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This section is the responsibility of the Editor and not that of the FOGHS
From LEAFAR’S DESK Issue No 75
October

TORPEDO JUAREZ PROTEST

• ‘Keep out of it’ says Opposition
Juan Carlos Juárez, the Mayor of La Línea, vented his anger last weekend on hearing news
that the Royal Navy was sending a nuclear submarine to Gibraltar as part of the Battle of
Trafalgar celebrations next week.
“There is growing indignation in the Campo de Gibraltar and specifically in La Linea at the
British Government’s arrogant attitude and the constant provocation of visits by nuclear
powered submarines to these waters,” he said in a statement on Sunday.
But Sr Juárez appears to have jumped the gun because according to official British military
sources, there will be no submarine visit next week.
The root of the misunderstanding is a press advisory notice issued by Headquarters British
Forces last week, in which a visit to an SSN’ - military speak for a nuclear submarine – was
tentatively pencilled in.
Were it not for the sensitivities north of the border, it would have been a simple media trip:
a visit to a Trafalgar class submarine to mark the 200th anniversary of the Battle of
Trafalgar.
Yesterday, a second statement from HQBF tried to clear the air of controversy.
“A prominent politician in the Campo de Gibraltar has suggested that a British nuclear
submarine will arrive in Gibraltar on 28th October,” the statement said.
“The Ministry of Defence wishes to confirm that no submarine visits to Gibraltar are
envisaged to commemorate the Battle of Trafalgar.”
OPPOSITION ANGER
While that clarification from the British MoD might help to ease concerns in the Campo de
Gibraltar, it came too late to stop political reaction in Gibraltar to the La Línea mayor’s
comments.
“Sr Juarez appears to be incapable of understanding that the frontier between Gibraltar and
La Linea is an international frontier demarcating the national sovereignty between his
country and ours,” said the GSLP/Liberal opposition in a statement.
“Spanish territory ends at La Linea and British territory commences and applies from the
moment that people show their passport and exit Spain.”
“Clearly, if such considerations apply as regards the area of the frontier and the airport
where British military aircraft come and go as they please without having to seek the
permission of Spain (notwithstanding the Spanish myth that the isthmus belongs to Spain)
it applies with even greater strength and logic to visits by British naval vessels of whatever
type to the naval base.”
“The British military presence in Gibraltar and the use of British military facilities in
Gibraltar is a matter entirely for the people of Gibraltar and the British Government and has
nothing to do with Sr Juarez simply because he happens to be near us.”
“Just like we in Gibraltar do not interfere in the visits that may be made by warships at
nearby Spanish ports, including American nuclear powered vessels.”
And in a statement bound to rankle with the Spanish mayor, the opposition alliance also
questioned Sr Juárez’s sense of history.
“It may interest the Mayor of La Linea to know that Gibraltar was not obtained as a result
of the Battle of Trafalgar,” the GSLP/Liberal statement said.
“It was already under British control 100 years before then.”
“The British military presence in Gibraltar was of great assistance to Spain when
they were in the process if being conquered by Napoleon.”
“Indeed, if the British had not intervened to defend Spain against domination by France,
who knows whether the Spanish nation might have ended up under French control to this
day.”
“In which case we would have found ourselves with a better neighbour than the one we
have had to put up with for the last 300 years.”
NELSON’S SUB?
In his statement this weekend, the Mayor of La Línea asked himself why the British
military would want to bring a nuclear submarine to Gibraltar as part of the Trafalgar
celebrations.
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“As far as we know, there were no submarines in that battle, let alone nuclear ones,” he
said.
Technically speaking he is, of course, correct, but new documents have surfaced suggesting
that submarines were very much on Horatio Nelson’s mind prior to that famous battle at
sea.
According to an article in the Sunday Times, those documents show that Admiral Lord
Nelson “held secret talks at Downing Street on sinking Napoleon’s ships with submarines,
mines and rockets.”
“The plan involved towing the mines, referred to as “infernal machines”, across the
Channel on high-speed catamarans and then detonating them beneath the French vessels,”
the article reported.
The weapons meeting in Downing Street was also attended by Robert Fulton, a pioneer in
submarine design.
“Fulton gave the meeting expert advice on the use of catamaran-mounted torpedoes,” the
newspaper article stated.
“Previously he had designed the first “submarine boat”, the Nautilus, in Paris, but when he
approached Napoleon’s ministry of the marine with a plan to blockade the mouth of the
Thames with them, it scornfully dismissed him.”
“Fulton crossed secretly to England, where he demonstrated his design to [prime minister]
Pitt.”
Details of the meeting have been published in a new biography of the admiral by Roger
Knight, visiting professor of naval history at Greenwich University.
Mr Knight told the Sunday Times that Nelson’s interest in new weapons, which came too
late to affect Trafalgar, stemmed from his worries that the war against Napoleon was near
deadlock.
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‘NO NEGOTIATION ON GIB’S FUTURE’ – EUROPE MINISTER
There are currently no negotiations between the UK and Spain on the future of Gibraltar.
That is the position as stated in the House of Commons by Europe Minister Douglas
Alexander.
Mr Alexander said that the Trilateral Forum, created through a joint statement by the
Governments of Spain, the United Kingdom and Gibraltar on 16 December 2004 gives an
equal voice for all three parties to discuss matters relating to Gibraltar. Any party may raise
any issue relating to Gibraltar in this forum, he said.
He added that so far, the forum has concentrated on areas of possible local co-operation,
including expanded use of the airport, telephones, pensions and problems at the border.
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Airport and telecommunications raised at Gibraltar Day in London
IMPROVED RELATIONS WITH SPAIN GOOD FOR ECONOMY – CARUANA
By Alice Mascarenhas from London
“There has been a significant thawing in relations between Gibraltar and Spain where it is
likely that an early fruit of this process will be agreements that will allow more extensive
useful and international air services connections with the Gibraltar Airport, and also the
resolution of some current difficulties in telecommunications,” Chief Minister Peter
Caruana announced to businessmen, accountants, lawyers, property developers and finance
centre players, at the start of Gibraltar Day in London yesterday.
Mr Caruana also stated that the Gibraltar Government expected these agreements to be
positive for the economy of the Rock.
The setting for his speech was the now traditional Finance Centre lunch hosted by the Chief
Minister at the Royal Automobile Club, where many of Gibraltar’s top businessmen and
professionals were also present.
Mr Caruana made clear Gibraltar continued to be engaged in negotiations with the UK to
further modernise the Rock’s constitution, eliminating from it the last vestiges of
colonialism, but at the same time reassuringly stating that Gibraltar would retain its British
sovereignty and close constitutional links with Britain, as an overseas British territory
enjoying the maximum degree of self government.

Earlier he had spoken of how Gibraltar enjoyed a highly developed and much respected
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professional infrastructure, where he asserted that the Rock’s lawyers, bankers and
accountants “think and create globally” whilst being constantly innovate with new services
and opportunities tailor-made for different industries and different purposes in different
countries.
Mr Caruana assured that despite the challenges posed by the EU Taxation of Savings
Directive, the banking sector continued to grow and to diversify.
“It now employs some 700 people and we continue to welcome important newcomers.”
Mr Caruana said that insurance and insurance intermediation was the fastest growing sector
– enjoying EU single market passporting rights. Locally licensed insurance companies have
grown from 13 to 45 in just four years. A new sector too is the pan-European Pension,
where the government expects a golden opportunity. The Chief Minister pointed to new
legislation which would allow Gibraltar to become an efficient jurisdiction of choice to
establish corporate pan-European corporate pension schemes. He also briefly mentioned
the intended establishment of a stock exchange, which he said would be backed by
important EU financial institutions,
These diversifications, away from the traditional brass plates and simple depositing
business, to all of these much more sophisticated, and creative skills based financial
services, according to Mr Caruana, have been instrumental in the huge and successful
repositioning of Gibraltar’s finance centre over the last 10 years, into what he described as
“a truly on-shore off-shore international and European finance centre.”
Mr Caruana was confident that as world markets had increasingly globalised, the Gibraltar
government had also ensured that the Rock remained at the forefront of EU and
international standards of legislation, anti-money laundering and serious crime.
Gibraltar he insisted valued its good working partnership with multilateral bodies such as
the IMF, OECD and FATF, but at the same time, he added, remained committed to fiscal
competitiveness and to respect for bona fide privacy and confidentiality.
IMF TO VISIT
Meanwhile he announced that Gibraltar had agreed to a further IMF assessment in March
next year.
Mr Caruana then spoke of the deficiency in drafting which had raised some doubt among
some EU member states as to whether Gibraltar companies were intended to -benefit from
three EU directives in relation to - Parents and Subsiduaries, Mergers and Acquisitions, and
Internet and Royalties, which the EU has now confirmed would also apply fully to
Gibraltar.
Mr Caruana concluded that Gibraltar would continue to welcome financial services
providers.
“Those who share our vision of the importance of high standards and reputation; we will
continue to be innovative in the legislative framework that provides new opportunities for
our finance centre; we will remain committed to the principle of No or Low tax, and with
the help of so many leading financial services institutions provide an environment, for the
safe and prosperous provision of financial services throughout the EU and the world,” he
reiterated.
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Gibraltar Day in London

CARUANA CALLS ON MOD TO HONOUR ROCK’S LOYALTY
From Alice Mascarenhas in London
As the Ministry of Defence prepares to negotiate the possible contractorisation of some of
its core functions in Gibraltar, Chief Minister Peter Caruana, warned of the importance of
reciprocating the relationship that Gibraltar had delivered over the years, and that the base
remained a good responsible employer.
Delivering his main speech to over 1000 guests at the Guildhall Art Gallery, Print Room
and Old Library, at the main celebration of Gibraltar Day in London on Monday night,
where Armed Forces Minister Adam Ingram, outgoing Conservative leader Michael
Howard, top Military personnel, and for the first time ever a present serving Governor of
Gibraltar along with former Governors, Mr Caruana declared jobs should be for the loyal
residents of Gibraltar who welcomed and supported the presence of the base and should
not through contractorisation be allowed to drift for the benefit of cross-frontier workers
from the neighbouring country who opposed the presence of the base, do not want it there
and complain every time a nuclear submarine comes to visit.
But Mr Caruana, choosing his words carefully, stated Gibraltar’s dispute with the MoD
would continue to be treated as a dispute between friends. The MoD, he declared, would
continue to be a valued part of the Gibraltar community and economy.
On the issue of visits to Gibraltar by nuclear submarines, the Chief Minister said his
government rejected the complaints by other neighbouring countries of the use of Gibraltar
as a base for British nuclear submarines recreational and operational visits.
He reassured: “We welcome that through our contribution to the British defence effort we
too can contribute to the global collective effort of what we regard as the greater British
family of which we are a part of. As far as we are concerned they are hugely welcomed
and should regard themselves as their home from home.”
The Ministry of Defence he insisted remained economically important to Gibraltar which
continued to make huge economic, social, and political progress, despite being small,
facing threat and challenges on an international scale.
“Gibraltar is a British success story in the Mediterranean,” he reiterated.
In a message to Spain in reference to the current ongoing bilateral talks he said.
“Everybody knows that Gibraltar values hugely and wishes to retain its exclusive British
sovereignty. It is a matter of affinity, mutual regard, and respect for that most fundamental
and democratic political rights, which is the right of the people of Gibraltar to freely and
democratically decide its own future.
“This does jot mean that we turn out backs on our neighbours Spain and do not seek with
them, the best, most cordial, most cross-border co-operative relations that we have.”
To demonstrate this Mr Caruana spoke of the new trilateral process of dialogue which he
reassured was not a negotiation about sovereignty but one of open agenda and where the
government of Gibraltar was present on an equal basis with the other two participants,
Britain and Spain.
For the second time he announced that an early fruit of this process will be agreements that
will allow more extensive useful and international air services connections with the
Gibraltar Airport.
During his speech Mr Caruana reflected on the long-lasting effects of what had happen as
a result of the Battle of Trafalgar.
“Britain would not have established unquestioned dominance of the global seas and nor
would it have been saved from the risk of invasion.
“We in Gibraltar have no doubt that if Nelson had not triumphed at Trafalgar Gibraltar
would not have endured with British Sovereignty for the next 200, from which the Rock
has also gained.
“We understand the historical links such as Trafalgar which for so many people is simply
history, for us in Gibraltar it is something which enables us to be what we subsequently
became and all that we have also enjoyed.
“Britain’s dominance post Trafalgar of the world enabled expansion and consolidation of
global trade and empire, it allowed the global reach of some of the things of value which
we in the Anglo-Saxon world hold dear still to this day. Without Trafalgar British values,
institutions, language, the system of Justice and administration, political and democratic
process, which we all take for granted, in the most remote corners of the globe would not
have endured to establish the consensus right way to do things in so many countries all
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over the world.”

As a result of their commitment to Exercise Jebel Sahara just a handful of soldiers from the
Royal Gibraltar Regiment were present at the event but the military and navy presence was
felt throughout in this Bicentenary year of the Battle of Trafalgar. The gathering was
welcomed by Sheriff Alderman, John Stuttard, of the City of London. Music was provided
by the Band of the Royal Artillery which also undertook the Sunset Ceremony, with a
parade from the Fort Cumberland Guard. An old naval tradition from the Nelson era was
re-enacted during the ceremony when soldiers and marines dressed in period dress entered
the Guildhall carrying a Baron of Beef and presented it to the Chief Minister just like it
would have happened on board ship.
Back then the Captain would reply to the question “is it your wish that this should now be
served” before the meat was cooked – on this occasion it was Mr Caruana who gave the go
ahead.
The guests this year also included all the Chief Ministers of the Overseas Territories, in
London for an annual consultation meeting with the FCO, in which Mr Caruana will also
participate later today.
Governor Sir Francis Richards, the first serving Governor to be invited to participate in
Gibraltar Day, said he was glad to be a part of the event.
Speaking in support of event, Sir Francis said he happened to be in London for a meeting,
and had been invited by the Chief Minister to attend.
He said, “This is about the ties that make Gibraltar British.”
“If you are a place like Gibraltar you have to make sure you are visible. You are a bit like a
small yacht loose in shipping lanes with vast super tankers and vast aircraft carries around,
and if you do not make a bit of noise, make sure people can see you and that your friends
know you are there, I think you risk getting forgotten. Gibraltar Day is certainly part of
government strategy for making sure that does not happen, and I can see the force of that.”
Meanwhile the Chief of Defence Staff, Sir Michael Walker, confirmed there was no truth
in the rumour that he was being tipped as the next Governor of Gibraltar.
“It certainly has not been on my radar screen at all,” he said.
On the contractorisation issue the Major General commented how there were at present
contractorisation arrangements across all of the armed services in the UK.
Contractorisation is the way forward, he said.
“As you know the in-house bid is being prepared and there is an opportunity for that to be
part of competition.”
From a union perspective, Prospect General Secretary Paul Noon, said the union was
profoundly concerned about the issue although he felt things were moving in the right
direction.
“I feel we are at present where we should have been nine months ago. If the government
had done it properly we would not have had the necessity for a legal challenge but I think
things may be back on track even though we have to iron out the details.
Meanwhile today Chief Minister Peter Caruana takes a break and joins members of the
Manchester United Gibraltar Supporters Club, of which he is Patron, in Manchester to see
the match against Lille. Tomorrow evening he travels to Oxford where he will be
addressing the Law Society at Oxford University on Gibraltar’s Financial Centre and its
legal/ political situation as a small territory in Europe.
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SOVEREIGNTY STATUS QUO WILL BE UNALTERED BY AIRPORT DEAL
Rafael Estrella, the PSOE parliamentary spokesman for Foreign Affairs, has declared that
the tripartite forum will be in a position to announce an agreement on the airport, the
Spanish pensions issue and improved frontier flow in a period of “two to three months.”
Speaking in Algeciras this week Sr Estrella said that the negotiation on the airport is
unconnected to the Spanish sovereignty claim, while the presence of Spanish police at the
airport had been discarded.
Sr Estrella said he was moderately optimistic on an airport agreement and said there were
technical matters still pending conclusion. The forum based its initial work on the Basle
airport in Switzerland which has frontier exits to France.
“We are discussing technical problems that will not alter the status quo on the airport’s
sovereignty,” he declared.
Sr Estrella indicated that the negotiation was advancing toward “a joint use airport that
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included joint commercial management of the airport.”

There will be no sovereignty advantage for Spain with this agreement since this is outside
the script, said Sr Estrella.
The Spanish politician said that the Madrid Government will also study the pensions
proposal that emanates from the forum, but that the pensioners will have the final say on
any eventual agreement and there would be no reduction in the sums of money they are
claiming.
“We are dealing with the historical rights of the pensioners and the only discussion refers to
the various formulae that can be applied for the payment.”
Sr Estrella also admitted that to date, “the British Government has not formally accepted”
to pay the pensions but said the negotiating process was “on the right track.”
As regards frontier flow the Granada MP said the negotiations aimed to establish more
rational and objective mechanisms to “improve the quality of life” of the citizens on both
sides of the border.
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GIB LOSES OUT ON MED PRESIDENCY TO FRANCE
*Poggio Re-elected Vice-President
by Alice Mascarenhas
Albert Poggio was re-elected Senior Vice President for another three-year term of office at
MedCruise General Assembly.
15 countries presented their candidature for the election to the office of Senior Vice
President; Gibraltar was elected unanimously. But Gibraltar which was also in the running
for the presidency of the association lost out to France. The assembly was held in Limassol,
Cyprus. MedCruise is the association of Mediterranean ports which has 64 port members
across 17 countries.
Commenting on not achieving the presidency Mr Poggio speaking from Cyprus said that
there had no doubt been some tactical voting preventing Gibraltar from succeeding. But he
added in the second round of voting for the Senior Vice Presidency Gibraltar was one of 15
countries competing the vote for him to remain in the chair had been unanimous.
Mr Poggio said he was pleased to be re-elected as it placed Gibraltar at the very top of the
cruising industry the potential of which was increasing each here.
“We will again be at the forefront,” he said.
Meanwhile the next MedCruise Assembly will be held in Gibraltar next year. Chief
Executive of the Gibraltar Tourist Board Peter Canessa delivered a presentation in Cyprus
on Gibraltar.
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GIBRALTAR OXFORD UNIVERSITY ALUMNI ASSOCIATION

Following the successful visit by the Oxford University Amateur Swimming Club team and the
probable visit next year by Oxford University Amateur Hockey Club it has been decided to reform the
GOUAA.
The current list of members includes L.G Andlaw, Pembroke 1951, Miss G. Arias, Oriel 2000, Dr
John Cortes, Magdalen 1979, D. Delgado, St Catherine’s 1995, David Dumas QC, Exeter, 1977, Joshua Gabay,
Pembroke 1953, A. Griscli-Soler, St Anne’s 2000, Peter Isola Senior, Pembroke, 1947, J. Mockett, New,
1945, D. Palmer, Lincoln 1999, Fabian Picardo, Oriel 1990, Christopher Pitaluga, St John’s 1980, C. Skinner,
Keble 1980, A. Vasquez, Pembroke 1976, N. Vasquez, St Benet’s 1997, R. Wallace, Queen’s 1951.
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CADOGAN MOVES
After fifty years in Sloane Street Cadogan Travel has relocated to modern new premises in Lowndes
Street, Knightsbridge.
The new office incorporates a unique, vibrant design coupled with state of the art technology. The
premises are designed to offer comfortable and stylish surroundings for their clients to relax in whilst arranging
their holiday.
Bert Hyett, branch manager, is delighted with the new look. “We have managed to create a wonderful
blend of the latest style and technology, whilst still retaining the calm and professional environment that our
customers have come to enjoy. Between the team, we have over 100 years experience in the industry and we are
proud to continue to be able to offer a truly specialist service to each and every one of our clients”.
The new offices are located at 28 Lowndes Street which is near to the Carlton Tower Hotel.
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MONSIGNOR GERALD CHIDGEY
The Daily Telegraph, in its obituary of this eminent cleric, reveals that ‘ Chidgey was twice passed
over for a bishop’s mitre. In 1970 his name was unsuccessfully put forward for auxiliary bishop in Cardiff to
Archbishop John Murphy, but Chidey’s temporary illness at the time may have been a factor. In 1973 he was
tipped to become Bishop of Gibraltar but a Gibraltarian was appointed instead”.
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GIBRALTAR DAY
One of the highlights was to see three octogenarians deep in conversation; they were Lord Merivale,
89, Pepe Forbes, 88, and Sir Robert Peliza, 85. What memories this trio have of the Gibraltar problem.
Talking of which, a senior member of the Gibraltar Parliamentary lobby told this Dateliner that despite
the euphoria generated by the talks between the three governments in the Trilateral Forum, all Gibraltarians
must remain in a state of total vigilance. He warned that within the Foreign Office are the next generation of
Emyr Jones Parry clones who are just waiting for the moment when the Joint Sovereignty proposals can be
returned to active politics. The intense political lobbying must not be relaxed.
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ALBERT MORILLO
Albert Morillo is to remain as manager of the Investec Asset Management fund.
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CADOGAN TRIUMPHS
The Gibraltarian owned company has scooped the award for ‘Top Short-haul Specialist Tour Operator 2005’ at
the Travel Bulletin Awards ceremony at the Millennium Gloucester Hotel.This is eighth year in succession that
Cadogan has won this award.
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GIBRALTAR IN TOP FIVE
The Economist reports that that the five most densely populated territories in the world are Gibraltar,
Macau, Monaco, Hong Kong and Singapore.
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HELP WANTED
Michael Ellul is a Maltese architect and architectural historian who is seeking material for an article
on the use of Malta stone outside the George Cross island.
He wishes to know whether there are any buildings on the Rock constructed with Malta stone and
whether any Maltese masons were employed in the local building trade during the late 19th and early 20th
centuries.
Michael’s email address is [email protected].
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GB AIRWAYS EXPANDS EVEN FURTHER

This month sees GB Airways launch new flights to Sharm El Sheik and Hurghada in the Egyptian Red
Sea Riviera and also Innsbruck in Austria.
John Morgan, commercial director, told the Gibraltar Chronicle: ‘This month we will not only be
adding new winter sunspots but also introducing our first venture into the ski market by operating scheduled
services to Innsbruck’.
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MAJOR DOUGLAS
Many readers will remember Major James and Mrs Douglas and their three children who used to live
on top of the Swiss Watch shop in Convent Place. This is now The Angry Friar.
Alas both Charles and Carlos died last year. Susanne told this Dateliner that Charles was born on 23
October 1919 and educated at Sherborne College and Keeble College, Oxford. He was called up in 1939 and
after the end of hostilities returned to finish his degree reading Modern Languages. During the war he was
captured in the Far East and spent several years in a Japanese Prisoner of War camp. After Oxford a post was
accepted teaching French at Midhurst Grammar School where he remained all his working life.
Carlos was born on 26th December 1935 and was adopted whilst still a baby. He was educated in
Gibraltar and was awarded a scholarship in 1956 to RADA. His distinguished career as actor is best
remembered by his portrayal as a Spanish waiter in the Sitcom ‘Duty Free’.
Suzanne has interred the ashes of her brothers into their mother’s grave in Midhurst. In memory of the
Douglas family she has presented the Gibraltar Heritage Trust with her brother’s mess tin which he used in the
Prisoner of war camp.
Charles was sent by his parents a postcard of the classic silhouette of the Rock . A fellow POW
somehow was able to engrave a copy of this post card onto the mess tin. It is an incredible work of art. It has
survived all these years and remains in a pristine condition; in fact it is as good as new.
xxxxx
OFFSHORE RED
Part of an editorial in the financial services magazine ‘Offshore Red’ reads:
‘And if some jurisdictions were outside its (Brussels) remit, others were damned sure that they were not going
to comply. Gibraltar was in a difficult corner. Apparently, it did not need to observe aspects of the directive.
But Europe as a whole does not seem to be terribly clear about what Gibraltar can and cannot do. The
Commission would cheerfully shut Gibraltar’s financial sector and , given half a chance, merge the jurisdiction
into Spain against the wishes of the overwhelming majority of the population.
It is engaged in another battle of the Rock’s tax status and when – and if – it can adopt zero-ten. In the
end, membership of the EU should be made to work for Gibraltar. There is no reason why a flamboyant
jurisdiction cannot be included as a full member of the EU’.
xxxxx

NEW MEDIA OFFICER FOR BRITISH FORCES GIB

British Forces Media Officer, Captain Katherine Prudhoe will be handing over to Captain Keith Carroll after
the Trafalgar commemorations, a CBF spokesman said yesterday. Captain Katherine Prudhoe has been Media
officer for two years and is moving on to become the military French instructor at the Defence School of
Languages.
The spokesman said: “Capt Keith Carroll has just come from 3rd Battalion, The Royal Irish Regiment and has
been stationed in Armagh for the last 6 years on continuous operations. He was serving with his Regiment as a
Rifle Company Second in Command prior to taking over as S03 Media Ops. The Regiment has long historical
links with the Rock and is proud to be affiliated with the Royal Gibraltar Regiment. Capt Carroll has been
accompanied to Gibraltar with his wife Jane and two children O’Reilly and Antonia. He says, ”I am looking
forward to my tour in Gibraltar. On a professional level it is as a challenge that is completely different from
anything I have previously done. It is also an ideal opportunity to exploit Gibraltar’s location to pursue both
travel and leisure interests.”

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FEETHAM CHALLENGES BOSSANO OVER AIRPORT
Gibraltar deserves to be told exactly what Mr. Bossano proposed to Spain over the airport,
Daniel Feetham has said. The GSD member and former Labour leader says that it would be
“politically dishonest for Mr Bossano to criticise the Government for not keeping people
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informed about the detail of current negotiations but then keep his own supporters, and
Gibraltar, in the dark about (a) the fact he was prepared to do a deal with Spain over the
airport and (b) the detail of his own proposals.” The remarks are made in a letter to the
Chronicle.
AIRPORT PLAN
Dear Sirs,
Twice now in the space of less than a week the Chief Minister and his Government have
alluded to Mr Bossano having attempted to enter into an Airport Agreement with Spain
when he was in Government.
Will Mr. Bossano continue to keep his silence or will he come out publicly stating whether
this is true or false? If it is true, Gibraltar deserves to be told exactly what Mr. Bossano
proposed to Spain over the airport.
It would be politically dishonest for him to criticise the Government for not keeping people
informed about the detail of current negotiations but then keep his own supporters, and
Gibraltar, in the dark about (a) the fact he was prepared to do a deal with Spain over the
airport and (b) the detail of his own proposals.
Let the people decide whether the concessions Mr. Bossano was prepared to make on the
airport (if any of course) were good for Gibraltar and compare these with any proposals
that may emanate from the Tri-partite process. A public statement from Mr.Bossano as to
his own alleged proposals over the airport would be helpful and honest.
Yours
Daniel Feetham
xxxxx
Monarch flight forced to Malága by ‘mystery’ airplane incident
MADRID PRESSED TO EXPLAIN RETURN TO TANGIER DIVERSION
Two Spanish military jets that strayed from their operational area east of Ceuta and an as
yet unidentified small aircraft, spotted south of the Rock later by the RAF control tower,
combined yesterday to force the Monarch flight from Luton to land in Malaga. And the
journey of the 153 passengers was later further frustrated in what appears to have been a
collapse in the ‘goodwill’ arrangement to allow diverted aircraft direct flights from Malaga
to Gibraltar.
There was furious military and diplomatic activity into the evening as each party tried to
unravel the series of events. The fact that the affected flight was diverted to Tangier was
being held up by the Opposition party as a caution against placing any trust in Madrid’s
intentions in the current trilateral process.
Gibraltar Government had made no statement on the incident on going to press whilst the
Convent limited itself to confirming that it was aware of the problem and is taking it up
with the Spanish authorities.
Madrid in turn was understood to be analysing the incident and awaiting detailed reports
from all involved. Last night the Spanish Foreign Ministry declined to comment on the
refusal to allow the direct re-departure to Gibraltar from Malaga, although a statement is
expected today. A spokesman however said that that the events that had led to the aircraft
being diverted to Malaga are being established by them, “We have no knowledge that any
Spanish military aircraft activity was the cause of making the plane land in Spain.”
The incident comes as Jose Pons, the Spanish Director for Europe and a leading figure in
the trilateral process arrives tomorrow in Algeciras to give a talk on Gibraltar – Spain
relations to the University of Cadiz.
RAF REPORT EXPECTED
Whilst the contents of a report from the RAF control tower are expected to be released
today the following details emerged:
The Manchester and Luton Monarch flights were due in to Gibraltar at 11.30am and 11.15
am respectively. They were near Ceuta in their approach to Gibraltar when the Luton
aircraft was close to reaching its ‘diversion fuel level’ and was allowed to fly ahead by the
Manchester flight.
Diversion fuel levels allow aircraft to make attempts at various airports but it is understood
the rules disallow this from being used for holding purposes.
MOD confirmed that the reason the aircraft were holding was as a result of the fact that two
Spanish jets from an authorised military exercise east of Ceuta had strayed south of Europa
Point into the flight path area of the Monarch flights which were awaiting clearance from
 10

Seville to proceed once these jets had been moved on. MOD says that the two jets did not
pose a danger but that subsequently the RAF tower spotted an unidentified high-wing twin
propeller aircraft.
It is understood to have been detected both on radar and visually through binoculars but no
confirmation as to its identity has been available. MOD sources said that neither Gibraltar
nor Seville had been in contact with the aircraft.
In the past there have been incidents with small craft including Moroccan military,
maritime patrol and the Guardia Civil. The Chronicle understands that this was a small
craft and some 4 to 5 miles south of the Rock and refused to respond to calls from Gibraltar
airport traffic controllers. The prevailing wind being easterly meant that the Monarch flight
would have had to circle in for an approach from the west. Instead it was instructed to
divert to Malaga and refuel.
MONARCH REACTION
Monarch issued a letter to passengers apologising to them and confirming that they had to
go via Tangiers “due to Spanish government rulings”. The company invited passengers to
make a written complaint if they wished to do so. It also followed this later with a
statement that set out the delays. This said that the Monarch scheduled flight ZB602
operating a Boeing 757 between London Luton and Gibraltar was forced to divert to
Malaga in the morning after it was unable to land at Gibraltar Airport “due to military
activity” in the surrounding airspace. The letter to passengers had specified Spanish
military activity.
The flight carrying 153 passengers subsequently diverted to Malaga airport landing at
12.14 pm. Monarch say that the flight re-departed Malaga at 2 pm “however airspace
restrictions between Spain and Gibraltar meant that the aircraft must operate to Tangier
before continuing its journey to Gibraltar.” The plane arrived at the Rock at 4pm. The
return flight to Luton departed Gibraltar at 5pm with 174 passengers.
OPPOSITION WARNING
Commenting on the Monarch flight incident the GSLP/Liberal Opposition noted that
permission was sought from, and refused by, the Spanish authorities for the plane to fly
directly from Malaga to Gibraltar.
“On a recent occasion when a plane which had to land in Malaga was given permission to
fly here directly from Malaga, this was welcomed as evidence of the alleged goodwill
which existed on the part of the Spanish Government. It would appear that the goodwill, if
it ever existed at all, has been very short-lived,” said a statement.
“This new incident must raise doubts in people’s minds as to whether there is anything new
in the Spanish Government’s approach to Gibraltar, or we are still back to the long
established strategy of the stick and the carrot. Most people in Gibraltar still remember that
there has been a long history, by coincidence, of the Spanish Government creating
problems whenever negotiations involving Gibraltar are underway. This latest episode must
make one wonder if it reflects a new round of arm-twisting by Madrid to try and extract
further concessions from Gibraltar in the alleged remaining 1% still to be settled of the
airport deal.”
The Opposition added that “independent of the legitimate doubts that may rise in people’s
minds in the light of the Spanish attitude of allowing Malaga-Gibraltar flights following
diversions, what it puts into perspective is the whole approach of Spain to the question of
the restrictions imposed against Gibraltar where the temporary relaxation of such
restrictions is presented as exceptional acts of goodwill.
When they behave as normal neighbours, in a manner that is consistent with normal
practice between EU neighbouring states, we are supposed to throw street parties at their
so-called exceptional acts of good will.”
xxxxx
KENT TAKES OVER THE MED
The Bland Group announced yesterday that Joss Kent would be taking on the role of non-
executive director of their interests in the Western Mediterranean, including Blands in
Gibraltar.
He will also continue to be actively involved in Cadogan Holidays, the Group’s UK tour
operator. Earlier this month, Mr Kent was appointed Chief Operating Officer of the
international travel company, Abercrombie and Kent, established by his father Geoffrey
Kent and now owned by the North American corporation, Intrawest, one of the world’s
 11

leading destination resort and adventure travel companies. He will take up this role in
January 2006. Blands Chairman, James Gaggero, said he was “delighted that Joss would be
able to contribute to the continuing success of the Bland Group’s activities in the Western
Mediterranean, as well as Cadogan in England.”
xxxxx
Spanish port blockade
GIB CLEARS CRYSTAL PASSENGERS
A major logistical operation was put in motion yesterday after the cruise ship Crystal
Serenity made an unscheduled call at Gibraltar to avoid a blockade at the port of Barcelona.
The ship was unable to call at the northern Spanish port because fishermen had blocked the
entrance as part of nationwide protests against the high cost of fuel.
The cruise ship, which is operated by Crystal Cruises, had been due to carry out a
turnaround operation in Barcelona, meaning it should have discharged on load of
passengers and embarked another.
Yesterday, that operation was carried out in Gibraltar instead.
Paul Imossi, director at Smith Imossi, the local agent for Crystal Cruises, said about 700
passengers were ferried from the ship to Málaga airport, from where they were flown to
Barcelona to connect with their final flights home.
A further 900 passengers due to embark in Barcelona were flown to Málaga and then
coached down to Gibraltar, where the ship was waiting.
"Everything has worked smoothly," Mr Imossi told the Chronicle.
The fishermen's protests in Spain brought major ports on the Mediterranean and Atlantic
coasts to a standstill for several days. Early yesterday morning, officials in Gibraltar had
thought that additional passenger ships might make their way to Gibraltar if the protests
continued.
But most of the blockades were finally lifted last night an 18-hour negotiation with the
central government in Madrid, which agreed to increase fuel subsidies to nearly 10 cents
per litre.
xxxxx
Monarch incident: no policy change by Madrid, says Pons
MALAGA-GIB ACCESS ON ‘CASE BY CASE’ BASIS
Spain’s refusal to allow Wednesday’s diverted Monarch flight to go straight to Gibraltar
airport from Malaga does not reflect any change of policy on Spain’s part, Jose Pons, the
Spanish Foreign Ministry’s Director for Europe said yesterday (Dominique Searle reports).
Sr Pons told the Chronicle that there was no novelty in this and that what Madrid had
authorised had been the use of Malaga as an alternative when aircraft could not land at
Gibraltar. “This was done,” he said
After the September incident, when a GB Airways flight was allowed to fly straight back,
Mr Caruana said the direct flight from Malaga was a development that could be read in the
context of the improved climate created by the tripartite process of dialogue.
A year ago almost to the day the Anglo-Spanish statement that started the tripartite process
stated in its annex that Spain would “allow the inclusion of Spanish airports as alternative
airports in the flight plans whose final destination is the airport of Gibraltar”.
But Sr Pons emphasised that direct flight for diverted aircraft were only being considered
on a case by case basis and that in the September incident this had been in the context of
the Gibraltar radar being down and a diversion after landing had not been possible because
of the weather.
“We did not convert it into a norm although we are working towards making this possible,”
he said explaining that this would be envisaged in the context of an overall airport
agreement.
“There is no change in the Spanish position,” said Sr Pons adding that people should not
read any “strange manoeuvres” into the decision on Wednesday.
Yesterday it was confirmed that the British Embassy in Madrid has raised with the Spanish
Foreign Ministry the issue of Spanish military aircraft having operated outside their
designated exercise area after this disrupted Thursday’s Monarch flight from Luton to
Gibraltar. However Sr Pons said that he is still awaiting a series of reports including from
the military, Spanish civilian aviation, the pilot and Monarch. But he said that when the
flight had arrived in Malaga there had not been any report from the pilot other than of low
 12

visibility in Gibraltar.
“As far as I know there had not been any danger to anyone.”
xxxxx
SPAIN STILL PRESSING UK ON SUBMARINE REASSURANCE
Jose Pons, director for Europe at the Spanish Foreign Ministry, this weekend said that
Spain cannot stop vessels from docking at the British naval base. But he said that Madrid
will continue to press for a written reassurance that it will not be UK policy to take troubled
nuclear powered vessels to the Rock.
xxxxx
EXCLUSIVE: Spanish negotiator at forum analyses relations with Gib
PONS ATTACKS NATIONALISM AND THE DYNAMICS OF FEAR
• Gib airport and Algeciras port could lead regional economic boom
F. Oliva reports
Spain's Director General for Europe Jose Pons yesterday declared that the time had come
for the three sides involved in the Gibraltar question to show "political, human and mental
courage." Quoting one of the founding fathers of the European Union Jean Monet, Sr Pons
said the three sides had to think that "the future belongs to all."
During an end of term conference for law students at the University of Cadiz on Friday
night, Sr Pons declared that in the face of an anomaly such as the existence of a colony like
Gibraltar, it was important that "at least people on both sides could get on with their normal
business, obtain benefits and not just the disadvantages of an anomalous situation."
And he said the function of the Tripartite Forum after the tensions and verbal escalation of
the Tercentenary, was "to search for normality for citizens in a situation which is anything
but normal."
Sr Pons argued that isolated, inconvenient problems as may come up occasionally, should
not be magnified or be seen as throwing the current diplomatic process into a crisis.
Referring to the Monarch flight diversion, he said the Spanish Foreign Ministry was still
investigating the incident, and reiterated that important and much wider matters were still
under negotiation.
But Sr Pons assured Gibraltarians that there was no-one in the Spanish Foreign Ministry
who woke up each morning with the malicious thought 'what can I do today to harm the
Rock?' or believed in making life as difficult as possible for Gibraltar.
"We are all European citizens with rights and there is much more that unites us than
separates us. Spain does not intend to impose or bully anyone. This is not the political
reality we move in."
He also called for the emergence of a new relationship that can be built on mutual
understanding, respect, the need to overcome permanent frustration and confrontation, and
not based on "the dynamics of fear that does not lead anywhere."
Sr Pons said that if we carry on the way we are, "we can look forward to another 300 years
of sovereignty claim, more disagreement, more obstacles and more problems for all."
He argued: "The future of Gibraltar is not independent of Britain and Spain [whatever some
may want], because we have the Treaty of Utrecht and UN resolutions that say what they
say, and not what some others would like them to say. That is the reality."
Sr Pons said Gibraltar is not a nation nor a state, but a non-self governing territory that has
its rights. However, these rights are not exercised in a vacuum, and have to be placed in a
political, legal, social, and human framework that cannot be done away with.
"Obviously everyone can ask for the moon, and they have the theoretical right to do so. But
to ask for what cannot be attained simply produces a feeling of melancholy. One cannot
lose sight of what the terms of reference are."
He continued: "Clearly, Spain could not one day fulfil its aspirations without taking
account of Britain's legal and political realities and therefore against the will of the people
of Gibraltar. At the same time, Gibraltar could not achieve its aspirations without counting
with Spain."
Sr Pons said that Britain's obligation to negotiate with Madrid to resolve a colonial
situation did not nullify or eliminate the people of Gibraltar, and it was absurd to think
Gibraltarians were citizens without a voice, without feelings or without preferences. The
great challenge, he remarked, is to find "a meeting point" between the demands of all the
sides.
 13

"There is something that certainly unites us above all: to achieve prosperity and progress
for the region," he declared.
THE TRIPARTITE FORUM
Sr Pons proposed that the role of the Tripartite Forum be analysed in the negative and
posed the questions "where and how would we be if the Tripartite Forum did not exist?
What was the situation a year and a half ago?" which he then proceeded to answer.
He said the prevailing political climate was one of confrontation and disagreement, even of
insults, [recalling how the Chief Minister had been called an ape], where it was impossible
to negotiate or advance on any issue and with our backs turned on each other.
By contrast, now all sides were talking, working to obtain practical and beneficial
agreements and sharing an interest in the well being of citizens on both sides.
This was being done, he continued, without any side giving away their basic positions and
without any violations of what diplomatic jargon calls "the red lines."
"The forum works, it is going to yield results and the measure of success that is obtained
depends only on its participants," he declared.
Sr Pons said that if we achieve a good airport deal and reached a good co-operation
agreement between the ports of Gibraltar and Algeciras [the latter would require a strong
legal basis which would allow it to operate], plus modern road and railway infrastructure to
the area, "it would be possible to imagine a much better communicated zone with a large
space for the re-export of goods that would generate important [valued added] benefits to
the region."
He said it was this type of thinking that could generate practical results, wealth and
economic development that was of interest to the citizens, and welcomed the constructive
approach from Chief Minister Peter Caruana and the British Government.
Sr Pons proclaimed that the present was "a time for hope," while the future should be seen
as one of "coming together."
NO TO NATIONALISM
We should all work so that the future is "a future of agreement" where we discard
everything that has proved to be useless.
"Nationalism," he said, "is no good. Neither Gibraltarian nationalism nor Spanish
nationalism in exacerbated form. This only produces ideological and emotional
entrenchment, fear and frustration and that is precisely what we all have to overcome."
He said the first thing that nationalists do is to "invent a past" that never existed, make
claims that are wholly impossible in the present, and imagine a rosy, marvellous future
which is unattainable.
"That cannot be the basis to build a future of agreements," he stated.
Sr Pons went on to analyse the emergence of nationalism in Gibraltar and attributed it to
the frontier closure of 1969, noting that the Spanish Government had been moved by
"healthy and unhealthy" reasons just as there were healthy feelings and more complicated
feelings on the Gibraltar side.
"But that does not get us anywhere," he declared.
THE TREATY OF UTRECHT
Sr Pons said that at the risk of stating the obvious, some things needed to be said. Firstly
that Gibraltar was not Spanish "even though not everyone follows this line of thinking and
some in Spain might think it is, but that we cannot have the Rock in our hands."
He said the territory - except the isthmus - had been ceded under Utrecht to Britain in
perpetuity (article 10) in 1713, while Spain had been granted first option to recover it if
Britain ever wanted to relinquish possession. From that point of view, there can be no
further discussion.
Secondly that Gibraltarians "do not have to naturally want to become Spanish", since
nobody wants to modify the features of their identity or the legal status that identifies them,
and that can only happen through a process of consent not by decree.
"We should not think that by saying why don't they want to be Spanish - this is something
we can analyse at a later stage - that they are going to become Spanish. It is not a natural
process," he said.
Thirdly, he referred to the existence of two Gibraltars, the fortress and castle ceded under
Utrecht, and the isthmus that was subsequently occupied by Britain and for which it has no
legal title to justify sovereignty rights.
Sr Pons said it was an incorrect interpretation to deny historical validity to the treaty,
because some of its aspects such as the ban on Jews and Moors taking up residence in
 14

Gibraltar, are no longer valid or make any sense.

