SPAIN has capitulated on Gibraltar and is set to surrender the Rock for a second time, according to a former Spanish foreign minister.
José Manuel García-Margallo said a last-minute Brexit deal between Madrid and London was "nonsense and very difficult to implement in practice". And in a blistering attack on the socialist government of Pedro Sanchez, he warned his country had shown a lack of "national will" and was in danger of becoming a "foreign irrelevance".
Mr Margallo said the agreements were sold as "a diplomatic victory" by Madrid but had in fact represented the resignation of all Spanish interests on Gibraltar.
Mr. Picardo stated "We seek normality and the positive relationship of corporation going forward."
A former Spanish foreign minister says Spain has surrendered on Gibraltar
"Last Thursday started with Chief Minister Fabian Picardo’s “In my Opinion” piece (The strongest relationship), which read like an April Fool, until the realisation hit that he was being serious. It is a ‘cover my behind’ statement for two opposing possibilities: that of a UK-EU Brexit agreement engaging Gibraltar being seen by many here as pro-Spanish, whilst protecting himself against the chance and consequences of no agreement being reached. A politician’s perfect spin to safeguard himself on either divergent viewpoint coming about.
In addition, it is written in language, which is flattering of the Foreign Commonwealth and Development Office (FCDO) and the Foreign Secretary, Mr Dominic Raab, himself. He makes statements, which, aside from showing how self-conscious he is, deny every pronouncement that the Chief Minister (or anyone) has ever made about self-determination.
Mr Picardo’s piece reads like an application for a knighthood or, perhaps, a seat in the House of Lords. Mr Raab and the FCDO must be nothing but pleasantly complimented by, and pleased with, our Chief Minister.
EXPRESSIONS OF CONCERN.
However, Mr Picardo’s opinion piece indicates a double concern.
Concern, on the one hand, that any agreement reached by the UK with the EU (read Spain) over Gibraltar will include the reality that it will forge closer links with Spain/EU, with the added worry being that, by necessity, it will create, and is already being seen by many as creating, a gap between us and the UK.
Alternatively, concern that a breakdown in the UK-EU(Spain) negotiations may lead to failure to arrive at a treaty.
However, that said, a treaty is currently the more likely outcome, from a reading of statements made over the last few days.
BOTH SITUATIONS NEED PEOPLE TO BE REASSURED OF GIBRALTAR’S UK LINK.
In both these scenarios, it is important, not to say crucial, for Mr Picardo to sell and emphasise the UK /Gibraltar relationship and connection.
In the first place, to convince, us and Spain, that the UK-Gibraltar link remains as strong as ever it will be, and that Spain has made no inroads. Further, that nothing that will be agreed, will erode this.
In the latter, to reassure us, and warn Spain, that the UK is there to support and sustain us should our public finances and economy be weakened (but presumably, not at levels that will allow for hugely favourable rewards in Gibraltar, when compared to UK public sector pay and the UK generally).
DEFENCE CONSIDERATIONS.
What is the motivation for the UK? Possibly, aside from the undoubted loyalty to Gibraltar:
(a) the maintenance of a much-needed Defence facility, as has been underlined in the last few days, by the announcement that a naval ship will be permanently based here.
(b) Foreign policy and Defence policy being aligned, in manner to suit progressive intentions with the EU/Spain; whilst
(c) allowing for the use of Gibraltar as a military forward base, at the least cost to the UK that is possible.
ARE THERE DOUBTS OVER THE STRENGTH OF THE LINK WITH THE UK?
Much of the above is seen by Mr Picardo’s insistence that Mr Raab’s visit was “… to celebrate the strength of the relationship between our respective governments”, and that “… it is remarkable to note that the Foreign Secretary was accompanied by the Minister for Europe and the Americas, Wendy Morton.”
Who has doubted that strength? Why the need for this self-conscious defensiveness, especially, if, as Mr Picardo emphasises, there is no fear of being let down? Mr Picardo, constantly, makes a huge effort and goes all the way to convince us that no one should be afraid of that happening.
30 MINUTES OF FACE TO FACE DISCUSSION!
Yes, as Mr Picardo writes, a Foreign Secretary can so easily, and without excuse, avoid a visit to Gibraltar, but he did not! We are grateful, and aware of the significance, despite the flying nature of the visit.
Over and above his arrival “on time”, and his attendance at the joint Ministerial Council, chaired by Mr Picardo, he gave all of “… half an hour of face-to-face discussions” to Mr Picardo and the Deputy Chief Minister, Mr Joseph Garcia. Wow! He arrived on time and gave them all of 30 minutes!
It is remarkable to see Mr Picardo expressing such appreciation to our colonial masters. I thought he did not believe we had such masters.
SUPPORT AND SUSTAIN.
There we go, Mr Picardo also indicates that the UK will give Gibraltar long-term support, pointing:
(a) to the UK having already given guaranteed financial services access to the UK; and
(b) our inclusion in new UK trade deals (of huge importance, considering the massive trade Gibraltar has with the rest of the world!).
CERTAINTY OF AGREEMENT.
Additionally, Mr Picardo reassures us that “we are getting real bandwidth in order to plan our negotiation in the best way to deliver a UK/EU Treaty on Gibraltar that works on all sides.” “And we have a team at the Foreign Commonwealth and Development Office which is working with us to deliver a treaty that will make us the only British territory with a fluidity agreement with the European Union.”
These two statements predict certainty of agreement. These, taken together with, Mr Raab’s comments that agreement is virtually there, and the confidence that Mr Raab preaches that a treaty will come about by the 30th June (a rare event: imposing a deadline to agree in international treaty negotiations), hints at the probability that large swathes of agreement may have been reached already.
