Tripartite Dialogue Forum Cordoba Accord • Ministerial Statement by Chief Minister Peter Caruana, made on GBC (Gibraltar Broadcasting Corporation) Television on 19th September 2006
I believe that all of these agreements are excellent for Gibraltar. Not one of them involves, as I promised they would not, any concessions at all on sovereignty or jurisdiction.
One of this Government’s policy successes that has given me great joy and satisfaction, because of its value and importance to Gibraltar, is the establishment of the new Trilateral Forum of dialogue (Tripartite Dialogue Forum), which successive Gibraltar Governments, have tried to establish.
For the first time Gibraltar has been in a position to represent and defend itself in dialogue about our affairs with our own separate and equal voice, and to ensure that agreements are only struck if we judge them to safeguard and promote our wishes, interests and aspirations.
No more bilateralism or done deals hatched behind our backs or over our heads by the UK and Spain. No more process of negotiation focused on our sovereignty, but instead a process of dialogue with an open agenda. And importantly, a process in which nothing can be agreed unless we agree to it.
I have always said that, as my first and overriding commitment, I would expend every ounce of my political energy and ability to defend and promote our rights and aspirations as a people, wherever, however and against whomever this were necessary. But I have also always said that, provided that that first and overriding commitment is met, I would also seek, through a process of reasonable and safe dialogue with Spain, to establish as much normality as possible to our lives here in Gibraltar, to the lives of people in the Campo and indeed to our relations with Spain. The Trilateral process of Dialogue, itself historic, has given us an equally historic opportunity to do just that.
I know that there are some people in Gibraltar who believe that Gibraltar is only really safe if we are at constant and day to day loggerheads and in a state of enmity with Spain. I do not believe that this is either true or in Gibraltar’s interests. Whilst it is certainly the easiest form of political leadership in Gibraltar, I believe it actually to be a dereliction of leadership.
Accordingly, I see my job as Chief Minister as being to promote and to defend our political rights and wishes and our sovereignty, but also, to enable Gibraltar to progress safely into a more normal future. I do not see my job simply as passing the burden of our problems to our children and grandchildren, without even trying to lighten their load as and when possible.
For 10 years I and my ministerial colleagues, in this and previous GSD (Gibraltar Social Democrats) Governments, have tried to demonstrate that it is possible and indeed desireable both to defend and uphold Gibraltar’s political rights and aspirations, and, at the same time to seek and obtain better relations with Spain (and indeed the UK) in the interests of Gibraltar, in the interests of establishing as much normality to our situation as possible, and indeed in the interests of our economy and our society, and that of our immediate neighbours.
Therefore, our first and overriding objective and obligation is to defend our right to decide our own future through our right to self-determination and to defend the sovereignty of our homeland. But it is, in my judgement, also greatly in Gibraltar’s interests to have the best possible relations with Spain, based on mutual respect and understanding. Through this Trilateral forum, and these agreements, we have shown that we can achieve both objectives.
And so, to the agreements themselves.
The Trilateral discussions were not about Sovereignty and the parties agreed that agreements should not affect sovereignty. The agreements reflect that, are struck on that basis, and therefore do not affect Gibraltar’s sovereignty or jurisdiction rights.
Telephones
For many years Spain has placed unjustified restrictions on our telecommunication rights, through her refusal to recognise the international direct dial code issued by the International Telecommunications Union to Gibraltar, namely “350â€.
This has meant that callers from Spain have not been able to dial up Gibraltar via 350. Instead, following the agreement in 1982, they dial up Gibraltar using the Cadiz provincial code and adding a “7†in front of the Gibraltar telephone number, to make it look like a La Linea number.
In addition Spain has refused to allow Spanish mobile phone companies to enter into roaming agreements with Gibraltar mobile companies that would allow our mobile phones to work in Spain.
The net practical effects of these things has been a shortage of telephone numbers in Gibraltar, which has meant that fixed line users, especially businesses, have not been able to get enough lines to use modern, sophisticated telecommunication systems. It has also meant the use of unfriendly “redialling†for Gibtelecom mobile phone customers.
