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Tripartite Dialogue Forum Cordoba Accord • Statement by the Chief Minister Peter Caruana in response to criticisms by the Opposition and other Political Parties on the Cordoba Accord Agreements

12th October 2006

Introduction

The Government welcomes the very widespread support for the recent Cordoba Agreements from representatives bodies in Gibraltar.

This has included the T&GWU (Transport & General Workers Union), the Gibraltar Trades Council (which also includes GGCA/Prospect and Teachers Union, NASWUT), the Gibraltar Chamber of Commerce, the Gibraltar Federation of Small Businesses (GFSB), the Finance Centre, the Voice of Gibraltar, the New Democratic Party (sic New Gibraltar Democracy Party) and the Moroccan Workers Association among others.

When these agreements were made public I said that they were excellent for Gibraltar, that not a single word in them adversely affected our sovereignty, jurisdiction or control of our affairs, and that I would stake my political reputation on each and every word in the agreements.

Having heard all the critical views expressed by the Government’s political opponents, I now re-affirm each of those statements.

Indeed, the criticism levelled against the agreements by the elected Opposition, the GSLP/Liberals is not based on Sovereignty, jurisdiction or control.

Before responding in detail, to each point put by critics of the agreements I would like to REPEAT and CLARIFY certain important things which may have become blurred by misinformed comment and rumour:

• NO GIBRALTAR PASSENGER will have to go into Spain for any purpose, either during the transitional period or after 2008 when the new terminal is ready.

• Spanish officials, (located in Spain and with the passenger located in Gibraltar) will give ONLY advance clearance for entry into Spain and exit from Spain. They will not control entry to or exit from Gibraltar.

• On arrival in Gibraltar airport, and after disembarkation from the airplane, passengers are already in Gibraltar. Accordingly, Spanish officials will not be able to deny anyone entry into Gibraltar.

• The Airport remains an MOD Airport, under exclusive British Sovereignty, jurisdiction and control. All Terminal services and activities remain and will remain exclusively under Gibraltar Government jurisdiction and control.

The Government deeply regrets that politically opportunistic, and misinformed statements, distorted analysis and rumours are being made to the contrary effect.

I will now respond to each point made by critics of the agreements.

What the Critics Say

1. It has been said that the Government has admitted that Sovereignty of Gibraltar is a bilateral matter between the UK and Spain.

The Government has admitted nothing of the kind. Spain does not wish to enter into agreements about Sovereignty with the Government of Gibraltar. That is not a problem for us, since Gibraltar does not want to do an agreement about Sovereignty.

Accordingly, the agreement says that the Government of Gibraltar understands and accepts that the references to Sovereignty are bilateral to the UK and Spain. What is bilateral therefore is the references to sovereignty in the texts, not the issue of sovereignty itself. This is clear from paragraph 3 of the Ministerial Communiqué.

The actual position on Sovereignty itself is clear. It is vested in the British Crown. It is claimed by Spain. That claim is rejected by both the UK and Gibraltar. We have the total security of the Sovereignty assurance in the preamble of our Constitution. Our position has now been even further strengthened by the UK Government’s commitment to me, made at my request, and which has been confirmed by the UK Government in writing to the Spanish Government, to the House of Commons and, last week to the UN, that the UK will not enter into any process of negotiation on Sovereignty with which Gibraltar is not content. Gibraltar has never been in a stronger, safer position on the question of Sovereignty.

2. It has been said that the Schengen arrangements in the new Airport Agreement mean that we will be controlled by Spanish Officials as if the airport was in La Linea and not in Gibraltar.

This is an absurd and false analysis of the arrangements that have been agreed.

The airport is in Gibraltar and Spanish officials are not conducting any controls relating to Gibraltar. Only Gibraltar Officials will carry out controls relating to Gibraltar.

In his GBC broadcast, Mr Bossano said that on arrival from a Spanish Airport Gibraltar passengers would have to go to the edge of the frontier and obtain
clearance to enter Gibraltar and only then are we deemed to have left Spain.

This is simply not true and the agreement says nothing of the kind. Spanish Officials will not control entry to Gibraltar, and passengers are deemed to have left Spain when the aircraft leaves Spanish airspace. Once they land in Gibraltar passengers are deemed to be where they are – in Gibraltar! Spanish official will not be able to deny entry into Gibraltar!

3. It has been said that passengers from Gibraltar flying to Madrid will be deemed to have entered Spain and already be in Spain when they receive immigration and customs clearance from Spanish Officials before they board the plane.

This is simply not true. This is not the effect of the arrangements that have been agreed and is a total distortion and misrepresentation of the concept of advance entry clearance provided for in the agreement.

You will recall that the agreement provides that a Spanish official located on the Spanish side of the border, will give you advance entry clearance into Spain while you yourself remain on our side of the border at all times.