So, is there something he knows that we do not? Mr Picardo, at the general election, you championed a policy of being open and transparent, where is that? Cut the spin, anda! Or are you not in the inner circle, despite your pretence otherwise?
NOTE: As published in the Gibraltar Chronicle on 7th April 2021."
The U.K. government is recruiting an external adviser to identify new opportunities created by Britain’s split from the European Union, as Prime Minister Boris Johnson seeks to prove the value of Brexit.
Gibraltar waits on EU to determine post-Brexit future with Schengen deal set to expire
Last December, just hours before Brexit came into full force, the UK struck a deal with the European Union to keep Gibraltar in the bloc's borderless Schengen area.
That agreement, however, was provisional and now, nearly six months later, it is set to expire by the end of June.
Part of the agreement had aimed to bring down the fence separating Spain from Gibraltar.
Under the deal, Gibraltar, Spain and Frontex would be in charge of the double border control, which would be at the port and the airport.
An extension to the agreement is likely...
A review was still underway before the "next steps" in determining Gibraltar's fate could be decided.
Part of the agreement had aimed to bring down the fence separating Spain from Gibraltar.
BREXIT NEWS: Spain, Gibraltar and UK reach tax residency agreement
Brexit has triggered a review of how Spain, Gibraltar and the UK work together in establishing tax residence and tackling tax avoidance.
The provisions in the latest agreement will take effect from the start of the next tax year, so on 1 July 2021 in Gibraltar and 1 January 2022 in Spain, writes Jason Porter, director at Blevins Franks.
It addresses:
•Tax co-operation between the authorities in Spain and Gibraltar;
•Tax residence criteria for people and companies; and,
•A specific procedure for administrative cooperation.
Exports of fruit and vegetables from the Mediterranean country to Britain shot up by six percent in the first quarter, compared to the same period in 2020. The value of the Spanish produce imported into the UK reached €675million (£580million) from January to April. This data released by the Customs and Excise Department of the Spanish Tax Authority suggests Spanish exporters continue to look to the UK market after Britons opted to cut ties with EU member states.
Post-Brexit, the country remains Spain's third-biggest buyer of fruit and veg, according to FEPEX, the Spanish Federation of Associations of Producers of Exporters of Fruits, Vegetables, Flowers and Live Plants.
Conflict between Spain and Morocco endangers the return of more than 12,600 seasonal workers
The workers' return should have started on Monday, according to the phased return plan presented by the main Huelva cooperatives to the Moroccan authorities. Morocco has kept its borders closed since March of last year so the seasonal workers can't go back to their country without their government's authorization; a fact that worries Interfresa, Freshuelva, and UPA, the three agricultural organizations that coordinate the hiring of temporary workers.
Strawberry businessmen had planned to charter two boats a week during the first two weeks of June and a third boat starting the third week of the month. Nearly 800 women would travel on each ferry and the return would be concluded in mid-July. The system is similar to the one used between December and March to bring the almost 13,000 workers from Morocco to Spain.
Meanwhile COAG (Farmers and Ranchers Organization in Andalusia) weighs in on Spanish-Moroccan agricultural trade.
We hope that Spain and Europe come to their senses and do not succomb to Moroccan Blackmail, referring to the EU preferential treatment of Morocco.
There are contradictions in the air, both about work continuing to reach an EU treaty over Gibraltar, and on the inaccurate assertion that the Gibraltar Government has constitutional responsibility for immigration, which, apparently, is relevant in the eventuality of no EU treaty being agreed.
On the first, EU delay to the start of negotiations is the order of the day, despite boasts that “work continues constructively”.
On the second the position is not as clear as is asserted. The Governor has certain constitutional responsibilities, and over which inroads may have been made by successive Governors signing off laws passed in Parliament, in contravention of the constitutionally allocated powers.
NEGOTIATIONS AWAIT AN EU MANDATE.
The Deputy Chief Minister, Joseph Garcia, is reported as saying, about frontier arrangements with the EU following Brexit, that, “Work continues constructively for an agreement and plans are made, at the same time to cover the possibility of no agreement.” He said that in the context of the visit by the UK Home Office Border Force.
That Force is here to advise on arrangements for frontier management, were there to be no deal with the EU concerning Gibraltar.
Mr. Garcia’s statement is sharply contradicted by the stark fact that no EU negotiating mandate over Gibraltar is yet forthcoming. That is the position, despite promises, last month, that it was imminent.
The result is that negotiations cannot commence yet; without negotiations there can be little ‘work’. The position is worsened in the context that the UK-Gibraltar negotiating mandate was published two months ago.
So, which is it? Does ‘work’, as Mr. Garcia say, continue, whilst we are in an impasse that does not allow negotiations to start? If so, who is involved in that ‘work’?
SMOOTH FRONTIER?
It seems that the reality, right now, is that we are stuck in an impasse, simply waiting for the EU to progress matters.
In the meantime, we all live in the hope that bridging measures will be ongoing until negotiations with the EU start. Again, there does not seem to be any official confirmation indicating that will be so.
Signs on the ground are that everything does not run smoothly at the frontier. There are many being asked to show their passports, which are stamped. The consequent queues and delays are obvious.
Is that a signal of what is likely to be a small element of what may come if no deal is reached, or if interim measures are not continued?
IMMIGRATION- A RESPONSIBILITY SHARED WITH THE GOVERNOR.
Our government is, of course, responsible for legislating on and the day to day running of immigration controls. Daily management is through the work of the Borders & Coastguard Agency.