"If Utrecht did not exist, tomorrow we could send in the Guardia Civil or the army to
recover territory that was occupied by a foreign power during a war, to regain it in the same
way even if it was 300 years later. Clearly, that is not our intention in any way."
Sr Pons argued that the treaty was still valid because it was recognised by the British
Government, the United Nations, and the international community and that to refuse to
accept this leads to frustration.
BRUSSELS AND AIRPORT AGREEMENTS
The Spanish diplomat later referred to the Brussels Agreement of 1984 which was the first
time UK had agreed to initiate a process that included not just negotiations of sovereignty
in the plural, but also a mechanism for cross-border co-operation.
However, he noted that when this is "demonised" by Gibraltar the second chapter of the
agreement which refers to the setting up of co-operation and dialogue between the Campo
and the Rock, is ignored or forgotten.
Some people had also believed that with the opening of the frontier it would be easier to
reach agreements since Spain was now a democracy. However, this had turned out not to
be the case.
He said that within the climate of frustration some optimism was generated as a result of
the 1987 Airport Agreement but eventually this also failed to materialise as it was vetoed
by the local government.
The election of the GSLP government puts an end to Gibraltar participation in the UK
delegation.
Now as a result of the tripartite forum negotiations on the airport, Sr Pons said he had
found out many things from that time, and was making sure they did not repeat the same
mistakes.
A new joint use airport agreement was "on course" and could be just months away, he
added.
PENSIONS AND FRONTIER FLOW
Sr Pons concluded his intervention expressing confidence that a once and for all solution
acceptable to the three sides for the payment of updated pensions to former Spanish
workers on the Rock would be agreed by the forum. He said this was a sensitive human
issue of maximum priority.
As regards frontier flow he said it was impossible to avoid congestion at peak times like in
any other city, but with goodwill and resources the delays would be improved. Greater
mechanisms for police co-operation were also envisaged toward this aim.
Gibraltar, he said, could contribute to alleviate the traffic density by increasing taxation on
alcohol and tobacco. Conceding that governments can run their affairs as they want, he
remarked that nowadays tobacco should not be a mainstay of an economy. Progress
towards an element of solution on the issue of telecommunications was also coming
through.
xxxxx
NOVEMBER
Pons spells out “lights and shadows on Gib”
NEVER AS CLOSE TO A DEAL AS IN 2002, SAYS TOP SPANISH DIPLOMAT
Spain’s Director General for Europe Jose Pons has declared that “we had never been as
close to an agreement as we were at the time of the 2002 joint sovereignty negotiations.”
However, Sr Pons has expressed the hope that “we can get even nearer this time.” He also
described Gibraltar as an extremely sensitive issue for Spain and that the sovereignty claim
was a permanent feature of Spanish foreign policy. Sr Pons acknowledged that history
cannot be altered or re-written, it would be a mistake to try and change it, and must be
assumed as what it is, “with the good and the bad, the things we got right and the errors that
we made.”
And speaking about the future, Sr Pons said we must learn from history so that “we can
build something of which we are proud.”
In his exposition of Spanish diplomatic thinking on the Gibraltar question at the University
of Cadiz, Sr Pons reviewed the 300 year old dispute giving a century by century account of
major events, with special emphasis on its historical, political and legal aspects.
Gibraltar he said had also been a permanent “irritant” that distorted and conditioned Anglo-
Spanish diplomatic relations, and noted how in the past 20 years Spain had held bi-lateral
 15

summits with all other major European countries except UK.

Sr Pons regretted that relations with Britain were not more intense and meaningful and that
this was “a kind of punishment in bi-lateral exchanges because of the Rock.”
For Spanish ministers it had been a stone in the shoe for ever, while for their UK
counterparts, a twice yearly visit to the dentist for a tooth extraction.
Referring to a recent Chronicle editorial about the Rock battle-scene engraving that
decorated an office in the Spanish Foreign Ministry, Sr Pons said that the building is
undergoing works and in the meantime as he has changed office, he misses the portrait and
cannot wait for it to be back.
The capture of the Rock, Treaty of Utrecht, Spanish UN doctrine, and what he described as
“the lights and the shadows” of Spanish attitudes toward the Rock came under discerning
scrutiny.
He also analysed Gibraltar’s evolving position in the European Union, the origins of the
Brussels Agreement, the separate treatment and development of the claim on the isthmus,
the lead-up to the co-sovereignty agreement “carried out at lightning speed,” and the
breakdown in relations after the 2002 referendum.
xxxxx
GSLP reacts to Pons lecture
GIB AND SPANISH IDENTITIES WILL NEVER BE FUSED, SAYS BOSSANO
Leader of the Opposition Joe Bossano has rejected the lecture on Gibraltar by Spain’s
director general for Europe Jose Pons as a “distorted view of history and reality.” Mr
Bossano also defends local nationalism from Sr Pons’ criticisms and describes it as “the
emergence of a national consciousness among the Gibraltarian people which goes back a
long time in our history.” The GSLP/Lib leader argues that the only basis for a true
friendship between “the Gibraltarian nation and the Spanish nation state is accepting each
other’s separate and distinct identity which will never be fused.”
In a statement the Opposition said: “We note the strong views against “nationalism”
expounded by the Spanish negotiator in the “trilateral forum” Jose Pons at a meeting in
Algeciras where he was preaching to the converted. Mr Pons, whilst going out of his way
to try and demonstrate how different Spain is today from what it was in the past, then went
on to defend the Treaty of Utrecht as the foundation stone of Spanish policy on Gibraltar.”
“He responded to the position taken by Joe Bossano in the United Nations, that the Utrecht
is an out of date, defunct Treaty which was predominantly about slavery and which was
used by Spain to legitimise its indefensible position on Gibraltar. Mr Pons went as far as to
say that although Spain is today by implication too civilised to invade us and attempt a
“Reconquista”, what is stopping them is not apparently the British obligation to defend
Gibraltar, in the same way as they defended the Falkland Islands in 1982, but the fact that it
would be illegal to do so under Utrecht.”
“Mr Pons needs to brush up his knowledge of Spanish history. Otherwise he would be
aware that Spain tried to take Gibraltar back by force on numerous occasions, in breach of
the Treaty of Utrecht, and they were defeated, so there is no evidence that respect for the
Treaty is what has kept Spain at bay in the past. One can only assume that like other
attempts by Mr Pons himself and some of his predecessors, this is an attempt to influence
Gibraltarian opinion so that we see the Treaty as something that legitimizes the British
presence in Gibraltar and protects us against Spain’s aggressive tendencies. The Opposition
rejects this distorted view of history and reality.”
“Mr Pons also has strong views about Gibraltarian nationalism, equating it with Spanish
nationalism. Gibraltarian nationalism is in fact the emergence of a national consciousness
among the Gibraltarian people which goes back a long time in our history to the beginnings
of the foundations of the AACR and the efforts of Sir Joshua Hassan. If Mr Pons was
familiar with the history of Gibraltar, he would know that we have trodden the same path as
every other British colony in this emergence of a sense of identity and the expression of
nationalism as a way of emerging from colonial rule. Again this was the point made by Joe
Bossano in his recent speech to the 4th Committee which Mr Pons appears to be keen to
counteract.”
“This is not the equivalent of the nationalism of the central Government in Madrid which
has to do with frustrating the aspirations of the national identity of the different peoples that
make up the Spanish state, and in the past with imperial aspirations outside Spain’s
frontiers. That central Government right-wing nationalism certainly should have no place
 16

in the modern Spain and its international dimension appears now to be reduced to the
“Reconquista” of Gibraltar.”
“There is a different kind of national identity within the Spanish state of which Mr Pons
seems to be unaware notwithstanding the fact that it is playing a pivotal role in the debate
on the Spanish constitution. This is the sense of national identity of the Catalan people,
whose links with Gibraltar go back to their participation in the 1704 conquest of the Rock
and who are in fact seeking a new constitution which recognizes that they are a nation in
their own right. This kind of nationalism, far from being dead, is on the increase in Spain
but is not designed to impose itself on anyone else or deny their national identity. It has
nothing to do with absorbing into Spain a territory that ceased being part of Spain 301
years ago, and which will never again be incorporated into the Spanish state.”
“Therefore Mr Pons should advise his Government that the only basis for a true friendship
between the Gibraltarian nation and the Spanish nation state is accepting each other’s
separate and distinct identity which will never be fused. In any event, if Mr Pons finds the
concept of Gibraltarian nationalism so objectionable, perhaps he should raise it at the next
meeting of the “trilateral forum” given that it was Mr Caruana who went out of his way to
tell our people at Casemates on 10 September this year that we are a nation.”
xxxxx
ROYAL HOSPITAL CHELSEA
General Sir Michael Walker will succeed General Sir Jeremy Mackenzie as Governor of
the Royal Hospital, Chelsea with effect from October 1 2006.
xxxxx
FOGHS; VISIT TO THE FOREIGN OFFICE
The FOGHS was fortunate in being granted a slot to see round the Foreign and
Commonwealth Office. Graham Barnet showed the party round and was a brilliant lecturer
whose love for the building, its architecture, the furniture, paintings and floor coverings
was apparent with every sentence spoken. As a bonus the party was taken into the former
East India Company’s managing director’s office (now occupied by a junior minister and
then the office of the secretary of state. The former office has the unique feature of having
two doors side by side which were used to enable two Indian princes of equal rank to enter
simultaneously. The latter is the size of a badminton pitch and looks out over St James’
Park. One member of the party had been in this office several times on official business and
his experience of foreign secretaries and ranged from the diminutive Michael Stewart to
Douglas Hurd.
FOGHS members present were: Field Marshal Sir John and Lady Chapple, Mike and
Brenda Brufal, Vivian Azzopardi and John Mattison, Stuart and Conty Brown, Jock
Craven, Maggie Galliano, Maximme Torrents del Prats, Colonel Peter and Anne Watson,
Maurice and Marianne Xiberras, Alexandra Gaggero, Clare Campbell-Lamerton.
xxxxx
PRINT
David Duggleby, the Scarborough auctioneers, recently put up for sale a print, 50cms x
77cms, published in 1799, engraved by W. Sharpe. It was after the painting by John
Turnbull of the Sortie to destroy the French and Spanish floating batteries made in the
morning of 27 November 1781. The print had been purchased at auction from the effects of
the late Earl Minto whose family name is Eliott. The garrison was under the command of
General George Eliott.
The print sold for £100.
xxxxx
MOMY LEVY
The Jewish Chronicle reports that Gibraltarian, Solomon Levy, laid a wreath of poppies
shaped as a Star of David at the 71st Ajex remembrance parade at the Cenotaph.
xxxxx
THE PEOPLE
The People is advertising its own ‘Christmas Shopping Cruise to the Sun’ with calls at La
Coruna, Cadiz, Gibraltar, Tangier, Lisbon and Vigo. Those participating are advised to
buy tax-free cigarettes and spirits in Gibraltar. The advertisement is dominated by a
photograph of the Rock.
xxxxx
 17

PAPAL VISIT TO SPAIN

A senior Vatican official confirmed that Pope Benedict XV1 will attend the Fifth World
Meeting of Families next July. This will be held in Valencia.
xxxxx
THE NEWS OF THE WORLD
The News of the World is also offering its readers a cruise south to the sun. This uses
another photograph of Gibraltar to illustrate the cruise. This goes to Lisbon, Algarve,
Gibraltar, Tangier, Cadiz, Vigo and La Corunna. Gibraltar is described as having the
advantages of a foreign country yet with all the familiarity of home.
xxxxx
RABBI DR ABRAHAM LEVY
The Spanish Ambassador, the Conde de Miranda, hosted a lecture about Maimonides at the
Instituto Cervantes. This was delivered by a Spanish Professor. Afterwards 100 guests
were invited to the Spanish Embassy for a glittering reception at which Rabbi Dr Abraham
Levy was invited to talk about Maimonides who was born in Cordova.
xxxxx
GB AIRWAYS
GB Airways is to launch direct twice weekly scheduled flights to Dalaman in Turkey in
May 2006.
xxxxx
DAILY MAIL EXPLAINS
A letter of complaint was written about the misnaming of the Strait of Gibraltar in
a recent travel article. The Travel Editor failed to reply let alone publish a correction.
Robin Esser, Executive managing Editor, writes; I am very sorry that the Travel
Editor has not replied. He is normally very punctilious in responding but he has just left the
Daily Mail for promotion elsewhere. I must apologise that he did not make arrangements to
see all his post was dealt with.
We do have sub editors whose task it is to correct such mistakes before
publication. However I fear this one passed through due, I believe, to the pressure of time
when this page was changed some minutes before deadline.
I have pointed out the error to the department and the senior executive concerned
and made sure the record is corrected’
As can be see from this photograph the same mistake is repeated at the top of the
cable car. Should Gibraltar also put its house in order?
xxxxx
ADMIRAL LORD NELSON
After the unveiling of the statue John Doubleday drew the editor’s attention to two
features that so far have gone un -remarked. The first is that Admiral Lord Nelson sported a
pigtail, a fact which many are not aware; the second the size of his muscular calves which
is due to the many years spent standing on deck. Both can be seen on the statue.
xxxxx
HELP PLEASE
Jim Clark writes from Skegness to ask what has happened to the old Spanish fountain that
was used a font at the Sacred Heart Church? This fountain had played a key role during
the Great Siege and is very much a part of Gibraltar’s heritage.
Jim also has two photographs of Archbishop Peter Amigo taken during a visit to
Richmond.
xxxxx
STICKERS
Eileen and Roger Hume report that during a visit to the Launceston Steam railway station
they found a ‘Keep Gibraltar British’ sticker stuck onto one of the upper panes of glass on
the buffet entrance door. The buffet manager said that he did not know who had stuck it
there but it remained because it was a cause well worth supporting
xxxxx
LIGHT-TOUCH FUND STRUCTURE
International Investment magazine reports that Gibraltar has become the latest
offshore centre to allow the establishment of funds for professional investors which have
less onerous registration requirements than retail funds.
Experienced Investor Funds (EIF) are designed for professional, wealthy and
experienced investors. The investors in these funds need to have a net worth in excess of 1
 18

million euros or the fund has to have a minimum investment of 100,000 euros.
xxxxx
ARCHBISHOP PETER AMIGO
The paragraphs about the proposed plaque to be erected in honour of Archbishop
Peter Amigo have resulted in almost all the money being raised.
Many mebers have commented on the Archbishop’s efforts on behalf of the
evacuees during the Second World War. He frequently attended the camps and schools in
London. Furthermore he helped arrange for special temporary schools to be set up
including one inside the Victoria and Albert Museum. Several groups of Gibraltarians were
confirmed by Archbishop Peter Amigo. He also took a leading role in persuading the
British Government from sending evacuees from the Mother Country to the West Indies.
He considered the proposed merchant ships to be unsuitable in addition to the danger from
U boats.
xxxxx

ANGLICAN BISHOP OF GIBRALTAR

The Universe published a photograph of Archbishop Nichols, Bishop Geoffrey Rowell,
Denis Riches, Peter Jennings, Father Chavasse, Father Robert Byrne and Abbot Cuthbert
Johnson at the press launch of ‘Benedict XV1 and Cardinal Newman’.
The Anglican Bishop of Gibraltar is a leading expert on Cardinal John Henry Newman.
xxxxx
PEREZ TO BE NEW ROYAL GIB REGIMENT CO
Major John Perez will be the next Commanding Officer of the Royal Gibraltar Regiment
and assumes command early in the New Year, 6 January 2006. The announcement of his
future appointment was officially released by British Forces Gibraltar on Friday. On his
appointment Major Perez MBE will be promoted to Lieutenant Colonel.
xxxxx
PARISH MEP SET TO CHALLENGE REFINERY
The Conservative MEP for the South West and Gibraltar is taking up the concerns about
the Campo refinery with the European Commission. Neil Parish MEP was in Gibraltar
yesterday and met with representative of the Environmental Safety Group (ESG).
Mr Parish who visits Gibraltar some four times a year is investigating the standards at the
CEPSA refinery and has claimed that they are shrugging off regular fines from the
European Commission because of the profitability given high oil prices. According to Mr
Parish a similar refinery in Denmark is currently undertaking considerable work to reduce
its impact on the environment.
He told the Chronicle that the refinery is fined twice a year but nothing is happening.
“The fines have to be ratcheted up,” he says adding that they should be forced to follow the
Danish example to cut emissions and be more environmentally friendly.
Mr Parish will be talking with Danish MEPs to pursue this issue. “Once I have the detail I
will be presenting the information to Stavros Dimas, European Commissioner responsible
for Environment,” said Mr Parish who believes that simply imposing a fine hardly makes a
commitment to the environment.
“Getting improvements to the refinery would be good for the people of Gibraltar and those
in the Campo.”
Mr Parish was also meeting with a constituent who raised the issue.
Meanwhile he is convinced that having directly elected representatives has improved
Gibraltar’s representation in that Commission officials have to take greater notice and are
directly answerable. “If I ask to meet a Commissioner he will meet me within 10 days,”
says Mr Parish who will be meeting with Glynn Ford MEP (Lab) and Graham Watson
MEP (Lib Dem) to discuss the refinery. The MEP works with his Labour and Liberal
democrat colleagues for the region and expects that they will be able to pursue this issue on
a consensus basis to reduce the pollution levels.
On other issues the MEP is convinced that, so long as British sovereignty is safeguarded an
agreement on the airport would be a good opportunity and could attract financial support
from the European Commission. “Sovereignty is not up for grabs,” he says adding that at
the same time he tells Spanish colleagues in the parliament that a more conciliatory
approach will help resolve problems.
Mr Parish says he is now beginning to hear increasingly from Gibraltar constituents. His
 19

website is: www.neilparishmep.org.uk

Neil is a farmer and continues to live on the 300 acre family farm in Pawlett, Somerset,
which he has helped to run since he was sixteen.
xxxxx
DECEMBER
UK TRIPARTITE TALKS MAN TO BE MADE HIGH COMMISSIONER
Dominick Chilcott, the UK diplomat at the current tripartite talks is to be promoted to a
new mission, the Chronicle has learned. It is understood that after April 2006 Mr Chilcott is
to be made British High Commissioner in Sri Lanka. Prior to his current position Mr
Chilcott came very close to being made Deputy Governor at Gibraltar but then took a
different posting.
xxxxx
GOVERNOR RESPONDS TO OPPOSITION OVER SPANISH FISHING
Governor Sir Francis Richards has responded to calls from the Opposition regarding
Spanish fishing in Gibraltar waters. In a statement yesterday afternoon the Convent said
that it had seen comments by the GSLP/ Liberal alliance on the claim by EFSA, Gibraltar
that Spanish commercial fishing vessels have been fishing in British Gibraltar Territorial
Waters.
“There is an Agreement dated 3 February 1999, which was made public at that time and is
publicly available now, between the fishing sector of the Campo de Gibraltar and the
Government of Gibraltar on this issue. This Agreement is consistent with respect for
Gibraltar legislation; the Royal Gibraltar Police are well aware of their obligations in this
context, which they fulfil actively and conscientiously,” said the statement.
The fishermen had complained about Spanish commercial fishermen using drift nets in the
waters around the Rock.
xxxxx
After Madrid alleges non-cooperation
FOREIGN OFFICE DEFENDS GIB STANCE ON CRIME
• Gib ready to discuss crime co-operation at talks
UK Government has rejected allegations by the Spanish Interior Ministry that Gibraltar is
not responding in the fight against crime. It confirmed that the British Embassy in Madrid
will raise these latest allegations with the Spanish authorities. And it has been confirmed
that co-operation on tackling crime is an issue Gibraltar is ready to raise at the trilateral
forum.
A Foreign Office statement noted the recent statement from the Spanish Minister of Interior
in response to a Andalusian parliamentary question that the Government of Gibraltar has
offered “practically nil collaboration” in helping the Guardia Civil to pursue investigations
relating to “money laundering, tobacco smuggling and fraud”.
In its statement the UK Government says that it fully supports the actions taken by the
Government of Gibraltar in tackling organised crime “including by keeping abreast of
evolving international standards. Gibraltar’s legislation meets with all current EU and
international requirements in this field, as do police, judicial and administrative procedures
for enforcement.”
The UK Government also said that it noted that effective communication between Gibraltar
and Spain is complicated by the arrangements that require all formal communications
between Spain and the Gibraltar competent authorities to pass through a third party.
“Co-operation to tackle organised crime would be much improved if the Spanish
authorities were to agree to speak directly to the competent authorities in Gibraltar. The UK
Government understands that, in the spirit of trilateral dialogue, Gibraltar is ready to meet
Spanish officials to clarify co-operation procedures.”
“The UK Government also notes, as the Gibraltar Government has already done, that
Gibraltar has responded positively to each and every request from Spain for judicial or
police assistance that complies with the relevant international treaty and bilateral
agreement.”
xxxxx
DEAD SERVICEMAN CONFIRMED RAF - MOD
The Ministry of Defence yesterday confirmed that the dead serviceman found in Devil’s
 20

Tower Camp on Monday was a member of the Royal Air Force stationed in Gibraltar.
“We can confirm that a member of the Royal Air Force serving in Gibraltar has been found
dead in their accommodation,” said Headquarters British Forces Gibraltar in a statement.
“The cause of death has not yet been confirmed.”
“The next of kin have been informed but they have requested a period of grace before
further information is released.”
xxxxx
GOVERNMENT STANDS BY 1999 FISHING AGREEMENT
Peter Caruana, the Chief Minister, said the government stood by the 1999 agreement
allowing Spanish fishermen to fish in Gibraltar waters, adding that there were no plans to
change it.
Speaking to the Chronicle during a reception at the Cormorant Camber Boat Owners’ Club,
he also questioned why the GSLP/Opposition had highlighted the issue six years after the
agreement was signed.
“The agreement is clear,” he said.
“It’s there, people can see it, people can see what it allows and what it doesn’t allow.” “The
government is not going to enter into a polemic.”
“We are content with the agreement, we ratify the agreement, we have no intention of
changing it [and] we have no intention of asking the governor to ask the RGP to alter the
policing approach, which we think has worked very well for Gibraltar.”
“I think the police have been responsible and are to be congratulated.”
“I hope that they continue to police the agreement in the way that they have been doing
over the last six years, which has been hugely in Gibraltar’s interests.”
The issue hit the headlines last week after the European Federation of Sea Anglers
complained to the RGP over commercial fishing in Gibraltar waters by Spanish boats using
‘illegal’ drift nets.
That prompted a statement from the GSLP/Liberals, which in turn generated reaction from
the Chief Minister last night.
“There have been Spanish fishing boats fishing in compliance with the agreement on a
daily basis since 1999,” he said.
“The opposition, unless all they know how to do is jump on other people’s bandwagons,
didn’t have to wait for the EFSA statement to comment about the fishing agreement if they
had wanted to.”
“I think everyone in Gibraltar welcomed that the agreement put an end to what was a very
unpleasant crisis.”
“The government of Gibraltar stands by it and regrets that there are people who, for reasons
better known to themselves, think that this is a good opportunity to try and create
problems.”
xxxxx
CARUANA REJECTS SPANISH POSITION OUTRIGHT
Peter Caruana, the Chief Minister, last night categorically rejected any suggestion that
Gibraltar does not co-operate fully with Spain on law enforcement matters.
“If the Spanish government is saying that the Gibraltar government or the Gibraltar
authorities do not cooperate with Spain in the way that we co-operate with all other
European and international countries…then that is simply not true,” he told the Chronicle.
Mr Caruana also expressed surprise at the manner in which the matter had been raised,
adding that Spain had never complained about this issue despite many meetings over the
past year within the context of the trilateral forum.
“If they were concerned [about this], they’ve had many opportunities to raise it with us,
[either] in the trilateral forum, [or] bilaterally with the UK, and they have not done either,”
Mr Caruana said.
“If the Ministry of the Interior in Spain believes that the co-operation between Gibraltar
and Spain is not working as they would like it, then I would urge them to raise it with the
government of Gibraltar and not complain about it in the press.”
Spain had raised some concerns within the tripartite forum about the so-called post box
system through which the communications between Spain and Gibraltar go via the UK.
But those concerns did not relate to law enforcement issues.
Mr Caruana said that as long as the requests made through that system were “properly
 21

addressed”, then Gibraltar always treated them promptly in line with international rules.
It is here that the problem might lie, however, in that some past requests for information
have been wrongly addressed to the UK authorities because Spain fails to formally
recognise Gibraltar’s own authorities.
“What we will not do is genuflect to their refusal to recognise our constitutional authorities
by pretending that Gibraltar has no police force of its own, that Gibraltar has no customs
department of its own, has no court system of its own, insisting on pretending that the UK
system is the one responsible for Gibraltar and then expecting Gibraltar to comply,” Mr
Caruana said.
“That is not the UK’s definition of compliance, and it’s not ours, because we would lose
the protection of the international treaties and local laws.”
xxxxx
Fight against crime and tax fraud
MADRID INSISTS ‘GIB NOT CO-OPERATING’
The Spanish Government has challenged Britain over what it alleges is its failure to
provide information and evidence from Gibraltar in support of the Guardia Civil in the
battle against organised crime, money laundering and tax evasion.
Madrid last night restated the view, expressed in the Andalusian parliament last week, that
information being sought by its policing authorities in the fight against crime, including
fiscal crime, is not forthcoming from Gibraltar.
Peter Caruana , Chief Minister, and the British Government have roundly rejected the
allegations.
In what was a direct response to the Foreign Office position, the Spanish Foreign Ministry
issued a press release that clearly reinforced the reply given by the Spanish Interior
Ministry last week to an Izquierda Unida parliamentarian, Antonio Romero, where they
stated that there was “almost no co-operation from Gibraltar at all”.
Madrid has clearly taken exception to Britain’s “positioning itself as a third party” in what
Spanish officials see as London distancing itself from arrangements to which it is an
integral part. It said that the arrangement of the competences is one of Britain’s own
making, an obvious reference to the Constitutional position.
Spain makes such requests through the British Government in what is known as a ‘post-
boxing arrangement’ devised to circumvent political sensitivities. Spain asks London and
London asks Gibraltar and then the information trails back that way.
In the statement yesterday Madrid “totally” confirmed the statements by the Interior
Ministry and the view that there is “hardly any co-operation.”
It went on to say that Spain seeks co-operation from Gibraltar via the procedures agreed
with the UK “as the party responsible for the external relations of the non-autonomous
territory of Gibraltar, by sending official communications, formal legal requests and
petitions through the Foreign Office’s Gibraltar desk.”
It said the issue had been raised in the tripartite forum and, picking up on the Foreign
Office’s statement, the Spanish Foreign Ministry said that it “noted the positive disposition,
as stated by UK, on this matter and looks forward to this translating into a prompt and
efficient co-operation in the battle against organised crime.”
But on Tuesday the Foreign Office has said that the British Embassy in Madrid would raise
these latest allegations with the Spanish authorities.
Madrid has focused carefully on the post-boxing arrangement and equally noted that in the
Ballena Blanca case it had not made requests for information. However, the Guardia Civil
are maintaining that they do not get the flow of information and material they want in
fighting money laundering, nor intelligence on fiscal fraud in the form of people evading
tax due to ‘Hacienda’.
It was in fact on police and judicial co-operation that the first version of ‘two flags, three
voices’ talks was attempted during the GSLP Government’s office under the so called
‘Seville process’ which collapsed after several attempts at the time when Cesar Braña was
Gobernador Civil of Cadiz.
A Foreign Office statement on Tuesday said that it fully supports the actions taken by the
Government of Gibraltar in tackling organised crime “including by keeping abreast of
evolving international standards. Gibraltar’s legislation meets with all current EU and
international requirements in this field, as do police, judicial and administrative procedures
for enforcement.”
 22

The UK Government also said that it noted that effective communication between Gibraltar
and Spain is “complicated by the arrangements that require all formal communications
between Spain and the Gibraltar competent authorities to pass through a third party”.
“Co-operation to tackle organised crime would be much improved if the Spanish
authorities were to agree to speak directly to the competent authorities in Gibraltar. The UK
Government understands that, in the spirit of trilateral dialogue, Gibraltar is ready to meet
Spanish officials to clarify co-operation procedures.”
“The UK Government also notes, as the Gibraltar Government has already done, that
Gibraltar has responded positively to each and every request from Spain for judicial or
police assistance that complies with the relevant international treaty and bilateral
agreement.”
xxxxx
HERITAGE TRUST DECRIES ‘RAPE OF ROSIA’
Gibraltar Heritage Trust (GHT) has entered the fray over housing development stating that
affordable housing should and must be built, but well away from such a sensitive heritage
site as the Rosia Bay area. And they have been critical not only to what they see as ‘ironic’
affront to Nelson’s ‘immortal memory’ but also the “multi-storey monstrosity” being built
at the Naval Grounds.
The apparent breaking of silence on these issues appears to have been prompted by
comments in emails being circulated in relation to the South District Committee’s
campaign to halt the development at Rosia development, but this has not been attributed to
the Committee itself.
Campaigners were out yesterday collecting signatures in the Piazza ahead of plans to step
up their protest and in the wake of a meeting with one of the developers.
In a Letter to the Editor entitled by them ‘The Rape of Rosia Bay’ (below), the GHT
trustees describe as “ludicrous”, in heritage terms, the idea of increasing the height of
buildings for parking.
“The Trust is bound to accept the need to build housing for those who cannot afford the
inflated prices of the private housing market, but opposes any building, of any sort, in areas
of heritage value, such as the town area, where it has expressed its views strongly in the
proper forum against the proposal to build a high-rise annexe to The Eliott Hotel.”
The trust is concerned that development will detract from what remains of the heritage of
Rosia Bay, overshadowing
Parson’s Lodge and the Victualling Yard, and further despoiling the area, as well as putting
paid to Gibraltar’s efforts to be named a UNESCO World Heritage Site. The trust also
argues that there are now alternative sites – “Windmill Hill, perhaps, or even, though it
would hardly be ideal, the Naval Grounds, where a relatively modest building, erected out
of concern for those in need of housing rather than to line a developer’s pocket, would be
more acceptable than the multi-storey monstrosity that it has been proposed to build there”.

THE ‘RAPE’ OF ROSIA BAY

Dear Sir,
Monday’s Chronicle carried a front page story on the proposed development of “affordable
housing” on the Rosia Water tanks, and the concerns of the residents of the area, which
seem to centre more on the loss of a view and of parking spaces, than in any Heritage
concerns. The reaction of the developers, ludicrously from the Heritage point of view, is to
offer to increase the height of their proposed building in order to accommodate more cars!
The Trust is bound to accept the need to build housing for those who cannot afford the
inflated prices of the private housing market, but opposes any building, of any sort, in areas
of heritage value, such as the town area, where it has expressed its views strongly in the
proper forum against the proposal to build a high-rise annexe to The Eliott Hotel.
However, an email is being circulated, presumably by certain residents of the area,
accusing the Heritage Trust of apathy in failing to oppose the proposed development. As
far as we can tell, the authors of this email have not shown any interest in Gibraltar’s
heritage in the past, and this reaction would appear to be an example of the NIMBY (Not In
My Back Yard) syndrome rather than any real concern for our Heritage.
The real issue is that such a building would detract from what remains of the heritage of
Rosia Bay, overshadowing Parson’s Lodge and the Victualling Yard, and further despoiling
the area, as well as putting paid to Gibraltar’s efforts to be named a UNESCO World
 23