I would like to illustrate this with some practical examples that apply in other places where this happens.

Example 1

When a passenger takes a Eurostar (Channel Tunnel) train from the UK to France or Belgium (which are in Schengen), that passenger receives advance entry clearance for France, Belgium and the whole of Schengen from a French immigration official located at Waterloo train station in London, before the passenger has boarded the train in London. The same occurs on the return trip.

UK immigration officials located in Brussels and Paris grant passengers advance entry clearance for the UK in Brussels or Paris before passengers board the Train. Passengers are then not controlled when they arrive at the country of destination.

No one suggests that this has sovereignty, jurisdiction or control implications, or that the passenger “is already in France” or “is deemed to be in France” when he is still physically in London, or that Waterloo Station is in France or Belgium simply because the passengers receive French clearance in advance before they board the train in London.

Furthermore, no one suggests that French officials are controlling entry into or exit from the UK. They are controlling only entry into France and Schengen.

Example 2

At Geneva Airport, in Switzerland, French Officials give French exit and entry clearance to passengers who are physically in Switzerland.
In both these examples French, Belgian and UK officials are infact themselves located on the territory of another country. We are achieving the same without the presence of Spanish Officials in Gibraltar.

It is therefore simply untrue for Mr Bossano to say that passengers will already be in Spain before they board the plane in Gibraltar. Such passengers will still be in Gibraltar for all legal, jurisdictional, political and physical purposes. For example, if they change their mind and decide not to fly, they are not in Spain, they are still in Gibraltar. All Gibraltar laws will continue to apply to them. They are not in Spain yet in any sense whatsoever.

4. It has been insinuated, by use of ambiguous language, that Gibraltar passengers will have to go into Spain to have their passports stamped.

This is a total invention. It is untrue.

At no time, either from December (when flights begin) or after 2008 (when the new terminal is built), will any Gibraltar passenger have to go into Spain either on departure from or arrival at Gibraltar Airport, to have their passport checked, or for any other purpose whatsoever related to the use of Gibraltar Airport.

5. It has been suggested in quite colourful and emotive language that Gibraltar passengers would have to submit to control by Spanish Officials in relation to leaving Gibraltar or entering Gibraltar and that a Spanish Official could deny you entry into Gibraltar.

• This is totally untrue. No Spanish official will be able to deny entry into Gibraltar;

• Only Gibraltar officials will control entry to or exit from Gibraltar;

• No Spanish official will be involved, at any time, in authorising or controlling exit from or entry into Gibraltar.

• Spanish officials will only control (from the Spanish side of the border) entry into Spain and exit from Spain. What is more they will do this with the passenger in Gibraltar (not in Spain).

It is therefore untrue for Mr Bossano to say that Gibraltar arrivals and departures have to be cleared first by the La Linea Authorities. They are not clearing arrivals at Gibraltar or departures from Gibraltar, first, second or at all.

6. It has been said that flights between Gibraltar and Spanish Airports will be internal or domestic Spanish flights.

• This statement does not reflect the language of the agreement which clearly reflects the fact that Gibraltar is not a Spanish Airport (eg the agreement refers to “flights from Gibraltar Airport to a Spanish airport”).

• Indeed the agreement acknowledges that our waiver of Gibraltar customs and immigration controls in respect of passengers using the direct access on flights to or from a Spanish Airport, is an administrative concession by the Gibraltar Government and not a matter of legal right of the passenger or surrender of jurisdiction right by Gibraltar.

Also, if Gibraltar Airport were being treated as a Spanish Airport (internal or domestic flight means a flight between two Spanish airports) then of course, it would not be necessary for Gibraltar passengers to undergo any Spanish or Schengen passport controls because we would already be in Spain when we were in the Airport. Yet we are being subjected to such controls.

7. It has been said that the Cordoba Airport Agreement is as bad as, if not indeed worse than the 1987 Airport Agreement.

This is simply false. The Cordoba Agreement contains none of the things to which Gibraltar objected in the 1987 Agreement.

• Unlike the 1987 Agreement, this new agreement DOES NOT give Spain a joint say in the running and development of civil aviation services;

• Unlike the 1987 Agreement, this new agreement DOES NOT provide for a separate Spanish terminal in La Linea for passengers to or from La Linea or flying to and from a Spanish Airport.

• Unlike the 1987 Agreement, this new agreement DOES NOT provide for Gibraltar passengers to have to go into Spain before catching a flight to Spain.

• Unlike the 1987 Agreement, this new agreement DOES NOT provide for Spain to exercise EU Member State powers and competences in relation to EU capacity and market access directives in respect of Gibraltar Airport.

• Unlike the 1987 Agreement, this new agreement DOES NOT provide for a committee to co-ordinate the British and Spanish Terminals in relation to shared use of the runway and the Airport’s other services.