As part of these agreements Spain unilaterally accepts to lift these restrictions and to accept the use of our “350†IDD code and other mobile telephony codes and to allow mobile roaming agreements with Gibraltar operations. These arrangements will become operational within four months.
This, at long last, enables Gibraltar to de-link our telephone numbering plan from the Cadiz Numbering plan and thus to obtain full control over it and access to unlimited numbers. In addition, our mobile phones will work in Spain, and Gibtelecom can end the redialling system.
Frontier Fluidity
In these agreements Spain recognises the importance of free movement of people, vehicles and goods across the frontier and she undertakes to devote additional measures and resources to further improve it.
Spain also specifically agrees to establish the red and green channel system in both directions and also to establish two-lane traffic into Gibraltar. Both these measures will be in place by the end of this year.
These, and future measures, should enhance the fluidity at the frontier for the millions of Gibraltarians, Spanish and other nationalities who cross it regularly for work, business or leisure purposes.
Of course, as the agreement acknowledges, Gibraltar is outside the Schengen free movement area and outside the EC Customs area, so Spain is entitled, indeed required by EU rules to exercise controls. But these more normal operating systems will maximise fluidity, and the agreements amount to a political commitment by Spain to keep as much fluidity as is practically possible.
Acceptance of “350†and roaming in relation to telephones and the establishment of the red and green channel system represents the lifting of restrictions, which Gibraltar has long sought, and which will restore normality in those areas.
Within the context of the overall package, these are unilateral acts by Spain, which will bring substantial benefits to Gibraltar, as well as a successful and satisfactory end to the political dispute about them.
Instituto Cervantes
The agreement also envisages that Spain will set up in Gibraltar a branch of the Instituto Instituto Cervantes. The Instituto Cervantes is a cultural organisation dedicated to increasing knowledge of the Spanish language and culture abroad. It has branches all over the world, including various cities in the UK. Increasing our knowledge of the Spanish language and culture is a good thing and poses no political threat to anyone.
The Pensions issue
Pre-1969 Spanish workers in Gibraltar have been big beneficiaries of EU Rules about pensions.
Given the history of this matter, Gibraltar has always been clear that, if Spanish pensions were to be uprated, they should not be paid by Gibraltar. But the issue nevertheless has a big and adverse impact on cross border relations, and is, in addition, the subject of an EU Commission legal challenge. It is therefore greatly in Gibraltar’s interests that it has been resolved.
The British Government, who already pay the frozen pensions of these persons, will offer Pre-1969 Spanish pensioners a lump sum as a financial inducement to withdraw from and leave the Gibraltar Pension Scheme altogether, and to give up any further claims in relation thereto.
Those who accept the offer and leave the Gibraltar pension scheme will receive ongoing payments directly from the UK, outside the Gibraltar Pension Scheme. These payments which will equate to the amount of their current Gibraltar pension, will be uprated to 2007 levels with effect from April 2007 and will be index linked thereafter.
Those pre-1969 Spanish pensioners who do not accept the UK’s offer will remain in the Gibraltar Scheme, receiving their Gibraltar pension. But they will not receive the lump sum.
The resolution of the Spanish pensions issue now allows the Gibraltar Government to unfreeze and uprate the Gibraltar Pensions, and it is therefore our intention to uprate Gibraltar pensions payable to all Gibraltar pensioners from the current 1988 rates to 2007 rates with effect from April 2007.
Shortly, the Government will make a statement announcing this very substantial percentage increase in the rates of Gibraltar pensions.
The UK will pay for the increased cost of the uprated pensions of any pre-1969 Spanish workers who choose not to accept the UK’s offer to leave the Gibraltar pension scheme, and therefore remain Gibraltar pensioners.
This unfreezing and revalorisation of Gibraltar pensions will of course benefit all Gibraltar pensioners including all those resident here. But it will also enable us to discharge a moral debt that we owe to those post-1969 pensioners of all nationalities, including hundreds of Moroccans who, despite having paid full pension contributions, have during all these years received pensions frozen at 1988 rates, and have not been eligible for Community Care because they live outside Gibraltar. They will, in future, receive uprated pensions which can increase annually.