Heritage Site. It is deeply ironic that this project is announced just after we have finished
commemorating Nelson’s victory at Trafalgar: The Immortal Memory, indeed!
The Government, without any doubt, has the obligation to provide housing, but it also has
an obligation to preserve Heritage for future generations; these two obligations should not
be exclusive. Yes, affordable housing should and must be built, but well away from such a
sensitive Heritage site as the Rosia Bay area, which has already suffered, and continues to
suffer, from the depredations of the developers – Engineer Battery, Nelson’s Anchorage,
Rosia Plaza (do the authors of the emails live there?). There are now alternative sites –
Windmill Hill, perhaps, or even, though it would hardly be ideal, the Naval Grounds, where
a relatively modest building, erected out of concern for those in need of housing rather than
to line a developer’s pocket, would be more acceptable than the multi-storey monstrosity
that it has been proposed to build there.
The Trust fights, and will continue to fight, for the preservation of our heritage. The routing
of the Funicular project has shown how much we can achieve if we enjoy public support.
Those who choose to use it as a whipping boy whenever their own private interests are
impinged on do the cause of Gibraltar’s Heritage no service at all.
Yours faithfully
Board of Trustees
GIBRALTAR HERITAGE TRUST
xxxxx
CARUANA HOPES TRIPARTITE TALKS ADVANCED BEFORE CHILCOTT
MOVE
Peter Caruana, the Chief Minister, this week praised the important role that Dominick
Chilcott, the senior UK diplomat responsible for Gibraltar affairs, has played in discussions
about the Rock.
Mr Caruana was reacting to news that Mr Chilcott had been appointed British High
Commissioner to the Democratic Socialist Republic of Sri Lanka and, in a non resident
capacity, also appointed British High Commissioner to the Republic of the Maldives.
In an interview with the Chronicle, Mr Caruana also expressed some unease about the
potential impact of Mr Chilcott’s departure on delicate negotiations with Spain and the UK.
The Chief Minister hoped that some of the key initiatives under discussion could be closed
be Mr Chilcott left to take up his new post.
“Dominick Chilcott has done his best for Gibraltar during the years that he’s been in this
job and we will sorely miss him,” Mr Caruana said.
“I think Dominick Chilcott and indeed his whole team at the southern European and
Gibraltar desks of the Foreign Office have been excellent for Gibraltar.”
“I think there is a good team now representing Gibraltar interests in the Foreign Office and
it’s always a pity to see such people move on.”
“We are hopeful that his replacement will be of the same mind, but you never know.”
The Chief Minister recognised that changes at such senior diplomatic level could have a
bearing on the progress of ongoing talks with both the UK and Spain.
Mr Chilcott, who is Director for Europe (Bilateral Relations, Resources & Mediterranean
Issues) at the Foreign and Commonwealth Office, has played a central part in the tripartite
forum and in discussions toward a new constitution.
He has a close working rapport with both Mr Caruana and Jose Pons, his counterpart at the
Spanish Foreign Affairs Ministry.
“I just hope that we can bring some of the big projects in hand to fruition before he moves
on, not least the constitutional reform process which has really been in his hands,” Mr
Caruana said.
“It would be a pity if we had to start [over]…or if there had to be a handover period.”
Mr Chilcott, who takes up his new post next April, has had a long and distinguished career
in the British diplomatic service.
He started in 1982 as an assistant desk officer in the FCO’s Southern African Department,
working through a variety of posts – including director of the Iraqi Planning Unit in the
run-up to the last Gulf War – before taking up his current position.
xxxxx
ROSIA RESIDENTS WELCOME HERITAGE STANCE
South District Committee, the Rosia residents currently campaigning against Government
 24

plans to build 900 homes in the area, yesterday greeted with applause the Gibraltar
Heritage Trusts cry of ‘rape’ over the potential impact of the housing blocks. They
described the letter to the Chronicle from the Trust ‘The rape of Rosia’ as a “forthright
statement coinciding with the views of the South District Committee, the Friends of the
Earth and thousands of petitioners objecting to the development at Rosia Tanks”.
The committee says it had no doubt that the Heritage Trust would take this position “as
would any reasoned observer and would further wish to confirm that it has not criticised the
initial silence of the Trust”.
But the Trust said that it has experienced an element of frustration on behalf of some
residents of the area as a result of a comment made by OEM, the developers of the Rosia
Tanks project, at a meeting which took place on Monday in which OEM reportedly stated
that the Heritage Trust had vetted the scheme and would not be objecting to it. As a result
of this, the South District Committee sought to meet the Trust to clarify the position and
have not made any public comments prior to doing so. “The Heritage Trust’s statement has
clarified the position and we look forward to working with the Trust in any manner
possible,” said the committee.
“This is an issue of concern to all residents of Gibraltar and is not an objection concerned
with the fact that “affordable housing” is to be built in the South District or elsewhere. Our
position is that we support affordable housing projects but that any scheme wherever it is
sited must be sensitive to the area in which it is sited from heritage, traffic, parking,
schooling and every other relevant consideration. Our view is that the Rosia Tanks
development fails each of these tests and should be rejected accordingly”.
Meanwhile the South District Committee said that at their meeting with the developers
OEM were unable to give any reassurances that any of the key issues –heritage, schooling,
traffic congestion and over-crowding - were issues that they as the developer needed to
address. OEM is said to have expressed the view that these were problems that would need
to be solved by the Government.
“They also confirmed that no impact studies have to date yet been conducted either by
themselves or by the Government on the effects on the South District of the building
of these 900 homes. On the parking issue their solution is to build a higher building (isn’t it
high enough already?) or to do away with the Dolphins Youth Club (the only social facility
in the area for our youth and itself a listed building) and build a multi-storey car park!”
The Committee says it will continue to campaign strongly against the siting of this
particular massive block of 200 homes in one of Gibraltar’s major historical sites and
appreciates the ever-growing support from the community at large.
xxxxx
GSD celebrates 15 years
CARUANA LOOKS FORWARD TO ‘NEW AIRPORT AGREEMENT’
• ‘We have won UK and Spain’s respect’
• ‘I will stay as long as you want me’
Upper echelons of the GSD and the party membership gathered at a celebratory dinner in
the International Casino last night to hear their leader and chief minister Peter Caruana
rehearse a list of the party’s triumphs and values as they marked 15 years since their
formation largely to oust the then GSLP Government. But it was foreign affairs and
recognition from Britain and Spain that topped Mr Caruana’s rallying cry as he declared his
readiness to serve the party for as long as they and Gibraltar wishes this.
“I, and others, have worked tirelessly to ensure that we have done justice to this honour,
privilege and responsibility – no less than the social, economic and political wellbeing and
the future of Gibraltar, and political rights and aspirations of its people. I will continue to
do so for as long as the party and the people of Gibraltar consider that I am the right man
for the job”.
To a warm reception he declared that by standing firm in a position of ‘no’ to bilateral
dialogue, but ‘yes’ to reasonable dialogue, they had, in the end, achieved success for their
policy of trilateral dialogue.
“And we now stand poised to usher in very substantial constitutional reform and
modernisation. For the first time ever, there are early signs of movement in our direction at
the United Nations.”
PSEUDO NATIONALISM
Rejecting “pseudo-nationalist political opponents” he said the GSD had won the people’s
 25

trust as well as “unprecedent levels of respect for Gibraltar from the UK and Spanish
Governments; from public and political opinion in the UK and from the world at large”.
“The world looked on in admiration as we led this small community in a successful and
dignified defence of our political rights, wishes and aspirations in the battle against the
joint-sovereignty done deal. And Gibraltar has emerged from that battle politically stronger
as a result,” he said.
As he declared that the Government looks forward to doing a new airport agreement Mr
Caruana lunged into his long-standing opponent, Opposition leader Joe Bossano.
“We will not make any sovereignty, territorial or jurisdictional concessions. Mr Bossano,
who I know likes to think of himself as a handbrake on GSD progress in the external policy
front, is very quiet about all this. And well he might be, since he is the only Chief Minister
of Gibraltar ever to have signalled a willingness to negotiate sovereignty with Spain, to
have told the UN that the decolonisation of Gibraltar and the exercise of our right to self-
determination have to be negotiated with Spain, and supported a failed attempt at a new
airport agreement.”
“Mr Bossano’s own past record may not (as it should) stop him from trying to pull on what
he calls “the political handbrake”, but he should put on his political crash helmet when he
does so, because there will be no hiding place for his political inconsistencies and
opportunism when the time comes.”
ROSIA ROW
As Government endeavours to minimise the electoral impact of their decision to build 900
homes in the Rosia area Mr Caruana stressed he would not shun from taking difficult
decisions. In words that might have been taken from a Blair speech Mr Caruana said that
“no good, responsible Government can govern for 10 years in the true interests of Gibraltar
and our future generations, without sometimes making decisions that will be unpopular
with a sector of our community.”
He said that in mature democracies, such as Gibraltar, people want leadership. “People
want Government to exercise considered, informed and balanced judgements on their
behalf in relation to Gibraltar’s affairs in the short, medium and long term interests of our
country and its people. And we will do that.”
Government, he said, had the courage and humility to recognise mistakes and shortcomings
and the skill, ability and commitment to rectify them – affordable housing being his
example.
GOLDEN RULES
Mr Caruana said that in 10 years of government GSD policies have been guided by four
well publicised golden rules: -
Firstly, to make capital Investment in order to create and maintain jobs and living standards
and to modernize and upgrade Gibraltar’s physical fabric and amenities for the future;
Secondly, to invest in public services generally, and care services in particular;
Thirdly, the maintenance of prudent public finances; and
Fourthly, to return surplus monies to taxpayers through tax cuts.
They had started in May 1996 by working hard to reposition and restore Gibraltar’s
international reputation and investor confidence and the size of Gibraltar’s economy has
grown by nearly two thirds, and jobs increased by 3000 or nearly 25%, he said.
TAX DOWN
Mr Caruana said the tax burden on the typical, average wage earner has been cut by more
than 40%; and over £175 million of public funds have been in vested in areas such as the
new hospital, the new Health Centre, the new Mount Alvernia, the refurbishment and
beautification of Varyl Begg, Laguna, Glacis, Calpe and many other public housing
Estates; the restoration and salvaging of Harbour Views Estate, the on-going remedial
works to Brympton and Gib V Estates; the building of Bishop Canilla House, the lift
installation programme, the investment in Edinburgh House; the Westside Promenade;
Bruce’s Farm, the new Bus Service; the Retreat Centre; Casemates Square, John
MackIntosh Square; the Coach and Ferry Terminals; the beautification of Catalan Bay,
Main Street, Sir Herbert Miles Road, Sir Winston Churchill Avenue, Lovers Lane,
Waterport Road; the magnificent new sports complex at Bayside; the new small boat
marina for local boat owners at Coaling Island; the new halls in our schools; among many
other capital investments.
“As we speak, work progresses at varying stages of our housing schemes; the King’s
Bastion Leisure Centre; the Swimming pool for the elderly and disabled; the new prison;
 26

the upper town urban renewal scheme; new road refurbishment schemes, new roads and
multi-storey parking facilities in the town, upper town and south district areas; and on a
new modern workers hostel; the Eastside Development at over £1 billion represents, by a
very large margin the biggest ever single investment ever in Gibraltar, which will hugely
boost our economy, jobs and public revenue in the future, enabling still more tax cuts,” he
said.
“The Opposition may seek to minimise and tarnish the Government’s record and each and
every one of our considerable achievements through petty, orchestrated and contrived
criticism (sometimes using third parties to do so), but the people of Gibraltar are not stupid.
They can judge for themselves. Memories are not so short that people cannot compare the
Gibraltar of 2005 with the Gibraltar of 1995!”
xxxxx
MADRID PLAYS DOWN CHILCOTT FACTOR
The Spanish government has played down the impact on the trilateral forum of the
forthcoming departure of Dominick Chilcott, the senior British diplomat who leads the UK
delegation at the talks.
Mr Chilcott is due to take up a new post as High Commissioner to the Democratic Socialist
Republic of Sri Lanka as from next April.
“The negotiations do not depend on individuals, but on Spain, the UK and Gibraltar,”
diplomatic sources in Spain told Europa Press.
“The representatives at the talks could be the ones at present or others, because the
important thing is the negotiating framework and the points under discussion.”
“Diplomats often change posts and this does not affect the stability of relations and
negotiations.”
xxxxx
Outline agreement on MoD cuts process
UNIONS AND MOD MOVE CLOSER TO IN-HOUSE BID
Local trade unions and British Forces Gibraltar have reached an outline agreement in
respect of talks toward an ‘in-house option’ as the alternative to privatisation at the Naval
Base.
The agreement, known officially as a Heads of Agreement, sets out basic common ground
between the two sides and will serve as a foundation for future discussions.
If the negotiations ultimately succeed, civilian workers at the base should be able to keep
the same terms and conditions they presently enjoy as Ministry of Defence employees.
At the same time, the MoD would achieve the cost savings it requires and which lie at the
root of the long-running row over privatisation.
As part of this latest move, the unions have discontinued their legal case against the MoD
pending the outcome of the talks.
But union officials insist they remain fundamentally opposed to any privatisation at the
base and reserve their rights on the outcome of the talks.
Union officials and senior MoD staff are scheduled to give a joint press conference this
morning at which further details of the agreement will be released.
In a letter to its members on Friday, the unions said the agreement would allow “progress
on the in-house option against the fait accompli proposals presented by the MoD in
February 2005 that stated the only solution available to the MoD in Gibraltar was the
contractorisation of functions within the HM Naval Base.”
“In consideration of the Heads of Agreement, the trade unions have discontinued the legal
action, but within the Heads of Agreement, negotiations toward an in-house option will be
legally binding,” the letter added.
“Notwithstanding the Heads of Agreement, the trade unions maintain their solid opposition
to contractorisation and therefore will reserve their rights on the final outcome of this
exercise.”
The letter added that negotiations between the MoD and the unions would be on an
ongoing basis.
“Members will be asked to cooperate in the development of the in-house option that should
guarantee their direct jobs are retained under the MoD terms and conditions of
employment,” it said.
xxxxx
 27

VICE CHIEF OF THE DEFENCE STAFF VISITS GIB MOD

The Vice Chief of the Defence Staff, General Sir Timothy Granville-Chapman on Monday
paid his first visit to British Forces Gibraltar since taking up post in July this year.
General Granville-Chapman had not visited the Rock for over twenty years and wished to
update, underpin and reaffirm his knowledge of Gibraltar to assist in his role of running
Defence business. The visit saw the VCDS officially open the new restaurant in Devils
Tower Camp that forms part of the sustained investment and refurbishment programme.
This was followed by a command brief on the continued strategic operational role and
importance of Gibraltar to the Armed Forces. General Granville-Chapman then moved to
the Convent where he met with the Governor Sir Francis Richards and with Peter Caruana.
The Commander British Forces Gibraltar, Commodore Allan Adair said, “We welcome
visits such as these from high-ranking defence staff officers to show how the work at the
coalface here in Gibraltar continues and highlights the importance of Gibraltar to the
Ministry of Defence”.
xxxxx
GOVT URGES MOD TO GIVE ‘IN-HOUSE OPTION
Protection of pensions sought
Gibraltar Government has called on the British Government to open up to accepting an in-
house bid from MOD workers in Gibraltar and to base this on a fair and factual assessment.
In a statement yesterday No 6 warmly welcomed the MOD local command’s stated
preference for an in-house option.
“This preference is not capricious. It is based on the local Command’s ability to assess
local factors and circumstances and constitutes value for money and viable savings in local
circumstances. The Government hopes that MOD in UK will take that advice and prefer
any in-house option that is put up by the Unions in good faith and which delivers
reasonable and realistic efficiency savings,” said No 6.
The Government says it welcomes and supports the agreement between MOD and
TGWU/ACTS and Prospect/GGCA to try and achieve reasonable efficiency savings
through an in-house option that leaves employees directly employed by the MOD.
This is the approach that the Gibraltar Government and Unions have jointly worked
towards during the last nine months, said a statement.
“The Gibraltar Government and Trade Unions have recognised from the outset MOD’s
rights to seek efficiency savings, so long as these are achieved in a negotiated manner that
avoids unnecessary socio-economic harm to Gibraltar and preserves remaining jobs in the
MOD for residents to the greatest possible extent. This agreement provides the opportunity
to achieve this in a manner satisfactory to all sides.”
The Government says it will maintain its opposition to privatisation of MOD jobs and
therefore hopes that these negotiations will be successful. Government will continue with
plans to introduce legislation to protect pensions rights of workers that may be affected by
any privatisation in any future circumstances.
“The Government will continue to work closely with the Trade Unions during the next
phase of this matter – i.e. the negotiations and creation of the in-house option.”
Government also said it had noted that some sources within the MOD have said that it costs
MOD seven times more to run its estate in Gibraltar than elsewhere. “The intended,
implicit suggestion is that it costs MOD seven times more to run its estate in Gibraltar than
a comparable estate elsewhere.
This statement is false and constitutes a deception on the basis of a fraudulent manipulation
and presentation of statistics. The MOD must make its case for efficiency savings on the
basis of factual, fair and reasonable considerations.”
xxxxx
US NUCLEAR SUB SAILS INTO GIB BAY
A US Navy Los Angeles class nuclear powered submarine sailed into the Bay of Gibraltar early
yesterday afternoon to carry out a transfer of personnel, equipment and stores.
The submarine was assisted and escorted by vessels from the Gibraltar Squadron.
“The transfer was successful and entirely uneventful,” said a spokesman for Headquarters British
Forces Gibraltar.
“British Forces Gibraltar are always operationally ready to assist our allies as witnessed last week by
the short notice arrival of two US Navy frigates.”
The name of the submarine was not released.
xxxxx
 28

AVIATION SAFETY CLAUSE EXCLUDES GIB

Two British Conservative MEPs this week slammed into a report in the European
Parliament on aviation safety where a clause was added to exclude Gibraltar’s airport from
the provisions of the proposed legislation designed to co-ordinate air safety throughout the
EU.
Philip Bradbourn, MEP Conservative Transport Spokesman in the European Parliament,
and Neil Parish MEP, who represents Gibraltar in the Parliament, both derided the decision
as a petty attempt to raise the profile of the dispute between the UK and Spain over the
colony’s future.
“This proposal shows the petty nature of those who would compromise air safety in the
colony for the sake of making a political point about the disputed territory of Gibraltar,” Mr
Bradbourn said, commenting after the vote.
Gibraltar is part of the EU and part of the United Kingdom and as such should benefit from
measures being proposed; yet we now have a piece of legislation which specifically
excludes the colony. The people of Gibraltar should be rightly angry that they are being
denied these measures to improve air passenger safety simply out of political spite”
“Labour and the Lib Dems have not only undermined the sovereignty of Gibraltar as a
constituent part of the EU but have also put the safety of Gibraltarian air travellers at risk,”
Neil Parish MEP commented.
This vote yet again proves that the Labour government is prepared to sell Gibraltar down
the river to the Spanish, despite the fact that in 2002, almost 99% of Gibraltarians rejected
Spanish sovereignty in a referendum”.
xxxxx
ALL SIDES WILL HAVE TO MAKE ‘CONCESSIONS’ FOR AIRPORT PACT,
SAYS PONS
Tripartite talks with Spain will seek to conclude a package of measures but not with being
agreements announced piecemeal, it was confirmed yesterday by Jose Maria Pons, the
Director for Europe at the Spanish Foreign Ministry.
He made the remarks to a session with journalists at the Spanish Foreign Ministry.
Sr Pons made clear that key issues such as the pensions and the airport would be expected
to be announced together.
And in a carefully phrased remark he welcomed Chief Minister Peter Caruana’s recent
remark on GBC that there would have to be concessions made on the airport albeit not on
red line issues.
Sr Pons described the remarks as “bold and spot on” (valiente y acertado). “That does not
mean he will concede on fundamentals nor that we will. But in any real negotiations there
must be some concessions and we will all have to make concessions if we are to bring the
positions closer,” he said.
With his statements in Algeciras, a fortnight ago, largely the reference point for Madrid’s
public stance on the trilateral process it is evident that the eagerness to play down the
possible impact of Dominic Chilcott’s departure next April when he takes up the post of
High Commissioner in Sri Lanka, is being played down.
Other significant issues remain the Spanish insistence of a written assurance that Britain
will not carry out Tireless type repairs in Gibraltar and concerns over planned expansion of
land reclamation both on the eastside and near the Westside of the airport.
Spain is seeking assurances from the British Government that pensions will be paid to
former Spanish workers but has also indicated that within the context of such an agreement
the Spanish Government will contemplate contributing to this.
xxxxx
AGREEMENT IS POSSIBLE WITHOUT RED LINES BEING TRANSGRESSED -
ESTRELLA
Rafael Estrella interviewed by Dominique Searle
With Campo observers anxious that talks may be threatened by a visible, albeit low level,
tension in Gibraltar-Spain relations Rafael Estrella, the Spanish parliamentarian who is the
political link between the party in Andalusia and the Spanish Foreign Minister, believes
that the opportunity for agreement remains strong.
WILL DOMINICK CHILCOTT’S DEPARTURE AFFECT THE PROCESS?
Along with Jose Pons, Dominic Chilcott has been one of the key parts of the process to the
 29

extent that mutual understanding has allowed confidence between them and with Peter
Caruana. I hope that the most important and relevant parts of the process of negotiations
are achieved before he departs.
IS THE SUBMARINE ISSUE A MAJOR PROBLEM?
It is a problem to the extent that it is patently obvious that Gibraltar is not a suitable place
for repairs to the nuclear sector of nuclear submarines to be carried out. That is recognised
by the British authorities who have a classification under which Gibraltar is not included.
There is the Basle compromise and we want that in writing. That should not be difficult.
The previous British Ambassador recognised in writing the verbal commitment made by
Cook to Pique and I think that before this process is over that commitment from UK should
be produced.
WHAT DO YOU MEAN IN SAYING THAT IT IS FOR BRITAIN TO SHOW A
RED CARD IN RELATION TO THE CONSTITUTIONAL REFORM TALKS?
No. What I am saying is that it is not for Spain to give opinion on the internal debates in
Gibraltar. That is part of the relationship between Britain and its colony, as I understand it.
So whilst Gibraltar has shown desire for such change Britain has been making clear in its
parliament that it will not take any decision, that it is not going to back any change of
Gibraltar’s status quo without also having Spain’s acquiescence. I am sure that the UK is
going to maintain that position.
WHAT ARE THE ISSUES HOLDING BACK AN AIRPORT AGREEMENT?
That is a very complex issue. It had the failure in 1987 of not having taken into account the
Gibraltarian position. And now the opinions of the Gibraltarians are being heard and are a
key element in that agreement. So clearly we are seeing that this issue has many
perspectives and complex technical issues to be resolved. If one looks at how Geneva
airport operates it is like clockwork. It is used to go to and from France even though it is on
Swiss territory and under Swiss control. But underlying that arrangement is a series of
extremely complex agreements at technical level.
JOE BOSSANO SAYS THAT WHAT IS BEING EXPLORED IS THE 1987
AGREEMENT IN A DIFFERENT WRAPPING?
What is being looked as is an agreement for joint use and of shared commercial
management of the airport. Bossano says that… but it is like the arrangement in Geneva in
any case. Not that 1987 was a bad arrangement. What was wrong with that is that it was
done without including the Gibraltarians. That is a fundamental difference for me.
SPAIN APPEARS TO BE UNHAPPY WITH THE EASTSIDE PROJECT AND
OTHER LANDFILLS?
Any project that has an environmental impact that could, say, provoke a change in the
currents or the costal area worries us. What we want is that nothing is done until there is a
guarantee that it will not have a negative impact on the zone.
WHAT ABOUT THE PP. THERE ARE DISCORDANT VOICES THERE. CAN
AGREEMENT BE REACHED BETWEEN GIBRALTAR, BRITAIN AND SPAIN
WHICH THEY WILL SUPPORT?
Yes. When PP was in power the co-sovereignty project was pursued and we started out
saying we wanted to know what this was and to have proper briefing to answer our doubts.
But we supported the government of the day. That should happen now. If not that would
indicate that matters of state interest them very little. If the PP is not capable of assigning a
number of interlocutors who represent the party in discussions with the Government to
hear, in all it complexity, the details of the process and to see that no red lines are being
altered on the traditional Spanish position, that the status quo is not altered, then it would
be saying that they do not have people who are of the level to understand these issues or
that they are not interested in reaching any agreements that even if these are matters of
state.
DO YOU FEEL UK IS SUPPORTIVE OF THE PROCESS? YOU MAKE NOISES
HERE ABOUT THE MOD….
In this case (unlike the co-sovereignty which was driven by UK) the process is not being
driven by UK. Instead it has arisen from a shared perception, amongst Spaniards,
Gibraltarians and people of the area, that without altering the status quo there were issues
that affect the daily lives of citizens that could be addressed.
UK has joined this process with a certain reticence. Why? Well, because they are not the
ones driving it. But, as far as the Foreign Office is concerned, it is being done with quite a
commitment, but that may not yet have gone as far as being a position of commitment of
 30

the entire British Government.

ARE YOU OPTIMISTIC THAT WE WILL SEE A MEETING INVOLVING
STRAW, MORATINOS AND CARUANA?
The agreements signed last year foresee a ministerial meeting which I understand can and
should go ahead in the first months of next year. The UK presidency of the EU has meant
that the Europe Minister David Alexander has been very out of the issue and I think that
once the presidency is over he can take more responsibility on this issue and that that
meeting will take place.
WITH AGREEMENT?
Evidently if that meeting takes place it should be, if not the one where agreements emerge,
then one in which produces the basis for these to be agreed.
xxxxx
GBC POLL SET TO SHAKE POLITICAL SCENE
GSD ‘holds power by under 300 votes’
The governing GSD party is holding on to power by a 1.5% margin, according to a GBC
poll out this morning. The poll will bring some comfort to Chief Minister Peter Caruana in
that a Panorama poll saw the GSLP Opposition ahead of him in a poll published a year ago.
Details are expected as from this morning’s bulletin. The neck and neck result comes after
a sample of 600 people of whom 561 returned completed questionnaires, that’s 3.3% of the
electorate.
Meanwhile other results are likely to set mobiles ablaze in the political community, the top
levels of which were already digesting the news last night after a courtesy preview.
There is also understood to be an almost 50/50 divide in the GSD over its merger with
Labour with the against just a whisper ahead of the votes in favour.
The poll asks about the party leaderships and their continuation as well as succession
issues.
 31

“Plans for increasing the future income from this source will now be lost,” he told the
meeting but added that the Government had agreed to compensate the trust by the payment
of the sum of £30,000 per annum, which will be available to the trust once the lease has
been surrendered. The Chronicle understands that there are plans to move several activities
to the ancient yard including the relocation of the veterinary clinic.
On the Rosia Tanks Development he affirmed that the trust is bound to accept the need to
build housing for those who cannot afford the inflated prices of the private housing market,
but opposes any building, of any sort, in areas of Heritage value, such as the town area,
where it has already expressed its views strongly in the proper forum against the proposal
to build a high-rise annexe to The Eliott Hotel.
“The real issue is that the proposed building would detract from what remains of the
heritage of Rosia Bay, overshadowing Parson’s Lodge and the Victualling Yard, and
further despoiling the area, as well as undermining Gibraltar’s efforts to be named a
UNESCO World Heritage Site. It is deeply ironic that this project is announced just after
we have finished commemorating Nelson’s victory at Trafalgar,” he emphasised.
His list was long, and at the start of his address Mr Ballantine first spared no punches when
he declared that without a doubt the question which most concerned the trust in the past
year had been the proposal to construct a funicular railway from Casemates to the top of
the Rock. A great deal of work he said had fallen upon the trustees, as well as on other
entities in Gibraltar to whom it became allied, in an effort to convince all concerned that
this was not a good idea. Mr Ballantine congratulated what he described as “the good sense
of the people of Gibraltar in general for supporting the joint efforts of the Trust, the
GONHS and the ESG, for pinning their faith in us and for their perspicacity in being able
to sift through the many aspects of the case that appeared in the press from both sides of
this issue and coming to the conclusion that they did.”
He highlighted the efforts of his predecessor in office Joe Desoisa, who agreed to
spearhead the efforts of the trust at the time.
“Believe me this work entailed great dedication on the part of those concerned, and they
must all be congratulated for a job well done,” he added acknowledging the 7000
signatures which were collected.
Mr Ballantine was also keen to correct what he termed as wrong press which the trust had
received on two separate issues.
“Firstly, it was blamed for the felling of a tree of significant sentimental value to the Belilo
family. The Trust has subsequently re-affirmed that it had no connection whatsoever with
the decision to cut down the tree. Secondly, the campaigners against the Rosia tanks
housing development were wrongly told that the Trust had been consulted and agreed with
the project.”
The Chairman said the trust was also concerned with unauthorised works. There were he
claimed quite a number of cases where unauthorised works are carried out on premises all
over Gibraltar.
“It would be invidious to name any individuals but it must be stressed that action to rectify
must be taken as a matter of priority. It is contended by the relevant department that it is
not equipped, in terms of staff, to deal with this matter. There is nevertheless a necessity to
address this question as a matter of urgency since not doing so will only encourage more
illegal works being carried out. May we suggest that the current list is prioritised and action
taken on a case-by-case basis, and not globally, so that the department can deal with it
serially. That is ‘one at a time’ with a time limit for success!”
On King’s Bastion he stated that the restoration of this “jewel in the crown” is being
conducted with its preservation, protection and refurbishment very much in mind.
“In co-operation with the Heritage Division of the Government, all works are being
supervised and nothing is touched unless it has been authorised by those involved. I know
that the Chief Minister, himself, has taken a great interest in this development and we have
found an ally in him in this delicate enterprise of substantial heritage value.”
Mr Ballantine added that the old Generating Station had now been demolished and a better
assessment of the restoration as well as of the necessary reconstruction works can now be
made. Mr Ballantine said that the Trust was also engaged in discussing with the
Government a review of its annual grant so that much needed extra staff can be recruited to
cope with an increase in the workload.
xxxxx
 32

GBC poll result

GIBRALTAR BACKS GOVT'S TRILATERAL PROCESS
•Moratinos says new climate could lead to sovereignty resolution
•Britain says any agreement would go to referendum
Gibraltar Government's policy on relations with Spain received a boost yesterday as GBC
published the second part of its opinion poll and revealed that 54% of people would like to
see an airport agreement. It also gave 58 % approval to the trilateral forum with 18% not
approving and 39% not knowing. However the electorate are not convinced that the
Brussels process has been killed off even though the Gibraltar Government has argued that
it is now redundant. In the poll 37% said Brussels would be killed off, 24% that it would
not and 39% 'don't know'.
Gibraltar is clearly split 50/50 as to whether an airport agreement is possible that has no
sovereignty implications but 65% of people believe that if an agreement is reached a
condition should be that other issues such as frontier flow, Spanish pensions and
telecommunications should be resolved.
The poll is published as Miguel Angel Moratinos, Spanish Foreign Minister, reportedly
told journalists at a breakfast session that the current negotiations taking place with Britain
and Gibraltar on a variety of issues will allow Spain to tackle sovereignty at "an opportune
moment."
Journalists were told that the current process has created confidence between the parties
that did not exist in the past. "A mutual confidence is coming about between all parties to
focus better on the issue and, at the opportune moment, to negotiate what we all desire to,
which is the sovereignty of Gibraltar."
Sr Moratinos made clear that Spain will continue to pursue sovereignty in a clear and
convincing manner. He indicated that talks at ministerial level - Caruana, Straw and
himself - are now expected early in the New Year and that he hoped concrete results would
be announced there given that the talks so far had advanced considerably.
"This is an intense, productive negotiation and it will have results," he said.
Sr Moratinos emphasised that PSOE had roundly supported the PP on Gibraltar when it
was in government and discussing joint sovereignty.
"Now we are creating an atmosphere of dialogue and understanding and they (PP) tell us
that we are traitors and that we are selling out Spain's interests," he said adding that former
Foreign Ministers Fernando Moran, Abel Matutes and Josep Pique had advised that to find
a definitive solution to the Gibraltar question a climate of confidence must be created. He
recognised that the referendum in Gibraltar had put paid to the co-sovereignty project.
Meanwhile the British Government has said that its aim remains to secure a more stable
and prosperous future for Gibraltar. "We believe that a lasting resolution to the dispute with
Spain can only be achieved through dialogue with Spain and with Gibraltar," the Foreign
Office told Robert Chitty in a letter. Mr Chitty a veteran visitor to Gibraltar and keen
supporter of the Rock had written to Mr Straw on the Gibraltar question.
In its response the Foreign Office added that "the principle of consent is fundamental to the
(British) Government's approach. We have always been clear that there will be no change
in the sovereignty of Gibraltar against the wishes of its people. We have made it equally
clear that, if we were ever to reach agreement with Spain on a comprehensive settlement,
the whole package would be put to the people in an referendum and they would decide."
The poll questions and results:
- Do you approve of the trilateral forum for dialogue on Gibraltar? Yes 58%, No 18%,
Don't know 24%
- Has the trilateral forum killed off the Brussels process? Yes 37%, No 24%, Don't know
39%
-Would you like there to be a new airport agreement? Yes 54%, No 32% No, 14% Don't
know
- Do you believe an airport agreement is possible that has no sovereignty implications? Yes
41%, No 41%, Don't know 18%.
- Should a new airport agreement be conditional on the resolution of other issues (eg
frontier flow, the Spanish pensions problem, telecommunications)? Yes 65, No 35.
xxxxx
 33

LIBERAL MAYOR AND FOGHS MEMBER VISITS GIBRALTAR

Hilary Wines, who was the first Liberal Democrat Mayor of Southwark, is in Gibraltar for
a short visit. Hilary has been a staunch supporter of Gibraltar for many years. She was
instrumental in the tabling of a resolution in support of self-determination for Gibraltar at
the Liberal Democrat party conference in Brighton a few years ago.
During her time in Gibraltar Hilary paid a courtesy call on the Leader of the Liberal Party
Dr Joseph Garcia.
Speaking in Gibraltar Hilary Wines said: “It was very good to have come to Gibraltar a few
weeks ago as part of the FOGHS and participate in the activities organised to commerate
the Nelson Bicentenary. I was also very pleased to see the Gibraltar float with Lord Nelson
at its head during the Lord Mayor’s Show in London.”
xxxxx
Newspapers come out in support of Cameron
TORY PRETENDERS VOW TO BACK GIBRALTAR
As they enter the last week of canvassing – including for some 40 votes from residents on
the Rock - David Davis and David Cameron have both made a pledge to the Rock that they
will stand by the existing Conservative commitments including defending sovereignty.
With voting in the postal ballot for Tory leader closing on December 5, the Chronicle
understands that Mr Cameron is likely to get the bulk of votes from Gibraltar. A member of
the local Conservative Party said that this is because they feel he is most likely to take the
party into Government even though Mr Davis’ commitment to Gibraltar is appreciated.
Buoyed by Thursday’s declarations of support from former leader William Hague and
defeated rival Liam Fox, Mr Cameron is arguing that he is the only candidate capable of
attracting floating voters to the Tory cause.
The executive of the Conservative Party in Gibraltar recently asked the two potential
leaders to confirm their support, if elected.
“If elected as leader, David will continue the current Conservative policy of not allowing
any discussions with Spain over sovereignty or related issues without Gibraltar’s full and
continuing agreement and participation,” said David Davis a one time Foregin Office
Minister responsible for Gibraltar who visited the Rock in the early 1990s.
David Cameron said that if elected he would honour the following pledge:
“Under my leadership, the Conservative Party will continue to stand by and stand up for
Gibraltar. The Conservative Party would never agree to surrender Gibraltar’s sovereignty
without the specific mandate of the people of Gibraltar. We will not let Gibraltar down.”
Everyone eligible to vote locally will have received the ballot papers by now and if they
have not already done so they are being urged to return them immediately.
“Whatever differences in style there may be between the two candidates, they both seem
equally robust in the defence of the interests of the Gibraltarians,” said Bernard Hazel the
local chairman.
xxxxx
DECEMBER
‘LUSTY’ SAILS SOLO INTO PORT
The Royal Navy's Fleet Flagship, the aircraft carrier HMS Illustrious, arrived in Gibraltar
yesterday morning and made history in the process. With horns blaring as she sailed in,
'Lusty' became the first aircraft carrier to berth at the Rock without the help of tugs. It
might sound like an insignificant fact, but this is a truly massive ship. Her crew deliberately
understated the manoeuvre, describing it as "a tight fit" and "slightly tricky".
But bringing HMS Illustrious alongside unaided is no mean feat.
The ship's captain, Commodore Bob Cooling, was unmistakably proud as he talked to
reporters on the flight deck yesterday afternoon.
"Handbrake turns are my stock in trade," he joked.
There is, of course, a serious underlying reason why the ship docked without tugs.
There are ports in the world where assistance is unavailable when it comes to bringing the
carrier alongside, so the crew never wastes an opportunity to practice its ship handling
skills. Yesterday, the conditions were perfect for just such a run through.
Lusty and her escort, the destroyer HMS Exeter, will be in Gibraltar for the best part of a
week to provide rest and recreation for their respective crews.
 34

The navy flagship was involved in ceremonial duties during the recent Commonwealth
events in Malta, including hosting Her Majesty the Queen on board.
She also made history there too, becoming the first ship to fire a 21-gun salute inside
Valetta harbour.
HMS Illustrious has strong links with Malta. One of the current ship's predecessors played
a vital role in enabling convoys to reach the island during World War II. The Maltese
repaid the favour by repairing her after she was hard hit by German aircraft.
Commodore Cooling, who yesterday hosted lunch on board for a number Gibraltar
dignitaries including the Governor, described the ceremonial events in Malta as "an
amazing and privileged experience."
But it was a tiring experience too, and the crew is now looking forward to a few days
ashore in Gibraltar, which is a popular destination for navy personnel.
Commodore Cooling himself has been on the Rock 15 times and clearly enjoys being here.
"How could you not have a good time in Gibraltar?" he said. "You'd have to be a seriously
boring person."
From here, HMS Illustrious will head back to the UK for most of the winter, before sailing
back through the Mediterranean next spring en route to India, where she will participate in
a range of training exercises with the Indian navy.
Yesterday, local press aside, the ship's crew of 1000 - average age 23, three quarters of
them male - also enjoyed an unusual visit from three young females and a lone male model.
They were posing for a Christmas spread to appear in a UK national newspaper - the
Chronicle agreed not to print its name - and provided an entertaining and eye-catching
break from normal routine for the crew.
"We are an equal opportunities employer so we want that [male/female] balance,"
Commodore Cooling joked.
"They are young, attractive and vibrant and I know my sailors very much enjoyed their
presence."
xxxxx

EU court advised to dismiss Tireless case

MILITARY LOOPHOLE: EU FAILING ON BASIC PROTECTION – ADVOCATE
GENERAL
The British Government was not legally obliged to alert Gibraltarians as to how to protect
themselves against the dangers that repairs to the nuclear submarine HMS Tireless could
have posed, the most senior legal adviser to the European Court of Justice said yesterday.
Adrian Geelhoed, the court’s Advocate General, reached that conclusion as he advised the
court to dismiss a case brought by the European Commission against the UK in relation to
the Tireless incident. But he said he had considerable sympathy for the commission’s case,
adding that he believed it would be difficult to argue that military interests could be
damaged by the provision of basic information to citizens.
He said the European directive requiring governments to provide such information could
not be applied to the military and described the commission’s case as “irremediably
flawed”.
And in a statement that could have implications beyond the Tireless case, Mr Geelhoed
suggested that this legal loophole pointed to a failure by the EU to fully protect the general
public’s health.
The commission had asked the court to declare that the UK breached an EU directive by
failing to give Gibraltarians information on how to protect themselves in the event of a
radiation emergency during the Tireless repairs.
But the Advocate General said that a previous legal case had clearly established that the
European Atomic Energy Community Treaty, from which the directive stems, was not
applicable to the use of nuclear energy for military purposes.
“It follows that the inevitable consequence of the Court’s judgement [in the previous case]
is that, for as long as the Community has not made use of its competence under the EC
Treaty to legislate in this sphere a gap exists in the protection of the health of the general
 35

The directive that the UK is accused of breaching sets out the minimum standards of
information on protective measures that governments must provide to communities at risk
from potential radiation leaks.
But existing case law made clear that the Treaty, and by extension the directive, “cannot
apply to nuclear radiation from military sources, without exception,” Mr Geelhoed said in
an opinion document released yesterday.
He said the British Government could have easily satisfied the obligations set out in the
directive by posting a copy of the GIBPUBSAFE plan, which provides information on
procedures in the event of an accident involving a nuclear-powered warship, through each
letterbox in Gibraltar.
“Needless to say, this seems a negligible burden when compared with the essential
importance of the public health protection interest aimed at by the [directive],” Mr
Geelhoed said.
“On the facts of the present case, therefore, the position of the United Kingdom…refuting
the existence of such an obligation is plainly unattractive.”
But all those arguments were academic because the law simply did not apply, Mr Geelhoed
concluded.
He advised the court to dismiss the commission’s action and order it to pay the UK’s costs.
The court, although not bound, generally heeds the advice of its advocate and is unlikely to
reach a final judgement in the Tireless case until next year.
CAMPO ‘DECEIVED’ OVER TIRELESS
Verdemar and Ecologistas en Accion, the Campo environmental campaigners yesterday
reacted to the ECJ ruling by declaring that Britain had deceived everyone with Tireless and
that Gibraltar was not properly equipped to deal with nuclear repairs.
They declared that although graded to allow visits by nuclear submarines they were not
entitled to put the lives of 250,000 people at risk.
xxxxx
SUBMARINE BAY TRANSFER
Yesterday afternoon a Trafalgar class submarine, HMS Torbay, conducted a bay transfer of
personnel, equipment and stores assisted by the Royal Navy Gibraltar Squadron. “The
transfer was successful and entirely without incident. This is a routine event as witnessed
recently by the assistance offered to the US Navy submarine USS Norfolk,” said the MOD.
xxxxx
DPC meeting
ROSIA TANKS PROJECT APPROVED
•We have listened to complaints, says Holliday
Development and Planning Commission yesterday approved by majority vote the go ahead
of the Rosia Tanks housing development in the face of protests from residents in the area.
And a unanimous vote has seen the Cumberland housing project get the go ahead. This was
the third meeting on the Rosia Tanks application.
The project approved by DPC is the original submission from OEM International, although
a reduced size presentation is due to go before the Commission following Government’s
public statement that the building will be smaller than originally planned.
The reduced version will have to go before DPC but that is essentially a formality now that
the larger project is accepted. Also pending submission is the less controversial North
Gorge Development which will provide 500 homes and is expected to be a significant
development. A geo-technical study is currently underway.
Joe Holliday, DTI Minister chaired the meeting and said later that the considerations had
been very detailed with all aspects including schooling, traffic, heritage and parking.
“We cannot be accused of ignoring complaints,” said Mr Holliday.
Amongst those sitting on the Commission is the Heritage Trust chairman Joe Ballantine.
Last month the Heritage Trust wrote a letter to the Chronicle entitled ‘The Rape of Rosia
Bay’ saying that the proposed building would detract from what remains of the heritage of
Rosia Bay, overshadowing Parson’s Lodge and the Victualling Yard, and further despoiling
the area, as well as putting paid to Gibraltar’s efforts to be named a UNESCO World
Heritage Site.
On Tuesday Government acknowledged the petition handed to it by the “South District
Committee” but said that many of the 3,000 signatories had been misled by the “false and
 36

exaggerated” claims of some people who have been motivated principally by a variety of
self interests.
In stead it said that these projects are socially advantageous to Gibraltar, cause no harm or
damage whatsoever to any heritage in the area and do not raise any of the concerns that
have been expressed for schooling, sewage, traffic circulation or parking in the area.
Government and the Developer have agreed that both the Rosia Tanks building (Nelsons
View) and the Cumberland Road building (Cumberland Terraces) will each have two floors
less than previously announced.
xxxxx
SDGG Gibraltar Award
A PROUD MOMENT FOR RISSO’S FAMILY
by Alice Mascarenhas
Alberto Risso’s family yesterday accepted the Gibraltar Award 2005 presented by the Self-
Determination for Gibraltar Group in recognition of his enormous contribution to the
emancipation and political development of the Gibraltarians. Albert Risso was a trade
unionist and one of Gibraltar’s first politicians. He was also instrumental in the creation of
the GLP/AACR party.
At a short ceremony yesterday, Mr Risso’s nephews, Louis and Victor Risso, accepted an
inscribed crystal bowl, presented by Willie Serfaty of the SDGG. Also present was his
niece Maruchi Risso, and great nephews and niece: Major Colin Risso, Andrew Abrines
and Anne Coelho. The ceremony took place at the John Mackintosh Hall in the Charles
Hunt Room.
The SDGG described Alberto Risso as a campaigner for the right of Gibraltarians to
participate in the Government of Gibraltar from a time when Gibraltar was governed
entirely by persons nominated by the Governor,
Alberto Risso is said to have been a humble, modest, unassuming, quiet, kind and
considerate man by his nephews Louis and Victor, who obviously remember him with
great affection. Having no children of his own, Louis and Victor, spent much time with
him.
“I remember him as a terrific person. A very good uncle and very down to earth,” Louis
commented.
“He was very human, who, like my father and all the family were people for whom the
poor came first.
I personally am very pleased because for years I have thought about what people had
against him because he was ignored and all he wanted to do was good. I am very happy that
it has happened now when young people are more aware. When we were young, people
were not aware,” said Victor.
And Louis added, “I have had second thoughts because respecting his wishes he may have
had something to say about receiving an award. He always refused honours, and glory and
public attention.”
Both acknowledged the work he did both in the union and in government.
“How far we have come locally… it all began with him.”
For his part Willie Serfaty said how he remember Alberto Risso as an unassuming person
who used to help campaign for the AACR when he was a child.
“He was thought of really as the lynchpin of the whole ACCR idea. He represented the
unions who were the voting base of the AACR and the respect he commanded was
tremendous.”
Also at the ceremony was former trade unionist Henry Pinna who spoke of Mr Risso’s
strong grass-roots in the workers movement at the time and how he had devoted all his life
to the emancipation of the working class and the Gibraltarians as a whole.
Throughout next year the SDGG will collect documentation on the life of Alberto Risso
designed to inspire a biography.
Meanwhile the SDGG is considering making the award for 2006 to a collective, the Coal
Heavers of 1886, who by their actions changed the economic structure of Gibraltar.