• Unlike the 1987 Agreement, the new agreement DOES NOT provide for Anglo/Spanish Co-ordinators.

• Unlike the 1987 Agreement, the new agreement DOES NOT provide for Anglo/Spanish joint security controls in relation to the airport.

Therefore, none of the aspects of the 1987 Agreement, which were objectionable to Gibraltar, are present in this New Agreement.

8. It has been said that the agreement to allow Spanish commercial interests a shareholding interest in the airport services contractor, “Guarantees a Spanish involvement in the handling, in our terminal, of our security checks, baggage etc,” and that there will be a joint liaison committee involving the Spanish Government to deal with issues related to the running of our terminal.

• This is not true.

• The airport remains an MOD Airport under exclusive British Sovereignty and exclusive MOD/GOG jurisdiction and control;

• This is an agreement for the expanded use not for the joint use of the Airport;

• All aspects of the operation of the Gibraltar airport and terminal (and there is no other airport or terminal) will remain exclusively in MOD/Gibraltar Government control;

• The UK retains full and exclusive international responsibility for all aspects of Gibraltar Airport;

• All flight authorisations and other national competences in relation to the Airport will be exclusively exercised by MOD/GOG;

• The new Terminal will be built, owned and controlled by the Gibraltar Government. It will be operated, at a purely commercial level, on behalf of the Gibraltar Government by commercial contractors in which Spanish commercial interests may have a shareholding. This is as if there were presently a Spanish shareholder in Terminal Management Limited.

• This arrangement no more has political implications than the CEPSA petrol station, or than a Gibraltar Government owned company that manufactures furniture in Vietnam borrowing money from a Spanish Bank!

• There is no aspect of this Agreement that compromises or surrenders one inch or iota of Sovereignty, jurisdiction or control of anything

9. Referring to the commercial contract to manage the terminal, Mr Bossano said:

“I hope that no Government would go through a contractor when they’ve got a few months left on their mandate, and give them a 20 year contract.”

What Mr Bossano meant was “no Government except his”. His Government signed a contract for 20 years with just 6 days left of his mandate! During the last 12 months of his mandate, prior to the 1996 elections, Mr Bossano’s GSLP Government signed in excess of 36 Contracts relating to the provision of services to the Government. Of Course, none of them went out to tender. 9 of these contracts were within 3 months of the 1996 election. One of them, for the privatisation of the Ship Registry for twenty years, was signed by Mr Bossano’s Government just 6 days before the 1996 General election (which he lost). Mr Bossano is not well placed to lecture about such matters.

10. Mr Bossano approves of the interim arrangements (before the new terminal is built), which he says cannot be considered internal flights within Spain, as passengers have the choice of starting their journey in La Linea (by entering the terminal via the bus link from La Linea) or starting their journey in Gibraltar (by entering the terminal via the Gibraltar entrance).

• This choice will remain available to all passengers, whether they are in La Linea or in Gibraltar, after 2008 when the new terminal is built.

Any Gibraltar passenger who wishes to avoid receiving advance entry clearance into Spain in the terminal before he boards his flight, can if he or she wishes, cross into La Linea via the land border (submitting to Spanish entry clearance there instead) and then enter the air terminal via the La Linea entrance and thus avoid further Spanish entry clearance. Similarly passengers in Spain can cross the border into Gibraltar, submit to our entry clearance at the land frontier, and then enter the Terminal via the Gibraltar entrance.

11. Much has been made about the Spanish flag flying over the Instituto Cervantes.

• The agreement does not provide for the flying of the Spanish flag, nor has it been indicated that there is any wish to fly the Spanish flag. If such a request is received it will have to be considered by both the Government and the Development and Planning Commission. For its part, the Government is not exercised about this possibility.

12. Mr Bossano says that the Cervantes Institute (which is an organisation dedicated to the knowledge of the Spanish language and culture) is:

“A misguided attempt to increase Spanish influence, assist osmosis and to pave the way for future generations to be less identified with the UK, less pro-British, more identified with Spain and more pro-Spanish.”

• This statement is a veritable monument to Mr Bossano’s jingoism.

• Mr Bossano’s problem appears not to be that he mistrusts Spain. His problem appears to be that he mistrusts the majority of present Gibraltarians and future generations of Gibraltarians.

• In uttering these sentiments, Mr Bossano offends and insults the instinct, intelligence, maturity and democracy of Gibraltarians.

• Equally extraordinary are Mr Bossano’s statements that the agreements undermine “the defence of our national identity” or that they are capable of resulting in us becoming “a minority in our own homeland”. These are outlandish remarks.

