Spanish blew their top. They said they were astonished and accused Britain of having claimed, there and then, the sovereignty of the isthmus. The Spanish words were... "literally for the first time the British Government states that Great Britain has sovereignty..." The episode shows that dialogue can some times- make matters worse and not better. To date, the isthmus is claimed separately by Spain to the rest of the Rock.

Then,and now, the British position remains the same as that manifested in a paper handed to the Spanish Ambassador at the Foreign Office in London on 21 July 1966:

"Her Majesty's Government do not accept that the ground between the Gibraltar frontier fence and the foot of the Rock is Spanish sovereign territory."

Continued from yesterday

NEUTRAL GROUND

The phrase "British Neutral Ground" was to be hammered in. The British went on: "At the time of the Treaty of Utrecht various fortifications to the North of the Rock in the area now known as the "British neutral ground" were already occupied by British troops and it seems clear that these fortifications at least were included in the cession of 1713." The British paper also said that "the whole of the territory has in any case been under exclusive British jurisdiction since at least 1838, by which time British sentries were established along the line of the present frontier fence.. The whole area has since that time been an integral part of Gibraltar and no valid distinction can now be drawn between it and the remainder of the colony." Apart from "occasional protests" concerned with specific issues such as the construction by Britain of permanent works on the ground, successive Spanish Governments have, in the British view, "demonstrated their acquiescence in these developments and forfeited any title which they may at one time have possessed to the area concerned.

The UK has also offered, and the Spanish have always refused, to take such legal matters to an international tribunal, such as the International Court of Justice. Instead, the use of coercion is preferred, damaging in the process the human relations between people on both sides of the frontier.

The Spanish have of course insisted that the isthmus is Spanish but curiously, in reply to the British paper, stated: "The Spanish Government also consider that the territory lying between the fence and the walls of Gibraltar may not be used for military purposes, on account of the neutral character of the territory." This shows that, at least, the Spanish accepted that the isthmus is "neutral" ground. That neutral ground extended to well beyond the present frontier fence, to where those tails blocks of flats have been built in La Linea, which was over the centuries the Spanish lines - La Linea.

In olden times the cession of a territory was accompanied by a neutral ground, in keeping with the range of the guns, as otherwise such a cession would not have been safe or useful.

MILITARY ASPECT

I said it was curious that Spain should remind Britain that the 'neutral ground' could not be used for military purposes- because the Spaniards themselves built military fortifications on their side of the neutral ground, some of which are still there today.

Going back to the past to try and put the present in some perspective, the Spanish argue that "the first violation" of Article X of Utrecht was when the Governor of Gibraltar "militarily occupied two old buildings, the Devil's Tower and a windmill near the Rock face "no sooner was the treaty of Utrecht signed."

The British responded to Spanish protests by that the buildings belonged to the fortress. Then in 1723, the British Minister in Madrid, Stanhope, told the Spanish Secretary of State Grimaldi that "when a town is yielded, there is tacitly yielded at the same time all the ground commanded by its artillery, since otherwise the cession would be of no use."

It was as long ago as 1729 at the time of the Treaty of Seville that the Spanish admit that there arose "for the first time" the idea that between the walls of Gibraltar and the Spanish fortifications there should be a neutral ground in the military sense.

FRONTIER FENCE

It was in August 1908 that the British Ambassador in Madrid, in a note verbale to the Spanish Ministry of State, communicated that the British Government had decided to construct a fence "along the British edge of the neutral territory at Gibraltar."

What was going on? The British said at the time that they were informing the Spanish about it as "an act of courtesy". Acknowledging the British note verbale, the Spanish Minister of State referred to "the proposed erection of a fence, not partaking of a military character along the British border of the neutral territory at Gibraltar." When work actually commenced, the Spanish made a protest complaining that it was being built "one or two metres in advance" of the line of British sentries.

Said the Governor of Algeciras in a letter to the Governor of Gibraltar: "I should not have called Your Excellency's attention were it not that such construction had gone beyond the present line of British sentries." The following year, the UK Foreign Secretary Sir Edward Grey wrote to the Spanish Ambassador in London that "it is perfectly clear from the information now communicated to Your Excellency that the fence which has been begun will be entirely built upon British territory…".

20-05-15 PANORAMAdailyGIBRALTAR