However, to say that the government has constitutional responsibility to do so, ignores that it is split. Elements of this responsibility constitutionally remain and lie with the Governor.
Internal security matters are retained by the Governor, as are external affairs. Accordingly, to the extent that either of those are engaged in any immigration issue, the responsibility for them lies with the Governor, not the government.
That includes the power to legislate, subject to the Chief Minister being unwilling to promote the necessary laws in Parliament, and to the Governor having the approval of the Secretary of State for Foreign, Commonwealth and Development Affairs.
INROADS INTO GOVERNOR’S RESPONSIBILITIES?
It is peculiar that the Chief Minister, and not the office of Governor, in some of our laws, has been given the power to act in matters that engage the constitutional role and powers of the office of Governor, for example internal security. Internal security is in the constitutional remit of the office of the Governor.
Why then do Governors sign off on some laws giving executive powers to the Chief Minister on a matter of internal security. Should these not be retained by the office of Governor? Doing so, chips away into the constitutional role of the office of Governor, in contravention of the Constitution.
How much erosion of the clear division of powers between the Governor and Parliament is there in Gibraltar’s laws, following ‘sign off’ of acts of Parliament by Governors? Signing by a Governor of such Acts needs careful consideration. It should be done within the bounds prescribed by the Constitution if the separate roles of each part of the Executive is to be maintained.
The position in Gibraltar cannot be compared with that of Her Majesty in the UK. The Governor has certain constitutional responsibilities and obligations to consider and maintain.
THE CONSTITUTION NEEDS RESPECT.
The Constitution is an umbrella law that defines how we are governed. Disrespect for it, or its erosion, should not be tolerated by any party. If constitutional progress is wanted, then it should be achieved through discussion and amendment. A slow transfer of any powers through neglect or submission should not be allowed to happen.
UN reminded of Gibraltar’s right to self-determination, as UK acknowledges Spain’s ‘pragmatism’ on Rock’s post-Brexit future
14th June 2021
Prime Minister Boris Johnson thanked his Spanish counterpart, Pedro Sanchez, on Monday for Spain’s “pragmatic approach” ahead of talks on a UK/EU treaty for the Rock’s future relations with the bloc.
The two men met in Brussels on the sidelines of a NATO Summit and discussed Gibraltar during a wide-ranging bilateral meeting that touched on everything from the environment and sustainable development to Covid-19 and defence matters.
The meeting came just hours before the annual session of the UN decolonisation committee, the Committee of 24, during which Gibraltar’s representative in the US, David Liston, said citizens in Gibraltar and the Campo de Gibraltar would “benefit enormously” if the UK and the EU reached a deal for the Rock’s post-Brexit relations with the bloc.
During the session in New York, Mr Liston described how the Covid-19 pandemic had “fostered close cooperation” between Gibraltar and Spain, adding that after Brexit, the focus was now on securing an enduring framework for cross-border relations.
In doing so, however, he reminded the UN that Gibraltarians were “a unique population” that had the right to determine their own future, urging the committee’s members to visit the Rock and see that for themselves.
The committee is usually addressed in person by the Chief Minister, who travels twice every year to New York to set out Gibraltar’s position before the UN.
But the restrictions of Covid-19 meant that this year, the committee was addressed by Mr Liston, who is based in New York and whose grandparents, Edward and Mary Guerrero, were born in Gibraltar but emigrated to the US in the 1920s.
Ahead of the speech at the UN, the UK Government said Mr Johnson and Mr Sanchez had discussed their “shared commitment to deepening the already strong” UK-Spain bilateral relationship across “a huge range of issues” including trade, defence and security. They also said they would continue to work together to tackle Covid.
“They agreed that the political agreement on Gibraltar, reached on 31st December, provided a framework for a future agreement with the EU and the Prime Minister thanked Prime Minister Sanchez for his pragmatic approach on this issue,” the UK Government said in a statement.
“The leaders also agreed that the UK and Spain both have a role to play in bringing prosperity to the whole region.”
GIB INVOLVED
Negotiations between the UK and the EU have yet to commence, with the European Commission still working on the bloc’s negotiating mandate for the talks despite initial hopes that the deal would be concluded by the end of June.
The European Commission has not made any statement as to the reasons for the delay, which comes against the backdrop of strained relations between the UK and the EU on the implementation of the Northern Ireland protocol.
That issue was raised too during the UK/Spain meeting yesterday, with Mr Johnson telling Mr Sanchez that “a constructive way forward needs to be found which preserves both the Belfast (Good Friday) Agreement and the territorial integrity of the UK”.
Mr Sanchez was the first to reveal the talks with the UK, stating on Twitter: “This morning I met with the UK PM, @BorisJohnson. We discussed the need to further strengthen bilateral relations, enhancing areas such as security and defence, and to promote the agreement between Spain and the UK on Gibraltar.”
In Gibraltar, the Gibraltar Government said Chief Minister Fabian Picardo and Deputy Chief Minister Dr Joseph Garcia had been aware of the UK/Spain meeting and had worked with officials from the Foreign, Commonwealth and Development Office to prepare a common position should Gibraltar be raised.
“The meeting covered a number of different areas in relations between the UK and Spain and other international issues,” No.6 Convent Place said, adding: “It was not specifically about Gibraltar.”
“The issue of the ongoing preparations for the negotiation of the UK / EU Treaty on Gibraltar was, however, expected to be raised by both sides in an encouraging positive spirit of optimism, reflecting on the ongoing preparatory work being undertaken by all parties to the upcoming negotiation once the EU mandate therefor has been settled.”
Mr Picardo added: “I am happy that Gibraltar was raised in keeping with our expectations and the work we have been doing, to point optimistically towards the negotiation to come between the UK and the EU to deliver on the New Year's Eve Framework Agreement.”