Editor’s note. FOGHS member, Victor Risso, is Colin’s uncle and Alberto’s nephew.
xxxxx
 37

Nuclear visits
SPAIN ASSURED OF HIGHEST STANDARDS
The Spanish Government has maximum guarantees from Britain that the highest standards
are maintained when nuclear powered vessels visit Gibraltar. In a written answer to the
Congreso in Madrid the Spanish Government also conceded that it cannot stop the visits by
such vessels since these are under British jurisdiction inside the port.
It says that HMS Tireless was recognised as an exceptional incident and that Spain is kept
informed of all visits. It also stated that specialist monitoring teams are deployed 48 hours
before a submarine docks and that to date no radioactivity has been registered.
xxxxx
ELIOTT BRINGS EXPANSION PROJECT DOWN TO EARTH
The O’Callaghan Hotel Group has resubmitted a planning application for a new hotel in the
Old Town, but has cut the height of the building by over half compared to its original
proposal.
The group’s first application, which was knocked back by the Development and Planning
Commission [DPC], outlined a striking 95-metre high building that would have towered
over its surroundings.
Last week, the hotel group submitted fresh plans to build an annexe to the Eliott Hotel
measuring 42 metres in height, about the same as the existing hotel.
Architects have managed to mitigate the loss in height by including plans to build rooms
above a link bridge crossing from the present building to the new site in Cannon Lane.
Those rooms were not present in the first proposal.
The planned hotel will cost £9 million to build and will have 90 high-quality rooms with en
suite bathrooms.
The application for Outline Planning Permission describes the annexe as a “very ambitious
and challenging project creating a new major landmark in the centre of Old Gibraltar.”
It will also provide much-needed high quality business hotel suites and associated facilities,
the application adds.
The application, which was submitted on December 15th and can be viewed at the Office
of the Town Planner, will be assessed by the DPC early in the New Year.
xxxxx
FINANCE CENTRE AGREEMENT OPENS UK MARKET
Gibraltar and UK governments have concluded agreements relating to passporting of
investment services and to exchange of information.
Following the joint press statement with the UK government on July 1 this year the
Governments of Gibraltar and the United Kingdom yesterday evening concluded two
separate agreements.
One enables investment services firms established in Gibraltar to passport (that is to market
and sell) their products and services into the UK market. The other agreement provides for
the exchange of information between the UK and Gibraltar along the lines of EC Taxation
of Savings Directive as it applies to the Crown Dependencies, namely, that people may
choose between exchange of information or the payment of withholding tax. It is
understood that the impact on the industry will be mitigated by the ability to adjust to these
new circumstances.
The exchange of information/with holding tax agreement comes into operation on April 1
2006.
No 6 said yesterday that there are transitional arrangements which exempt income from
existing fixed deposits and arrangements up to April 1 2007. A copy of that agreement is
now placed on the Gibraltar Government website. The investment services passporting
agreement is expected to come into effect by March 2006 when Gibraltar has passed some
necessary legislation. Chief Minister Peter Caruana said that the banks have been closely
consulted during these negotiations.
“The tax agreement is not challenging to any significant on-going business of the finance
centres. On the other hand the confirmation obtained that the Parent & Subsidiary, Interest
& Royalties and Mergers & Acquisition EC directives do apply to Gibraltar companies,
and also the agreement that Gibraltar firms can now sell and market their investment
services and products into the UK market, will be very positive for our finance centre,” he
said.
 38

• Website for agreement:

http://www.gibraltar.gov.gi/latest_news/press_releases/press_releases_index.htm
xxxxx
£1.8 MILLION MOUNT BARBARY GIVEN TO GOVT
Mount Barbary, one of the most exclusive military properties on the Rock, was last week
transferred to the Government of Gibraltar under the terms of the 2004 land deal with the
Ministry of Defence.
Mount Barbary has been traditionally assigned to the top military officers on the Rock.
Now it is due to be sold on the private market along with other properties that are being
transferred from MoD ownership to the Gibraltar government.
They will be sold by tender to the highest bidder.
Momy Levy, a veteran of Gibraltar’s property sector, yesterday estimated that Mount
Barbary could be worth up to £1.8 million at current house prices.
The house was built in the 1960s and commands impressive views over the Strait of
Gibraltar.
It is surrounded by lush gardens and has its own swimming pool.
With its prime location in the select area of Mount Road, the house is sure to fetch a hefty
price.
For now, though, it lies empty.
Its last military tenant, Commodore Alan Adair, Commander British Forces in Gibraltar,
moved out of the luxurious residence at the beginning of November.
He now resides in an adjacent property, formerly known as Air House but recently renamed
Rooke House after a short spell as Darwin House.
xxxxx
‘EVERYTHING SHORT OF INDEPENDENCE, GIBRALTAR’S WEAPON
AGAINST SPAIN’ - BOSSANO
There is no role for Spain in Gibraltar’s decolonisation. That is the main message flagged
by Opposition Leader Joe Bossano in a political broadcast last night. His eve of Christmas
message is that Gibraltar must achieve a status that is a whisper away from independence
and that keeping Gibraltarians living and working on the Rock must be a key aim.
“We already have a roadmap to our country’s future. It’s the constitution we have proposed
to UK and which everyone, now supports,” says Mr Bossano adding that he has always
opposed the UK and Spain’s attempts to negotiate our decolonisation. “There is no role for
Spain,” he said adding that there is no valid reason why Gibraltar should not have settled
the issue by now. “In the September talks with UK officials, we went through the whole
constitution, again. The time is therefore fast approaching when UK will have to decide
whether it is going ahead with our decolonisation or not,” he said.
Mr Bossano argues that, once approved in a referendum which would be the exercise of the
right to self-determination, the constitution will give Gibraltar a new international status as
a British Territory, associated with UK, to leave intact, the EU membership terms. At the
same time it would provide a level of self-government beyond which there would only be
independence, he said.
“Nothing that Spain might offer us, now or in the future, could ever match this. Not that we
are remotely interested in anything they might have to offer, to persuade us to become a
part of Spain. Spain would be left clinging to its totally discredited interpretation of The
Treaty of Utrecht,” said Mr Bossano.
This, he said, is a prize worth pursuing, not what was dangled before Gibraltar by Peter
Hain in 2001.
“Forty years ago, we were almost there, but Franco’s Spain blocked us by pressuring UK
into backing out. It remains to be seen whether the present Spanish government, with its
new approach, reacts in the same fashion and again puts pressure on UK, to stop our
decolonisation,” he said.
On the tripartite process Mr Bossano said that Gibraltarians have been constantly regaled
with a flow of propaganda about the new climate, the creation of mutual trust and
understanding, the confidence building measures, the cordial and friendly atmosphere.
Spain, says Mr Bossano, has medium and short-terms objectives.
“The latter is to show concrete results, involving a package of measures. This includes a
deal which allows them to authorise flights from Spain and claim that they are doing so
 39

because they are obtaining basically what was achieved but never delivered by the 1987
Airport Deal. This was always said to be sovereignty neutral, to try and get us to implement
it.”
“This is the position as explained by Sr Pons, Spain’s negotiator in the Tri-partite Forum.
Explained and replayed 6 times on Spanish TV and once on GBC.”
PENSIONS
Mr Bossano highlights that the other basic demand is on Spanish pensions.
“Sr Pons has made clear it will be paid to pensioners and surviving relatives. Only last
week Senator Carracao met with the British Embassy in Madrid and will now be briefing
Campo pensioners. It is quite incredible that we in Gibraltar, whose pensions have also
been frozen will, it seems, be the last ones to find out what is going on.”
He says that as far as the Opposition is concerned “what is very clear is that any up rating
of Social Security pensions must apply equally to all those who have received frozen
pensions and their surviving relatives as it does to pre 1969 Spanish workers.”
On Spain’s medium-term objective Mr Bossano says that this is that when the new climate
and mutual cooperation have had the desired effect, it will then be the opportune moment
to retake the negotiations on the issues of sovereignty in the spirit of Brussels, picking
things up where they were left in 2002.
“Now that we know, straight from the horse’s mouth what Spain is aiming for, our
objective is to ensure that we have a strategy to defeat and frustrate the achievement of
their objective. Clearly our deconolonisation would be one element,” he says.
Mr Bossano says that the other has to be retaining Gibraltarians living and working in
Gibraltar.
“The avalanche of frontier workers continues unabated with more and more sectors of the
economy becoming dependent of them. Now, we are even seeing public sector jobs going
the same way. In our economy it seems the beneficiaries increasingly are outsiders, whilst
our own people have to look elsewhere for their future.”
FAMILY
“The Gibraltarian way of celebrating Christmas has always been a family gathering, the
extended family, neighbours and workmates. It is a tradition that is perhaps less strong now
than in years gone by, when we all had less but shared more… but it is still there,” Mr
Bossano.
He argues that every year many young Gibraltarians finish their studies and stay abroad
because there is nothing here for them.
“Happily in many cases you have them with you at least at this time of year. Their absence
is not good for the economy or our community and we are pledged to guarantee a place for
all our graduates who wish to come home at the end of their studies. We should rely less on
outside experts and make better use of our own people.”
“Also away from home, but just across the way, living under Spanish sovereignty because
they cannot afford to live in their homeland, are hundreds of Gibraltarians. At least they are
close enough to share Christmas with their families here, but this mass exodus of our
younger generation is bad for Gibraltar and has to be reversed.”

xxxxx
SHELL DAVE
The news that the MOD is to transfer ownership of ‘Mount Barbary’ serves a
timely reminder that many decades ago the late D.B. Davis, general manager of Shell,
Gibraltar persuaded the MOD to grant the Shell Company of Gibraltar a lease on barren
land to enable a palatial house to be built for the general manager. This was agreed
provided that the house would be handed back to the MOD in the event of the position of
Shell General Manager being downgraded. This downgrading duly happened some years
after his retirement and the Mount Barbary was returned to the MOD. DBD moved to
Churt and called his new house ‘Little Barbary’ in memory of the opulence he had left
behind on the Rock.
It was the redoubtable Shell Dave who thought up the name ‘Mount Barbary’.
xxxxx
OXFORD HOCKEY X1s
Nick Thomas reports that the Oxford University Amateur Hockey Club is sending
 40

a male and a female hockey team to Gibraltar 31 March – 3 April . The 30 plus team will
be staying at the Retreat Centre.
The newly formed Gibraltar Oxford University Society will be taking a great
interest in the visit.
xxxxx
GIBRALTAR CAMBRIDGE UNIVERSITY SOCIETY
Whilst Oxford is older than Cambridge the light blues, following the example of the
Coldstream Guards, are second to none. However the Gibraltar Cambridge University
Society appears to have fallen by the wayside. A decision has been taken for it to be
revived. At present the only Cambridge graduates on the Rock appear to be Sir Francis
Richards, Charlie Gaggero and the editor. Would all those who would like to register for
the dinner to be held this year please email [email protected] with Name, College and
Matriculation year.
xxxxx
NELSON AND WELLINGTON
History recalls that Lord Nelson and the Duke of Wellington only met once and
this interview took place at the Colonial Office in September 1804 just before Admiral
Nelson left England for the last time on 13 September.
Although it was a chance meeting the two military giants subsequently were
painted by Samuel Williams Reynolds the Younger.
The full length studies show Nelson and Sir Arthur Wellesley, as he then was,
standing in a study in the Colonial Office. Nelson, wearing his gold laced Admiral’s
uniform and Nile medal, stands beside a table covered by a heavy embroidered cloth,
pointing to a map of Spain, Gibraltar and the Mediterranean. Wellesley wears his military
uniform, gold sash, short blue cloak and carries his cocked hat in his hand. In the
background is a fireplace with a clock on the mantelpiece. The artist has used poetic
licence as the two in the picture are roughly the same height whereas in real life the Soldier
was considerably taller the Sailor. The painting now hangs in the Army and Navy Club in
St James’ Square.
The painting was so popular that permission was granted for a limited number of
prints to be published of the painting. There are believed to be some three prints hanging
somewhere on the Rock. Benzaquen Antiques managed to get hold of a copy and needless
to say it was sold before it could be placed in the shop window.
xxxxx
ANGLO-SPANISH TERTULIA
The annual Anglo-Spanish tertulia was held in the Guildhall, London last November. This
forum is to discuss the state of Anglo-Spanish relations and not the on going Gibraltar
problem. There were many mentions of Gibraltar, in particular the Airport
Agreement, but these took place in the margins and not on the formal agenda.
The original tertulia was set up when John Major was Prime Minister and relations
between the Spanish and British Governments were not good. The Ambassadors at the time
were Alberto Azar and David Brighty and they decided that relations must improve and an
important step would be to get together those from both sides who could discuss for a
weekend the pluses rather than the minuses in the relationship.
The first Tertulia was a huge success and today they are held on alternate years in the
Spanish and British capitals.
xxxxx
LORD BARBER
The recent death of Lord Barber and the many obituaries has raised the question of his
mysterious flight from Gibraltar during the Second World War.
Tony Barber was a fighter pilot and a writer is seeking information about this flight.
It is believed that Tony flew from Gibraltar on 25 January 1942 in a Spitfire with long
range tanks.
Can any reader provide some or all of this factual information? Confirmation of the date,
the aircraft mark and serial number and the fuel load and any other information. Please
email to [email protected]
xxxxx
GB AIRWAYS
GB Airways is to introduce a new twice weekly service from Manchester to Heraklion,
Crete next summer in addition to an increased service from London, Gatwick.
xxxxx
 41

ARCHBISHOP PETER AMIGO

Hilary Wines, a former mayor of Southwark, is to donate towards the costs of erecting the
plaque in memory of the former Gibraltarian Archbishop of Southwark.
xxxxx
HOWLERS
Pepe Rosado has a collection of Howlers – a series of 40 cigarette cards issued by
the Imperial Tobacco Co.
‘Nelson was born a weak and sickly man. He grew up to be a weak and sickly boy
– unfortunately he had his eye shot out by Napoleon. He is now a statue in Trafalgar
Square and he has his hand out saying “Lest we forget.”
One day Nelson and the English Army were looking along the coast of Africa the
French Army and at last found it. On that day the Battle of the Nile was fought.
The Battle of Trafalgar was fought on sea and therefore it is sometimes called Waterloo.
Nelson was mortally killed at the Battle of Trafalgar and died after it.
Nelson’s arm came off and his eye came out.’
xxxxx
TRAFALGAR PRISONERS
A reader asked the Daily Mail this question – ‘How were the 20,000 prisoners
taken at the Battle of Trafalgar transported to Britain? What became of them?’
Part of the answer concerned Gibraltar as 4,799 Spanish military were released on
parole in Gibraltar in November 1805. A few French prisoners were also paroled in
Gibraltar.
Does any reader know what happened to these paroled prisoners? Were they
eventually returned to Spain and France and were they given the option to remain on the
Rock and become Gibraltarians?
xxxxx
FATHER DANNY HERNANDEZ
The December issue of the Forces Catholic News carries a photograph of Father
Danny and Bishop Tom Burns, during a visit to Iraq by the Bishop of the Forces.
xxxxx
MEDLIFE
The winter issue of Medlife, the inflight magazine of GB Airways, publishes an
article by Elena Scialtiel about Casemates, the social heart of Gibraltar. Its three pages are
illustrated by some wonderful photographs.
xxxxx
MISING SPANISH PUMP
Further to John Clark’s request for information about the Spanish pump he has
sent a map of where it used to be. The site of the pump is on Lime Kiln Road near Lime
Kilm Steps. It had no connection with the Sacred Heart Church. The pump played a key
role on the Great Siege in particular during the attack by the Floating batteries.
xxxxx
NELSON’S DIRECT DESCENDANT
John Tribe has written this song to mark the 200th anniversary of the death of
Admiral Lord Nelson.

‘Let hosannas be sung, though they’ll be mixed with

Tears, for most of the dead are of young tender
Years, look up to the heavens, past clouds, smoke
And spray, give thanks for our Royal Navy this glorious
Day.

Though canvas may split and timber will rot, the

Deeds done this morning will not be forgot.
To that host of dead heroes, let our prayers never cease.
With Horation Nelson – may they rest in peace.’
xxxxx
UN POSITION ON GIB ADOPTED
Acting on the recommendation of its Fourth Committee (Special Political and
Decolonization), the General Assembly recently adopted, by consensus, a decision on the
question of Gibraltar. Among the texts adopted by recorded votes was one on the
 42

implementation of the Declaration on the Granting of Independence to Colonial Countries

and Peoples, and one on the Second International Decade for the Eradication of
Colonialism.
Taking action on 12 decolonization texts (seven by recorded votes), the Assembly adopted
by consensus a resolution on the question of Tokelau, by which it noted that the legislative
branch of that Non-Self-Governing Territory had decided to hold a referendum on self-
government. Also by consensus, the Assembly adopted resolutions on the question of
Western Sahara, as well as on several small island Territories; and a decision on the
question of Gibraltar.
On the question of Gibraltar the Assembly would urge the governments of Spain and the
United Kingdom, “while listening to the interests and aspirations of Gibraltar”, to reach a
definitive solution to that question. It welcomes the establishment of a new tripartite forum
for dialogue under the 16 December 2004 statement made jointly by the Governments of
Spain, the United Kingdom and Gibraltar.
xxxxx
MILITARY GOVERNOR BEING CONSIDERED
Gibraltar could have a military Governor once again in 2006. The Chronicle understands
that names being considered for the post which becomes vacant in the summer include
several senior military men.
Sir Francis Richards leaves in July having extended his stay for a couple of months.
The tradition of a military governor dating pack to the early 18th century was first broken
with the appointment of Sir Richard Luce, who is now the Queen’s Lord Chamberlain at
Buckingham Palace.
Whilst Sir Richard was a former politician and Foreign Office minister, his successor was
Sir David Durie, a former civil servant from the DTI.
Sir Francis was one of Britain’s highest level civil servants having come to Gibraltar from
being head of GCHQ.
Although technically the same the effect of a military governor at the Convent has tended
to pass more of the political role of the day to day Convent business into the hands of the
deputy Governor.
The trawl for a potential governor can take up to six months and has to be approved at the
highest level in UK. Soundings are already taking place.
The favourite is the present First Sea Lord Admiral Sir
xxxxx
 43

JANUARY 2006
New Year’s Honours
CBE FOR GIBRALTAR’S TOP CIVIL SERVANT
Veteran civil servant and Chief Secretary and Administrative Secretary for over two
decades Ernest Montado tops the list for the New Year’s Honours 2006 with the award of
the CBE. Mr Montado has served under four chief ministers – Hassan, Canepa, Bossano
and Caruana - and has been present at most of the key meetings affecting Gibraltar’s future
be they with UK, Spain or both.
Meanwhile Gibraltar’s ‘ambassador’ in UK, Albert Poggio the head of the GIB in
London, awarded the MBE after he first took over the London role a decade ago now
receives the OBE for services to Gibraltar’s interests in the UK.
The year also brings recognition in the form of the MBE to both Leslie Zammitt and Joseph
Catania. Dr Zammitt, former Bayside headmaster receives his for services to drama in
Gibraltar and Mr Catania for services to the Gibraltar Health Authority. This comes after
the GHA has gone through a considerable period of change as the new hospital and systems
came on stream in light of a major review.
Governor’s Awards are being presented to Norma Delgado well known from the Spanish
language programmes on GBC radio, Diego Balbuena for services to the Gibraltar City
Fire Brigade, Barbara Dunn (GSPCA) a veteran campaigner for the prevention of cruelty to
animals and Lance Corporal Aaron Smith for services to the Royal Gibraltar regiment and
to relations between the British and Moroccan Armed Forces.
Lance Corporal Smith has served with the Regiment for nearly 7 years in the Catering
Platoon. In addition to his normal job, he has acted as an interpreter and liaison officer
while deployed on exercise in Morocco. It was during this role that his outstanding
qualities came to the fore. Normal daily duties for him throughout the exercises involved
endless rounds of mediation, negotiations and confidence-building sessions in what could
potentially have become politically sensitive situations. Throughout his dealings Lance
Corporal Smith was diplomatic and courteous whilst maintaining a firm and robust stand to
achieve what was being demanded of him by his superiors.
The Commanding Officer of the Royal Gibraltar Regiment, Lieutenant Colonel Mark
Randall proudly stated “Lance Corporal Smith has demonstrated the highest of standards
and tenacity in fulfilling a very difficult role over the years, outside the parameters of what
is reasonably expected of a junior soldier. His mastery of Arabic and of numerous dialects
is exceptional and this talent has been indispensable during the Anglo/Moroccan planning
meetings”. So much so that the Defence Attaché in Rabat and the General de Brigade on
numerous occasions commended Lance Corporal Smith to his Commanding Officer. His
importance to this unusual secondary role for such a junior soldier was very evident during
this year’s battalion exercise, when the General commanding the 2nd Parachute Brigade
asked specifically for Lance Corporal Smith to be present at all meetings.
Sir Francis said of Lance Corporal Smith’s notable achievement “I am delighted that Lance
Corporal Smith is being recognised in this way. I have seen a good deal of him in the
course of two visits to the Regiment in Morocco, and know how much his skill, tact and
humour have contributed to the success of those exercises. He is an excellent ambassador
for the Regiment, and for Gibraltar”.
NEW YEAR’S HONOURS LIST
Her Majesty the Queen has been graciously pleased to give orders for the following
awards:
Commander of the British Empire (CBE)
Ernest George John Montado For public service in Gibraltar
Order of the British Empire (OBE)
Albert Poggio For services to Gibraltar’s interests in the UK
Member of the British Empire (MBE)
Joseph Catania For services to the Gibraltar Health Authority
Dr Leslie Zammitt For services to drama in Gibraltar
His Excellency the Governor has awarded the Gibraltar Award in recognition of
exceptional services in Gibraltar to:
Gibraltar Award
Mrs Norma Delgado For services to broadcasting in Gibraltar
Mr Diego Balbuena For services to the Gibraltar City Fire Brigade
Mrs Barbara Dunn For services to the Gibraltar society for the Prevention of Cruelty to
 44

Animals. (GSPCA)
Lance Corporal Aaron Smith For services to the Royal Gibraltar Regiment and to relations
between the British and Moroccan Armed Forces.
xxxxx
New Year Message 2006

CHIEF MINISTER’S NEW YEAR ADDRESS 2006

I hope that you have had a happy and peaceful Christmas and festive season with your
family and friends, and that you will enjoy a healthy prosperous and happy 2006. 2005 was
another good year for Gibraltar, as we continued to progress successfully along our
political, economic and social path as a community. Despite the challenges that we face the
economy is very well set for 2006, and if others play their parts, this year should prove to
be a politically significant year for Gibraltar.
Our economy continues to perform very well indeed and to grow handsomely. And public
finances remain in very good shape. As I recently announced, in the year to March 2004
the economy grew by 8% in real terms, and it has nearly doubled in size in the last 9 years.
Since 1996, when we came to office, this growing economy has produced over 3000 extra
jobs. Latest statistics show that there are now nearly 16,000 jobs in our economy, compared
to nearly 13,000 in April 1996. So, contrary to what some people tell you, there have never
been more jobs, nor of more quality, or better paid jobs, for our graduates to return home to
and for our school leavers to move into. This is one of the many positive fruits of our very
successful economy. And they are dignified and real jobs and not meaningless, demeaning,
politically invented jobs. In fact, gaming companies, banks and other financial services
companies are constantly telling Government that they cannot find enough local people to
recruit. It is therefore ridiculous to suggest that cross frontier workers may be taking jobs
that might be suitable for returning graduates who as a result cannot find work to return to
in Gibraltar. And the growth in job numbers will continue.
During 2006, the Government will, as it has done during 2005, continue to support MOD
workers, and their trade unions representatives, to get fair and reasonable deal from the
MOD. As I have said before, the MOD is a very welcome part of this community and we
are glad that Gibraltar can host valuable defence facilities for the MOD, but that sentiment
has to be reciprocated in the way MOD treats its loyal workforce here.
International investor confidence in Gibraltar remains at an all time high. We are now
reaping the rewards of 10 year’s worth of carefully nurtured economic policy. This inward
investments and international confidence is vital to our economy, and therefore to our
social prosperity and to our political stability and security, precisely because it creates good
jobs for our youth and not so young. It also generates revenue for the Government, revenue
that Government then uses to carry out public infrastructure projects, to deliver and
improve our education, health, social and other public services, to pay good public sector
wages – and of course to lower personal taxes as we have done every year since 1996.
Everyone benefits from inward investment and developments – without it, we would not
enjoy the Gibraltar, the economically and socially prosperous Gibraltar that we enjoy
today, nor could we build the politically, economically and socially secure homeland and
future that we are building for our children, grandchildren and future generations.
And, of course, it is this economic success story that enables us to invest in our public
services and to lower taxes, while at the same time maintaining budget surpluses, keeping
record levels of public reserves, and low levels of public debt. And so, we continue to
deliver on our longstanding 4 - pronged economic policy of public investment in capital
projects, public services improvement, tax cuts and sound public finances.
One of the fruits of our successful economy continues to be our health service. I promised
you at the time of the last elections that we would focus, this term, on modernising and
improving our health service, and I am delighted by the progress that we have made to
date. The root and branch clinical review of our medical standards, the new professional,
qualified management, and the new extra doctors and nurses, coupled with our magnificent
new hospital have greatly improved clinical standards as well as facilities for patients and
working conditions for our health workers. Private practice is a thing of the past – and the
elimination of public waiting lists is the next objective.
I would like to take this opportunity to thank our health care workers, the vast majority of
 45

whom have grasped this new opportunity, this new start, to transform our health service for
the benefit of their own job and career satisfaction – but primarily to give this community
the health service it pays for and deserves. Having renewed the Ambulance Service, the
Health Centre, and the hospital and clinical standards, the next and final phase of reform
will see the modernisation and overhaul of our Mental Health Service.
2005 saw a continuation of the Government’s on-going programme to refurbish all public
housing estates and to install lifts where possible. This very significant investment in our
public housing stock, which improves the living environment of thousands of people, will
continue in 2006, and indeed until we have refurbished the entire housing stock. I promised
you that, in addition to focusing on health reforms and improvement, I would focus on
building affordable homes, accessible in price terms to a wide cross section of our
community. 400 such homes are already under construction by the Government at
Waterport Terraces. The analysis of the applications is now complete, and we will make an
announcement this month about the allocation process. In addition to those, around 1000
other affordable homes will be built at Nelson’s view, Cumberland Terraces and North
Gorge.
Our housing policy consists of four main elements. Three are already under way, namely,
refurbishment of the existing public housing stock and lift installation, home ownership
opportunities and reform of housing rules and legislation. The fourth strand is expanding
the rental housing stock and we will announce our plans for this during the first quarter of
this year.
Another area where excellent progress has been made is in our caring or social services.
Last year, we inaugurated the splendid, newly refurbished Mount Alvernia building where
the capacity had been almost doubled and the nature and quality of the service and loving
care of our elderly folk has been transformed beyond recognition. This too is the fruit of
our policy of investment in the modernisation of Gibraltar’s public services. Mount
Alvernia is no longer an institution but a loving and dignified last home for our elderly.
Later this year we will announce our further plans for the development of elderly care
provision in Gibraltar.
Much has been said recently about our youth. Certainly it is true that in this day and age,
the attitude of youth everywhere to authority of all kinds be it police, teachers, parents or
even just other grown ups, is very different to what it was in past times. Successful
parenting, teaching and policing are, as a result becoming more difficult, and I say this not
as Chief Minister, but as a parent of teenage children myself. That said, I do not think that
it is as right or fair to generalise about our youth. I believe that the vast and overwhelming
majority of our youth in Gibraltar are fine young people, who grow up to become valuable
and upright members of our community. If a handful of youngsters (or grown ups for that
matter) misbehave on certain occasions it should be dealt with as a law enforcement issue,
and the Government certainly welcomes and supports the RGP’s new zero tolerance
approach to this aspect of policing.
This year will also see a start to building of new roads and new parking facilities in several
places around Gibraltar. But our policies to invest the financial fruits of our economic
success to modernise and transform Gibraltar is not limited to roads and parking facilities,
the economy, health, housing and social services. It includes also Sports and Leisure. This
year we will complete the major new £8 million plus multi sports complex at Bayside, and
we will continue with construction of a fine leisure centre at King’s Bastion, following its
start by the demolition of the old generating station buildings. A statement about the
Leisure Centre will be made shortly. The newly exposed northern face of King’s Bastion
will remain exposed. And, as promised, when the new housing and leisure centre are well
under way, we will continue with the rebuilding of a new Theatre Royal of which Gibraltar
will be proud for many years to come. And so, as you can see, Gibraltar is progressing
rapidly on a very broad range of fronts.
The same is true of our relationship with the UK, and of our relations with Spain. I said
earlier that 2006 could be a politically important year for Gibraltar. When we arrived in
office in 1996 there was a general clarion call for self determination, but no vision of what
that meant in practice or how it might be achieved - no specific target or vision for our
Constitutional advancement. This Government has plugged that obvious gap with our
policy of decolonisation through Constitutional Modernisation, i.e. establishing a modern,
 46

non-colonial constitutional relationship between Gibraltar and the UK. There will of
course, be no change in Sovereignty under this constitutional Reform – it will remain
British. Nor will there be any change to the fact that, for international legal and political
purposes, we will remain a non-independent, dependency of the UK. But under our
proposals the relationship between Gibraltar and the UK, reflected in a modernised
constitution, would not be colonial in nature. That is what decolonisation would mean for
us. I am delighted that this Government policy has obtained unanimous cross party support
in the House of Assembly as shown by unanimous resolutions and the fact that
Government and Opposition have worked together to thrash out the details of the
proposals. We shall know during the first quarter of this year, I think, the outcome of these
Constitutional negotiations with the UK.
Similarly, when we arrived in office there was no safe and dignified process of dialogue
with Spain on any issue, even simple cross border matters. Indeed, there was no dialogue at
all. There had however been failed attempts before 1996 to establish open agenda, trilateral
dialogue. When we came to office, and for nine years this Government stood firm in
rejecting any dialogue which was structured bilaterally between the UK and Spain. And it
is important to remember the reason for that firmness, for such bilateral dialogue
constitutes the very denial of our political rights as a people. But we did not camp on a
position of rejection of dialogue. Instead we advocated a fair, safe and dignified process of
dialogue in which all parties, including Gibraltar, could take part without prejudicing their
positions on politically fundamental issues. This was finally achieved in December 2004
with the establishment of the Trilateral Forum, which has an open agenda, and is not
sovereignty focused, in which we take part with our own separate voice on the same basis
as UK and Spain, and in which nothing can be agreed unless we specifically agree to it.
Gibraltar has never achieved this degree of security and respect in any process of dialogue.
This represents a big achievement, which those who now try to undermine it (without
actually openly and clearly opposing it) themselves tried and failed to achieve when they
were in office. For example, despite the considerable amount of information publicly
provided after each round of talks, and despite knowing that the detail of such international
negotiations is necessarily confidential until agreements are nearer, the Opposition
complains that the Government provides them with no information. But what is the reality?
Well, since the Trilateral forum was established in December 2004, the Opposition has
asked a total of 1907 questions in the House of Assembly. Not a single one of them has
been about discussions in the Trilateral Forum. Also, the Opposition have had 4
opportunities to bring motions to debate those matters in the House and seek information.
They have not moved any motions in the House, nor written to me on any such matter.
As I have said on many occasions before, the Trilateral Forum is not engaged in any
discussion about Sovereignty or related issues. Spain, the UK and Gibraltar all maintain
their different positions in relation to Sovereignty, and the Gibraltar Government of course
maintains its position in relation to our right to self determination, that is the right to freely
decide our own future, which is inalienable and Gibraltar will never give up or
compromise.
Even though the agenda of issues is extensive and the issues themselves complex, and even
though progress is delayed by events and circumstances often outside Gibraltar’s control, I
hope that, following a year’s hard work by all parties, agreements will emerge early this
year on a number of issues: namely on expanded use of our airport, on Spanish pensions,
on telephones, and cross border traffic flows. Agreements on these issues will be good
generally for Gibraltar, good generally for the people of the neighbouring Campo area and
good for relations between Gibraltar and Spain based on mutual respect. Does this mean
that all problems between us will disappear and that things that should not happen will
never happen? Of course it doesn’t. But that is not a reason for not making mutually
beneficial, politically safe progress where and when it is possible to do so.
You know, the easiest thing for a Chief Minister to do is to enflame anti-Spanish sentiment,
appeal to our rawest nationalist instincts, and make no credible attempt to improve relations
with our neighbour. That is easy, but it is not in Gibraltar’s interests and it passes the baton
of unresolved problems and unnecessary tension to our children and future generations.
That is not leadership, nor is it an adequate vision for our future, nor is it fair or responsible
 47

to our children and grandchildren.