The Airport
The Airport agreement stipulates that it is an agreement for the enhanced use of the Airport, not its joint use. It is a new agreement which ends and replaces the 1987 Airport Agreement.
The airport remains an MoD (Ministry of Defence) airport and the agreement states and acknowledges that it remains under exclusive British Sovereignty and in the exclusive jurisdiction and control of the British/Gibraltar authorities.
The agreement further states and acknowledges that the UK retains sole international responsibility for Gibraltar Airport.
The Airport will be able to operate in accordance with all EU and international requirements, procedures and practices relating to Civil Aviation. Gibraltar Airport’s suspension from all existing EU Aviation measures will be sought by UK and Spain within 6 months. As from yesterday Spain will not seek the suspension of Gibraltar Airport from any new EU Aviation measures in the future.
All Spanish Air space restrictions against Gibraltar Airport will be removed. This will be definitively done when we have complied with our part of the bargain, but, in the meantime all such restrictions are suspended and thus removed in practice with effect from yesterday.
This means that Gibraltar flights diverted to a Spanish Airport can now fly on directly to Gibraltar and that all airspace restrictions are removed, thus allowing new final approach paths to Gibraltar to be adopted, including the straight-in approach, avoiding the sharp banking in the Bay.
The Gibraltar Airport will be able to operate normally, and accept flights to and from any other country, including Spain, with effect from December this year.
All of these changes in effect normalise Gibraltar Airport under British Sovereignty and within our jurisdiction and control, even though Spain maintains and has protected her well known Sovereignty Claim. Gibraltar becomes just like any other EU Airport.
So what has been our contribution to make this hugely beneficial agreement possible?
Whatever we may think of Spain’s position it is simply not realistic to think that Spain can be persuaded to simply abandon her position in return for nothing at all. We may think that we are entitled to precisely that, but this is not realistic in the real world. Nevertheless, I said that we would not make sovereignty jurisdiction or control concessions, and we have not done so.
The Gibraltar Government will build a new, larger single terminal in Gibraltar. This new Gibraltar Airport terminal will handle all airport, passenger and flight services, including all aircraft services, passenger check-in, baggage handling and security. Accordingly, all aspects of airport operations remain in Gibraltar and under the jurisdiction and control of the MoD and/or Gibraltar Government.
This new terminal will be physically linked to the frontier in order to enable passengers and their baggage direct access to and from the terminal and the Spanish side of the border. The direct link to the border is with the “airside†of the terminal. Accordingly, passengers flying to or from a Spanish Airport and entering or leaving the terminal via the direct link to Spain, will be treated as “in transit†and therefore (provided they remain “airside†and do not pass through Gibraltar Customs and immigration control points) will not under normal circumstances be subjected to Gibraltar customs and immigration controls.
However, this practical measure does not represent any surrender of jurisdictional right because the agreement clearly states that it is by way of an administrative concession by the Gibraltar Government, thus recognising our jurisdictional rights, and also makes it clear that the Gibraltar Government retains the right to exercise such controls on grounds of security or in any other exceptional or unusual circumstances that render such controls necessary or desireable.
In short, passengers going directly to and from Spain, via the direct link between the Terminal and Spain, and who do not pass Gibraltar customs and immigration control points, will not be subjected, in normal circumstances, to such controls. But this is an administrative concession by the Gibraltar Government which retains the right to exercise such controls. Since these arrangements cannot operate as envisaged until the new terminal is built, they will, in the meantime, be carried out by bus from a point in La Linea.
In addition, flights to and from Gibraltar and a Spanish Airport will be granted Schengen entry and exit clearance in Gibraltar. This is so that passengers originating in La Linea or ending up in La Linea via the direct access link will not have to be passport controlled at any stage of the flight. This Schengen clearance will be carried out by Spanish officials located on the Spanish side of the frontier. The architecture and design of the terminal will allow this to happen with the passenger remaining in the terminal on the Gibraltar side of the frontier. No Spanish official of any kind will be on the Gibraltar side of the border. Accordingly, this aspect of the agreement also does not raise any issue of sovereignty, jurisdiction or control.