UN SESSION
During his address to the Committee of 24, Mr Liston sketched out Brexit developments relating to Gibraltar, which left the European Union alongside the UK on December 31, 2020.
He described the tax treaty and the framework agreement reached for a UK/EU treaty on Gibraltar’s future relationship with the EU, and how it built on earlier cooperation in areas such as tobacco, the environment, law enforcement cooperation and citizens’ rights.
“These symbols of cooperation have helped reduce the understandable mistrust that has built up for decades between Gibraltar and Spain,” Mr Liston said.
“The Government of Gibraltar very much hopes that a new treaty can now be concluded.”
Mr Liston reminded the committee of Gibraltar’s economic contribution to the Campo.
He said some 15,000 people in the Campo – mostly Spanish citizens – worked in Gibraltar, which also imported $1.8 billion worth of goods from Spain annually and accounted for 20% of the neighbouring region’s GDP.
“The interests of citizens and business on both sides of the border would benefit enormously from the security provided by a new treaty,” Mr Liston said.
“They would also benefit from a fluid border [and] this would sow the seeds for an area of even greater prosperity on both sides.”
There was no update for the committee, however, on the progress toward that treaty.
As is common in every annual speech to the UN, Mr Liston underscored the right of the Gibraltarians to decide their own future.
He described the origins of Gibraltar’s modern community and said the Gibraltarians had been “…shaped by more than three hundred years of existence into the thriving and modern country of today.”
“Our ancestors have inhabited the famous Rock of Gibraltar before the United States, Italy or Germany existed as nation states,” he said.
“We are a combination of different identities and nationalities who have been moulded through time into the Gibraltarian of today, a unique and indivisible people in our own right.”
Mr Liston said this “melting pot” of people’s and cultures had evolved into a unique identity transformed by the inward movement of people into Gibraltar, a characteristic chared with many members of the UN.
“We are a people separate and distinct – ethnically and culturally – from the administering power,” he said.
“A people that, despite its diverse origins, has lived harmoniously for hundreds of years in a country that is barely twice the size of Central Park.”
“And all we ask, madame chairman, is for the opportunity to exercise the right to self-determination, like many of the countries represented here today have done before us.”
And he later added: “In the times in which we live there can be no other way.”
“This is no longer 1704 or 1713. This is 2021 and today what matters are the wishes of people to decide their own destiny in the international order.”
“We cannot redraw the boundaries of the world based on what Europe looked like 300 years ago. What’s done is done.”
“We need to look forward into a future where dialogue and cooperation replace conflict and confrontation.”
Mr Liston repeated Gibraltar’s long-standing invitation to the Committee of 24 to send a fact-finding mission to the Rock, an offer the UN has so far never taken up.
“Come to learn more about this new situation at first hand,” he said.
“Speak with the people whose protection is the sacred duty of this Committee. Learn about our legitimate aspirations to determine our own future.”
“I urge you once again, as prior delegations from Gibraltar have urged you year after year, to send a visiting mission.”
“More than any words I utter here today, your meeting the people of Gibraltar will convey the character of a unique people, a people who cherish the right of self-determination, who treasure their separate and distinct identity, and who love the land they have called home for over 300 years.”
SPANISH SUBMISSION
There were few surprises in the Spanish submission to the Committee of 24, which was delivered by Madrid’s Permanent Representative to the UN, Agustín Santos Maraver.
But there was a telling absence too of the some of the acidic rhetoric aimed at Gibraltar of submissions in previous years.
In addressing the committee, Mr Santos outlined Spain’s traditional position on sovereignty, sketching out a snapshot of Gibraltar’s history through the prism of Madrid’s view on territorial integrity.
The UK, he said, was failing to abide by UN resolutions calling for a “negotiated decolonisaton” of the Rock, not just what was ceded under the Treaty of Utrecht but the “illegally occupied” isthmus too.
“What Spain is asking for is the full compliance of what the UN has stated, to start negotiations with the UK with a view to ending thus colonial situation,” he said.
“And today we reiterate that once again.”
But while the Spanish position on sovereignty remained unchanged, there was no attack on Gibraltar in issues such as tobacco and tax, as has occurred in other years.
Instead Mr Santos acknowledged efforts to find agreement on practical issues of contention, including the Memorandums of Understanding reached during the Brexit Withdrawal Agreement “which remain in force and which we hope will contribute to improving relations in the region”.
He also referred to the New Year’s Eve framework agreement which he said would serve as the foundation for a future agreement between the UK and EU on Gibraltar.
“The aim of that agreement is the creation of a zone of shared prosperity,” he said.
Something that comes through from the Chief Minister, Fabian Picardo’s, address to Club Siglo XXI is that he is dancing to a tune from an admitted position of the economic necessity of Gibraltar, with the selling point being the benefit to the immediate hinterland.
Whatever the tune he dances to is, we must support and encourage him to pursue it to success, in the form of an EU-UK treaty benefitting Gibraltar and the Campo de Gibraltar (“Campo”).
The likelihood is that his dance is a ‘paso doble’ and not a lonely flamenco, as is indicated by his persistence on seeking dialogue and respect to achieve “mutual progress and prosperity”, not just for Gibraltar, but considering the knock-on benefit that Gibraltar prospering will have for the Campo.
A DYNAMIC FUTURE WITH NO SOVEREIGNTY COMPLICATIONS
Mr. Picardo advocates that UK-EU talks should result in a dynamic future for Gibraltar and the Campo, after Brexit, following on from close and cooperative dialogue between the UK and Spain, whilst respecting the long-held position of both sides on the issue of sovereignty.