Well, it’s not my approach to this job and it’s not what I’m in politics for. I have always
regarded it, continue to regard it, and will always regard it as my first and foremost duty to
defend, uphold and promote our political rights as a people, our sovereignty, our right to
self determination and to prevent others from doing deals affecting the sovereignty or any
other aspect of our homeland against our wishes. I hope that you will not think it too
forward of me to say that I believe that I and my colleagues in this Government, have
demonstrated over recent years that we are both able and willing to do these things
sensibly, courageously and successfully – whatever it takes and wherever it has to be done,
without undermining our all important economy and social stability in the process.
But that said, done and achieved, I believe that it is the duty of Gibraltar’s political leaders
to work to bring as much normality as possible into our lives for the benefit of ourselves
and our future generations, and this includes resolving those problems with our neighbours
that can be resolved, and it includes establishing the best relations possible with Spain in
general, and the Campo and Andalucia in particular, that our serious disagreements will
allow. These things will bring significant improvements to the prosperity and quality of
lives of people in Gibraltar and the Campo, without political strings attached to either side.
It will resolve problems that affect people on both sides.
There are some people in Gibraltar who appear to believe that Gibraltar is only safe when
there is open hostility between Gibraltar and Spain. This is neither sensible, or true or in
Gibraltar’s interests, or in anyone else’s. We have to break this psychosis. Some tension is
inevitable because of our serious disagreements on fundamental issues and because of
certain continuing attitudes towards us in certain quarters of Spain – but an intelligent and
modern conduct of our interests and affairs is one that achieves both defence and
promotion of our political rights and aspirations and other interests as a people on the one
hand, and the best possible, mutually beneficial relations with our neighbours, Spain on the
other hand. I believe that we have demonstrated and are demonstrating that this is both true
and possible, and that it is the sensible way forward.
It is in this context that we are negotiating a possible agreement that will allow for
expanded use of our airport, which overcomes our exclusion from EU aviation measures
and facilitates flights to and from Spain and other destinations. As I have said many times
before, we are open to an agreement at a commercial and practical level. To reach any
agreement there have to be concessions, or “give and take” by all sides. However, there can
be no concessions on sovereignty, jurisdiction or control of the airport. Nor will there be
Spanish officials present in Gibraltar. None of the parties are seeking to address such issues
in these negotiations, which are not about sovereignty. If it emerges, what will emerge is a
practical agreement that will make our airport more useful for the social and economic
development of people on both sides of the frontier, while fully safeguarding the political
interests of all sides.
In a vibrant democracy such as ours, it is inevitable that Oppositions will seek to
undermine the record and achievements of Governments. But Gibraltar is a politically
astute community which knows how to distinguish between reality and self serving,
politically motivated spoiling tactics. And so, despite what you were told, we have a good
new bus service. Despite what you were told, we have an enviable, great new hospital.
Despite what you have been told the economy and public finance are sound and performing
at record levels. Despite what you were told there has never been more jobs (3000 more)
for our youth and for our graduates to come home to… And, in the same way, and despite
what you are being told the trilateral forum agreements, if they emerge, will be as good for
Gibraltar as they will be good for the people of the Campo area. As with buses, hospitals
and so many other things, events which you will be able to judge for yourselves, and not
self serving political comments, will establish and prove the reality of the governments
achievements and failures.
As I have always done, I will work tirelessly during 2006 to take Gibraltar further forward
and improve the quality of life of as many people as possible. Have a good year. Keep safe
and well and enjoy the very many blessings that we have in Gibraltar.
xxxxx
 48

New Year Message from Liberal Leader

GSD HAVE RUN OUT OF IDEAS, SAYS GARCIA
The GSD have run out of ideas and out of time and the GSLP-Liberal Opposition can win and
form Government at the next elections, that was the confident proclamation made by Dr Joseph
Garcia in his New Year message for 2006.
Chastising the GSD administration for acting as if they were not answerable to anyone for their
actions, Dr Garcia said there was “something seriously wrong with the attitude of a
Government that behaves as if Gibraltar belongs to them.”
On the international front, Dr Garcia repeated the well-known GSLP-Liberal aspiration to a
decolonised Gibraltar, “2006 must be the year of decolonisation,” and rejection of “the Spanish
claim to each and every part of Gibraltar.”
“Everything from the lighthouse to the frontier fence belongs to us and they are never going to
have it back,” he declared.
He said that Madrid continues to undermine the position of Gibraltar in the European Union in
every conceivable way.
On the question of the airport, Dr Garcia referred to Gibraltar’s exclusion from the EU law
blacklisting unsafe airlines, and said Gibraltar is entitled to inclusion in European safety
measures “as a matter of right, as a part of the EU.
Dr Garcia argues that the Rock’s inclusion or otherwise “must not be subject to Spain getting
what it wants.”
“There are serious issues of principle and of law at stake in all this, he declared.”
As regards the reform of the local constitution, Dr Garcia said it would be a serious political
miscalculation to agree to a text which modernises our relationship with UK but does not
decolonise the Rock.
Dr Garcia expressed support for a new constitution that decolonises Gibraltar and affords “the
maximum level possible of self-government just short of independence.”
NEW YEAR MESSAGE
Dr Garcia said: “Gibraltar is one of 16 colonies left in the world. We cannot remain a colony
for ever. The indications are that 2006 will be the year when we finally face our decolonisation
head-on. This is more than just an abstract or academic principle. Decolonisation is a very real
issue, a fundamental human right, to which we are entitled by virtue of our colonial status.”
“The decolonisation of Gibraltar and of the other 15 territories will complete the wave of
decolonisation which followed the Second World War which saw the attainment of freedom
from colonial rule by millions of people all over the planet. In some cases the colonial powers
were willing participants in the decolonisation process and were more than happy to leave. In
other cases, where there were wars of independence, they had to be pushed out by the colonial
peoples themselves. This was of course, a long time ago. The last territory to be removed from
the UN list of colonies, East Timor, was a comparatively recent example of a people who
achieved their freedom in the end despite an invasion and the physical occupation of their
country.”
SELECT COMMITTEE
“In 1999 a process was started by a Select Committee of the House of Assembly to reform our
existing 1969 constitution line by line. This document was approved by the whole House in
February 2002 and, if agreed as drafted, would change the status of Gibraltar by ending
colonial rule while at the same time retaining our links with UK, the European Union and
British Crown. Over 30 years ago, the negotiators of the existing 1969 Constitution thought at
one point that they were engaged in a process to decolonise Gibraltar. Despite the change of the
term “Colony of Gibraltar” to “City of Gibraltar” our international status remained the same.
There has been no constitutional change since 1969. Now, over 30 years later, we cannot make
the same mistake again. Any attempt to agree a constitution which modernises our relationship
with UK but does not decolonise Gibraltar would be a serious political miscalculation. It would
be used as an excuse to deny Gibraltar further change and ultimate decolonisation for another
30 years. We owe it to future generations not to repeat the mistakes of the past. 2006 must be
the year of decolonisation.”
“It has already been made public that agreement between Gibraltar and London on the new
constitutional blueprint is expected in 2006. Assuming that an agreement is reached, then the
document would have to be approved by the people of Gibraltar as their decolonised status in
an act of self-determination. This would give Gibraltar the maximum level possible of self-
government just short of independence. We would have a decolonised British Gibraltar.”
EUROPEAN COURT
 49

Also on the external front, the European Court may well take a decision in 2006 on the
complaint put to it by Spain against the manner in which Gibraltar was enfranchised for Euro
elections. It is clear Madrid continues to undermine the position of Gibraltar in the EU in every
conceivable way. As you know Gibraltar airport was recently excluded from the EU law on the
blacklisting of unsafe airlines. No doubt more of these exclusions will already be in the pipeline
in 2006. The point must surely be that Gibraltar is entitled to inclusion in these measures as a
matter of right, as a part of the EU, and our inclusion or otherwise must not be subject to Spain
getting what it wants. There are serious issues of principle and of law at stake in all this.”
“Much has already been said in relation to our airport particularly from the Spanish side. They
continue to claim that the land on which the airport is situated belongs to Spain and that it was
usurped by the British. We reject the Spanish claim to each and every part of Gibraltar. As far
as we are concerned everything from the lighthouse to the frontier fence belongs to us and they
are never going to have it back. At the time of writing this message there is still no word from
the Gibraltar Government on the details of what they are discussing with Spain over our airport.
We continue to rely
on leaks in the Spanish press and on information made public now and again by Spanish
politicians. This is wrong.”
LUXURY DEVELOPMENTS
“On the internal front, the way in which the Government has continued to handle development
projects is a matter for serious concern. Building and construction are not led by the needs of
the community. They are led by the demand for luxury flats at the high end of the market which
the average Gibraltarian cannot afford to buy. For years now we have a Government that has
sold off huge parts of Gibraltar as if they were dealing with their own private real estate. In
many cases these projects do not even go out to tender, for instance the Mid-Town project in
the naval grounds and the
Nelson’s View development at Rosia Tanks. In other cases, where the tender documents
stipulated low rise construction of four storeys, like The Anchorage in the South District, the
height restrictions were removed after the tender was awarded almost doubling the height of the
some of the buildings in the process.”
READY FOR GOVERNMENT
“There is something seriously wrong with the attitude of a Government that behaves as if
Gibraltar belongs to them and as if they were not answerable to anyone for their actions. The
plain fact is that they will be answerable. They will be answerable to the people of Gibraltar, at
the next general elections. During 2005, over a whole range of issues, more and more people
have turned to the GSLP-Liberal Opposition. This trend will continue into 2006. The GSD have
run of ideas and out of time. We, on the other hand, are ready for the next general election
whenever it may be called and confident that with your support and your backing we can win
and form your next Government. Whatever challenges 2006 may bring us, you can rest assured
that if we stick to our convictions and to the strength of our arguments, Gibraltar will win
through in the end. On behalf of the Liberal Party I wish you all the very best for 2006.”
xxxxx
PROGRESS ON GIBRALTAR, STRAW TELLS COMMONS
• EU constitution ‘in limbo’
Foreign Secretary Jack Straw yesterday effectively declared the European Union
constitution dead. And on the eve of his meeting with Chief Minister Peter Caruana this
afternoon, he also indicated that he was hopeful of “significant progress’’ over Gibraltar as
he was grilled at Commons question time.
Tory former minister John Maples (Stratford-on-Avon) had asked about the extent of
funding to Spain and whether this had implications for Gibraltar.
He said that, in December, Mr Straw announced that transitional cohesion funding to Spain
had been extended.
Mr Maples asked what Britain had “got in exchange”, adding:
“It seems to me that we have given up eight billion euros of our rebate over the next few
years, at least in part to fund Spain’s Moroccan colonies, while Spain does all it can to
cripple Gibraltar’s economy ’’
 50

“As for discussions with Gibraltar, I have to tell you that, since the accession of the new
government, there have been constructive discussions with the Spanish government as well
as, of course, with the chief minister and his government from Gibraltar and I hope that,
despite all the historic difficulties, they may be able to ensure significant progress.’’
Asked about the state of the constitution by Tory spokesman Graham Brady, Mr Straw
said: “I think probably the best that can be said about the European Union draft constitution
is that it’s somewhere in limbo.’’
But after cries of “ah!’’ from MPs, he clarified this analysis, adding: “It shows what a poor
theological background you’ve got ... since limbo’s somewhere suspended between heaven
and hell, it’s difficult to argue that it’s not dead.’’
• Meanwhile it has emerged that the new Estatuto de Autonomía in Spain will keep its
current text and will not include Gibraltar as Izquierda Unida and PA had been seeking.
The current text allows for future inclusion of ‘recovered territories’ without overall reform
but names none.
xxxxx
Works start in June
GRAND PARADE TO CONTINUE AS PUBLIC CAR PARK
* project will have 300 free spaces
Parking in Grand Parade will remain free as part of plans to build a private three-storey
underground car park on the site. Both the Gibraltar Government and Grand Developments
Ltd, the company behind the scheme, stressed that point yesterday as they moved to allay
concerns that the project would cut the number of free spaces available to residents in the
area. While parking spaces in the underground complex will come at a premium, the surface
of Grand Parade will continue as a public car park.
The developer also countered critics who said the project would increase traffic congestion in
the area, arguing that it would instead have the opposite effect.
Cars will access the underground complex through an entry underneath Europa Road
opposite the Queen’s Cinema, but will exit via an ex-military tunnel, the Ragged Staff tunnel,
close to the roundabout at the southern end of Queensway.
“You’re actually getting rid of congestion because we’re decanting out straight into
Queensway, rather than into the Trafalgar circus,” said Howard Danino, a director of Grand
Developments.
According to the company, there will be a total of approximately 1300 parking spaces
available once the project is complete, including some 300 free spaces on the surface level.
The free spaces on the surface of Grand Parade will most likely be designated for use by
Gibraltar residents only.
The subterranean car park has yet to obtain final planning approval but, setting aside any
unforeseen glitches, the developer believes construction work could start as early as June this
year.
Grand Developments is currently conducting a survey of residents in the area to determine
whether drivers interested in the underground complex would prefer to buy or rent spaces.
That will help determine the final make-up of the spaces available in the car park.
“We have to know more or less what kind of demand is going to actually come back,” said
Stanley Prescott, another of the company’s directors.
A circular recently distributed by Grand Developments provided indicative rental prices that
varied from £60 to £85 monthly for unallocated parking, to up to £140 a month for a reserved
space.
The leasehold on a lock-up garage, meanwhile, could fetch anywhere between £25,000 and
£29,500, while the purchase of a parking place leasehold is valued at between £12,500 and
£17,500.
Those rates are in line with current market prices, the company said.
Provisions have been set out to provide alternative free parking during the construction of the
underground building, which will be done in two phases and will take approximately two
years.
The most difficult part will be phase one, which will take about 14 months and will cover
roughly half the area of Grand Parade. During that phase, about 150 free spaces on the
surface will be temporarily unavailable.
During the construction of phase two, which will take about 10 months, the developers will
provide temporary free parking underground for up to 150 cars, in addition to the 150 free
 51

spaces on the surface.

Joe Holliday, Minister for Trade, Industry and Telecommunications, said yesterday that the
project would be beneficial to Gibraltar, particularly because the catchment area for people
who currently use Grand Parade stretches from the Upper Town to the South District.
“The Government is not going to allow a scheme to go through that would worsen either
traffic flow or parking in Gibraltar,” he said.
“The situation can only improve because the current status of the top layer of parking in
Grand Parade will remain as it is today.”
“What will actually happen is that there will be more available spaces because it is obvious
that there will be a number of car owners who currently park in Grand Parade who will take
the opportunity to buy within the new complex.”
Mr Holliday also addressed questions raised in the press last week as to why the project had
not gone out to tender.
He said that the proposal for the underground car park was an original idea and had been
presented by Grand Developments to the government.
“If anybody comes to the government with an original idea for a project which the
government believes is of social or economic interest to Gibraltar, then you’ve got to sit
down and take that project forward,” the minister said.
“But you cannot then put the project out to tender.”
“What’s the use in coming up with ideas [as a developer] if you’re then going to lose out?”
xxxxx
BUDHRANI TO KENYA
Speaker of the House of Assembly Haresh Budhrani is attending the 18th Commonwealth
Speakers’ and Presiding Officers’ Conference being held in Nairobi, Kenya from 3rd to 8th
January 2006.
The Conference will be officially opened by Francis Ole Kaparo, Speaker of the National
Assembly.
Some of the subjects that will be discussed include: the relationship between parliament
and the executive, integrity and security of parliamentary precincts and the development of
parliamentary skills.
xxxxx
Royal Gibraltar Police
GOVERNOR STARTS RECRUITMENT PROCESS FOR LOCAL
COMMISSIONER
* Top level UK police chief to head selection board
Governor Sir Francis Richards has taken the first steps for the recruitment of a local
Commissioner of Police. The position is being offered to local residents who qualify – in
practice current senior officers in the Royal Gibraltar Police who can satisfy the
appointment board chaired by Sir Ronnie Flanagan, HM Chief Inspector of Constabulary
(HMIC).
For sometime there had been doubts within the force that an appointment might be made
from UK as has happened in the case of the present Commissioner Joe Ullger’s predecessor
Alan Castree.
But the public statement, originally planned as an advertisement, is understood to have
been made to raise public awareness of the recruitment process.
HMIC advisors have been in Gibraltar recently to consider the best way to proceed in
finding a successor to Commissioner Ullger who retires as the force closes a celebration of
175 years.
Only a handful of officers in the force are sufficiently senior to apply. Currently the deputy
Commissioner is Jimmy McKay and then there are two superintendents Louis Wink and
Richard Bossano. The next level in to the 200 plus force is Chief Inspector of which there
are six.
In a statement yesterday the Convent said that the Governor has begun the process to
recruit a new Commissioner of Police the position becoming vacant on the retirement of
Commissioner Joe Ullger in early April.
“The Commissioner is responsible for ensuring an efficient and effective police service for
Gibraltar. The Governor aims to appoint someone with the personal qualities required to
lead the Royal Gibraltar Police through a period of great change and challenge,” said the
 52

statement adding that interviews for the position will be held in Gibraltar in early February
by a Board appointed by the Governor to advise him on the selection. It confirmed that the
Board will be chaired by Sir Ronnie Flanagan, HM Chief Inspector of Constabulary.
The Convent also confirmed that candidates must be resident in Gibraltar and will be sent
an application pack for completion.
xxxxx

CARUANA TO MEET STRAW

Trilateral talks planned for later this month
Chief Minister Peter Caruana is to meet with the Foreign Secretary Jack Straw in London
this week. This was confirmed yesterday evening when the Government issued a press
statement following Chronicle questions (Dominique Searle reports).
No 6 said that Mr Caruana, who is to be accompanied by Chief Secretary Ernest Montado,
will be focus the discussions, which include Foreign Office officials, principally on issues
relating to constitutional reform and to issues under negotiation in the Trilateral Forum. He
is also to meet with Defence Minister Adam Ingram.
The meeting comes as Spanish pensions and use of the airport are issues at a critical stage.
It is understood that a meeting of the trilateral forum, but not at ministerial level, is being
considered for this month. Ministerial talks continue to be shunted to an unfixed future date
as sensitive technical issues remain to be resolved ahead of any announcement that could
be made at a meeting of Mr Straw, his Spanish counterpart Miguel Angel Moratinos and
Mr Caruana.
Spain has made clear that agreements that would set off improved practical relations
including frontier flow and co-operation affecting flights, must be concluded as a package.
There are indications that Spain is considering contributing towards payment of Spanish
pension increases if Britain also agrees. But the form of any agreement also could have
implications in Gibraltar.
Spain is meanwhile also pressing for Britain to give written reassurances that no nuclear
repairs on submarines will take place in Gibraltar.
The meeting with Ingram could touch on this issue although the future of MoD jobs is
likely to be the priority on that agenda.

xxxxx
 53

Chief Minister meets Straw and Ingram

CARUANA UPBEAT ON TRILATERAL PROCESS AND CONSTITUTIONAL
REFORM
• MoD have ‘no problem with airport deal’
Chief Minister Peter Caruana ended high level meetings with both Foreign Secretary Jack
Straw and, separately, Adam Ingram, Armed Forces Minister, in an up beat mood yesterday
confident that Mr Straw is giving serious consideration to several key political points of the
Constitutional Reform proposal. Another negotiating meeting, of the full Gibraltar and UK
delegations, on constitutional reform is planned.
Mr Caruana is this morning engaged in discussions with Dominick Chilcott, the Foreign
Office diplomat who represents Britain at the Trilateral Forum. They are reviewing the
progress of the tri-lateral process and likely to be planning the agenda for the next
meetings.
Mr Caruana, accompanied by Chief Secretary Ernest Montado, told the Chronicle last night
that he had met with Foreign Office lawyers in the morning to review more technical
aspects of the constitutional proposals and progress had been made on issues that were
pending since the negotiations at the Caleta Hotel in autumn 2005.
“The meeting with Jack Straw was a good one. The purpose was to follow up on four
issues that the negotiating delegations felt had to be referred to political consideration
between GoG and the UK ministers. I took Jack Straw through the Gibraltar view and our
reasons and he seemed quite receptive,” said Mr Caruana.
He said Mr Straw has agreed to reflect on these arguments and come back.
Mr Caruana had written to Mr Straw on these issues and the opportunity was used
yesterday to use the one hour meeting to expand on these.
Mr Caruana, reluctant to discuss details, said these points related to elements in the
Constitution that Gibraltar’s Constitutional Reform Committee wants to change in order to
make them non-colonial in nature.
“We have put forward very powerful arguments on all four issues. If we win all four we
will be over the moon, if we win most we will have done very well,” he said.
“I think Jack Straw was taken by the logic of the argument. He now needs to take the
decision as to whether the UK is willing to cede the ground or not.”
The two politicians also reviewed the trilateral process and Mr Caruana said that the
Foreign Secretary was clearly well informed, although he has not been involved in talks
yet, and both were hopeful that agreements will be possible.
Asked if there had been progress on issues needing UK action such as pensions Mr
Caruana said pensions is an issue that Spain and UK need to take positions but that “UK is
keen to move the issue forward”.
Mr Caruana said that, although this is a complex and expensive issue, the UK is taking the
desirability of resolving it very seriously.
xxxxx

INGRAM OKAYS AIRPORT MOVES

Armed Forces Minister Adam Ingram has given Gibraltar reassurances that MoD is behind
an airport agreement being achieved so long as its interests are safeguarded. Following his
meeting with the Chief Minister Peter Caruana it emerged that the practical issues include
the funding of the runway and specific issues such as ammunition stores at that site.

Mr Caruana is set to brief the unions on his discussions with Mr Ingram in relation to
contractorisation. He did not want to comment before such meetings but said that those are
ongoing negotiations.
“Both sides appear to be equally hopeful that negotiations will lead to the satisfactory
solution everyone wants it to.”
Mr Caruana said that the adequate safeguarding of these MoD interests at the airport had
also been one of the factors in the Government’s negotiating brief.
Safety, use of airport, ammunition facilities in potentially key zones and MoD reluctance to
subsidise expanded commercial traffic are issues they discussed. MoD will continue to
 54

provide services to the facility.

“There is a list of issues which MoD as owner and financier of the airfield wants to ensure
are taken care of,” said Mr Caruana.
“There is no problem with the MoD on a possible airport agreement.”
Mr Caruana confirmed that part of an airport agreement will involve discussion with the
MoD about the extent to which increased revenue from increased commercial traffic will
eliminate the need for MoD to subsidise continuing civilian operation. “That will happen as
a matter of business model,” said Mr Caruana adding that more traffic will generate more
income for MoD.
xxxxx
Rosia Tanks
DEMOLITION GO AHEAD AS HERITAGE TRUST CONFRONTS GOVT
POLICY
OEM International was last night given the green light to demolish part of Rosia Tanks, in
a decision that drew immediate flack from the Heritage Trust. (Brian Reyes reports).
The Development and Planning Commission approved the company’s demolition
application despite a last-minute attempt by the Trust to delay the decision.
The DPC’s chairman, trade and industry minister Joe Holliday, confirmed that the
application had been approved by a majority vote.
Last night, the Trust and its lawyers were urgently planning a legal counter offensive.
The South District Committee also met last night to discuss its response to the decision.
Despite yesterday’s DPC approval, government buildings officials have to approve some
technical aspects of the demolition, including ensuring that no utilities in the area will be
affected.
Major work is unlikely to start for some days yet.
Rosia Tanks has been at the centre of a heated row since plans to build houses on the site
were unveiled late last year.
Objections to the government-backed project range from concerns about the loss of what
many regard as a valuable heritage site, to fears about the impact on the urban and social
fabric of the area.
There was a rush of activity yesterday afternoon as lawyers acting for the Heritage Trust
moved to file an application for a judicial review of the DPC’s decision last December to
grant outline planning permission for the development.
The application was filed by Keith Azopardi, lawyer with Attias & Levy and Mr Holliday’s
predecessor at the Department of Trade and Industry.
The Trust had hoped that the DPC would postpone yesterday’s vote on the demolition
permit pending the outcome of the judicial review.
Prior to the meeting, it had written to the DPC asking as much. Lawyers acting for the
South District Committee had also written to the DPC with a similar request.
But the application was assessed during the course of the afternoon and was approved by a
majority vote of the DPC.
Last night, the Trust and its lawyers were considering whether or not to apply to the courts
for an injunction to have the demolition stopped pending the outcome of the judicial
review. A key consideration will be the level of costs that might be incurred by the Trust
should the works be stopped for an extended period and the legal case lost.
xxxxx
CASINO NEGOTIATES MOVE TO OCEAN VILLAGE
Gibraltar’s International Casino, part of the Gala group, is negotiating a possible move to
heart island’, a yet to be built part of the Ocean Village development complex. Barclays
Bank is already looking to move its backroom operations there from Regal House.
The negotiations are ongoing but the casino’s managing director Adrian Stevenson told the
Chronicle that the possibility is being explored and that the deal could involve the
developers of the Ocean Village project taking on the current casino premises.
The Chronicle understands that this would be converted to residential premises.
Mr Stevenson said that would be a matter for the developers but the Casino, which is
looking to reinvest in its operation, see the potential of the Marina Bay area because of the
easy access to both a large section of the Gibraltarian community as well as the coach and
cruise terminals.
 55

Nothing has been signed yet but Mr Stevenson believes that the Casino will continue
to be a real contributor to the tourism industry give that it attracts a conside-
rable number of visitors in addition to the bingo and tables.
“We are a popular venue with some big players,” he said.
Work on the heart island could start within the month.
xxxxx

COURT ORDERS FREEZE ON ROSIA TANKS DESTRUCTION

The Heritage Trust has obtained a court order temporarily freezing all major demolition
work on Rosia Tanks. The injunction, which was granted early yesterday morning by Chief
Justice Derek Schofield, requires that the site be preserved in its current state until further
notice. (Brian Reyes reports).
The Trust applied for the order after the Development and Planning Commission [DPC]
voted on Thursday to approve OEM International’s application for a demolition permit.
Earlier that same day, lawyers acting for the Trust had filed an application for a judicial
review of the DPC’s decision to grant outline planning consent to OEM’s government-
backed proposal to build houses on the site.
The Trust had asked the DPC to delay its vote on the demolition permit pending the
outcome of the judicial review, but the vote was taken nonetheless.
The injunction granted yesterday will be reviewed before the judge next Friday. Work at
Rosia Tanks will remain on hold until that time.
By then, lawyers acting for OEM and the DPC will have received the relevant legal
documents and prepared counter arguments.
OEM International is represented by a team from Hassans led by the firm’s senior partner
James Levy QC, while the DPC is represented by James Neish QC.
The Heritage Trust is represented by Keith Azopardi, barrister with Attias & Levy.
In a statement yesterday, the Trust outlined the arguments behind its application for a
judicial review of the DPC’s decision on Rosia Tanks.
That decision was “wrong in law” and “in breach of statutory procedures”, the Trust said.
It was also “in breach of the Trust’s rights to be heard and/or consulted,” the statement
added.
The decision also reflected “a failure to take proper account of the heritage value of the
Rosia Tanks and the wider Rosia heritage site of which the Tanks form an integral part, and
which comprises the rest of the Victualling Yard complex, Parson’s Lodge
Battery, fortifications and Rosia Bay.”
The Trust is due to meet Peter Caruana, the Chief Minister, on Monday to discuss its
concerns on the project.
“Although the Trust asked for an earlier date, the Chief Minister’s diary commitments did
not allow this,” the Trust said in its statement.
“The Trust would have preferred to discuss matters with the Chief Minister before resorting
to litigation but this has not been possible due to the speed with which events have
developed.”
“The distinct possibility that the demolition permit would be issued at [Thursday’s]
meeting of the DPC gave the Trust no option but to proceed with legal action.”
OEM said yesterday that it could not comment in any detail on the latest developments
because it had yet to receive all the documents relating to the Trust’s legal challenge.
“We have to consider the documents and we will then decide on a course of action,” said
one of the company’s lawyers at Hassans.
In a separate development, the South District Committee said it had formally established
itself as an association.
Spokeswoman Gigi Sene said the newly-constituted association fully backed the Trust’s
actions and would continue campaigning against the project.
An appeal will be launched in the coming days to raise funds to support the Trust’s court
action, she said.
xxxxx
CARUANA MEETS HERITAGE TRUST
Peter Caruana, the Chief Minister, and Culture Minister Fabian Vinet met with a delegation
from the Heritage Trust yesterday to discuss a number of issues including the controversial
 56

project to build houses on the Rosia Tanks site.

Neither the Chief Minister or the Trust would comment on the content of their discussions.
Last week, the lawyers acting for the Trust obtained a court order freezing all work at Rosia
Tanks pending a court appearance this Friday.
xxxxx
Trilateral forum
UK-SPAIN CONFIRM PENSIONS MEETING AMIDST REPORTS OF DEAL
• Talks expected late January
by Dominique Searle
The Foreign Office has confirmed that the British and Spanish officials involved in the
trilateral process met on Monday in Madrid to discuss Spanish pensions. Gibraltar was not
present, reflecting the Gibraltar Government's position that this is essentially a UK-Spain
matter to be funded by them. According to Europa Sur yesterday an agreement in principle
has been concluded. The Foreign Office would not comment on that report nor would the
Spanish Foreign Ministry.
The meeting comes just five days after a Gibraltar- UK bilateral in London at Straw-
Caruana level and just a fortnight ahead of trilateral forum talks at Pons-Chilcott-Caruana
level scheduled for UK the week around January 25. And Shadow Minister for Social
Services Charles Bruzon said yesterday that Gibraltarian pensioners must have their
pensions revalued if this happens for former Spanish worker.
IN LONDON
Last week Mr Caruana met Foreign Secretary Jack Straw to discuss the trilateral process
and constitutional reform. The pensions issue was raised. After the meeting Mr Caruana
said that pensions is an issue on which Spain and UK need to take positions but that "UK is
keen to move the issue forward".
Mr Caruana also said that, although this is a complex and expensive issue, the UK is taking
the desirability of resolving it very seriously.
If an agreement on pensions is concluded this paves the way for the next talks, expected in
fortnight between Mr Caruana and the leading UK and Spanish diplomats Dominick
Chilcott and Jose Pons, to set the agenda for a full and first ministerial trilateral.
This would be where Mr Caruana, Mr Straw and the Spanish Foreign Minister Miguel
Angel Moratinos would be expected to announce a package of agreements principally on
the use of the airport, frontier flow and co-operation on a wide range of issues including
telecommunications.
The Chronicle also understands that there are plans for a 'tertulia' that could bring together
leading figures from all three countries in an informal venue.
40 MILLION EUROS
The Europa Sur report claimed that the money involved would be some 40 million euros
and that the Spanish Foreign Ministry had confirmed that a technical meeting had taken
place.
The Chronicle understands that Spain was considering making a contribution to the
payment in certain circumstances.
Yesterday the GSLP/Liberal Opposition noted these remarks on the Spanish pensioners
claim for revalued pensions.
"The Opposition fails to understand why the Government of Gibraltar should think there is
anything complex about it since both Government and Opposition have in the past made
detailed public statements explaining the history of this issue which is not complex at all,"
they said last night agreeing that it is an expensive issue to settle in the sense that it will
cost the UK money which London has been trying to avoid paying since 1989.
HOWE'S PLEDGE
"It needs to be recalled that in December 1985 then Foreign Secretary Sir Geoffrey Howe
gave a commitment to the then Spanish Foreign Minister Fernando Ordoñez that pre-1969
pensioners would have their pensions revalued to the then current 1986 level on 1 January
of that year," they said.
"At the time the payment of social security pensions from the social insurance fund was
paid to all post-1969 contributors at a rate which was increased annually in line with the
percentage increase shown by the Employment Survey for male weekly paid workers. That
is to say annual increases were made above the rate of inflation."
The Opposition says that locally paid pensioners received such increases in 1987 and 1988
 57

and Spanish pensioners received the same, funded by the UK, for those two years.
"In 1988 when the GSLP took office the United Kingdom Government, following a study
that they had funded by agreement with the previous administration tried first to pass on to
the Gibraltar taxpayer the full cost of the Spanish pensions, which was rejected. Then the
UK offered to keep the payments going if they were frozen at that rate paid for by the UK
with any future increases paid for by Gibraltar. This was also rejected."
They add that given this position, it was finally agreed that the UK would continue funding
pre-1969 pensions at the frozen rate, and that Gibraltar paid pensioners would have their
own pensions frozen at the same time to protect the UK from possible legal action by the
European Union on grounds of discriminatory treatment.
"The problem is therefore quite straightforward and simple. The frozen pensions exist
because the UK did not want to pay and wanted to be protected from paying and the
problem disappears the moment UK agrees to pay," says the Opposition.
On the reports of a deal being reached last Monday they say that the indications are that
what is being negotiated is that the UK will make a one-off lump sum payment to cover the
retrospective element for pensions paid since 1989 and that the Spanish Government would
then bridge the gap between the frozen pension and the revalued pension from a current
date onwards on the basis of means tested, non-contributory supplementary pensions.
"This would mean that the cost of revaluing the pensions would be shared by the two
Governments," said Shadow Minister for Social Services Charles Bruzon.
'PAY UP'
"The Gibraltar Government, for its part, has apparently been urging the UK to meet the
cost of Spanish pensions. This is not a new position. The Opposition believes that if and
when this happens there must be equal treatment given to local pensioners.
In other words, local pensioners must have their pensions revalued as well," he said.
xxxxx

CIA secret movement of terrorist suspects

GIBRALTAR INCLUDED IN EU-WIDE PROBE
Gibraltar will be included in the scope of an investigation into the allegations that CIA both
ran detention centres in Europe and used airports in Europe to transport terrorist suspects to
locations where they could face torture.
However, reliable sources in the Parliament have indicated to the Chronicle that Gibraltar
has not, as yet, been mentioned in the context of these movements. A cross-party
committee of 46 MEPs will also examine whether European governments knew about these
alleged practices - and if EU citizens have been involved.
xxxxx
Fate of Rosia Tanks to be decided next week
HERITAGE TRUST GETS A GLIMPSE OF THE TANKS
by Brian Reyes
Members of the Heritage Trust inspected Rosia Tanks for the first time yesterday to assess
whether it was worth pursuing their legal battle to try and save the site.
After weeks fighting to protect what the Trust believes is an important historical asset,
members finally got to peek inside.
The visit followed a meeting in the morning between Chief Minister Peter Caruana and
senior representatives from the Trust and OEM International, the developer behind a
government-backed project to build houses on the site.
The meeting in No.6 Convent Place came just hours before a hearing in the Supreme Court
to review an injunction obtained by the Trust a week earlier to freeze all demolition work at
Rosia Tanks.
The Trust had already filed an application for a judge to review the decision by the
Development and Planning Commission [DPC] to grant outline planning permission for the
housing scheme.
At the hearing yesterday, lawyers acting for the DPC, OEM and the Gibraltar Government
left no doubt that they would firmly oppose the legal challenge to the project.
Together they will question the grounds on which the injunction was obtained and contest
the Trust’s application for judicial review.
But it is possible that, having inspected the tanks, the Trust’s position will change by the
 58

next hearing.
In theory at least, it might even drop the legal action.
A full meeting of its board of trustees is scheduled for Monday and there may be “further
discussions” after that, said Keith Azopardi, the Trust’s lawyer.
The court will reconvene next Tuesday to hear legal arguments from five lawyers
representing interested parties. Each barrister will have just one hour to present his client’s
case.
The injunction freezing all work remains in place until then.
The Trust’s visit to Rosia Tanks yesterday was something of a short and cursory trip.
Given the tricky access, its members did not actually enter the tanks.
But they did manage to look inside one– No.6 – from its hatch door entrance.
Yesterday, none of the Trust’s members would comment on their initial impressions ahead
of Monday’s board meeting.
Members of the South District Association, who have also filed an application for judicial
review of the DPC’s decision, are scheduled to visit the tanks on Monday.
Nick Cruz, the association’s lawyer, said there were many common issues between the
group’s position and that of the Trust.
But he said the potential exposure to a high bill for legal costs meant the chances of the
association’s members seeking an injunction should the Trust withdraw were “not
particularly great”.
They would probably continue with the application for judicial review, but any freeze on
demolition work would have to come from the court itself.
The hearing next week will start on Tuesday and conclude the following day, focusing
mainly on technical legal arguments.
The Chief Justice, Derek Schofield, said he expected to reach a decision by Friday at the
latest.
The DPC is represented by James Neish QC, the government by Freddie Vazquez QC and
OEM by Daniel Feetham.
xxxxx
ROSIA TANKS BEFORE THE COURTS TODAY
The issue of Rosia Tanks goes before the courts again this afternoon at 2.30 following a
series of intense discussions between lawyers and heritage representatives over the
weekend. The South District Committee was meeting last night to consider its position as
the Heritage Trust left a meeting with the Chief Minister at No6 understood to have lasted
over two hours.
The Trust is under pressure because the injunction they obtained could mean heavy costs if
the developer wins the legal argument.
Today’s hearing follows an adjournment from Friday’s session after which the Trust went
down to the site.
CONSERVATIONIST LOBBY
Two conservationists, Lionel Culatto and Willie Serfaty were allowed to enter the Tanks
yesterday afternoon. Mr Culatto was ecstatic after seeing what he described as the
“cathedral like vaults”.
“I really did not expect it to be so dramatic,” he said adding that he believes good use could
be made of the site and that it should not be even partly demolished.
“The current development plan does not allow the building of a block of flats on the Tanks
site. If the Chief Minister wants to build those flats Government must abide by the law of
the land and an amended planning scheme must be produced for public scrutiny in
accordance with the law that his own Government passed in 1999.”
“Respect for the rule of law is a basic foundation of any democratic system and is what
distinguishes democracy from a dictatorship. As a lawyer the Chief Minister knows this
well enough and certainly believed it when he said those same words when he wrote a
letter to the Gibraltar Chronicle on the 11th September 1986. The principle has not
changed,” said Mr Culatto.
xxxxx
CARUANA AND PONS MEET THIS WEEK
Chief Minister, Peter Caruana, will be meeting with Spanish Foreign Office Director for
Europe and the Americas, Jose Pons on Friday, No 6 announced yesterday.
 59

It said that the meeting is in preparation for the next trilateral meeting. Mr Caruana will be
accompanied by Chief Secretary Ernest Montado.
The date and venue of the next trilateral meeting will be announced by the UK Government
which will host the Forum Meeting, said No6.
xxxxx
Court hearing
ROSIA TANKS SET FOR DEMOLITION AS HERITAGE TRUST BACKS OUT
* SDA in plea to Caruana and DPC to visit site
Dominique Searle reports
There is now no legal obstacle to the demolition of Rosia Tanks and heavy machinery is set
to move into the early 19th century site within a week. It could happen today. This follows
the Heritage Trust’s decision yesterday to reluctantly withdraw from proceedings which it
says it cannot afford. The Trust’s lawyer, Keith Azopardi, insisted that his client still
believes the tanks should be saved.
And the South District Association (SDA) made a call from court urging Peter Caruana,
Chief Minister, and the Development and Planning Commission (DPC), to visit and see the
tanks for themselves before these are destroyed.
SDA lawyer Nick Cruz made no application to the court for an injunction, but instead
indicated that by Monday he would have instructions on whether or not he should proceed.
The Trust’s decision to pull back from both the injunction and their application for judicial
review of the Development and Planning Commission’s decision was revealed before Chief
Justice Derek Schofield in a hearing at Supreme Court library yesterday. In a palpably
sombre atmosphere the court was told that the Trust could not risk the costs and damages
its action might have incurred. The Trust, created in 1986 and having experienced several
transformations since, is a statutory body set up by Government and funded by them with a
£30,000 annual subvention.
Informed sources say that that the damages claimed by OEM International, the developers,
could have been in the £50,000 to £70,000 a week region. However, it is understood that
had the Trust acted earlier they may have avoided this potential liability in terms of
damages although any action risks costs mainly from legal fees of the other parties if they
win.
OEM International is understood to have signed with their contractor Haymills just hours
before it was served with an injunction from the court when the Trust first acted on January
13.
And the Trust itself is known to have delayed considerably given that Government
announced its plans in October and on November 23 2005 the DPC gave outline planning
permission which could have been challenged then before the company had engaged in the
project.
Whilst the SDA consider their next move, the Heritage trustees left the court gloomily and
with an air of defeat, handing out a statement in which they said that they “continue to be
implacably opposed to the destruction of these tanks. This view was reinforced after a
physical visit to the tanks on Friday (January 20) when the opinion of those attending was
that they were in good condition.”
The statement echoed Mr Azopardi’s own to the Chief Justice that his application was for
leave to discontinue on the basis that there would be no order as to costs. He said this
followed the meeting between the Trust and the Chief Minister on Monday evening.
The Trust’s reasons for the instruction, decided on by majority vote of its Board on
Monday, was that they could not afford to become engaged in a protracted legal case which
had the potential of exhausting their limited funds.
The Trust said that, in any event the Government might take the project over and carry it
out as a government project “thereby circumventing the need to obtain planning
permission. It also stated that the Trust’s limited funds – which the Chronicle understands
are in the £150,000 region - might “perhaps” be put to better use in the many projects in
which it is currently engaged.
“The decision to withdraw is taken with great reluctance but in the light of the realities of
the situation and the means at the Trust’s disposal. The Trust’s decision has no bearing on
the merits of the case, its own legal assessment of the prospects of success or the heritage
value of the site itself.”
“[The Trust] has come reluctantly to the view that it had little option but to take this course
 60

or risk the continued existence of the Trust,” it said adding its continued support for the
Government’s objective of the construction of affordable housing. The Trust was merely
seeking to question the building of these at Rosia Tanks, it said.
Mr Azopardi had told the hearing that “sometimes cases are not decided on merit” but that
after much agonising behind closed doors the Trust had taken its decision and would now
get on with its duties as best it could.
There was no objection to the withdrawal from the DPC and its lawyer James Neish QC
explained that the DPC had not taken part in any of the negotiations. Freddie Vazquez QC
for the Government said that his client respected the integrity and proper intentions of the
Trust but felt they had been misguided and wrong in taking up these proceedings. Daniel
Feetham, acting for OEM International, confirmed that there would be no application as to
costs. The judge allowed the application to be withdrawn with no order as to costs.
The collapse of the action leaves several issues, that would have been explored if the
judicial review had gone ahead, unanswered. The proceedings of the DPC would have
come under scrutiny including the case made to members and how they each voted.
It has also emerged that the DPC did not even visit the site, an issue taken up by the SDA
lawyer Nick Cruz.
He said that the SDA’s experts Lionel Culatto and Willie Serfaty had visited the tanks on
Monday and their views confirmed the Trust’s position. The vaults are in excellent
condition, he said, adding that the experts had described them as “cathedral like”.
The judge indicated that if proceedings had been started the court itself might have wanted
to view the tanks, subject to any submissions.
Mr Cruz also said that until Monday he would not be able to give an indication on whether
his clients will proceed. This is pending further legal consultation but all indications are
that the issue of costs is the main factor.
He said his clients “cannot afford the luxury of damages that might be awarded.”
Although he had given notice of judicial review proceedings and papers had been served,
the parties had been asked not to spend time on these. No application was made yesterday
that could halt demolition works.
Later the SDA said they were angry and upset at the turn of events.
“We reiterate our request made during the hearing in court this afternoon that the Chief
Minister and members of the DPC should visit the site so that they are fully aware of what
part of Gibraltar’s heritage they are so eager to destroy forever,” said the SDA.
xxxxx
GSLP/LIBERALS ‘TOTALLY OPPOSED TO ROSIA DEMOLITION’
GSLP/Liberal Opposition yesterday declared that it is totally opposed to the demolition of
Rosia Tanks. They said that they had awaited for the outcome of the court case before
commenting. “We are committed, if elected into government in time, to find an alternative
site for the Nelson’s View development and in this way save the Rosia Tanks,” they said.
The Opposition said that the circumstances which have led the Heritage Trust to drop the
court case, for fear of the financial repercussions, has exposed a serious issue of principle.
“This centres on the inability, in practice, of a statutory organisation to have access to
justice on a matter of great public interest, all the more so when faced on the other side by
the combined resources of the Government and a developer,” said Dr Joseph Garcia.
He said that the Opposition maintains its view that the Government only has itself to blame
for the controversy.
“It will be recalled that the Opposition originally questioned, both inside and outside the
House of Assembly, how the site at Rosia Tanks came to be included in a tender which was
for North Gorge and Buena Vista only.”
“We made the point that what the Government should have done is to proceed with the
original project as advertised in their tender notice, and then allow tenders for the new site
at Rosia Tanks. This would mean that other prospective developers could have different
ideas for the site which would be more in keeping with the concerns that have been
expressed for the area.”
It was confirmed that the Leader of the Opposition Joe Bossano has now written to the
developer OEM International to advise them that the Opposition has taken a policy
decision against the Nelson’s View development at Rosia Tanks.
The Opposition have told the developer that it does not accept that the choice is whether
Rosia Tanks should either be developed on the one hand, or preserved with the loss of 200
 61

housing units on the other.