• It is typical of Mr Bossano’s political style and philosophy to base his position on jingoistic scaremongering on the basis of manipulated fears and (in this case) invented concerns. In doing so, all he does is to jeopardise, safe progress and benefits for Gibraltar, for now and for future generations.

13. In relation to Spain’s acceptance of “350”, and mobile roaming, Mr Bossano says that this “shows that if we stand our ground we can get them to accept that they are in the wrong without making any concessions”. This is complete nonsense and an offront to peoples common sense.

• Spain has only accepted these things as part of a package of agreements (from some of which she benefits). She would never have agreed to lift the telephone restrictions in isolation.

• The reality is that:

- since 1982 no-one has been able to persuade Spain to lift the telephone restrictions.

- The UK Government refused to take any action.

- The EU Commission dismissed Gibtel’s complaints and refused to order Spain to lift the restrictions.

- Mr Bossano, for all his bravado, “stood his ground” and achieved nothing during the 8 years that he was Chief Minister.

14. In relation to telephone restrictions, Mr Bossano says:

“When they finally see the restrictive practices are not working they finish up removing them.”

This remark does not reflect the reality since the telephone restrictions have had a far reaching effect, namely:

- Great shortage of fixed line numbers.

- The need for Mobile redialling

- Gib mobiles do not work in Spain.

- Severe loss of revenue by Gibtelecom.

Accordingly, the suggestion that Spain is only lifting the restrictions now because she has finally seen that they are not working could not be further from the truth.

15. Cherry Picking

Mr Bossano says that a GSLP/Liberal Government would retain the good bits of the agreement and not implement the bad bits, namely, the parts with which he does not agree.

• This is wholly unrealistic and disreputable for Gibraltar.

• The agreements are a package. They must all be accepted in full, or all rejected in full. Gibraltar cannot cherry pick. Spain and the UK would not permit this.

• Accordingly, a future GSLP/Liberal Government would deprive Gibraltar of the huge benefit of these agreements, and of the advantageous and safe trilateral process that obtained this normality for us.

Conclusion

Gibraltar now knows that a future GSLP/Liberal Government would result in the loss of all the progress that we have made.

These are not agreements, as Mr Bossano has said, like the Brussels agreement that was “accepted by one Gibraltar Government and rejected by the next”.

These agreements have not been negotiated by UK and presented to us, like the 1984 Brussels Agreement.

These agreements have been negotiated and agreed by your Government, that has been carefully and successfully able to protect Gibraltar’s important interests, and to seek and obtain the most beneficial possible agreements for us.

If we ourselves reject them in the future, particularly if we think that we can cherry pick them, no-one will ever take or deal seriously with a Gibraltar Government again on the political front. This is the opposite of what we have been demanding for decades!

The agreements are good for Gibraltar, and not just because they sweep away the adverse consequences of four longstanding and serious problems, in a way that has absolutely no implications for Sovereignty, jurisdiction or control of our affairs. They are also good for Gibraltar, because of the manner of their achievement, in a trilateral process and in a way that holds out the possibility of even greater normality in our lives in the future.

It would therefore be sheer folly to jeopardise these agreements and deprive Gibraltar (including future generations) of their huge benefit for any reason – let alone sheer party political spite and opportunism based on total misrepresentation and distortion of what the agreements say and mean.

I understand that all change, even beneficial and safe change, is unsettling for some people. That is why I wish to leave no stone unturned in explaining the detail of these agreements to everyone in Gibraltar, even individually by email.

Even for those of you who may not be fully in agreement with every detail of each agreement, it is important not to lose sight of the overall picture – of the overall prize for Gibraltar:

• An open Gibraltar Airport, able to receive flights from everywhere, enjoy full EU and international aviation rights, yet under exclusive British Sovereignty and exclusive MOD/GOG jurisdiction and control!

• Acceptance of our “350” code. An end to telephone number shortages and normality in mobile telephony. Control of our own telephone numbering plan and its delinking from the Cadiz plan.

• Red and Green channels at the frontier. Two lanes into Gibraltar . Political commitment to maximise fluidity.

• An end to the threatening and dangerous pensions dispute.

Just 12 months ago these things seemed a distant hope. Now they are a reality the fruits of our reasonable but firm position, of our persistence, of our political maturity as a community, and of the efforts and sacrifices of previous generations of Gibraltarians.

Related Articles and Links:

Full text of the Joint Communique of the Ministerial Meeting of the Tripartite Forum of Dialogue on Gibraltar - 18 September 2006

Full Text of Statement on the Tripartite Dialogue Forum Cordoba Accord by the Leader of the Opposition Joe Bossano - What we disagree with and why| Broadcast on GBC (Gibraltar Broadcasting Corporation) Television - on 2nd October 2006

The Draft Despatch and Draft Gibraltar Constitution Order 2006

Read more Articles and News reports about the Tripartite Dialogue Forum