He said as much in terms that Gibraltar “aspires to be an even more dynamic economic engine for the mutual benefit of all the inhabitants of the Campo de Gibraltar and Gibraltar itself.” It will lead, he added to “A decade of growth and job creation, a decade of investment in infrastructure and in policies of understanding,”
BUT ARE SOVEREIGNTY ELEMENTS NOT INEVITABLE?
Undoubtedly the framework agreement, in its expressed intention to emulate the Schengen Agreement for application in Gibraltar, and its desire to achieve agreement on freedom of movement of goods, both will result in some sovereignty being given up.
In the case of the UK those sovereignty compromises were considered unacceptable, as evidenced by the vote in the Brexit referendum. The UK has left the EU to regain full sovereignty over its affairs, wresting it back from Brussels.
The principles in the framework agreement evidence a good and acceptable position for Mr Picardo and the GSLP to adopt, but it is what it is. A treaty still needs to be negotiated between the U.K. and the EU. The final decision of each of us about any treaty needs to wait on its negotiation and publication.
One concern is that Mr. Picardo does not define what, for the GSLP, the boundaries of that sovereignty are, which he promises to defend. He simply uses the stock phrase that ‘red lines’ on sovereignty should be respected, including Spain’s claim to Gibraltar.
WHAT ‘RED LINES’?
But what are these red lines, Mr Picardo? Will your diplomatic speeches on the subject of Spain allow for these to be defended, if the UK agrees within what it considers to be Gibraltar’s appropriate parameters, as outlined in your public pronouncements?
When, if ever, does cooperation and agreement with the EU, supervised by Spain, become joint sovereignty? That is one aspect where great care is needed.
If Gibraltar’s judgment is that the proposed treaty oversteps the mark, then the reaction may be overwhelmingly against it. An occurrence that must be avoided by Spain and the EU at all costs, if indeed there is EU support for the framework agreement. All that will only be seen when the EU negotiating mandate is made public.
DIALOGUE ALWAYS SUPPORTED?
Mr. Picardo now claims that “Gibraltar has always been a strong advocate of dialogue”. Really? He forgets the huge past resistance of the GSLP to even allow the UK to hold talks with Spain over Gibraltar.
A position from which the GSLP have, thankfully, moved forward in the right direction. Thus allowing Mr. Picardo to pursue the current negotiation.
WILL THE DESIRED TREATY RESOLVE THE DISPUTE?
He goes on to say that the effort is to “try to settle disputes with reason and not with headlines.” Where is that attempt, when he advocates that both sides reserve their respective entrenched position on sovereignty? Is that not the very dispute?
Any treaty that does not resolve the issue of sovereignty is simply defining a modus vivendi and not any form of resolution. He himself admits that, saying, that dialogue is essential for coexistence and living together: coexistence and living together but not resolving the dispute.
The situation is the same as the married couple who eternally live together, enjoying polite and respectful conversation, despite the irretrievable breakdown of their marriage. In time the breakdown is resolved, or the marriage dissolved.
Let us all hope, over time, that is not the destiny of any UK-EU treaty over Gibraltar that may soon come about.
PICARDO’S OPTIMISM IS WELCOME
In the meantime, let us welcome and work with Mr. Picardo’s optimism, illustrated by his statement that “The combination of the human and natural resources of the area and the entrepreneurial spirit of the ‘Llanitos’ and ‘Campogibraltarenos’ present us with the potential for future growth, more wealth and that ‘shared prosperity’ of which we have spoken so much.”
The question is whether the promise of wealth and prosperity will trump the desire of each side, in the treaty negotiations and beyond, to defend or advance their respective nationalistic and political ambitions in the sphere of sovereignty.
Further whether the UK Ambassador’s goal of “confidence, certainty and enduring stability” can be achieved for Gibraltar and its immediate proximity for the long term.
History shows us otherwise, but perhaps, and we must hope that, the newfound attitude of the Spanish government will win through amongst all Spanish political forces. The stunt carried out by Vox, at the start of Mr. Picardo’s address, indicates the opposite.
REALITY MUST REMAIN IN SIGHT
One must not, however, lose sight of the real world. In that world, either any treaty will lead the way to one party succeeding in its sovereignty ambition, or the other party having to meet head on the consequences of resisting that win in the future. The four-year time limit on Frontex manning immigration controls is a ticking clock in that regard.
A treaty, as envisaged, in the framework agreement is but a temporary patch on an ever-present 300-year-old international dispute. It does not deal with the fundamentals of the historical positions.
In the meantime, whether Mr. Picardo dances flamenco alone, or a ‘paso doble’ with Spain, both should be welcome. He should and must be encouraged to succeed in his mission, dancing politically and diplomatically, to the best of his ability for the good of all in Gibraltar and the Campo.
Let us hope Spain continues to see the current progressive process with the same eyes, as shown by it having entered into the framework agreement, and that the EU follow, in a double-partner dance.
In his recent GBC interview, the GSLP Chief Minister, Fabian Picardo, said, on the one hand, that we would not like the opening gambit of the EU in its negotiating mandate for a Brexit treaty over Gibraltar. He said that we would find it ‘disagreeable’.
Yet, immediately after, he said that the EU mandate would be within the parameters of the framework agreement, which he and the GSLP have agreed. That being so he, and the GSLP, will have to like the mandate, which cannot be bad in those circumstances, unless the EU chooses to embarrass its member Spain.
He went on to emphasise that the GSLP will not go with a ‘bad’ agreement, but who decides what is bad? The GSLP, it seems, as he discards the holding of a referendum.