“This is so quite simply because the 200 housing units could be constructed somewhere
else at an alternative site” said Shadow Minister for Trade and Industry, Dr Garcia. He said
that the Government had much to answer for.
“In 2002, the Government tender documents for Grand Magazine, the Victualling Yard and
Rosia Mole specified that ‘the area is overdeveloped as a residential area and
underdeveloped as a local and tourist asset.’ It went on to say that the “areas are of high
historical and heritage value and include some of the most important constructions of this
nature in Gibraltar.”
Dr Garcia said: “It is therefore contradictory for the Government to construct more houses
in an area which they themselves considered, as far back as 2002, was already
overdeveloped. It makes even less sense for the Government itself to have identified the
need to improve the touristic value of the area based on its heritage assets, and now proceed
to knock down the historic water tanks which are part and parcel of those very same
heritage assets. When questioned about this, the Government’s feeble reply was that they
had changed their mind.”
“It is clear to the Opposition that the lack of a tender process, the lack of proper planning,
the shift in Government position and the absence of an updated development plan have all
contributed to the present mess. It is, in every single respect, a mess of the Government’s
own making and the political responsibility for the wanton destruction of part of our
heritage falls squarely on their shoulders,” said Dr Garcia.
xxxxx
TOURISM MINISTER HOSTS PRESS DINNER IN MADRID
Deputy Chief Minister Joe Holliday hosted a dinner in Madrid last night attended by 22
travel journalists, on the eve of FITUR. The journalists represent a cross section of
magazine titles and national newspaper travel supplements.
The Minister addressed those present and highlighted the projects that are underway for
increasing Gibraltar’s hotel bed-stock. The journalists present showed interest in the tri-
partite talks and in particular the development of Gibraltar airport. The Minister was
confident that developments in this respect would happen in the near future.
After dinner Minister Holliday presented the first Gibraltar Tourism Journalism Award in
Spain for the best article on Gibraltar published during 2005. The winner of the Award is
Ana Vara, whose article “Gibraltar: Más que un Peñon” was published in the magazine
“Turismo y Aventura” last April. Her prize consisted of a cheque for EUR 1000 and a glass
model of the Rock.
xxxxx
GOVT ORDERS TOTAL PIGEON CULL AS ANTI-BIRD FLU MEASURE
Government will order a total cull of Gibraltar’s wild pigeons in a pre-emptive move to
protect humans against bird flu.
The dramatic step is being taken on the advice of the Civil Contingency Committee’s
Avian Flu Group, which met this week.
It means that undomesticated pigeons such as the ones seen on Main Street and in
Casemates Square will be humanely killed.
“Although the feral pigeons do not currently represent a threat to public health in the
context of Avian Flu, they represent the most likely source of bird to human infection in
Gibraltar should Gibraltar’s wild bird population ever become infected in the future,” the
government said in a statement.
“In that eventuality, and since culling takes a considerable period of time, it would not be
possible to take timely action.”
Officials stress that this is a precautionary measure and that there is currently no risk to
human health in Gibraltar from bird flu.
There is no evidence of wild birds in Gibraltar having contracted the virus and, even if
there were, the risk to humans would in any case be negligible.
Additionally, documented bird flu cases around the world have shown that the virus has not
spread between humans.
The Avian Flu Group continues to closely monitor international developments and advice
on this subject.
This week it reviewed progress in developing Gibraltar’s response plans in case the need
 62

should ever arise to protect the local community.

Stocks of a flu vaccine that could help minimise the effects of the virus have already been
ordered.
Alongside the pigeon cull, the government will ban imports of poultry and poultry products
from countries which have suffered bird flu outbreaks.
An advisory leaflet will be prepared and circulated to households in order to reassure
people about the current position, which does not represent a threat to public health in
Gibraltar.
The Avian Flu Group is chaired by Peter Caruana, the Chief Minister, and includes Ernest
Britto, Minister for Health; Jaime Netto, Minister for the Environment; Ernest Montado,
Chief Secretary; Dickie Armstrong, Assistant Chief Secretary, Dr Vijay Kumar, the
Director of Public Health; Dr David McCutcheon, Chief Executive of the Gibraltar Health
Authority; Joe Catania, Deputy Chief Executive of the GHA; Pepin Delgado, the Chief
Environmental Health Officer; John Cortes, general secretary of the Gibraltar
Ornithological and Natural History Society; Mark Pizarro, veterinary surgeon; and Leslie
Edmonds, the government’s Civil Contingency Coordinator.
xxxxx

AZOPARDI LUNGES OUT AT GOVT OVER ROSIA TANKS

As the developers OEM International met yesterday to finalise the technical issues and
their strategy for demolition of Rosia Tanks, Keith Azopardi, former deputy Chief Minister
of the last GSD Government, has attacked his former leader over his handling of the affair.
In a letter to the Editor Mr Azopardi, former DTI and Heritage minister and with the GSD
Government from 1996 – 2002, states that Government should, if necessary, provide the
developer with an alternative site for housing. With part of the £15 million it is receiving
Government should restore and find a sensitive use for the Rosia Tanks, he says.
“Government needs to be careful that by doggedly insisting on having its way on the Tanks
it does not exert its political muscle in a way that is repugnant to many of its citizens and to
the democratic values of this community,” he said.
Former AACR minister George Mascarenhas has also written in and is calling for an
inquiry on the issue.
“Desperate measures by a desperate Government and the worst thing is that the end result
will not even deliver the ‘affordable’ housing that we so badly need,” he says.
The GSLP/Liberal Opposition has also spoken out urging the demolition be stopped.
Although the South District Association have not yet formally dropped their plan for legal
action this is likely to happen next Monday unless they are advised to act. Their fears are
the costs involved in a protracted action. But sources in the SDA said that they have not
given up the battle.
OEM International is led chairman Robert Noonan. He has been involved with Gibraltar
for over 12 years and via his Irish Trusts.
When the affordable housing project was announced it was revealed that he made a
donation of £1m towards to fund the new swimming pool currently under construction at
Europort Avenue for the elderly and disabled.
He was also leading the now abandoned project to build an airport in the Jimena area.
Meanwhile it has emerged that Rosia Tanks have been highlighted as part of Gibraltar’s
heritage worth protecting since the early 1980s. Marcus Binney of SAVE Britain’s
Heritage said yesterday that this position was restated in a SAVE report on Gibraltar
published in 1995.
And the Heritage Trust chairman Joe Ballentine was yesterday trying to focus on the duties
that remain for the Trust to continue with. It emerged that the Government subvention for
the Trust is in fact only £8,500 a year and that the £30,000 earmarked in the last Estimates
relates to a one-off payment Government is offering the Trust in return for the lease of the
Victualling Yard proper.
The Trust currently earns rent from allowing companies to use the vaults in the building as
stores. Government has asked for the return and ideas for the use of the building are
understood to include kennels as well as parking for police vehicles.
But Mr Ballentine said he is satisfied that the Government will seek to make the Yard a
 63

protected building. At present, under the Gibraltar Heritage Trust Ordinance 1989 only the
gates of the Yard are protected. Most of the fortifications and caves are protected as are
some buildings:
Church Doorways, St Jago’s Barracks, Convent Stables, The Convent Main Street, Court
House Main Street, Exchange Building, Gibraltar House of Assembly, Moorish Bath,
Garrison Library and Gardens, Cathedral Church of St Mary the Crowned and the
Synagogue, Engineer Lane.
Mr Ballentine said that the Trust has made recommendations for buildings it wants
protected but draft amending legislation has been around for some time without being
enacted.
Marcus Binney’s SAVE report is one of the guiding documents of the Trust in its work.
Mr Binney says that some 1100 structures and buildings were identified by them and he
expressed dismay at the plans to demolish the Tanks which, he says, are an integral part of
the Victualling Yard complex.
“The Victualling Yard is of enormous importance. Gibraltar’s naval heritage is very
complete and unique, “ he said.
A POTTED HISTORY OF THE VICTUALLING YARD
During much of the 18th Century the dockyard was sited at the New Mole but the
victualling was concentrated at the North Mole. There were two main stores, one at
Waterport and the other at the White Convent in Irish Town.
During the Great Siege these facilities were found most inconvenient as they were too close
to the enemy lines. With the loss of Minorca and the alienation of Britain in the
Mediterranean following the American War of Independence, victualling and in particular
the supply of water, became a major problem for the Royal Navy.
It also became clear that it was unlikely that Minorca would ever again be permanently
available.
John Jervis, Lord St Vincent, had been appointed Admiral in Charge of the Mediterranean
Fleet, and in 1799 whilst staying ashore, through ill health, in one of the houses in Rosia
Parade, known then as “Rosia House” (part of that house is now St Vincent House –
originally St Vincent House and the adjoining house was one larger house) recommended
the re-siting of the victualling yard to Rosia, adjacent to his house.
The site was particularly suitable as there was access to Rosia Bay and was protected from
the seaward gunfire by the outcrop known as Parsons Lodge Battery. Furthermore it was
out of range of the enemy guns at the North Front.
The works were carried out by a local contractor, John Maria Boschetti, and it seems that
his original quote in 1799 was for just over £22,000. This estimate in 1807 was just over
£40,000 but in 1808 his estimate had risen to over £62,000.
It is generally accepted that the tanks were commenced in 1799 and completed in 1804.
However, although they were aware of the proposed scheme in 1799 the Navy board only
approved the project in 1807 and again it is not clear whether that was only the dry stores.
It is not unusual (in Gibraltar certainly) for works to be carried out without formal
approval, especially if they were perceived to be urgent. It is generally accepted that the
whole complex was completed in about 1812, although the dry stores themselves may well
have been completed earlier. (Abridged from Lionel Culatto)
xxxxx
Annual dinner speech
GFSB PRESIDENT GRILLS GOVT OVER HUGE INCREASE IN BUSINESS
COSTS
* Protect local firms, says Guerrero
GFSB President Marilou Guerrero yesterday quizzed the decision by Convent Place to
considerably increase all the costs of doing business in Gibraltar. During her speech at last
night’s annual dinner of the small business federation, Ms Guerrero questioned the need for
a 100% (or more) increase in all government licences and fees, in the light of
Government’s repeated assertions that inward investment had increased and was bringing
in more money for its coffers.
Ms Guerrero declared: “Water and electricity have also been significantly increased for
businesses and residents alike, as have the connection and standard charges. Early payment
rate relief for businesses has been reduced by 10%, and in many cases the rates increased.”
She said larger businesses could assimilate these increases, but small firms that support
 64

many families and add diversity to the economy could not remain competitive, and run a
real risk of closure.
Criticising a lack of meaningful consultation, forward planning and advance warning of
decisions on the part of the Government, Ms Guerrero said it was difficult for businesses to
budget for the future and give quotations for work when rules change without notice and
that some industries submitted for tenders that have to fix prices 12 months in advance on
information that is currently available.
“The shortfall caused by unexpected increases has to come out of the bottom line profit,”
she said.
Although Ms Guerrero welcomes and recognises the need for inward investors, Ms
Guerrero argues that local firms “must be protected and encouraged as well”.
“We have to do everything we can to make entrepreneurial dreams a reality, and not place
obstacles in their path,” she declared.
Meanwhile she claimed that lack of consultation by Government meant that people were
giving up and resigning themselves to accept the inevitable.
Even when consultation occurred and agreement was achieved, she continued, it was a fact
that implementation did not always follow.
Ms Guerrero also asked whether Government has “a strategic plan for Gibraltar’s
economy” or dealt with situations as they arise or “at best in four year cycles till the next
elections.”
She said businesses require flexibility when hiring workforce, especially in the tourism and
hospitality industry, to meet market demands. A long overdue Government commitment to
restructure Social insurance contributions with fairer rates, she said, would benefit
employer, part-time employees, and assist in eradicating illegal labour.
“We are still waiting. Instead, the contribution rates were increased this year, including
those for part-timers.”
Ms Guerrero also criticised the existence of delays when dealing with Government and said
the seven Ministers in charge of departments and many efficient Civil Servants must be
allowed to get on with their jobs.
“To not do so is demoralising and results in delays and inefficiency and the obvious current
state of apathy and lack of motivation, that affects us all down the line.”
Ms Guerrero said the tourist product which was “the mainstay of the economy,” remains
very “tired” and pointed to the need for beautification and renovation of sites. She also
deplored the lack of funding in this area and cuts to the current tourism budget. “Have any
of you visited Europa Point or the Upper Rock recently? Or wandered through the upper
town areas?”
Commenting on the announced increases in Upper Rock entrance fees for tourists, to
support a £2 million beautification programme, she said that renovation and repairs to the
sites should have been taking place during the last few years “when tourists have been
paying high entrance fees.”
She urged the authorities to resort to more effective publicity to obtain much better results,
and argued that we were using antiquated methods to get the tourist message across. Ms
Guerrero noted satellite television adverts and ‘in your face’ promotion used by “our
neighbours and other tourist areas in the Mediterranean.”
She said the Rock should use modern tools and communication methods, television and the
internet, “invest now to obtain the rewards in the future.”
As regards relations with the TGWU, and the threat of a general strike, she said the Union
had accused them of having “third world conditions for our employees.”
Ms Guerrero expressed their openness to discuss issues with them, and explained that many
businesses were not in a position to accept substantial demands on behalf of employees.
She called for such expectations to be realistic and that “extremely good” public sector
agreements with Government, did not mean this could be matched in the private sector.
“We have to make the money to pay for both,” she said.
Ms Guerrero also said the Rock was exposed to competition and must be ready to adapt to
changing conditions.
GUERRERO’S CROSS-BORDER CONCERNS
Ms Guerrero last night noted the “lack of information” that in her view is raising serious
doubts and concerns as regards “the cross border cooperation and possible airport
agreement.” She said this would affect business “in a tremendous way and there is no
getting away from reality.”
 65

Ms Guerrero urged a process of meaningful consultation at every stage on the practical

decisions that will affect the business environment or community.
She said: “Subject to political considerations, commercial details must be shared and
discussed.”
“I would like to know what the views of the opposition are on the airport agreement and
cross-border cooperation with regards to business issues. I have heard their views on
pensions, but have not heard them express their position or question the Government on
any other issue of this very important possible development.”
xxxxx
SDA VOW TO FIGHT ON
The South District Association yesterday said it will continue to battle on to stop the
building of flats on the Rosia Tanks site. They are due to decide on whether they move
ahead with a bid for an injunction but said that their spirits are high and they remain
committed to their campaign. “We are not giving up,” said a spokesman.
xxxxx
‘GIB ECONOMY CAN FORGE AHEAD, WITH ME’
• Bossano tells GFSB
Opposition Leader Joe Bossano last night told the business community that he believes that
Gibraltar’s economy is well placed to forge ahead. In a speech to the black-tied and
evening dressed gathering of Gibraltar Federation of Small Businesses (GFSB) members at
their annual dinner he set out to analyse the economy and suggested that it would perform
better if he was Chief Minister.
The annual dinner at the International Casino heard strong criticism of Chief Minister Peter
Caruana’s handling of the economy but also an admission from Mr Bossano that all
politicians make mistakes.
“Let me say that whilst I disagree with the view that the present Government, or for that
matter any government, can do no wrong it would be equally false to suggest that they get
nothing right. But it’s not my job to go about highlighting what they get right and singing
their praises. They have plenty of others already doing that for them so I don’t really think
they need any help from me. “
“We all make mistakes in life. The GSLP Government made them and got some things
wrong as well as getting many things right. The important thing is to acknowledge one’s
mistakes and learn from the experience so as not to repeat them,” he said .
Mr Bossano recognised that although today, the private sector has to operate in an open and
more competitive climate the business community has always shown a great capacity to
adapt and take advantage of new opportunities.
“Provided the Government can get its house in order the prospects for the local small
business and for the overall growth rate of the economy are sound and we are working on
the programme for the future on this basis,” he said.
And he declared that the GSLP/Liberal policy is to achieve high economic growth. “We
believe in setting out the targets beforehand so that you can measure our success by
comparing the results with the targets,” he said.
“Our economic policy is to have a Gibraltar Business Plan. But, of course, just like in a
business one does not reveal to the competition the details of what we propose to do. “
Mr Bossano said that fiscal policy needs to be complementary with economic policy and
with social policy objectives. He said that tax incentives for small businesses, rate
reductions for given types of businesses, keeping down electricity and water costs are all
examples of fiscal policies, but ones which can be given effect, in measures designed to
favour and promote economic growth. “One can use taxation policies to promote business
expansion, which in turn produces higher economic growth. “
“When 1988 the GSLP Government had removed the levy on bunkering sales the result
was a huge expansion in oil bunkering from Gibraltar, which then led to offshore bunkering
companies coming and which created a market that continues to grow to this day”, he said.
GROWTH
“Recently the Government has been boasting that the estimate for growth in the economy
was 10.4% in the financial year 2003/2004. We welcome this rate but are convinced it is
possible to do better,” he said.
“The current economic policy is to say that the economy is booming whether it is growing
 66

at 5% or 10% simply because the underlying philosophy is never to admit that the
Government is capable of making mistakes of getting anything wrong,” he said.
Mr Bossano said that the small business sector is not growing or making ever bigger profits
year after year and that retail trade is not increasing in line with the overall rate of
economic growth. And he accused the Government of failing to listen to people.
Mr Bossano said that out of 1,400 employers in Gibraltar some 1,100 are small businesses.
“They are struggling to survive. The GFSB rightly recognises the desirability of
encouraging inward investments, we believe in this too, but the big boys need no help, they
know how to look after themselves and they will only stay here for as long as we provide
them with a more profitable environment than the competition. “
On Government spending Mr Bossano was not drawn on the size of the public service:
“There is no golden rule as to how big or how small the public sector should be. The only
rule that counts is whether we can afford it, whatever the size”.
“If the economy grows faster, the Government can also grow but at a slower rate. If on the
other hand the Government spending grows faster than the rest of the economy, then it
must eventually make one of three choices. Either raising taxation, or cutting back
spending, or going into the red and bridging the gap by drawing on the reserves or
borrowing,” he said adding that after the 2003 general election there has been all three.
“In the 2003 budget when the Government predicted a £6.7 million surplus, I said their
figures were wildly optimistic. Immediately after it was re-elected, the Government
admitted it needed to raise money to cover the deficit they had known of, but kept quiet
about, during the election campaign. As everyone now knows the deficit for that year was
over £7 million. Not the £1.3 million shown on the books by massaging the figures through
creative accounting,” he claimed.
Mr Bossano said that the audited accounts show is that in that year, 03/04, Government
spending increased from a figure of £178.9 million in 02/03 to a figure of £201.6 million.
“A rise in one year of £22.7 million. A new record, but one which Mr Caruana does not go
around boasting about”.
“What is worrying about the situation is that the year when the Government accounts go
into the red is the year when the economy has grown over 10%. The implications of this are
that even this level of economic growth, 10.4%, does not result in revenue flows to the
Government to make annual increases in public spending of this order sustainable,” he said.
Mr Bossano said Gibraltar is told it has never been more prosperous “ but we go deeply
into the red at the same time.”
“Looking at the expenditure to see how you use public money in a way that helps the
achievement of your targets on the economy, using your revenue measures in a way that
does hinder, those very same objectives. That is the key to a successful fiscal and economic
management programme that sustains the level of the public sector, but not at the expense
of the private sector,” Mr Bossano to
ld the GFSB.
Mr Bossano also said that the “Jewel in the Crown” in the picture being painted of the
economy “is the so-called, fabulous “Sovereign Bay”, which is predicted to bring into
Government coffers between £60 and £100 million. “
“You may not recognise it, but this is the very same land that these very same people when
in Opposition constantly campaigned against and obstructed. When the land was being
created it used to be a scrap yard, according to them, because building rubble was being
used to reclaim land at minimal cost before 1996. It can’t have been such a bad idea
because they have continued doing it for the subsequent 10 years and now, as if by the use
of a magic wand, the scrap yard has become the biggest asset Gibraltar has. It’s a jolly
good job we ignored their protestations at the time and continued with the project. Such is
politics, I’m afraid.”
xxxxx
TRILATERAL AGREEMENT POSSIBLE BY APRIL – CARUANA
• Diplomats concerned at Odyssey/Junta row developments
A package of measures including the use of the airport, telecommunications, frontier traffic
flow and co-operation generally could be in place before April. This was confirmed
yesterday by Peter Caruana, Chief Minister, just ahead of his private meeting in Malaga
with Jose Pons, the Spanish Foreign Ministry director for Europe.
Sr Pons, who leads the Spanish delegation at the trilateral forum had indicated this time
 67

frame to journalists yesterday and Mr Caruana agrees that this would be desirable.
April would be the point at which the British diplomat Dominick Chilcott moves on to an
ambassadorship.
Mr Caruana made clear that Mr Chilcott’s moving on would not scupper the process but
added that it would be desirable to reach agreements before his departure because of Mr
Chilcott’s close knowledge and grasp of the matter.
An agreement before April is “not an unrealistic timeframe,” said Mr Caruana who pointed
out that it might be that some elements of the package remain to be concluded after that.
No statement is expected from yesterday’s meeting and there are growing indications that
many of the items being discussed are only a few decisions away from conclusion. The
meeting is a prelude to talks in England expected in the coming weeks hosted by Mr
Chilcott.
Despite speculation in the Spanish press the Gibraltar Government has reiterated several
times that there can be no concessions on sovereignty, jurisdiction or control of the airport,
or presence of Spanish officials in Gibraltar.
The Chronicle understands that Schengen membership has been mooted as one option that
would impact on the issue of how the movement of people is controlled.
Pensions remains an issue to be decided essentially by UK because it will pick up the lion’s
share of the bill if there is agreement. The rest would be paid by Spain and most political
observers believe that the aim is for a lump sum, once and for all payment. But there
remains the issue of what department in UK actually provide the money required estimated
at some 40 million euros.
SUSSEX ROW
But whilst the key parties are focused on trying bring positions closer there has been
increasing concern in diplomatic circles that the row over Odyssey, the vessel seeking to
lift treasure from the wreck of what is believed to be HMS Sussex, could sour the
atmosphere. The Junta de Andalucia unsuccessfully tried to take a seat in the talks process
at the early stages although there has been careful deference to its jurisdiction in certain
areas of Campo political life. Now the Junta appears to have found in the Odyssey saga an
opportunity to exert its interests in the area.
In turn the Spanish Foreign Ministry has attempted to placate the Junta making statements
that suspended works but have kept the door open to a resolution with the US backed
exploration company leading the Odyssey project.
The last thing the diplomats want is a fiasco at sea detracting from their efforts. Less still
would they want the row to move towards questions of sovereign waters or litigation over
jurisdiction.
xxxxx
ROSIA TANKS SET FOR DESTRUCTION
• Trafalgar 200 director highlights heritage value
South District Association is today set to take a final decision as to whether or not it will
try to get a court order to block the demolition of Rosia Tanks and the building of flats on
the site.
The collapse of the Heritage Trust case last week meant a legal go ahead for the developer
OEM International to move in with demolition teams although there were several technical
issues that they had to resolve. This includes the need to remove some MoD cables running
through the site.
The demolition could happen any moment although its passage will be eased if the SDA
also back down from legal action.
The Heritage Trust is in disarray as it recognised that it had been tardy in acting on the
issue. It has also emerged that trustees were several times told that they would face
personal liability for costs and damages once the Trusts own resources were depleted in
any legal battle. This argument has been questioned by legal sources involved in the
attempt to stop demolition.
Meanwhile Dr Colin White, Director of the National Maritime Museum, Portsmouth and
Director of Trafalgar 200 was contacted by the Heritage Trust.
Responding to the news he said that the tanks are a key element in the Rosia site.
“Some years ago now, I wrote a report on the interpretation of Gibraltar’s heritage,
following a fact-finding visit that I made as the guest of Major General Simon Pack, who
was then CBF. In it, I highlighted the great historical significance of the Rosia Bay site and
 68

its various buildings and other associated constructions,” he said.

Dr White said he stands by his opinions expressed in that report.
“Indeed, my visit last October, when I took part in the Trafalgar 200 celebrations, has only
served to reinforce my view of the historical importance of the whole Rosia Bay complex.
The excellent Calpe 2005 Conference clearly demonstrated that Gibraltar played an
important role in British naval operations in the Mediterranean in the late 18th and early
19th centuries and the development of the Rosia Bay site was directly linked with this
role.”
On the water tanks he said these represent “a key element in this very important early 19th
naval site and any development which threatens their existence should be avoided if at all
possible”.
“I fully understand that there is very acute pressure on space for housing in Gibraltar and I
appreciate that Government has a very difficult balancing act to perform here between the
urgent need to provide housing and the need to preserve the Rock’s heritage. But, I do hope
that the historical importance of the tanks will be given due weight in any debate.”
Meanwhile it is understood that leading conservationists are hoping that a proper
archaeological survey for the record can be carried out on the site before it is turned to
rubble.
xxxxx
HOLLIDAY AT MICROSOFT GOVERNMENT LEADERS FORUM
Deputy Chief Minister, Joe Holliday, is representing the Gibraltar Government at the
prestigious Microsoft Government Leaders Forum for Europe, currently being held in
Lisbon. The Chief Minister was unable to attend the Forum, as a result of other
engagements.
This is the third year that Microsoft organises a Government Leaders Forum for Europe. It
is regarded as an exceptional opportunity that will bring together European leaders to
exchange experiences and discuss important policy issues at a pan-European level.
The keynote speakers at the Forum will include the President of the European Commission,
José Manuel Barroso; José Socrates, Prime Minister of Portugal; Ms Mary Robinson,
former President of Ireland; Javier Solana, of the Council of the EU; George Reid,
Presiding Officer of the Scottish Parliament; Esko Aho, former Prime Minister of Finland;
Sir Howard Davies, Director of the London School of Economics; and Bill Gates,
Chairman of the Microsoft Corporation.
xxxxx
HATTERSLEY BACKED POLITICAL UNION WITH SPAIN
by Jonathan Jeffries and Chronicle staff
Roy Hattersley, former Labour minister and currently a Guardian columnist, may have
spent the last 30 years as the bête noir of local integrationists – but he is set to be taken
down another peg in local esteem. According to recently opened files at the Public Records
office it was his view that political union with Spain was the only solution to Gibraltar.
According to a 1975 confidential memo by Mr Hattersley, the then Secretary of State for
Foreign affairs, he further complained that the situation between Gibraltar and Britain was
one of an increase in political and social ties. These were connections which he would
rather not have. An example of this was when he praised the work of Jack Scamp, in
mediating over public sector wage dispute. His recommendation being to tie Gibraltarians’
wages to levels in Britain.
Others at the FCO felt that Gibraltarian loyalist sentiments towards Britain were
“embarrassing to Her Majesty’s Government”. That the Gibraltarians’ “Union Jack flag
waving” made it more difficult for moderate political views on the future of Gibraltar be
taken seriously. These were some of the comments which were included in a set of
government files held at the Public Records Office. These British Government files have
now been opened to the public after 30 years.
It was clear from all the documentation that has been opened, that the FCO wanted to end
colonisation as quickly as possible. This was not going to be easy as the FCO had
commitments to the Gibraltarians. During 1975 with the fragile state of Franco and the
political uncertainties this could bring, the FCO had serious concerns about the political
situation in Spain and how this could affect Gibraltar. One political assessment file even
considered the possibility of a “revolution” in Spain. There were concerns that if this
happened there may have been a flow of refugees into Gibraltar
 69

However, it was assessed that a democratic Spain may help reconcile moderate
Gibraltarians to the idea of joining Spain. Quite critical to this was “if Spain were to enjoy
better economic growth than ourselves”. So therefore that Gibraltarians would feel
economically worthwhile to join Spain.
They also speculated that the “militant trade union element” in Gibraltar would welcome a
leftwing government with whom they “would be able to do business with”. However, it
was concluded that the general Gibraltarian views are moderate and would have sympathy
with Social democratic or Christian democratic government in Spain.
It was clear from the files opened that the FCO felt it an urgent matter to build “confidence
of Gibraltarians in Spain”. The approach the FCO took was to set up talks with Spain over
the future of Gibraltar. That by doing this it would “open the eyes of the Gibraltarians to
the realties of their position”. Initially there were informal contacts. Although these were in
private, the FCO’s cover was blown when reports were made in the Chronicle. The tactic
they adopted was what was referred to “classic lines” that these meetings were about
goodwill only.
Even so the FCO was cautious about the Spanish position in that little had changed in
Spain’s attitude and approach. The FCO were also clear that Spain had ruled out an
Andorra-style solution. In trying to set the right framework for the talks the FCO had asked
the Spanish government not to make big noises at the United Nations on Gibraltar in 1975.
At this time there were sensitive negotiations about the de-colonisation of Spanish Sahara.
The FCO had also asked Morocco not to raise any claims on the Spanish enclaves. The
FCO wanted to avoid comparisons between the Spanish enclaves in Morocco and Gibraltar.

‘RESIDUAL’ SOVEREIGNTY
A Spanish foreign official’s own views were that there could be “residual sovereignty”
approach meaning that the land passes over to Spain in a long period of time and that the
Gibraltarians can write their own terms. The FCO did agree with this position but thought it
was unlikely due to issues around sovereignty safeguards. Nonetheless, according to the
files the FCO did go ahead with confidential talks with the Spanish Foreign Ministry. On
the list of concessions it was to recognise the fact that Spanish government did want the
return of Gibraltar.
The FCO wanted the negotiations to lift restrictions on Gibraltar. This then would get the
issue moving on the decolonisation, the FCO suggested to the Spanish government to
concentrate on the human issues rather than the treaty of Utrecht (upon which both
governments would not agree on). If the restrictions remained it would only serve to harden
the views of the Gibraltarians and lessen the process of de-colonisation.
Even when the talks were going ahead there was a sense of stalemate in that it was felt that
the 1969 pre-amble to the constitution committed the British Government not to change the
status of Gibraltar unless agreed with the inhabitants. The FCO negotiators concluded that
had it not been for this constitution the British Government would have given Gibraltar to
Spain much earlier. Their assessment found by giving these rights the British Government
had reacted its own “diplomatic difficulties”.
Finally in another revealing document concluded that neither imperial sentiment nor British
defence interests would impede a settlement with Spain. The reality for the FCO is that
Gibraltar would not hold out to a Spanish military invasion. The Spanish government went
as far to suggest to the FCO negotiators that the British Government could maintain a
military base even after sovereignty is handed over to them.
xxxxx
 70

SIR FRANCIS RICHARDS

Sir Francis, as to be expected, has adopted the lowest of low profiles in respect of his last job. However
Sir Christopher Meyer writes in ‘DC Confidential:
“ September 2001 - Sir John Major and David Manning finally returned to London at the end of the week, thanks
to the British intelligence services. A special aircraft had brought all three intelligence chiefs to Washington – Sir
Richard Dearlove of the Secret Intelligence Service, Eliza Manningham-Buller of M15 and Sir Francis Richards
of the Government Communications Headquarters – for urgent consultations with the Americans. After their
meetings we had a drink together on the terrace late on the Thursday night. The worry was a further strike by Al
Qaeda. There were rumours of trucks carrying ‘dirty’ nuclear devices. Major and Manning hitched a ride with
them back to London”.
xxxxx
JOHN BORDA
John Borda is part of a duo that has been nominated for three awards in the online Local Government
Chronicle awards. They are: Finance – internal invoicing: Human Resources – talent management: Community
Involvement – beating the waste mountain.
xxxxx
HELP PLEASE
Wing Commander J.P. Blackman of Gibraltar House, Gibraltar Square,
Stratton, Cornwall EX23 writes to seek assistance about the first occupant of the house in which he lives. It is
believed locally that it was Ensign Robert Smith of the 12th of Foot.
The front of the house sports two plaques – one RS GIBR 1785; the other 12 Regt Foot.
It is thought that Ensign Smith served with the Suffolk Regiment during the Great Siege and according
to the Army List he was commissioned as Quarter-Master with effect from 23 June 1779 and then promoted to
Ensign on 22 June 1780. He appears to have returned to civilian life in 1784 and by 1785 built this house in
Cornwall.
The Wing Commander seeks information about the Ensign’s time on the Rock.
The Friends of Gibraltar Heritage Society hope to send a member to photograph the house and the
plaques.
xxxxx
FATHER STEPHEN ALKER
Father Stephen Alker has been appointed the Army’s new Principal Catholic Chaplain and Vicar
General. This will take effect in March.
Father Stephen, 52, spent Christmas and the New Year in Iraq with Headquarters Ist Armoured Division.
He said: ‘My duties will include ecclesiastical oversight for 28 Catholic chaplains under the jurisdiction of the
Bishop of the Forces. I will also have operational and deployment responsibilities for about 120 chaplains of all
denominations under the direction of the Chaplain General to Land Forces.
My recent time in Iraq gave me a chance to meet many of the padres serving there and gain valuable
insight into their work. This will be particularly useful in the land Command appointment as I will be the one
selecting and sending padres on deployments. I feel honoured to be asked to do this job. It will be a challenging
task and I look forward to working closely with both my Catholic and ecumenical friends to build up the
Kingdom of God within the Army community’.
There are two Gibraltarian Catholic chaplains – Father Michael Fava and Father Danny Hernandez.
xxxxx
HELP PLEASE
Edna Marlow seeks information about the parents of Thomas Worth (1786-1810) and John Buckland (died 1810).
The two sailors died at the Battle of Cadiz.
She would also like to know the location of a monument on the Rock to those who lost their lives at this battle.
Her electronic address [email protected]
xxxxx
ADELA GOOCH
Adela Gooch is no longer a journalist as she left her position as Iberian peninsula correspondent of the
Guardian and the Economist. She is now the deputy director of the Wilton Park complex which falls within the
remit of the Foreign Office.
Consequently she has a close working relationship with Sir Jeremy Greenstock the director of the
Ditchley complex, another Foreign Office establishment. Before Sir Jeremy went on to be appointed the United
Kingdom ambassador to the United Nations and then the Prime Minister’s representative in Iraq he was
responsible for Gibraltar when he was ran the Southern European department. The British Government is
forbidding publication of his memoir of his time in New York which deals with the plethora of diplomatic activity
at the time of the decision to invade Iraq.

xxxxx
MARY MUIR
The Daily Mail reports that Mary Muir, 41, the niece of the Duke of Marlborough, is the wife of
 71

xxxxx
RESIDENTS DROP LEGAL ACTION, BUT VOW TO FIGHT ON
Heavy machinery was moved into Rosia Tanks yesterday, just hours after the South
District Association confirmed it would not seek a court order to stop demolition of the
site.
A contractor working on behalf of developer OEM International will carry out groundwork
in the coming days ahead of major work, which is expected to start within the week, an
OEM spokesman said.
But despite the sight of cranes and diggers, campaigners remained adamant that they would
oppose the demolition to the end.
“Following the withdrawal of the Gibraltar Heritage Trust, the SDA has decided not to
proceed with its legal action because of the personal exposure of its committee members to
potentially exorbitant costs and damages,” the association said in a statement.
“However the SDA is continuing to oppose the construction of Nelson’s View and will
continue to fight to ‘Save the Rosia Tanks’ until the last brick has been removed from the
site.”
Rosia Tanks has been at the centre of a heated row since government-backed plans to build
houses on the site were unveiled late last year.
Objections ranged from concerns about the loss of what many regard as a valuable heritage
site, to fears about the impact on the urban and social fabric of the area.
But the government and OEM have argued that the project will be socially advantageous to
Gibraltar and will help meet the demand for affordable housing.
Yesterday, the SDA appealed to the government to build the houses on another site.
“The SDA…continues to support the construction of ‘affordable’ homes, but not at the
expense of Gibraltar’s heritage,” it said.
“This site represents an important part of Gibraltar’s history and of its links to the United
Kingdom.”
The SDA drew attention to an article that appeared in yesterday’s edition of The Times, in
which the British newspaper’s architecture correspondent reported on the Rosia Tanks
controversy under the headline “Nelson caves to be turned into car park”.
The SDA is setting up a website and has launched a financial appeal to raise funds in
support of its campaign.
It has also called on the Heritage Trust to publicly back its efforts.
Even at this late stage, there are still some final technical issues to be resolved before the
demolition of the tanks can proceed.
A spokesman for the Ministry of Defence said yesterday that there are number of MoD
utilities running through the site, including water pipes, electric cabling and
communications cabling.
The utilities will have to be protected or re-routed before the demolition starts, he said.
The Gibraltar Electricity Authority has already carried out work to re-route an electricity
cable that ran through the site.
An OEM spokesman said last night that most of the site will be demolished once work
finally gets under way.
xxxxx
FEBRUARY
FOE AND ROSIA TANKS
Friends of the Earth, Gibraltar yesterday reiterated their opposition to the Rosia Tanks
demolition and development.
“Since last year we have made clear our views. We believed then and still believe now that
the project is wrong on environmental and ecological grounds, especially regarding
questions of population density, traffic congestion, and the overloading of public services.
As an organisation we are less concerned with issues of historical heritage though many of
our members, as individuals, do of course feel strongly about these.”
“Within the bounds of our environmentalism, Friends of the Earth, Gibraltar continues to
offer support to the South District Association and indeed all concerned citizens in this
matter”.
xxxxx
 72

‘HERITAGE TRUST MUST BE PROPERLY RESOURCED’

Joe Ballantine, who resigned this week as chairman of the Gibraltar Heritage Trust, said
yesterday that the Trust urgently needed additional resources in order to properly do its job.
Mr Ballantine admitted that the Trust had been caught unawares by the proposal to build
houses on Rosia Tanks, a site which had been in the hands of the MoD since it was built
and about which the Trust initially had very little information.
But he said that part of the reason was because the Trust, which only has one permanent
member of staff, was desperately under-resourced.
Mr Ballantine rejected arguments that there had been ample time to voice objections to this
project.
While he accepted that the government had flagged up Rosia Tanks as a development site
as early as October 2004, he said officials had not informed or consulted the Trust directly.
“To claim that we failed to see the dangers is, I think, a little simplistic,” he told the
Chronicle.
It was only once the government-backed Nelson‘s View development began to make its
way through the planning process that the heritage implications became apparent.
Members of the Trust – he highlights Denis King, who also resigned this week – started to
delve into available research on the Rosia Tanks.
They quickly came to the conclusion they were dealing with a rare site of great value.
“Then you suddenly say ‘hey, this is a different picture’,” Mr Ballantine said. “This is
important.”
The campaign soon took on a legal dimension and by early January, the Trust’s lawyers
had obtained a court order freezing work on the site pending a judicial review of the initial
decision to approve the housing project.
But it rapidly became evident that the Trust could be left facing a huge bill for costs and
damages should the action fail.
At that point, the board broke ranks. While everyone was still opposed to the demolition of
the tanks, there was disagreement as to the level of risk they were willing to accept.
On January 20th, a majority of the board’s members took the decision to drop the court
action. It was a close vote, one that Mr Ballantine did not support.
“We still had time to go to the wire on the injunction,” he said. “But the arguments (for and
against the project) were not tested in court.”
He said he understood and shared the board’s concerns, but believed the Trust would have
prevailed in court had it pushed ahead.
“We’re a charity, we’re small people,” Mr Ballantine said.
“Is there no way in which small people can challenge big people, (simply) because they
haven’t got the money?”
“There were principles of justice involved.”
Mr Ballantine believes the law should be tougher and weighted in favour of protecting
Gibraltar’s heritage.
He called on the government to move ahead with the new Heritage Ordinance as a matter
of urgency. There are at least four drafts of this legislation, which has been under
discussion for years.
Mr Ballantine said it was vital that the Trust be directly consulted at an early stage on
major development projects, and that sensitive buildings be listed and thus protected by
law.
“Heritage is not the pastime of people who don’t have anything else to do,” he said.
“Heritage should be fundamental.”
“Heritage should be respected by people, both young and old.”
Educating people about the value of heritage, he added, should be one of the Trust’s main
aims.
“But they need the staff, they need the people.”
xxxxx
HERITAGE CHAIRMAN RESIGNS OVER ROSIA TANKS ROW
Joe Ballantine resigned his post as chairman of the Gibraltar Heritage Trust yesterday,
citing mounting frustration at events surrounding the Rosia Tanks controversy. In a frank
statement to the press, he said he believed the Trust should have pursued its legal bid to
halt the demolition of the tanks.
The Trust’s board took a majority vote to drop its court case amid fears of exposure to
 73

potentially massive costs and damages.