Seville Air Traffic Control will continue to handle Gibraltar bound air traffic until it is handed to Gibraltar Air Traffic Control. There is no change in this respect. Gibraltar and Seville Air Traffic Controls and aeronautical officials will continue to meet as necessary to co-ordinate air traffic control issues and procedures. Air traffic control at Gibraltar Airport remains an exclusively British (MoD) responsibility.
Subject to EU Directives, the Gibraltar Government will grant a contractual concession to operate the terminal on its behalf and on a commercial basis to a joint venture company owned by Gibraltar and Spanish commercial interests. This arrangement will be entirely commercial in nature and will have no political implications. The Company will operate on contract to the Gibraltar Government and the terminal remains under the full jurisdiction and laws of Gibraltar and the jurisdiction of the Gibraltar Government.
Problems and issues relating to the working of the agreed arrangements will be considered by a new Permanent Joint Liaison Committee comprised of the representatives of Gibraltar, UK and Spain. But this is a liaison committee only to review issues relating to the working of the agreement. It will have no control, role or say in the actual running of the airport. All flight authorisations and slot management will be done by the Gibraltar aeronautical authorities.
The Gibraltar Government will, in accordance with applicable EU directives, decide on the number of flights that the airport can receive. Given the environmental and other issues that exist, this will be strictly controlled in compliance with all applicable EU Directives. The Airport will thus not become a “free for all†in terms of the number of flights.
Even with the current level of use, the disruption to vehicular traffic while aircraft land and take off has been intense at certain times of the day. In order to put an end to this once and for all, particularly in the context of an increased number of flights following this agreement, the Gibraltar Government will also build a tunnel under the Eastern end of the runway, together with new and enhanced access roads to the airport, the frontier and the North Front areas.
The negotiation of these agreements has been protracted and tough, but they are excellent economically, socially and politically for Gibraltar. They also greatly benefit the Campo. They allow much greater normality that will benefit businesses and people alike on both sides of the frontier, and also tourists. They are historic agreements and resolve various historical problems, previously thought to be insoluble, for the benefit of citizens on both sides, without a political price tag and without adverse political implications.
Politically they signal the real possibility of a very different sort of less hostile, more positive and normal relationship with Spain.
The treatment afforded to me and to the rest of the Gibraltar delegation and thus to Gibraltar throughout this process and in Cordoba by Snr Moratinos (Miguel Angel Moratinos, the Spanish Minister for Foreign Affairs) and the other members of the Spanish delegation could not have been more friendly and respectful.
When in 2004, and later, Sr Moratinos and others said that they wanted to signal a different sort of relationship with Gibraltar, we all rightly said that we would judge Spain by her actions and not by her words. Spain’s contribution to these agreements represent, in my view, a huge down payment in that regard. I welcome and applaud Spain’s contributions to these agreement, as I hope she does ours.
These agreements are a package and their implementation is therefore interlinked. They are politically and morally binding on the three parties and they are irreversible in practice. There is no scope for a future government in Spain with different views, to unwind any of them. The same applies to Gibraltar.
Does the signing of these agreements, or the existence of the trilateral forum mean an end to all our problems with Spain, or that Spain will not in the future say and do things that upset us? Of course not. Spain has not renounced her Sovereignty claim, nor her objective of recovering sovereignty, and she will continue to say and do things that she feels are necessary to uphold her position. But just in the same way, we have not renounced our determination to defend the sovereignty of our homeland and our right to decide the future of Gibraltar through our right to self determination. And we too will continue to say and do things to uphold our position, not least our forthcoming referendum, an act of self-determination, in relation to the new Constitution.
These agreements, together with our new Constitution, will represent real progress for Gibraltar on the twin tracks of Constitutional advancement and self-determination, and more normal relations with Spain through the solution of these major and longstanding issues.
During the last 11 years or so, I have dedicated my life to safeguarding and promoting the interests of Gibraltar and to ensuring that Gibraltar progresses socially, economically and politically. We have come a very long way in the process. I have no doubt whatsoever that these agreements are excellent for Gibraltar and entirely safe politically. I therefore unreservedly commend them to you.
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