WILL EU KEEP TO FRAMEWORK
If the EU keeps strictly within the structure of the framework agreement, what will there be for Mr. Picardo and the GSLP not to like? That frame has been accepted fully by them.
Is Mr. Picardo suggesting that the EU will break Spain’s parameters in the framework agreement, and so embarrass Spain. His statement that we will not like the EU’s opening negotiating mandate indicates that, as well as the likelihood that he has seen the mandate.
If he is implying that the EU will take a position different from the framework agreement, then the value of that agreement, which is with Spain alone, is tiny at an EU level. All those negotiations, going to the wire on New Year’s Eve, would have been a waste of time. Surely the EU is not there?
It would seem unlikely that the EU will place its member, Spain, in such an embarrassing position. Surely there would have been sufficient EU involvement in the framework agreement, prior to Spain’s agreement to it, to avoid that scenario.
LIMITED VALUE OF FRAMEWORK
If the EU move in a different direction, the value of the framework agreement would then be twofold only. To have bought time to maintain a fluid frontier temporarily, and to have got Spain onside with us and the UK to push the EU to a place that suits Spain, and to where the GSLP have agreed Gibraltar should go.
A place defined in the explanations for the framework agreement, namely, to achieve that frontier fluidity, whilst negotiations for a treaty take place. A negotiation that does not limit the EU to matters identified and, in outline, resolved in the framework agreement.
GIBRALTAR LEFT INDEBTED TO SPAIN?
So, Spain it seems is now on our side helping to negotiate with the EU for a treaty with the UK over Gibraltar. What an achievement. Spain is an ally, assisting to fight Gibraltar’s corner with the EU. That is a first in over 300 years of British rule and sovereignty.
Doesn’t that give Spain all the practical ability to get Gibraltar what it needs to prosper, and share that prosperity with the Campo de Gibraltar (Campo)? For once the GSLP has put us in a place where Gibraltar is indebted to Spain.
Yet in contradiction, Mr Picardo argues that he will not accept a bad treaty. Where will that leave us? It seems in agreement with Spain, but in disagreement with the rest of the EU. What an odd place for Gibraltar to be left in.
EU LIKELY TO RESPECT SPAIN
In a more probable scenario, the EU will likely respect Spain’s position as contained in the framework agreement. After all, the EU has repeatedly said that it will behave on the issue of Gibraltar taking primordially into account Spain’s wishes and interests.
If that is so, then Mr. Picardo’s prediction, that we will not like the EU’s opening gambit, will not prove to be right, save perhaps in the detail, which will need to be negotiated. It will not prove fatal to any treaty.
EU, NOT SPAIN TO BLAME?
So why is Mr. Picardo saying what he is saying?
He is playing his usual politics, “poniendo el parche antes que la herida”. If there is no treaty, he can argue that he succeeded in his negotiations with Spain, but all failed with the EU. In this way he can places the blame on the EU in the very unlikely scenario that no deal is reached.
If there were to be no deal, it is the EU that will have caused any suffering in Gibraltar and the Campo. On the other side of the same equation, it gives Spain the ability to tell the Campo that it tried and succeeded with the UK and Gibraltar, but that the EU caused any failure leading to any suffering.
GSLP ARE THE ONLY JUDGES OF A GOOD OR BAD DEAL
Yes, Mr Picardo, you will walk away from any bad deal, but you alone, with the GSLP Government, will be the judges of what will be a good or bad deal for Gibraltar.
It will be you and the GSLP who will be judged at a General Election, as to whether your choice of what is a good deal, will be liked by the electorate: that will also be a judgment of what you have already agreed, namely the framework agreement.
We shall wait and see patiently, whilst Mr. Picardo plays out his politics. In the meantime, the reality is that a deal with the EU is necessary and will come about. The sovereignty implications, which will be there of necessity, are yet to be seen in the detail and considered.
Fabian Picardo addresses the audience and is interviewed by GBC. The opposition is interviewed at the end and highlights Picardo's failure to deliver on his promises in respect of Brexit negotiations.
The UK-EU treaty on Gibraltar’s post-Brexit relations with the bloc must be “compatible with EU law” and “with the Union’s interests,” the President of the European Commission, Ursula von der Leyen, said this week, as she confirmed the Commission continued to work on its negotiating mandate.
She referred to the forthcoming talks in response to a question in the European Parliament following reports earlier this year – since dismissed as baseless by the UK Government – that the UK was planning a processing centre for asylum seekers on the Rock.
Her comments come too as the Gibraltar Government said that the delays with the treaty did not blunt its enthusiasm for a deal or its optimism that agreement could be reached.
Speaking in Madrid this week, Chief Minister Fabian Picardo said Gibraltar respected the fact that the European Commission needed time to prepare a mandate, given the issues raised in the New Year’s Eve framework agreement were “complex in their interaction” with parts of EU law.
Not only that, the Commission had been dealing with many other complex matters over the past six month, including early implementation of its Brexit deal with the UK and the Covid-19 pandemic.
When the framework agreement was announced on December 31 last year, Gibraltar, the UK and Spain had hoped the treaty could be finalised by June.
But while Gibraltar and the UK are ready to commence talks, the EU has yet to finalise its negotiating mandate.
In her parliamentary response, Mrs von de Leyen said “… the Commission is currently working on a draft negotiation mandate, which will be proposed to the Council.”
“Any EU-UK agreement on Gibraltar has to be compatible with EU law, including the Protocol on Gibraltar of the Agreement on the withdrawal of the United Kingdom, and should also be compatible with the Union’s interests,” she added.