“I believe that decision was premature,” Mr Ballantine said.
“I believe that the Trust…should have concluded the hearing in progress to see if our case
would be substantiated in law, the chances of which we were informed were good.”
In a letter to Heritage Minister Fabian Vinet, he said his conscience would not allow him to
remain at the head of the Trust.
Mr Ballantine said he could no longer bear the stress and frustration at having failed to
convince anyone in the administration to relent in its drive to continue with the Rosia
Tanks project.
Denis King, a fellow member of the Trust’s board of trustees, has also resigned his
position.
Mr King had been heavily involved in promoting Gibraltar’s historical sites – including
Rosia bay - to Trafalgar enthusiasts during events last year to mark the bicentenary of that
famous battle.
“He now feels that, once the tanks are demolished, he stands to lose credibility with these
many people and that he is no longer able to carry out his duty properly as a custodian of
Gibraltar’s heritage without losing face,” the Trust said in a statement yesterday.
The board of trustees is due to hold an emergency meeting this evening to assess the impact
of the resignations and plot a course for its future.
The board’s vice-chairman, David Eveson, has stepped into the top post on a temporary
basis.
Both Mr Ballantine and Mr King had been among six government-appointed trustees, with
the remaining six elected by the members of the Trust.
Yesterday, Mr Ballantine said his unease with the way heritage issues are handled in
Gibraltar went broader than the row over Rosia Tanks.
“The question of the lack of proper consultations with the Trust also bothers me as does the
progress in the listing of heritage buildings, which has seen no movement in the past five
years or so,” he said.
“I am hoping that my resignation will bring this to the fore and that the protection and
preservation of Gibraltar’s heritage will experience a resurgence that will prevent the
tragedy of the fate of the Rosia Tanks from happening again.”
Mr Vinet was unavailable for comment on the resignations yesterday.
xxxxx
GIBEX, GIBRALTAR’S STOCK EXCHANGE PROJECT
The high powered breakfast meeting with Peter Montegriffo of Hassans, Jimmy Tipping
Finance Centre director, James Levy QC of Hassans, the Chief Minister Peter Caruana,
Sinja Kohn Bank Medici chairman and Marcus Killick the Financial Services
Commissioner.
The presentation at the Eliott Hotel yesterday led by the Bank Medici and Hassans
highlighted the commitment to this project that also has Gibraltar Government support.
The ‘baby’ of Sonja Kohn and James Levy it is considered to be an opportunity for
Gibraltar to bridge offshore and EU onshore markets. Speakers were Mr Caruana, Mrs
Kohn, Mr Montegriffo and Dr Alexander Ganez , former Austrian Stock Exchange
Commissioner. Mrs Kohn said Gibraltar is a ‘sleeping beauty’ with “a lot of potential. A lot
has been done and a lot will be done.”
xxxxx
GIBEX, GIBRALTAR’S STOCK EXCHANGE PROJECT
The high powered breakfast meeting with Peter Montegriffo of Hassans, Jimmy Tipping
Finance Centre director, James Levy QC of Hassans, the Chief Minister Peter Caruana,
Sinja Kohn Bank Medici chairman and Marcus Killick the Financial Services
Commissioner.
The presentation at the Eliott Hotel yesterday led by the Bank Medici and Hassans
highlighted the commitment to this project that also has Gibraltar Government support.
The ‘baby’ of Sonja Kohn and James Levy it is considered to be an opportunity for
Gibraltar to bridge offshore and EU onshore markets. Speakers were Mr Caruana, Mrs
Kohn, Mr Montegriffo and Dr Alexander Ganez , former Austrian Stock Exchange
Commissioner. Mrs Kohn said Gibraltar is a ‘sleeping beauty’ with “a lot of potential. A lot
has been done and a lot will be done.”
xxxxx
 74

CONVENT ASSERTS BRITISH RIGHTS OVER HMS SUSSEX

The Convent said yesterday that only Britain can decide the fate of HMS Sussex, the
English galleon that sank off Gibraltar in 1694 carrying a valuable cargo of gold. In its first
official statement since the row over the Sussex first flared up over a fortnight ago, the
Office of the Governor said Spain cannot claim sovereignty over the waters in which the
wreck lies.
“As the Sussex is a British military wreck it is entitled to sovereign immunity,” the
statement said.
“As it is resting in international waters it is for the UK alone, as the Flag State of the vessel,
to decide what happens to it.”
The dispute over who controls the waters around Gibraltar is an old one and hinges on an
arcane international agreement known as the United Nations Convention on the Law of the
Sea (UNCLOS).
Coastal states customarily claimed three nautical miles as their territorial sea but, in 1982,
UNCLOS gave states the option of extending that to 12 miles.
The convention adds that “where the coasts of two States are opposite or adjacent to each
other, neither of the two States is entitled, failing agreement between them to the contrary,
to extend its territorial sea beyond the median line every point of which is equidistant from
the nearest points on the baseline from which the breadth of the territorial seas of each of
the two States is measured.”
The UK claims a territorial sea of three nautical miles for Gibraltar in accordance with
UNCLOS, but has not claimed the full 12 miles.
This leaves a “funnel” of international waters on the Gibraltar side of the median beyond
the three nautical miles up to the 12 mile limit.
It is these waters that are disputed in the Sussex controversy.
“The UK has not agreed that Spain may extend its territorial sea into this “funnel” and
therefore the Spanish cannot claim sovereignty over this area which is where the Sussex
lies,” the Convent’s statement said.
Disputes over interpretation of the convention are resolved in a special court in Hamburg
known as the International Tribunal for the Law of the Sea.
But all parties in the dispute must first agree to bring the case to court before it can
proceed.
Although the UK has in the past considered using the legal route to clear up the dispute, the
case has never made it before a judge.
xxxxx
February 20/21 meeting of the trilateral forum
CARUANA UPBEAT FOR IMMINENT AGREEMENT
by Dominique Searle
Chief Minister, Peter Caruana, yesterday warmed the cockles of the finance centre’s heart
as he predicted benefits and opportunity for Gibraltar and the finance centre if agreement
on a package of measures is agreed with Spain in the coming weeks. His remarks came as
Britain announced that it will be hosting the next session of the trilateral forum – Caruana,
Pons and Chilcott - on February 20 and 21.
And the Chief Minister followed his up-tempo analysis of the recent development of the
finance centre and the course it had taken under his government since 1996, with a similar
optimism for Gibraltar’s international position.
Mr Caruana said he was looking forward to a reply from Britain on the constitutional
negotiations in the next few months “sooner rather than later.”
The address, to over 100 leading businessmen and finance centre operators, came with the
presentation by the Medici Bank and Hassans of a commitment to establish a stock
exchange in Gibraltar, bolstering a sense of dynamics already being experienced in that
sector.
Mr Caruana’s reference to the trilateral talks follows an extended private meeting with José
María Pons, Director General for Europe and North America at the Ministry of Foreign
Affairs and Cooperation, in Malaga last Friday.
He recalled how in 1996 he and Peter Montegriffo, another of the speakers yesterday, had
plotted a course for both the finance centre and on relations with Spain. But just a couple of
years ago no one could have predicted the current scenario.
The Chief Minister told the breakfast session audience at the Eliott Hotel that, if an
 75

agreement can be concluded, it would be the success of this longstanding policy on

relations with neighbouring Spain that could now lead to significant agreements, beneficial
for the finance centre, including on telephones, pensions and the airport. On the latter he
made clear that this would be in a manner that had no implications for sovereignty
(including the land on which the airport is built), with full EU flight rights and “under our
control”.
The announcement that the next meeting of the Trilateral Forum of Dialogue on Gibraltar
will take place at Chevening House in Kent on 20 and 21 February was made by the British
Government. A footnote to the statement making clear that there will be no press facility –
something that would have been agreed by the three sides - can be read as an indicator that
this is expected to be a meeting that would finalise the technical issues and, if successful,
would prelude a full ministerial meeting. That next stage would mean Mr Caruana meeting
in an unprecedented trilateral with Miguel Angel Moratinos, Spanish Foreign Minister and
his UK counterpart Jack Straw.
The Chronicle understands that as optimism for an airport agreement grows local and
Campo business leaders are negotiating on the opportunities both in any extended terminal
and as a consequence of the impact on business generally.
The statement issued by the Convent yesterday said: “The establishment of the Trilateral
Forum of Dialogue on Gibraltar was announced on 16 December 2004 by the Governments
of Spain, Gibraltar and the UK with the aim of dealing with a range of issues which affect
all three parties.”
The February 20/21 session will be with Dominick Chilcott (FCO Director Europe) on
behalf of the UK; José María Pons (Director General for Europe and North America,
Ministry of Foreign Affairs and Cooperation) will attend for Spain and Chief Minister Peter
Caruana will attend the talks on behalf of Gibraltar.
Although the talks may need to be extended there is a hope on all sides that the main
agreements will be finalised before Mr Chilcott moves on to a promotion in April.
xxxxx
SENIOR GENERAL’S VISIT ‘HIGHLIGHTS GIB MILITARY IMPORTANCE’
Chief of the General Staff, General Sir Michael Jackson will be visiting British Forces
Gibraltar as part of his farewell tour before handing his post over later this year.
General Jackson will be accompanied on his trip by Lady Jackson. Their programme will
include a demonstration on Tunnel Warfare by the Royal Gibraltar Regiment and a visit to
Gibraltar Squadron. General Jackson will also attend a number of social functions.
The Commander British Forces Gibraltar, Commodore Allan Adair said, “In the last five
months we have had the pleasure of hosting the First Sea Lord and the Vice-Chief of the
Defence Staff. General Jackson’s visit on the back of our other guests, highlights the
importance that Gibraltar maintains as an operational base in the contribution to the UK’s
defence aims and the aspiration to maintain this connection well into the future”.
xxxxx
Rosia Tanks
HERITAGE TRUST BACKS SDA PROTEST CALL
- It’s Government’s decision, developer tells - Irish Independent
Robert Noonan the developer behind the Rosia Tanks project has reportedly distanced
himself from the decision to use the Rosia Tanks as a building site. He was quoted by the
Irish Independent: yesterday as saying: “It (the decision to develop the site) has nothing to
do with us. It is between the present government and the heritage commission.”
The remarks come as preparation for demolition continues and the South District
Association (SDA) announces plans for a public protest next Tuesday lunchtime from
Convent Place.
Their ‘Save the Rosia Tanks’ campaign is being flagged in advertisements and on a website
and is being backed by the Gibraltar Heritage Trust. The Trust issued a statement yesterday
wishing the SDA well in their continued fight to save the Rosia Tanks and said that they
will be pleased to advise them on the heritage dimension should they so require.
“We understand that the SDA have called for a demonstration and would urge all members
of the Gibraltar Heritage Trust and all those who share our concern for Gibraltar’s heritage
to support this action,” said the Trust.
Meanwhile the newly appointed temporary chairman David Eveson has confirmed that
 76

when the Government had first announced that Rosia Tanks were earmarked for
development they had assumed that this was in the context of a touristic development as
had been set out by the then Heritage Minister Keith Azopardi.
This is a reference to a tender issue put out by Government in 2001 which envisaged
“sensitive” development of the area. At the time the tanks were still in use by MOD and the
Government hired an architect to put their ideas to developers. These envisaged the use of
the flat rooftop of the tanks for surface parking but not demolition. The Trust failed to pick
up where the project was now going.
Mr Noonan was quoted in the Independent as saying that the Rosia Water Tanks site was in
two parts, the smaller of which would be destroyed by the development of £100m (147m
euros) worth of affordable housing apartments and an underground car park.
“The major ones, the ones in good condition, are available to the public in the complex
next store,” Mr Noonan is quoted as saying.
The newspaper said that the Kerryman, whose next door neighbour in Gibraltar is financier
Dermot Desmond, said OEM’s overall master plan with the Gibraltar government
envisaged a £400m (588m euros) development. “Besides affordable housing, the plan
envisaged a £250m (368m euros) private development, including an upmarket new
marina.”
He is also quoted as saying that plans to upgrade Gibraltar airport to an international airport
would give the project of some 1,000 units a major boost.
Mr Noonan is chairman and acting chief executive of OEM plc in the UK, but the Gibraltar
development is being undertaken by OEM International, a separate company controlled by
a Noonan family trust.
Meanwhile, Mr Eveson told the Chronicle that to save the Rosia Tanks would require a
change of heart from the Government. This might still be achieved if public pressure is
maintained, he said.
At the present time he says that the main objectives of the Trust are:
•To remain resolved to continue its defence of Gibraltar’s heritage.
This includes its objections to the demolition of the Rosia Tanks
•To pursue the incorporation of all heritage buildings, sites and fortifications into the
Schedule of Listed Buildings within the revised Heritage Trust Ordinance
•To establish a ‘Heritage Charter’ describing the Trust’s role and its position as a Charity
made up of volunteers
•To continue to foster the knowledge and appreciation of our heritage by people of all ages
In a statement the SDA called “on all those people who oppose the way that the
Government has handled the ‘Rosia Tanks Affair’ “ to come out and protest on Tuesday
7th February 2006 between 1.15 pm and 1.45 pm at Convent Place.
As part of the Protest, ‘Lord Nelson’ will present the Chief Minister with a book of
evidence containing all the witness statements that the SDA says it was “prevented” from
producing in Court, another copy of the 3000 strong petition, letters supporting the
preservation of this historic site and other documentation.
“Although the main focus of the campaign continues to be to ‘Save the Rosia Tanks’ from
imminent destruction the manner in which the Government continues to treat those who
have raised concerns about the construction of Nelson’s View leaves a lot to be desired, it
said. It calls on the Government to set up an independent public inquiry to examine and
report on the process by which this decision was reached, and, if necessary, implement its
findings.
“The speed at which the Government seems to have rushed to give the necessary
permissions to demolish the tanks is unprecedented in Gibraltar and points to an intent to
push through decisions without giving those raising concerns a forum in which to voice
these,” said the SDA.
The SDA calls for recognition and adds that even at this late stage, the Government and the
other interested parties can meet with representatives of the SDA to hear their case that to
save the Water Tanks is a wise decision and that it makes sense to build ‘affordable’ homes
on another site. It wants the Tanks and the Victualling Yard immediately listed.
xxxxx
WORKS START FOR NEW MILITARY HOSPITAL
For over two centuries, English servicemen in Gibraltar have received medical care in
dedicated military facilities in the South District.
 77

The Royal Naval Hospital [RNH] and its precursors were close to the docks and,
historically at least, the climate at the southern end of the Rock was considered cleaner and
more conducive to a speedy recovery.
But in a break from that tradition, work started yesterday on construction of a new military
hospital in Devil’s Tower Camp, next to the airfield and in the shadow of the North Face.
By the time it is operational early in 2008, the new hospital, known formally as an
Integrated Healthcare Facility, will accommodate all the services currently on offer at the
Royal Naval Hospital and the Joint Medical & Dental Unit on Queensway.
Once the transfer is complete, the Royal Naval Hospital and the Queensway site will be
handed over to the Government of Gibraltar as part of the Ministry of Defence lands deal.
Despite cost-cutting across the entire MoD, some £8.6m is being channelled into the new
hospital.
“It’s a very exciting project and it shows great commitment to Gibraltar,” said Commodore
Allan Adair, Commander British Forces in Gibraltar.
“We’ve been here for over 300 years and we intend to stay, otherwise we wouldn’t be
spending nearly £9m on it.”
There are several reasons why the MoD needs its own dedicated medical facilities on the
Rock.
MoD obligations are to provide standards of care locally that are in line with comparable
services and facilities in the UK.
Additionally, military personnel sometimes require specialist treatment that is unavailable
in a civilian hospital.
Although local demand for MoD medical services is relatively low, Commodore Adair
points out that he is responsible for nearly 3000 servicemen and their families, including
members of the Royal Gibraltar Regiment.
“I think that could swamp St Bernard’s and that’s the reason why we have a separate
facility,” he said.
“In the planning stages several years ago we looked at the possibility of perhaps having a
ward in St Bernard’s, but that was not selected as an option.”
Medical services on offer in the new two-storey hospital will range from day-to-day GP
care to maternity and intensive care units.
Once the building is complete, all the equipment from the existing facilities will be ferried
across.
Options are currently being assessed to provide interim care, including setting up a field
hospital or bringing in RFA Argus, a Royal Navy ship that has a hospital complex on
board.
xxxxx
HMS Sussex
UK-SPAIN ROW ERUPTS OVER SOVEREIGNTY OF THE SEA
•Claim ‘full’ territorial waters, Opposition demands
As the GSLP/Liberal Opposition yesterday waded into the growing row over the HMS
Sussex gold recovery expedition, the statement from the Convent this week on British
territorial waters around the Rock prompted a formal protest from Spain. The Opposition
has declared that the United Kingdom Government should now extend the territorial waters
of Gibraltar from three miles to twelve.
The British Embassy in Madrid last night confirmed that the Spanish Foreign Ministry had
delivered a verbal note, but it declined to comment further. However the note reportedly
declared that the waters around Gibraltar, including those where Sussex may lie, are
Spanish, said Madrid wire services.
The note also repeats the traditional line that Spain only recognises the British possession
as set out in the Treaty of Utrecht 1713. This remains the valid legal position; Spanish
diplomatic sources were quoted as saying last night.
The Spanish Government has expressed surprise at the Convent statement and has also
reiterated that this has no effect on their claim over the waters.
They also said that they only accept the British sovereignty within the Gibraltar port area.
However there was also a line emerging from Madrid that this matter should not
contaminate the current trilateral forum, due to meet in just over a fortnight.
The exchange follows a statement from The Convent setting out the UK official position on
waters around the Rock and the ‘Odyssey’ expedition.
 78

The Opposition read the Convent statement as “confirmation” that there is a dispute
between the United Kingdom and Spain over the status of the waters.
On the question of extending the demarcation of waters the Opposition said:
“This is something than can be done unilaterally and which does not require Spanish
consent under the terms of the Convention. Quite apart from the immediate issue relating to
HMS Sussex, there may well be many things that Gibraltar may want to do within twelve
nautical miles in the future.”
The Opposition said it was apparent to them that there may have been a potential problem
to do with the status of the waters given the statements issued by the Spanish Foreign
Ministry, the Junta de Andalucia and the American company Odyssey Marine Exploration
Inc.
“The Convent has also confirmed that Gibraltar’s territorial waters on the eastern side are
at present three miles, but that we have the right to claim twelve miles under the UN
Convention on the Law of the Sea.
The Convention says that Gibraltar is entitled to twelve nautical miles on the east side, or
out to median lines where the coastline of other states are under 24 nautical miles distance
from Gibraltar,” said the GSLP/Liberals.
They argue that the Spanish Government has already claimed the full twelve nautical miles
for itself and that it also entered into a reservation, at the time of ratification of the
Convention, that such ratification “cannot be construed as recognition of any rights or
status regarding the maritime space of Gibraltar that are not included in Article X of the
Treaty of Utrecht of 13 July 1713.”
Madrid further added that it considered that aspects of the Convention were not applicable
to Gibraltar because it was a colony subject to a process of decolonisation in which only
the relevant resolutions adopted by the General Assembly are applicable, said the
Opposition..
They add that the reservation made by Spain, which is still in place, is not binding and does
not have any legal effect.
“Moreover, the United Kingdom responded at the time by declaring that it had no doubt as
to its sovereignty over Gibraltar, including its territorial waters. London added that as the
administering power, she had extended the Convention and ratification to Gibraltar.”
“It is clear to the Opposition that there are serious issues of sovereignty at stake in the
dispute over the wreck of HMS Sussex. Spain has no right to interfere in the Sussex
exploration in the same way as she would also have no right to interfere with the Sovereign
Bay project on the east side. These are not Spanish waters and what happens there has got
nothing to do with Spain.”
xxxxx
SDA PRESS FOR HALT TO ROSIA TANKS DESTRUCTION
The South District Association (SDA) yesterday continued to appeal to the Chief Minister
to relent and reverse the decision to destroy the Rosia Water Tanks. The call follows
comments made by Robert Noonan, the owner of OEM International, who was quoted in
the Irish Independent as saying: “It (the decision to develop the site) has nothing to do with
us. It is between the present government and the heritage commission.”
The SDA say this statement “goes to the heart of the matter and clearly underscores that the
Government can make the decision to suspend the demolition of the tanks even at this late
stage.”
The Association urged support for the Protest Gathering at Convent Place on Tuesday
between 1.15 pm and 1.45 pm.
Meanwhile the UK based Society for Nautical Research, of which Prince Philip is patron,
has written to the Chief Minister and tourism chiefs calling for a rethink.
The society says that in the early 19th century the main victualling dockyards at Britain
were not just storage and issuing facilities.
“They were also major manufacturers producing most of the bread, salt provisions and beer
needed by the fleet. Overseas a chain of local dockyards was progressively established. Of
these smaller yards Gibraltar was possibly the most important. Most of Gibraltar’s stores
were supplied from the home establishments. But one of the most important resources
needed by any fleet or garrison was and is drinking water. Gibraltar’s needs were met from
a series of
cleverly constructed vaulted underground storage tanks.”
 79

“It is thus very disappointing to learn that the Gibraltar Authorities appear to be about to
decide that both the built environment of the Rosia Bay Victualling Yard and the water
cisterns underneath the site should be sacrificed for a block of flats and their associated car
parking. It is the more disappointing because there is nothing similar to this local
victualling yard complex left anywhere else,” says the society in its letter..
“It is a Georgian gem. We feel even at this late stage that every effort should be made to
list and preserve the buildings and maintain the architectural integrity of the site.
Sympathetic conservation and use of the buildings would bring valuable revenue into
Gibraltar for it is the historic naval and military buildings and engineering works together
with the fortifications that give Gibraltar its historic interest. “
xxxxx
GOVT WILL NOT HALT ROSIA TANKS DESTRUCTION - OFFICIAL
Gibraltar Government has given the green light for demolition of Rosia Tanks. In a mega-statement that
breaks its silence, No6 has declared that it does not intend to intervene to prevent this development and
stands by its decision that the heritage value of the tanks and their condition and other characteristics does
not compel their preservation.
Noting that a variety of allegations and arguments have been used by those opposed to the Development
the Government claim that while some have been genuinely motivated by heritage concerns, “others have
been motivated by other factors, including self-interest and political opportunism.”
Government said that now that the court case is over it considers that it is appropriate and necessary to
respond to these arguments and allegations, “so that people can form a view of the reasonableness of the
Government’s decision in the context of accurate information, knowledge of the Government’s position
and of the conduct of others in this matter.”
No 6 says that a huge range of arguments have been deployed, including heritage, the fairness and integrity
of the planning process, integrity of the Government’s decision - making process, lack of tender for the site
allocation, alleged bullying by Government of the Heritage Trust, traffic congestion, loss of views,
overcrowding, shortage of schooling, whether the housing will be affordable, lack of sewage and
infrastructure, that the buildings were too big, etc, etc.
THE DPC
No 6 says it is completely satisfied that the Development and Planning Commission took properly into
account all lawful and relevant planning factors in coming to its decision, including the issues raised by
those who submitted objections to the Development and Planning Commission as part of the planning
process. “The Government has already announced plans for improved traffic access, parking facilities and
green areas in the South District. There will be no shortage of schooling. All other infrastructure is
sufficient. All relevant factors have been taken into account”.
On the South District Committee Government says it has no doubt that many residents of the area
surrounding the Rosia Tanks have a proper regard and concern for heritage generally, including this site
but it says that it believes that the persons who established the South District Committee and who direct it,
are not primarily motivated by Heritage considerations.
BAND WAGON
“Heritage featured very lowly in their original arguments, and when it did first arise, the argument related
not to the heritage value of the tanks but to the proximity of the new building to the Victualling Yard and
the Parson’s Lodge. Furthermore, the public petition raised by the South District Committee did not even
mention heritage and said only that the signatories were ‘against the proposed Rosia Tanks development as
it is too large and unsuitable for the local area’. The Government, accordingly, believes that the South
District Committee rather belatedly ‘jumped onto the bandwagon’ of heritage as a prop to the principal
reasons for their objection. Now, their case is exclusively based on heritage to the extent that their
campaign is called ‘save the Rosia Tanks’”, SAYS No6.
HERITAGE TRUST
No6 says it fully supports the work and “proper role” of the Heritage Trust, and regrets the decision of Joe
Ballantine to resign as Chairman. Suggestions made by persons who are not Trustees, that the Trust may
have been subject to pressure or bullying by the Government to discontinue their action, are outrageous and
wholly untrue, says the Government statement.
However, its says that given recent statements by some persons closely connected with the Heritage Trust,
“it is appropriate to say that in the Government’s view the Trust’s decision to commence legal action was
not consistent or compatible with its behaviour in relation to Rosia Tanks prior to commencing that legal
action. Nor did that behaviour indicate to the Government any sense that the Trust attached sufficient
heritage importance to the Tanks themselves as to require the Government not to allow their destruction. “
The Chronological facts, against which the reasonableness of the Government’s behaviour needs to be
 80

measured, are stated by Government to be :-

1. In April 2004 the Government prominently published the fact that the Rosia Tanks site was available for
development, including for affordable housing. The Trust did not react adversely.
2. On 12 October 2005 the Government and the Developer announced the Nelson’s View Development on
the site of the Rosia Tanks. The Trust did not react until 4 weeks later, and then it was not to argue the
heritage value of the Tanks or the need to prevent the demolition of the Tanks, but to lament the damage
that the new building would (through proximity) cause to the heritage value of surrounding sites
(Victualling Yard, Parsons Lodge etc).
3. On 24 November 2005 the Chairman of the Heritage Trust wrote to the Chairman of the Development
and Planning Commission reiterating “the concerns of the Trust as regards the deleterious effects that this
project will have on the heritage sites and buildings in the proximity of the proposed building, the
protection of which is a prime duty of the Trust.” Again, no mention of the Tanks themselves or any
concern about their heritage value.
4. Upon submission of the application for the planning permission, and as part of the statutory 21 day
public consultation process under the Town Planning Ordinance, introduced by this Government, public
notice was given of the application for outline planning permission. Nearly 500 citizens exercised their
statutory right to submit objections to the Development and Planning Commission. The Heritage Trust did
not do so, and filed no objection.
5. The Chairman of the Heritage Trust is a member of the Development and Planning Commission and was
present at the three meetings at which this project was discussed and approved, including on 7 December
2005, when the Development and Planning Commission gave final approval and granted outline planning
permission. That outline planning permission fully envisaged and indeed referred to the demolition of the
Tanks. There were no votes against the decision by any member of the DPC.
The Government also says that it notes the call by the new Chairman of the Heritage Trust for all heritage
sites to be listed urgently.
“The Government is happy to consult with the Heritage Trust about what further sites are sufficiently
important and valuable to be listed by the Government for protection under the Heritage Trust Ordinance.
However, the Government has never received a request for the Rosia Tanks to be listed. This did not
require a new Ordinance.”
The Government also says it is committed to the preservation of important and valuable heritage in
Gibraltar and to rescue it from decades of dilapidation and abandonment, e.g. Casemates, the King’s
Bastion and the Victualling Yard itself. “While everything that is old is heritage, not everything that is
heritage is important and valuable enough to require preservation. The Government formed the balanced
view that the heritage value of these underground tanks were outweighed by the social value of affordable
housing on this attractive site. The Government must make a judgement and, in the case of Rosia Tanks has
done so. Many people will disagree with that judgement, but that does not make the Government arrogant
or indifferent to heritage or to other people’s views.”
Turning to the GSLP/Liberal Opposition the Government makes the following statements:
1. During November and December, the GSLP/Liberals broadcast seven party political broadcasts, all of
which were also issued as written statements. In not one of them did they express opposition to the
demolition of the Rosia Tanks;
2. During December, the GSLP/Liberals asked 7 questions in the House of Assembly about or relating to
the Rosia Tanks development. At no time during the lengthy exchanges in the House did they express
concern about or opposition to the demolition of the Tanks or indeed the construction of Nelson’s View on
the site of the Rosia Tanks.
3. Indeed, at no time since the original announcement on 12th October 2005 has the GSLP/Liberal
Opposition voiced any opposition to the Nelsons View development or any heritage concern about the
Rosia Tanks demolition. In late December (a full 8 weeks after the original announcements), following
submission to him of the South District Committee’s petition, Mr Bossano wrote to the Committee and to
the Developer expressing, for the first time, that the Opposition were opposed to the Nelson’s View
development. But that opposition was not expressed in terms of heritage concerns for the Tanks themselves
or any other heritage concern.
TENDER PROCESS
No6 notes that both the Opposition and the South District Committee have raised the fact that this site did
not form part of the original tender won by this Developer, and that the site was allocated directly to this
Developer without tender.
“That is correct. But the Government does not understand what is the objection to that. Unlike the previous
Government’s policy which was that all development sites were allocated without tender, this
Government’s policy is that all Government sites, assets and contracts are awarded by tender unless there
are exceptional circumstances, such as particular and exceptional social or economic benefit to the
 81

community. This exception to the tender policy has been set out publicly many times before. In addition,
the Government’s 2003 Election Manifesto made it clear that sites would be made available to developers
provided they build affordable housing for residents at prices agreed with the Government. That is
precisely what has happened at the Rosia Tanks site and at the two sites in Cumberland Road. Furthermore,
with the particular construction method being used in these projects, the more volume built by one
developer, the cheaper all the houses can be sold for”.
The Government says it therefore totally rejects the insinuations of impropriety attaching to the
“accusation” of direct allocation of these sites without tender.
Last Minute, Unplanned
“It has also been said that the allocation of this site for housing development was adhoc, unplanned and not
thought out. This is disproved simply by pointing out that it has been publicly identified by Government for
possible development as affordable housing since April 2004! “ said No6.
xxxxx
SDA REPONSE TO GOVT
The following is the South District Association’s response to the Government’s statements
publicised in the press yesterday. They reiterate that their campaign to Save the Rosia Tanks will
continue ‘until the last brick has been removed from the site’:
“The SDA, as it has done since the beginning of its campaign, is continuing to call on those who
“…support the construction of affordable homes but not at the expense of Gibraltar’s heritage” to
join the Protest Gathering called for Tuesday 6th February 2006 from 1.15pm – 1.45 pm at
Convent Place, to show the Chief Minister that as a people we care about our heritage and our
identity and appeal to him to halt the demolition even at this late stage. It is not too late to stop the
work from going ahead and to build this block of flats on another site.
The Government refers to its press statement of Thursday 22nd April 2004, which listed a large
number of sites for development. But it does not specifically say that all the sites listed would be
for construction of ‘affordable’ homes. The list is long containing up to 65 sites and includes some
of the sites that the Association feels could have been used as an alternative, like North Front
Ariel Farm. The SDA stands by its views that it is not possible just from reading this list to
determine that the Rosia Tanks was going to developed an ‘affordable’ housing scheme.
In respect to heritage matters, neither the Association nor the Heritage Trust have hidden from the
public the fact that they were unaware of the historical significance of the site and how each part
of the site is interdependent. It is a fact that is on the record that it was only when these matters
were being fully researched that the significance of the site became apparent.
The SDA is fully aware that there are other concerns that residents have over and above the
heritage issue. However the speed at which the Government has driven this particular project has
meant that the priority for the Association has become saving the Water Tanks from destruction.
Hence the current emphasis, but the Government can be sure that once the issue of the Rosia
Tanks is determined one way or the other, that these concerns will be given greater attention. Had
the SDA been given the opportunity to address the Development and Planning Commission, and
when this was denied, seek redress through the Courts these issues would have been raised
alongside the heritage concerns.
The Association continues to stand by its view that the Government have not allowed all the
concerns raised to be given the proper consideration. At no stage has the Government made any
attempt to discuss these matters with the South District Association. Indeed this is the first press
statement in which the Government recognises the South District Association by name and does
not dismiss it as a ‘fringe element’.
Once again the SDA calls on the Government to halt the demolition and appeals to them to
consider the evidence that will be presented to them during the Protest Gathering.
Attached is a list of some of the concerns that the SDA has been trying to raise with Government
without success since it began its campaign in October 2005.
THE WIDER CONTEXT OF THE DEBATE
Heritage – the Rosia Bay area that includes the Victualling Yard, Mole and the Water Tanks
represent an important part of our heritage and of our historic links to the United Kingdom. Don’t
you think they are worth saving and developing in a sensitive manner to enhance the leisure and
tourist product of Gibraltar and to preserve our history and identity as a people?
Traffic Congestion – How long does it take you to get to work or drop your children off at school
each morning now? What do you think will happen once the Anchorage, Cumberland Terrace,
North Gorge, Buena Vista and Nelson’s View are completed, a total of over 1000 homes? We
estimate that there may be as many as another 1600 vehicles travelling to and from town at peak
 82

hours each day. How much time is this going to add to your daily journey? Remember all the
traffic in the South District converges on the Queens Cinema bottleneck.
Schools – There is only one First School and one Middle School serving the South District, St
Joseph’s. What impact is the possible doubling of the intake into these two schools going to have
on your child’s education? These two schools are very important to the development of your
children’s education. Have you asked yourself how the school is going to cope with the increase in
numbers?
Environment – There are already problems with the sewage system in the South District. If this
service is experiencing problems now, what is it going to be like once these homes have all been
built?
Parking – Do you have problems finding a parking space for your car now? Even though each
home owner has been promised one parking space, families in Gibraltar invariably own more than
one car. What additional parking provision is the Government going to make available for the use
of residents and guests, once these developments are completed?
Beachgoers – the numbers of people using the area increases dramatically in the spring and
summer months. Will the area around Rosia be able to cope, when it is having difficulty at the
moment?
Construction Phase – all traffic to and from each site will cause severe disruption and
inconvenience. In the Cumberland Terrace, Anchorage and Nelson’s View projects it is going to
be more intense than at North Gorge, particularly if all 3 projects are built more or less at the same
time. Are you prepared to put up with the inconvenience, like the noise, dust and other disruption
that inevitably follows?
The South District Association tried to raise all these issues with government and the development
and planning commission during the so called ‘consultation phase’ of the process. The association
has received no direct response from the DPC or the government to any of these concerns and
continues to be completely ignored by the government of Gibraltar.”
xxxxx
Territorial waters
BOSSANO URGES GIB “NOT TO DROP GUARD”
Leader of the Opposition Joe Bossano has linked the row over the HMS Sussex treasure
ship with statements by Campo PSOE MP Salvador de la Encina who, speaking on the
subject, declared that Spain’s policy in relation to Gibraltar is “to use a mailed fist in a
velvet glove.”
Mr Bossano said that if this is the message of the “new climate” in Madrid, “then the moral
of the story is that we should not drop our guard.”
A GSLP-Liberal spokesman said: “We note reports that a court in La Linea has now issued
a warrant for the arrest of the Odyssey Explorer and its crew. This is in line with the policy
of the Spanish Government that the vessel has been operating in Spanish waters and is
therefore subject to Spanish law.”
“It will be recalled that last month the Civil Guard intercepted the vessel and instructed the
Master to appear before the court in La Linea. The lawyers for the Odyssey Explorer
refused and made it clear at the time that “neither the ship nor the Master of the vessel fall
under the jurisdiction of the authorities that delivered the request.””
“Meanwhile, PSOE MP for Cadiz Salvador de la Encina has said that the policy of the
Spanish Government in relation to Gibraltar is to use a “mailed fist in a velvet glove”. He
made these comments when speaking about the controversy surrounding the salvage
operations of HMS Sussex.”
“In this context, it is possible that Mr de la Encina may be saying that Spain will stick to its
position for the sake of appearances (the velvet glove), but that in practice they will make
no attempt to stop us at this moment in time and reserve the right to make use of the mailed
fist at some point in the future.”
“The Spanish Government has already said in an official statement issued by its Foreign
Ministry that, as far as they are concerned, Gibraltar does not have any territorial waters at
all, other than the waters inside the Port which were ceded under the Treaty of Utrecht. Mr
de la Encina himself recalled this statement over the weekend.”
“These developments are totally unacceptable. Firstly, the court in La Linea continues to
behave as if the waters on the east side are Spanish and has issued an arrest warrant on that
basis. Secondly, the metaphor a mailed fist in a velvet glove is intended to imply a situation
in which a person assumes the disappearance of a threat i.e. the mailed fist because of the
 83

external appearances i.e. the velvet glove. If that is indeed the message of the “new
climate” in Madrid then the moral of the story is that we should not drop our guard.”
“There is one way in which we can establish whether the Spanish Government is making
all these hostile noises simply for effect in Spain or whether they really mean what they
say. The sooner UK challenges the Spanish position as to the sovereignty of the waters on
the east side and around Gibraltar the better it will be. We welcome the initial clarification
that has been made by the Convent last week that there is no question of the unclaimed 9
miles of our territorial sea being available for the Spanish Government to claim as their
own. However, having said this, action must now be taken to close the loophole.”
xxxxx
ROSIA TANKS PROTEST GOES TO NO. 6
Some 250 people, Rosia residents and others opposed to the demolition of the Rosia Tanks,
held a lunchtime protest at Convent Place yesterday in a bid to persuade Chief Minister
Peter Caruana that there was still time, in the words of their chant, to “Save the tanks.”
Tonight they will hold a candlelight vigil at the site and South District Association
chairperson Gigi Sene believes this will probably be a wake for the ancient structures. “It
will be a saying goodbye to the tanks if that is what the Chief Minister is bent on doing,”
she said.
With the support of groups such as the Environmental Safety Group, Friends of the Earth
and individuals, the SDA stood behind banners declaring ‘Nelson’s view, Caruana’s folly’
and ‘Save our heritage’.
A CD with their case for saving the tanks was presented to the Chief Minister’s secretary
Denis Hook whilst a hard copy was presented to Governor Sir Francis Richards who
received them in his office.
Nelson himself was present and irate at that - Malcolm Blagg dressed in the full Nelson kit
declaring that the Government is doing nothing for future generations or history.
Dr Ann Coats, secretary of the Naval Dockyards Society in Britain, declared that heritage
is an asset, not a problem. The Heritage Trust took her around the Rosia area but she did
not get access to the tanks. She said the area would make a wonderful development
opportunity. She hoped the Government would invite international architects to design a
plan that would incorporate business and residential areas and develop the bay.
Dr Coats said she was moved by those who spoke of long family links with people who had
worked with MOD for generations. “They are going to lose something special when those
tanks disappear, if they disappear.”
Speaking to the protestors she urged the restoration of the whole Rosia complex to be used
for touristic, educational and cultural purposes.
“Instead of a few people owning Nelson’s view you can all own it,” she declared. She said
heritage sites are swamped by tourists in Britain and all over Europe dockyards are being
preserved for regeneration.
She said that in Plymouth and Gosport these are regenerating income now that other jobs
have gone.
“Gibraltar needs affordable housing and it needs to treasure its heritage. There is nowhere
in the world like Gibraltar and there is nothing in the world like the Rosia Tanks. This is
not a dilemma, it is an exciting opportunity.”
Mrs Sene said that the SDA felt that the planning and development process in Gibraltar
“leaves a lot to be desired”.
“Where is the openness and the consultation when they meet behind closed doors, and there
are five government members who can push anything through regardless of the
opposition,” she said to cheers.
She said that 500 objection letters had been ignored as had the request to be heard. “We
have not had a single acknowledgement. When are we going to be heard? Maybe in a year
and a half when the elections come round.”
Mrs Sene said that 10 per cent of the electorate who signed the petition are being ignored.
“If all these people decided not to vote for the present government then where would the
GSD be?”
She said she did not wish to make the issue political but she felt it was no longer possible at
the late stage not to make a few political points about due process.
“They are hurrying through the demolition so that the heritage issue will disappear,” Mrs
Sene said. She argued that there was no reason why the project is not moved to the aerial
 84

farm by Eastern beach.