And in a sign that negotiations for the treaty will likely be tough, the Chief Minister warned this week that the Commission’s mandate, once it is published, may contain aspects that are not to Gibraltar and the UK’s liking.
“We must all realise that when the mandate does emerge, it will be the EU’s opening position, it will not be the treaty itself,” he said.
“As an opening position, it will contain the EU’s initial approach to the treaty.”
“Insofar as we do not like or agree with aspects of it, we will work to negotiate a final position in the final treaty that is acceptable.”
“To an extent, what we will all have to keep in mind is that all that will endure is what the final treaty looks like and what it says, and not when or what the mandate from the EU provides for.”
“We have long experience over different governments of having to take the EU on in respect of some of aspects of its approach to Gibraltar, and we will not be afraid of doing so now.”
“In any event, and despite our continued optimism, we will continue to plan for all eventualities, as it is only prudent that we should and as the Deputy Chief Minister and UK Minister for the European Neighbourhood, Hon Wendy Morton MP, did earlier this week.”
The developments are being closely monitored by the GSD, whose Leader, Keith Azopardi, said he was concerned about the “lack of momentum” towards a treaty.
“They said it would take six months and here we are, six months later, and it hasn’t happened,” he told GBC.
Mr Azopardi repeated earlier criticism that the government had “missed different opportunities” over the past five years to secure “enduring” benefits for Gibraltar.
No.6 Convent Place rejects that criticism and says Gibraltar is well-placed to secure a treaty that will benefit not just Gibraltar but the neighbouring Spanish region too, unlocking huge potential for economic growth.
But Mr Azopardi, whose party has been critical of agreements including the tax treaty and the “flimsy” political framework for the future treaty, remains unconvinced.
“It worries me that there’s still uncertainty, because uncertainty doesn’t attract business to Gibraltar,” he said.
“It’s not the fault of the Gibraltar Government that the EU mandate has not emerged, but it is certainly the case that it is not right for the Gibraltar Government to build up this great narrative of its success since the Brexit referendum, when all we have seen is repeated failure.”
As negotiations to determine future cross-border arrangements between Gibraltar and Spain continue under the necessary secrecy associated with diplomatic exchanges, the University of Cádiz organised a seminar to discuss possible eventualities specifically dealing with cross-frontier workers.
The seminar was held on the 2nd of July at the Palacio de Congresos in La Línea, with others in attendance online.
Under the title “Cross-frontier workers post-Brexit”, Professor Inmaculada Gonzalez Garcia of the Faculty of International Law and International Relations explained that the seminar was part of a wider investigation being carried out by the university under the auspices of the Jean Monnet programme.
The seminar was chaired by the well-known lawyer and one-time Mayor of La Línea, Juan Carmona de Cozar.
Carmona became Mayor of La Línea at the young age of 27 and is regarded as one of the intellectual powerhouses in the Campo de Gibraltar as well as a man of action, having once swam from La Línea to Gibraltar during the Francoist siege.
He introduced the first speaker, the current Mayor of La Línea, José Juan Franco Rodríguez of the localist La Línea 100×100 party.
Juan Franco exuded energy and enthusiasm as he explained that although the prospects of a hard Brexit would take a very heavy toll on his city and the many workers employed in Gibraltar, he would spare no effort to try to ensure that adverse consequences were mitigated as much as possible.
He said that since the referendum of the 23rd of June 2016, when the UK voted to secede from the EU, damage had already been caused, and he referred to the departure from Gibraltar of major companies such as Bet365.
At one time, Bet365 hoped to move part of its operation to La Línea in order to maintain close proximity to Gibraltar and for the convenience of its workforce, but national authorities had preferred to favour Ceuta, and in the end Bet365 moved to Malta.
Permeating the Mayor’s robust intervention was the recurring theme repeated over many years by his predecessors including Mr. Carmona that La Línea seemed always to be side-lined by the reginal and national authorities.
Although the Government of Gibraltar had acted swiftly to assist local businesses during the initial lockdown, the recurring expenditure in the public sector meant that the government was now trying to extract as much as possible from a debilitated private sector with a real risk of a domino effect if the businesses that had suffered the worst of the lockdowns were not given time and space in which to recover.
He wondered whether the Gibraltar workers unions might have a conflict of intertest when representing both private and public sector workers at a time when their interests seemed to be at loggerheads.
The Gibraltarian economy, he said, is multifaceted and whilst parts of it had suffered tremendously in the past year, others had done well.
He said that the fact that there had been a 37% increase in job vacancies during this period suggested that other parts of the economy in Gibraltar were still being carried by a momentum which we could all do well to ensure does not stop because it provides hope for a resurgence of economic activity in the near future.
Charles Gomez announced that there were several major projects at an advanced stage of development to underscore the intrinsic robustness of the Gibraltarian economy.
Mr. Franco confirmed that there were also projects in the pipeline in La Línea and Mr. Carmona alluded to the underlying strength of the Gibraltarian economic base.
Mr. Gomez warned however that this situation had to be nurtured and that this was potentially the last chance for the region to achieve the prosperity that rightly belonged to it.
He said that there was a world outside the Campo de Gibraltar and many potential competitors, including Morocco, who are not standing still, and that the hope was that national leaders would understand this during their deliberations.
Spain is on our side in the negotiations that will lead to an EU-UK Treaty over Gibraltar, based on the outline of the recent framework agreement, or so Juan Gonzalez-Barba, Spain’s State Secretary for European Union Affairs has indicated, following closely on what successive Spanish Foreign Ministers have been doing and saying.
He said, last week, that, convincing the European Commission (“EC”) to follow the framework has not been easy, but Spain has managed to achieve it. It is a framework, which Fabian Picardo’s GSLP Government has negotiated, agreed, and supported fully, as being good for Gibraltar.
Does all that foretell well for a ‘British’ Gibraltar seeking self-determination?
It remains to be seen, but for us to safeguard who we are, we must be resolute in maintaining and protecting our ‘British’, and different, institutions and customs. The biggest threat of a treaty comes from slow assimilation, due to dilution That is something which must be resisted, individually and collectively, with public education playing a huge part in the process.
A FIRST FOR GIBRALTAR
The framework agreement is certainly a first, as will be any treaty that comes out of it. Gibraltar and Spain are and will be rowing the same boat together, when history, for centuries, shows only wars, sieges, economic sanctions, battles, argument, and difference between us both.
How this development will go down with Gibraltar generally remains to be seen, as and when any treaty is made public. It certainly will put the GSLP Government to the test fully, to the extent that one awaits whether it will survive as one.
Mr. Picardo’s stated position that there will be no Spanish boots on Gibraltar, within or beyond four years, is seemingly maintained. Spanish boots are not needed, for control to be exercised by the EU through Spain. Control, however, does involve elements of sovereignty, the extent will depend on what powers and rights are handed to the EU.
DIFFICULTIES FORESEEN
The initial test for the forthcoming negotiations will come about when the EC makes its negotiating mandate public, supposedly, this week. It may lay the ground to put Spain as the good nation, arguing Gibraltar’s position, in the face of opposition from other EU member states.
Mr. Gonzalez-Barba has revealed that the EC negotiating mandate must overcome another hurdle: approval by the EU Council of Ministers. Spain will likely have to bat for Gibraltar at that level of the discussions also.
Those disapproving EU members at the Council of Ministers, if any, will be seen to have compromised in favour of Gibraltar at the insistence of Spain, and to appease it. In brief, Spain on our side!
Mr. Picardo has already said aspects of the mandate will be “disagreeable”, only to go on to reassure that, in the past, negotiations have successfully softened the pill to be swallowed. But it seems, a pill there will be.
Those potential obstacles are reflected, also, by Mr. Gonzalez-Barba, who aside from publicising the reality of difficulties already faced in convincing the EC, has equally made a warning public, that whilst a treaty will prosper, there will be a need for all parties to make concessions.
UNPRECEDENTED PROPOSALS
Further, Mr. Gonzalez-Barba admits that the proposals, to the EU, over Gibraltar are unprecedented, requiring it to accept ad hoc measures. That is not something that the EU is generally equipped to do. The EU tends to play by, and stick to rules, precisely in order not to create precedents for other members to seek advantage from.
Remaining within the bounds of what already exists in the EU is likely part of what the EC President was referring to, when she alluded to any arrangement, over Gibraltar, having to fall within the wider test of the “interests” of the EU.
OPTIMISM PERSISTS IN SELLING THE DEAL
All that said, Mr. Gonzalez-Barba expresses huge optimism that a treaty, closely following the framework agreement, will be forthcoming. He says that, in the context of saying, “Ultimately, everyone has to win, that’s the important thing, and everyone has to cede something.”
All in all, it sounds as if a huge treaty ‘selling exercise’ is being undertaken on both sides of our border. A distraction to avoid the age-old prejudices of Gibraltar coming to the front to undermine a process that knows only one direction, namely, agreement bringing Gibraltar within the influence of the EU, within which Spain, as the neighbouring state, will be Gibraltar’s necessary emissary.
NEW FOREIGN MINISTER ONSIDE TO ACHIEVE SHARED OBJECTIVES
What he revealed, also, as predicted in this page last week, is that the change of Spanish foreign minister, will not derail the current process to arrive at a treaty. Mr. Gonzalez-Barba has confirmed that the Spanish Foreign Minister, Jose Manuel Albares, in his capacity, within the EU Brexit process, as ‘Sherpa’ has been on the job involving Gibraltar for some time, and so clearly in the picture and in agreement with the process.
The direction is clear. The ambition, expressed by Mr. Picardo and by Spanish Ministers repeatedly, is to create an area of shared prosperity between Gibraltar and the Campo. A prosperity that will be based on the opportunities that our strategic location offers to all on each side of the frontier, whilst, ostensibly, leaving issues of ‘sovereignty’ to one side.
ONE-DIRECTIONAL SHARED PROSPERITY
It will be a shared prosperity that will confirm and embed our economic dependence on Spain. A reliance that is down to the conscious policies of every government since 1985. They have all followed economic and business strategies, in the belief that the EU was here to stay.
There will be no way back from a treaty, but is there any viable alternative way forward?It seems that those governing us, the GSLP, as many others, think not, save with suffering great economic and financial pain.
The belief is that elements of control in certain matters need to be given to the EU, and through the EU’s delegation, to Spain. EU control was there before Brexit, so no big deal, but what is being talked about now publicly, take us beyond that which existed whilst Gibraltar was in the EU, through the UK. Further it gives more to Spain, than that which was previously held by the UK, for example, Schengen style immigration controls.
A BIG THREAT
If that is so, Spain’s change of tack, in its strategy towards Gibraltar, may prove to be the biggest threat posed on our ability to remain ‘British’, save when it comes to just the flag and to nationality. A danger which magnifies the importance of resolutely defending our institutions and customs, which are, to the core, what make us “British”, but within which we can fight for self-determination.
Remaining “British”, as well as seeking self-determination, will rest heavier on our individual and collective shoulders, not those of the UK, who constantly repeats its constitutional reassurances. The emphasis of our fight for self-determination will shift in any new circumstances created by the terms of any treaty agreed with the EU.