There were boos when she declared that the Chief Minister, as is normal procedure, would
not personally receive them. She declared that whilst there were only volunteers in the
Heritage Trust, the Government has “a minister for heritage, a whole heritage division
employed full time, earning good money, that has not produced a report on this site. I don’t
understand that.”
After her meeting with the Governor Mrs Sene said that she had been told that the matter
was a domestic one in which he has not say but that he had followed the issue with interest.
“I hope that the Chief Minister will see fit to look at our CD and become more informed.”
Alfred Vazquez, a leading SDA campaigner, said that the demonstration had been a
resounding success. “Gibraltar can have affordable housing without having to sacrifice our
heritage,” he said. “This is a government hell-bent on denying the people the proper
procedures to test and be consulted on issues which they may not agree with them on.
Simply to ignore us is just not good enough.”
Also present was Joe Ballantine the recently resigned chairman of the Heritage Trust.
“Hopefully a miracle will occur and the tanks will be saved and the development will move
elsewhere. But after yesterday’s announcement from the government - ‘we will not change’
– that will probably not happen, sadly,” he said.
The candle-light vigil will be led by Dr Coats tonight from 7.30 pm to 8.00 pm outside the
front gates of the Rosia Tanks site.
xxxxx
EUROPE’S HERITAGE BODY JOINS ROSIA TANKS APPEAL
Europa Nostra, the pan European Federation for Cultural Heritage, which is presided over
by the Prince Consort of Denmark, has written to the Chief Minister Peter Caruana urging
that the Rosia Tanks be preserved.
The organisation says that it had been informed by its member organisation Gibraltar
Heritage Trust (GHT) and the South District Association (SDA) of the imminent threat of
destruction of the Rosia Water Tanks in Gibraltar, an outstanding example of late 18th
century naval architecture with great historic, cultural and architectural significance for
Gibraltar and for Europe as a whole.
In their letter they state:
“As the voice of the civil society associations concerned with the conservation and
enhancement of cultural heritage throughout Europe, we urge you to use your authority to
postpone the planned works and engage into the necessary process of public consultation
on the development of the Rosia Water Tanks site and the possible alternative locations for
the affordable housing project.”
“We have been given to understand that the planned apartment building, known as
Nelson’s View, will detract from what remains of the heritage of Rosia Bay. It will
overshadow the Victualling Yard and Parson’s Lodge which won a Europa Nostra Diploma
in 1996 for the careful repair and restoration of the historic fortification. But most
importantly this construction will destroy the unique Rosia Water Tanks, of great historical
and architectural value, as has been underlined by two leading experts on British Naval
History, Dr Colin White, Director of the National Maritime Museum in Portsmouth and Dr
Jonathan Coad, a member of the Europa Nostra Scientific Council and Vice-President of
the Society for Nautical Research.”
Europa Nostra says it fully appreciates the needs to build affordable housing for families in
Gibraltar but shares the GHT’s view that this should not be done at the expense of the
valuable heritage assets of the Rock, especially if alternative locations do exist.
Meanwhile Graham Watson Liberal MEP for Gibraltar has written to the Chief Minister in
support of the campaign to save the Rosia Tanks.
In his letter he says:
“I would like to express my concern over the proposed demolition and to request that the
possibility of locating affordable housing is looked into.
The tanks represent an important part of Gibraltar’s heritage and I understand they could
potentially form part of a heritage and tourism project, providing valuable income. Such a
project might actually qualify for EU funding support, with which I would be pleased to
assist.”
The letter goes on to say:
“I am particularly concerned since the South District Association lodged their concerns
 85

during the early stages of the consultation period, yet did not receive even an
acknowledgement”.
Mr Watson’s support has been welcomed by the South District Association and comes only
a day after Mr Neil Parish Conservative MEP for Gibraltar publicly backed the save the
Rosia Tanks campaign.
This is the second letter written to Mr Caruana by Gibraltar’s representatives at the
European Parliament.
The Association says it is hoping that the Chief Minister will take note and act quickly to
halt the demolition.
In a further twist the South District Association have written to the Health and Safety
Officer at the Ministry of Employment highlighting a number of health and safety concerns
that the Association hopes will be addressed as a matter of urgency, so that no health and
safety laws and practises are being breached on the site.
xxxxx
SDA CONTINUE ROSIA TANKS LOBBY AS THE WALLS COME TUMBLING
DOWN
Demolition works above ground have started at Rosia Tanks and the South District
Association is calling on its members and supporters throughout Gibraltar to attend a third
candle lit vigil that has been called for tonight.
There has been increased activity on the Rosia Tanks site since Friday afternoon of last
week, when approximately 15 people held a meeting, the SDA believes, to discuss the
demolition.
“Yesterday the outer perimeter walls were being demolished and today the SDA believes
that the buildings above ground will be turned into rubble. The next step will be to move
underground and destroy these historic water tanks, that in their day could provide enough
water for 18 months for 80 Royal Navy ships of the line,” said the SDA. They say that it
seems incredible that the Government continues to push ahead without giving any
organisation both local or international the opportunity to discuss this issue with them.
“On Monday Mr Graham Watson, Liberal MEP for Gibraltar, who has also intervened on
behalf of the campaign, reported in a interview on GBC Radio that he had not received a
reply to his letter asking the Chief Minister to reconsider. Europa Nostra, the Pan European
Federation for Heritage, and others have also written but one wonders to what effect.”
“Undeterred the SDA will continue its campaign until the last brick has been removed from
the site,” said a spokesman. The SDA says it continues to have serious concerns in respect
to Health and Safety issues that appear to have been addressed but only in a piecemeal
fashion. In particular, fears about asbestos being present on the site amongst residents have
not been allayed and there is still serious concern regarding this matter, they said. The
Association claims it has had confirmation that there is asbestos present in No 3 building
and that tests are being conducted on samples taken from the covering of the Rosia Tanks
itself. It is believed that the covering itself may contain asbestos. The SDA are continuing
to put their concerns regarding asbestos in writing to the Health and Safety Inspectors and
are in the process of putting them on notice that it expects any removal of asbestos from the
site to be managed in accordance with current health and safety regulations.
“The Association cannot comprehend or understand the way that the Government has
handled this matter and wants to state once again that it does not believe that this historic
site has to be sacrificed to provide ‘affordable’ housing. Affordable housing can be built
elsewhere and the Water Tanks preserved and developed sensitively.” The vigil is as from
7.30 pm outside the entrance to the Rosia Tanks.
Meanwhile, the SDA also emphasised the historic importance attached to the site and refer
to a report prepared by Ann Coats, Secretary Naval Dockyards Society with information
supplied by Lionel Culatto, Steven Harrison, Dennis King, Robert Matto and William
Serfaty (posted under features on www.chronicle.gi).
xxxxx
NO CHANGE FOR MILITARY ROLE
There are no plans to change Gibraltar’s current military role Adam Ingram, Armed Forces
minister has said. Mr ingram said that the Rock’s role centres on providing a forward
mounting base and other facilities to support overseas operations.
xxxxx
 86

WINK IS NEW POLICE COMMISSIONER -OFFICIAL

Superintendent Louis Wink is to be the new Commissioner of the Royal Gibraltar Police,
the Convent confirmed yesterday.
Governor Sir Francis Richards has approved the recommendation of the selection board
chaired by Sir Ronald Flanagan, Her Majesty's Chief Inspector of Constabulary, that
Superintendent Wink should be appointed Commissioner of the Royal Gibraltar Police in
succession to Mr Joe Ullger QPM CPM.
Mr Wink will take up his appointment on Mr Ullger's retirement in April.
Mr Wink joined the force as a constable in 1976 and rose through the ranks serving in
almost all the departments.
In 2003 he attended the Strategic Command Course in UK. This is designed to prepare
officers for senior position. Mr Wink also attended a diploma course at Cambridge
University on applied criminology and police management.
xxxxx
ANGLICAN MILITARY BISHOP ON GIB VISIT
The Rt Rev David Conner Bishop to the Armed Forces will arrive at Gibraltar today and stays until
Monday.
His visit has two purposes: to meet service personnel and their families and to conduct confirmation of
members of King’s Chapel at the Sunday morning service. He will also take the opportunity to meet
other chaplains to the forces and the units that make up British Forces Gibraltar.
The Bishop is also the Dean of Windsor, responsible for the running of St George’s Chapel in Windsor
Castle.
The Bishop will be accompanied by his wife Jayne and they will be staying with Governor Sir Francis
Richards.
xxxxx
ESG TAKE POLLUTION CONCERNS TO EU PARLIAMENT
ESG, Hassans and Professor Benach have just returned from Strasbourg this time directly
lobbying the Environment Commissioner, Stavros Dimas over the question of cross border
pollution which they identify as caused primarily by heavy industry in the Campo area.
“Supported by the energetic commitment of Neil Parish MEP for Gibraltar who organised
this meeting, the team was able to press upon the Commissioner the main focus of its
complaint lodged with EC legal offices for the last 4 years,” said the ESG on their return.
Keen to present the matter as apolitical and cross border, the team also invited a Spanish
MEP, David Hammerstein, known for his support on environmental problems in Spain to
lend his support.
“In this light the Commissioner could fully appreciate the efforts made to depoliticise the
matter and focus, instead, on the environmental impact from the various commercial and
industrial activities taking place within the Bay.”
Fully briefed in a fourteen page document, the ESG hope that Mr Dimas will use his
position to help bring about the necessary action by the EC legal team against Spain on
infringement of environmental directives if it draws similar conclusions to those outlined in
the complaint.
The ESG state that “in spite of the clear environmental degradation created by heavy
chemical industries like those situated in the Bay and the Refinery in particular, the options
for action by the Commission are narrow”.
Among these are:
• to ensure that the environmental impact from these industries is clearly monitored and
information publicly available (such as was highlighted by the bucket brigade work
revealing an absence of such data as required under “Benzene” Directive 2000/69) – and to
bring about infringement proceedings if necessary
• and for the suitability of the “grandfather clause” status claimed by CEPSA, (obviating
the need for compliance with current industrial emission standards (until 2007 IPPC
legislation)), to be closely examined as the growth of its refining capacity and
petrochemical industry over the last 15 years raise some doubts over its qualification for
such status – this expansion of capacity and industry was pointed out to the Commissioner
in some detail
The ESG reports that the conclusion of the meeting with the Commissioner was that due to
the original complaint by ESG and GONHS to the EU in 2002 and continued pressure by
the ESG (4 further files), culminating in meeting with personnel of enforcement and
 87

technical departments of the directorate of the Environment, Mr Dimas had revealed that
Spain had provided information in response to them and that further information was
expected imminently, which they would then assess.
A further letter drawn up by MEP Neil Parish and the team was drafted in Strasbourg on
the meeting outcome and has already been sent to the Commissioner.
“It is clear that after having followed the ‘Brussels’ process directly for 4 years, the ESG
can now take full advantage of the backing of such MEP’s as Neil Parish to lobby directly
and have a “voice” in the European parliament. Without this, it has been very difficult to
access a right to environment justice.”
xxxxx

SDA GAINS CROSS-PARTY SUPPORT FROM MEPS ON TANKS CAMPAIGN

*Asbestos issue could delay works
The South District Association said yesterday that the campaign to save the Rosia Tanks
has now achieved cross party support in Europe. And informed sources yesterday
confirmed that, in addition to the asbestos being removed from building ceilings, samples
indicate that the paint covering the entire roof of the tanks contains asbestos. This could
delay demolition as builders decide how they proceed with its removal.
Glyn Ford Labour MEP for Gibraltar has now also written to Chief Minister Peter Caruana,
in support of saving the Water Tanks and moving the construction of affordable homes to
another site. The SDA again appealed to the Chief Minister to reconsider his decision and
halt the demolition. This site can be preserved and developed sensitively and as all three
MEPs for Gibraltar (Neil Parish Conservative MEP, Graham Watson Liberal MEP and
Glynn Ford Labour MEP) have stated the 'affordable' homes earmarked for this site should
be moved to and built on an alternative site.
In his letter Mr Ford says he took up the issue after being approached by the SDA.
"It is clear from the information I have received that the tanks are an important part of
Gibraltar's heritage providing Gibraltar with a fine example of late eighteenth century naval
architecture with great historic significance. I absolutely support the need for affordable
housing in Gibraltar but do not accept that this site is either the most appropriate or the only
one available. Surely it would be feasible to find an alternative site to build 200 housing
units or whatever number might be considered necessary to meet Gibraltar's housing
needs," he says.
"I urge you to use your authority to postpone the planned works and restart the process of
development of the Water Tanks site with a new look at alternative locations for affordable
housing. I do not believe it is in Gibraltar's long term interests to develop this area for more
housing and that all should be done to seek to persuade the Government to change its
policy," said Mr Ford.

xxxxx
Territorial waters
THREE MILES SUFFICIENT, COMMONS TOLD
The British Government said this week that it considered Gibraltar’s three-mile territorial
waters “sufficient”, even though it could in theory seek to extend them to 12 nautical miles.
Douglas Alexander, Minister for Europe in the Foreign and Commonwealth Office, made
the statement in the House of Commons in response to questions from Paul Keetch, the
Liberal Democrat MP for Hereford.
“Under international law, States are entitled, but not required, to extend their territorial sea
up to a maximum breadth of 12 nautical miles,” Mr Alexander said.
 88

“Where the coasts of two States are opposite or adjacent, the general rule is that neither is
entitled, unless they agree otherwise, to extend its territorial sea beyond the median line.”
“The UK Government considers that a limit of three nautical miles is sufficient in the case
of Gibraltar.”
The questions to the minister come less than a fortnight after the UK and Spain clashed
over the Rock’s territorial waters, an issue highlighted by controversy over the search for
the sunken galleon HMS Sussex.
At the time both Britain and Spain staked their claims in the strongest of terms: London
claimed three miles of territorial waters around Gibraltar, while Madrid dismissed any talk
of British sovereignty over the sea around the Rock.
The diplomatic row prompted the GSLP/Liberal opposition to call on the British
government to extend Gibraltar’s waters to include the additional nine nautical miles that it
is entitled to.
Since then, Spanish and British officials have held high-level discussions in Madrid and
London to ease tensions and return to the status quo, albeit with more clearly defined
positions.
In his parliamentary answers this week, Mr Alexander also made clear the British
government’s stance on what it believes is the wreck of HMS Sussex.
“We cannot give exact details of its location due to concerns about the security of the
wreck, but it lies outside British Gibraltar territorial waters in international waters,” he said.
Although he did not provide details, a statement from the Convent earlier this month made
clear that the wreck lies off the east side of the Rock, within the unclaimed nine nautical
miles of sea.
xxxxx
CARUANA CALLS CONSTITUTIONAL REFORM MEETING NEXT WEEK
Chief Minister Peter Caruana has convened a meeting of the Gibraltar Constitutional
Reform delegation for next Friday, No 6 said yesterday.
The meeting comes just two days after he has participated in a meeting of the trilateral
forum in London and just weeks after he met Foreign Secretary Jack Straw on the question
of Constitutional Reform.
After his January 11 meeting Mr Caruana said he was confident that Mr Straw is giving
serious consideration to several key political points of the Constitutional Reform proposal.
He said then that another negotiating meeting, of the full Gibraltar and UK delegations on
constitutional reform, is planned.
Mr Caruana, was reluctant to discuss details, but said the points discussed related to
elements in the Constitution that Gibraltar's Constitutional Reform Committee wants to
change in order to make them non-colonial in nature.
xxxxx
RECORD BUNKERING
Bunker companies delivered 6million tonnes of fuel oil to ships in the Bay of Gibraltar last
year, according to industry sources.
Gibraltar supplied a record 4million tonnes of fuel oil to commercial ships in 2005,
representing a 12% increase over the total for 2004.
Bunker volumes are also growing in the port of Algeciras, which delivered just over 2
million tonnes of fuel last year, up 33% on the previous year.
xxxxx
ELIOTT GETS EXPANSION GO AHEAD
The Development and Planning Commission is poised to grant outline planning consent for
a project to build an annexe to the Eliott Hotel in the heart of town.
Although some technical matters need to be clarified, the commission last month agreed in
principle to clear the project through the first stage of the planning process.
The proposal submitted by the O’Callaghan Hotel Group has been drastically scaled down
from the original plan for a 28-storey building, which was rejected by the DPC last year.
The latest plan cuts the height of the building by over half compared to the original
submission.
In the current application the proposed annexe would measure 42 metres in height, about
 89

the same as the existing Eliott Hotel.

The plan is to construct the annexe on a site on Cannon Lane currently used as a car park.
It will be joined to the existing hotel by a link bridge crossing over Cannon Lane. If
approved, the new hotel will cost £9 million to build and will have 90 high-quality rooms
with en suite bathrooms.
According to the planning application, this will help address the demand for high quality
business hotel suites and associated facilities.
xxxxx
NO REASON TO HALT ROSIA DEMOLITION - CARUANA
SDA raise asbestos concerns
Government has no plans to retreat on the Rosia Tanks demolition, Peter Caruana, Chief
Minister, told Canal Sur Radio yesterday.
“There are no reasons to change the decision. The Government has taken a decision that
has taken into account all the objections that are being repeated. For a small group of
people to keep repeating the same objections that have already been taken into account by
Government in a balanced decision is not opportune.”
Mr Caruana said that in a democracy the Government must take decisions that serve the
collective interests of the people.
“If governments in a democracy were not to do anything to which a minority of its
electorate objects, we would become a useless mechanism to govern countries. One thing is
that we are told we must consult. But to consult does not mean one has to act in accordance
with each person that expresses their opinion. We have to govern and we have to take
decisions. Citizens then take their decision at the polls.”
Meanwhile, the South District Association has said it continues to get unconfirmed but
“reliable” reports that more asbestos has been found on the site. It is already known that the
roof of one of the buildings is made from asbestos sheeting.
“Now in a further scare, it has come to the Association’s attention that the external
covering used to protect the Water Tanks contains asbestos. Residents reported that a
couple of persons in protective clothing, who are understood to have been Health and
Safety Officers, were seen collecting samples from the
Pump House, as it is thought that the pipes and other machinery inside this building may
also contain asbestos. It appears that samples have been taken away from the site to be
tested.”
The SDA reports that no further demolition works have been carried out on site since the
perimeter walls and one of the buildings above ground were demolished. “Yesterday
residents of the South District reported that heavy machinery had left the site and that all
demolition works had been halted. It seems that until the extent of the asbestos is
uncovered no further work can be carried out.”
“In response to concerns expressed by residents of the area in the past fortnight, the SDA
put the developers and the relevant authorities on notice that any asbestos found on site
must be removed in accordance with the relevant ordinance. It hopes that both the
Government
and OEM International take note”.
The SDA claim it is becoming clear now that “no attempt was made to carry out a full
survey to determine if there was any asbestos on the site before work commenced that
could give rise to public health fears.
Under current legislation, it is the responsibility of employers to carry out a suitable and
sufficient assessment so as to determine what asbestos is or is not liable to be present.
Further the employer has a duty not only to protect employees from exposure to asbestos
but also to protect any other person who may be affected by the work activity.”
If this is the case, then no work should have been carried out on the surface covering of the
Water Tanks. Before works commenced the asbestos should have been stripped off the roof
covering of the Water Tanks. Only then should the drilling for the geo technical survey
have taken place, they said.
The SDA says it hopes that before the asbestos is removed the extent and type will be
determined.
“Asbestos dust is highly toxic. There are three types, white which represents a serious
threat to health and blue or brown that is highly aggressive and very serious health risks.”
The SDA says it does not feel that enough care has been taken to protect the public from
 90

the adverse effects of asbestos. Members of the SDA will continue to monitor the site to
ensure that all asbestos is removed in a controlled manner and that it is contained prior to
and during the removal so that no particles are released into the atmosphere, said a
spokesman.
“In an effort to allay fears that are being widely expressed by residents in the area the
SDA is calling on the Government and OEM Interna-tional Limited to disclose fully
the extent of the problem
and inform them on any
plans to remove asbestos from the site before they are carried out.
This has become even more critical now that the Health and Safety Inspectors have
informed SDA representatives, this morning, that they have been instructed not to disclose
any information to members of the public verbally on this matter. As from today all queries
regarding asbestos on the Rosia Tanks site must be put in writing to them.”
The SDA says it is distressed and angry.
“It means, in effect, that any person who has any fears for their health can no longer call in
to request information on or be reassured as to the extent of the asbestos present, the type
or the manner of its removal”.
“This is seen as a clear signal, once again, that the Government is trying to obscure the
whole affair. In view of this the SDA has written to the Health & Safety Inspectors and sent
copies to the Chief
Minister’s Office, His Excellency the Governor, the three MEPs who are supporting the
campaign, the Chairman of the Development and Planning Commission and OEM
International Limited, so that they are in no doubt that this matter is being monitored
closely and that the SDA expects full disclosure promptly.”
xxxxx
 91

THE OFC REPORT 2006-02-12

This report is deemed to be the premier report of the world’s leading international
financial service centres.
Gibraltar is allocated three pages which include advertisements from Credit
Suisse and Hassans.
The first page lists all the relevant official information whilst another page tells
the story of Gibraltar as a trust jurisdiction written by the combined talents of Michael
Castiel and Raquel Moss.
xxxxx
ADMIRAL SIR ALAN WEST
Recently whilst on the Rock this Dateliner heard a persistent rumour that Sir Alan
had withdrawn from the list of potential candidates to be the next Governor and
Commander in Chief of the Crown Colony and Garrison of Gibraltar. The rumour went on
to specify that he had been appointed Lieutenant Governor of the Isle of Man.
A call to the Isle of Man confirmed that this story was not true. Vice Admiral
Paul Haddacks was appointed Lieutenant Governor of the Isle of Man last October and has
no intention of resigning. His rank is also not high enough for the position of Governor of
Gibraltar.
Sir Alan West now returns to the list of contenders.
xxxxx
KATIE MUNITZ
Katie Munitz is researching a 10,000 word dissertation on the subject of how does
the Rock of Gibraltar affect the vegetation that grows on it.
She flies to the Rock in July and she will visit predetermined ten points and
examine height, slope direction, soil ph and soil profile. She will measure the percentage
cover of vegetation, the number of species at the site and what different species grow at
different heights.
Katie welcomes any assistance and can be contacted on [email protected]
xxxxx
CADOGAN HOLIDAYS
Cadogan Holidays continues its expansion in the eastern Mediterranean by issuing
a dedicated 32 page brochure under the title ‘Discover Israel’ January 2006- March 2007.
This was launched by a distribution within the pages of The Jewish Chronicle
offering readers a 20% discount on all brochure prices.
xxxxx
MICHAEL BRUZON
Michael Bruzon, a Gibraltarian making his way as an artist slowly but surely in
the Mother Country, is holding an exhibition of his work in the art centre of Eton College.
The exhibition is called ‘Hive’ and deals with life in the community and the impact of
football in the community. Michael was the resident artist at Brentford Football Club where
his paintings were widely acclaimed. It opens on Saturday and can be seen at Eton during
the following four weeks.
It is hoped that Gibraltar’s quartet of OEs will make a point of seeing this
exhibition.
xxxxx
JOE BOSSANO
Joe Bossano has accepted an invitation to become an honorary member of the
Falkland Islands Association.
In his letter of reply Joe wrote that he was delighted to accept and felt immensely
honoured that the FIA had offered him honorary membership. He said that he had always
been a 100% committed defender of the Falkland Islands and its people. He feels that the
Gibraltarians probably understand the Falkland Islanders’ position better than anyone else.
At the United Nations the reaction to the claims of the Gibraltarians and the Falkland
islanders for the right of self determination first emerged in 1965 and were identical in
respect of both territories so the parallels have been there for 40 years.
Joe became a legend in the Falkland Islands, when last May at a United Nations
seminar in St Vincent, he tore into an Argentinian diplomat for suggesting that the Seminar
include as one of its recommendations that the doctrine of the United Nations was that the
 92

question of the Falklands was one of territorial integrity and that self-determination did not
apply because the people there were indistinguishable from the occupying power that had
transplanted them.
xxxxx

MALTA AND GIBRALTAR

This Dateliner is indebted to May Isola for loaning him a copy of a rare book
titled ‘Malta and Gibraltar 1915’ - an historical and descriptive commercial and industrial
facts and figures: approved by the Military Censor, London: compiled and edited by
Allister Macmillan.
The inside front cover shows a photograph of the most famous Rock in the World
taken by A. BEANLAND. (CANNOT GET RID OF UPPER CASE)
“Malta and Gibraltar, bulwarks of the Empire on which the sun never sets, there
are no places like them anywhere. E\ach is the complement of the other; and so long as the
Union Jack is an emblem of British naval supremacy, and of liberty and justice, so long
will they be amongst the most valuable of all the widely-spread British possessions. …….
Mighty strongholds of world-wide influence, they are amongst the factors operating most
surely for the annihilation of the despotic militarism that would, if possible, enslave
humanity. ……..
Gibraltar’s Main Street is full of intense ethnological interest for types of all
races of mankind may be seen there; and a considerable trade is done by the local
shopkeepers with the passengers from the numerous vessels that call at the port.”
The first 397 pages are about Malta and then 109 pages dedicated to Gibraltar.
Since then Malta has become an independent nation and Gibraltar later this year will be
decolonised with a modernised Constitution.
There is a fine account of the 14 sieges. One illustration stands out and it is of
the fresco painted in 1870 by Captain Marshman of the 28th Regiment (now (1915) the
Gloucester ) depicting the 39th Regiment (now the Ist Battalion, Dorsetshire Regiment)
taking part in the great sortie on the night of 27th November 1781 against the French and
Spanish besiegers.
Colonel E.R. Kenyon, Royal Engineers, contributes an article of particular
relevance to those interested in Gibraltar’s heritage. It is about the fortifications, antiquities,
buildings of Gibraltar.
This is followed by J.B.Triay’s account of the port and harbour and then a pen
portrait of the leading commercial companies on the Rock.
These are Saccone and Speed; L.H.Fava and Co; Beanland, Malin and Co;
Stagnetto, Ellul and Co; Thomas Haynes; Bristol Hotel; Levy and Co; Francis Hernandez
and Sons; R and J Abrines; S.E. Benoliel and Co; Hotel Cecil; Manuel Danino; Smith,
Imossi and Co; Marin and Podesta; M.H. Bland (founded under the name Middleton,
Macintosh and Bland); A. Mateos; Gibraltar Gas Company; Lewis Stagnetto; Grand Hotel;
John Carrara and Sons: Benady Bros; W.J. Ellicott; Francis Balestrino; Joseph Cazes;
J.Lucas Imossi; R. Cardona; John Risso and Sons; Calpe Stores; Anthony Ocana; Joseph
Rugeroni; Thomas Mosley; A.E. Ferrary; The Anglo-Egyptian Bank; Bristol Pharmacy;
Richard Povedano; James Dagnino; Coll and Cassaglia; Joseph Gache; Michael Durante;
Bassadone Sisters; Schembri and Co¨J.A.Garibaldi: Moses S. Seruya; Thomas Gamble:
W.F.Roberts; Anglo-Hispano Bodega Company; Charles A. Imossi; R.W. Rich; J.Roscoe;
John Onetti; John de la Paz and Co; Avelino Sanguinetti; Chevalier George A. Prescott;
W. Lequich; Larios Hermanos; B. Sacarello; Aurelios Bottino; G.H. Cartwright; Solomon
Cohen; William Guillem; Andrew Freyone; James Sanguinetti; James Pratts; J. Barea; D.
Hulhoven; J.B. Littlewood; J.R.K. Dacre.
Thirteen names warrant biographical notes and these Gibraltarians are included;
Arthur Carrera; John Cochrane; A.Podesta; J.B.Triay.
There is an historic photograph of the Government House Group taken on the
King’s birthday, 3rd June 1914. Names of interest include: Marques de Marzales (Pablo
Larios); J.A. Patron; Captain Loaysa (Spanish Army); Lieutenant Dona (Spanish Army),
Fernando Schott (German Consul); Colonel Leon (Spanish Army); General Alcina (
Governor of Algeciras); F. Marti (Spanish Consul-General); Commander Espinosa
(Spanish Navy); A. Porral.
What beggars belief is that there are more Spaniards than Gibraltarians in this
photograph.
 93

xxxxx
ELMA DANGERFIELD
Elma Dangerfield died earlier this month. She was both the heart and the
powerhouse behind the European Atlantic Group and will be sadly missed. Elma was 98
years old.
She was a passionate supporter of the inalienable right of the Gibraltarians to self
determination and at the height of the Blair, Straw, Emyr Jones Parry initiative to force
joint sovereignty onto the Gibraltarians invited the Chief Minister to address a crowded
meeting in the House of Commons and then at a dinner a the St Ermin’s Hotel.
xxxxx
Trilateral process
CARUANA: AGREEMENT ‘COULD BE WEEKS AWAY’
By Dominique Searle
A significant easing of tension in the three hundred year dispute over Gibraltar could
emerge next week from trilateral talks being held in Kent, England involving Gibraltar,
Britain and Spain.
Peter Caruana, Chief Minister, said yesterday that “we are discussing difficult issues, many
of which have not even been discussed for years, less still negotiated.”
But he told Spanish radio that his hopes remain that agreement will be concluded “in weeks
rather than months.”
The encounter this coming Monday hosted in Chevening, the British Foreign Secretary’s
official country residence, will not resolve the historic dispute over sovereignty; instead
Britain and Spain agreed in October 2004 that they should address practical issues in a
process that would run parallel to discussions on the political dispute.
The talks involving Mr Caruana, and the British and Spanish diplomats Dominick Chilcott,
and Jose Pons start Monday afternoon and end on Tuesday with lunch. The three stay over
at Chevening but only Mr Caruana will hold a press conference at the GIB office after the
talks.
Mr Caruana told La Mirada critica on Tele 5 yesterday:
“Today my opinion of the state of the negotiations is that it is very possible that there will
be an agreement that is good for all sides in relation to the airport. Without touching the
issue of sovereignty and with no side advancing or regressing its position on sovereignty, it
is possible to reach an agreement that allows Gibraltar’s airport to be useful to both
Gibraltar and the Campo.
We are on course to find that agreement which will be good for the people of each side of
the frontier.”
But he also made clear that issues remain to be resolved.
“The most complex (issues) are the airport and pensions. The airport, because we have to
find practical solutions that do not prejudice the political positions on sovereignty. That is
very complex indeed. Pensions are not just technically difficult, this issue also has
economic implications,” Mr Caruana told the regional Canal Sur Radio. Gibraltar’s
position is that Britain and Spain must resolve any payment.
“The possibility of agreement on all these issues is very close. We are talking about weeks,
not months. If they are not reached in weeks I think that will be because they are not going
to be agreed. There comes a time when if there are only a couple of points on each issue
and they not are resolved it will be because they can’t be. We can’t spend another year on
the same points.”
“I remain confident that there will be a packet of agreements on the issues under
discussions and this will create much better cross-border relations than in the past.”
Mr Caruana restated that there can only be agreement if all the items are settled.
The most obvious indication of a successful outcome on Tuesday will be an announcement
that the process moves to a second level – an unprecedented trilateral meeting involving Mr
Caruana, Jack Straw, the British Foreign Secretary, and his Spanish counterpart Sr
Moratinos. This could happen as soon as mid-March.
This was due last year and is described as being under a ‘two flags, three voices’ concept.
If the talks move to that stage the agreement is that they are held on an open agenda basis –
that would allow Spain to raise sovereignty and for a broader process of talks to take place
although Mr Caruana has made clear that Gibraltar is equally free to state its position at
talks. Additionally, Gibraltar has a written assurance from Mr Straw that Britain will not
agree anything with Spain, including matters affecting sovereignty, without Gibraltar’s
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consent.

Mr Caruana told Tele 5 that he would expect to meet with the foreign ministers, after next
week’s talks. This next session would be where these agreements “which do not affect
fundamental positions or impinge on sovereignty” would be ratified and announced. He
said Spain’s position is its traditional one - that its claim over sovereignty should not be
prejudiced or modified.
Gibraltar’s is “equally strong on sovereignty and, in our case, our claim to the right to self-
determination. That is to say that Gibraltar, in the Europe of 2006, freely and
democratically deciding its own future, and which we are not willing to put at risk in these
discussions.”

FT
In a letter to the Financial Times, responding to an article which said a deal was close on
Gibraltar’s status, Mr Caruana says that the FT rightly stated that the trilateral process does
not relate to sovereignty and added that it is not concerned with Gibraltar’s status either.
“A new modernised Constitution is currently being negotiated by the UK and Gibraltar, but
this has nothing to do with the Trilateral Forum involving Spain.”
Mr Caruana told Canal Sur Radio that he believes there is a willingness, within these
conditions, to work for the benefit of citizens on either side of the border.
He said that “we are discussing difficult issues, many of which have not even been
discussed for years, less still negotiated.”
It is important that a good agreement is reached for the benefit of Gibraltar and the Campo
de Gibraltar rather than making premature statements, he declared.
Mr Caruana told Tele 5 that he did not think there was any question of any lack of political
will holding back a solution to co-operation at a local level in the context of the mixed
commission. But he said the reality is that the powers of the Gibraltar Government to make
agreements are greater than those held locally in the Campo, and that the Mancomunidad
had had to defer to Madrid in order for agreements to be effected.
On Wednesday the Chief Minister meets with Foreign Office officials in relation to other
on going business.
The Gibraltar delegation comprises Mr Caruana the Chief Secretary Ernest Montado and
the Assistant Chief Secretary Richard Armstrong. They are accompanied to London by
Press Secretary Francis Cantos. The Chief Minister departs for London on Saturday and
returns to Gibraltar on Wednesday.

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A ROYAL OCCASION
An unusual encounter with the man who opened the Spanish border in 1985. Peter Caruana
dined at the top table with former Spanish Prime Minister Felipe Gonzalez.
The occasion was the 25th anniversary of the recovery of the Dehesa de Boyal, the lands of
the Almoraima area for the people of Castellar. The towns Mayor Francisco Vaca Garcia
explained that this was an ancient dispute which the young ‘Felipe’ as secretary general of
the PSOE and a lawyer helped them resolve so that they could build their new town and
again have access to hunting rights and pasture. Sr Gonzalez, ‘hijo adoptivo’ of Castellar,
opened his speech saying he was pleased to be amongst friends ‘from Caruana, to the
mayor and all you good people.’
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Sky interview: Caruana describes ‘twin-track’ approach
STATUS TALKS ‘ONLY WITH UK’
Gibraltar is not being asked by Spain to pay with its sovereignty for normality, Peter
Caruana Chief Minister told Adam Boulton in a Sky News interview yesterday. And Mr
Caruana made clear that on status Gibraltar is talking to Britain only and intends to remain
British.
Comparing the situation in Spain today to that of the 2002 joint sovereignty crisis Mr
Caruana said that the main difference is that now everyone understands that the future of
Gibraltar in effect is only going to be decided by the Gibraltarians.
“Previous attempts to do it bilaterally between London and Madrid got nowhere for very
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good reason. These talks are not focused on sovereignty,” said Mr Caruana referring to the
2002 98% plus decision in favour of remaining British.

Mr Caruana said that what is now being followed is a ‘twin track’ approach.
“With the United Kingdom only we have status talks. That is a new non-colonial
constitution between Britain and a British Gibraltar. And with Spain, in this trilateral
process we have talks about other things.”
He also said that Spain does not renounce her claim but recognises that the people of
Gibraltar want to remain British.
“When we (in Gibraltar) talk about status, we don’t talk about Britain or Spain. For us
status is being British in a colonial relationship or British in a non-colonial relationship.”
“I think that the Spanish Government has realised that if she is ever going to make any
headway in her interest in relation to Gibraltar she has to try and persuade the people of
Gibraltar. We may have a view on her chances of success on that but Spain now believes
that unless she establishes normality in the relationship there is no prospect of any future
generations of Gibraltarians thinking differently to what we all do today,” he said.
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GB AIRWAYS
GB Airways has been voted the fourth most popular airline in the world : after Air France,
British Airways and Easyjet. This was at the Travel Weekly Globe Awards spon sored by
Associated Newspapers Ltd. The decision was made by travel agents who took part in the
poll.
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Trilateral talks open at Chevening
DECISION DAY FOR GIB RELATIONS WITH SPAIN
Peter Caruana, Chief Minister, arrived at Chevening House, the British Foreign Secretary’s
country residence yesterday for the start of a 24 hour marathon of intense negotiations on
issues affecting future relations with Spain (Dominique Searle reports from London).
Mr Caruana meets with Jose Pons, the Spanish Foreign Ministry director for Europe and
America and his British counterpart Dominick Chilcott at lunchtime today. The three will
be staying at Chevening until tomorrow lunchtime.
Although it has been agreed that there will be no trilateral press conference or statement,
Mr Caruana has made clear that as a politician he will be expected to make some statement
after the session. He will be meeting the press at the GIB office in London.
But, even if no detail emerges, the critical factor will be whether or not an announcement
of ministerial talks will follow. That would be the most obvious indicator that an agreement
in principle is basically concluded and only requires ratification and political decision to be
announced.
Mr Caruana, accompanied by Chief Secretary Ernest Montado and Press Secretary Francis
Cantos, told Radio Nacional de Espana yesterday that talks can falter at the last more
difficult moments but that he was optimistic that this was not the case now.
“It is true that we are close to on agreements on some issues but this is a package and there
is only agreement when all issues are agreed,” he said.
Use of the airport, frontier flow, pensions and telecommunications are the main issues
expecting agreement now. He said that the sovereignty issue is what had always made talks
complicated but the effort now was to use the space available to the benefit of the citizens
on each side of the border.
He was hopeful that on the airport it is possible to make an agreement that Gibraltar does
not advance on sovereignty and Spain does not regress on its position either.
From this process he was confident that co-operation on local issues such as the
environment would follow.
One outcome he also suggested was that with normality the EU might no longer look to the
three parties as a source of irritation.
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PHOTOGRAPHY
The editor thanks Janet Whiteley for the photographs published in this issue.
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