Gibraltar's Gay age of consent and California ruling on gay marriage on Proposition 8

As you may have read in Gibraltar's local media, a Bill to equalise the age of consent for homosexuals and heterosexuals, by setting this at 16, the age that already applies for heterosexuals and lesbians, was heard in the Gibraltar Parliament recently.

Daniel Feetham, the Minister for Justice, took the unusual step of bringing a motion asking for leave to introduce a Private Members’ Bill for an Act to amend the Criminal Offences Act.

There is overwhelming international legal and local constitutional pressure to implement equalisation although the issue is untested in the local courts.

The Equality Rights Group GGR welcomed the Bill:

"After nine years of GGR raising the public debate on sexual minorities in Gibraltar, we are pleased to see that Parliament has finally considered the question of age of consent inequality currently in force."

I was pleased to see the Bill has been passed to proceed to a formal reading of a Bill in Parliament.

As GGR Chairman Felix Alvarez recently said:

"Whilst Government has failed to introduce the debate as a public Bill on what, after all, is a public issue and instead, preferred to rely on one of its own members in a purely private capacity, it has, nonetheless passed the motion to proceed on the formal reading of a Bill to equalise the legislation. This, in effect, falls short of Government’s legal requirement to comply with what is unarguably an international law obligation and not, as they have argued, a mere question of ‘conscience'."

As Brian Reyes concluded when referring to a recent 'Child Porn' case, "Time for the legislators to get moving on this…swiftly, methinks", there's much to be done to bring legislation in these and other matters concerning human rights and anti-discrimination in Gibraltar, to international and European law standards!

Gay age of consent: Is 16 too young?

Back in March this year, Peter Caruana, Gibraltar's Chief Minister indicated that the Government was likely to be obliged to make the age of consent the same for heterosexuals and gays, although he expressed his own moral disagreement with this, saying that "young people have enough pressure on them at that stage of life". He did however concede that the 'leveling' is likely to happen. The 'great unspoken', as the Chronicle recently described this, is that it is expected that Peter Caruana, a devout Catholic who nonetheless backed the original decriminalisation of gay sex, may refrain from backing the substantive bill, which includes this issue of 'age of consent' when it goes before Parliament.

There's no question that this is a difficult moral issue and it's no surprise that emotions have been running high in Gibraltar over the issue of age of consent... and not just for gay males!

The Gibraltar Women’s Association have been arguing that the age of consent for sex should be 18 for men and women.

Back in January this year, responding to correspondence in the Gibraltar Chronicle the GWA were critical of the GGR lobbying of the Council of Europe. In a statement the GWA said they "wholeheartedly" agreed with a letter to the newspaper from Andrew Mifsud (10th January 2008 in the Gibraltar Chronicle).

"Mr Mifsud may be ‘bewildered’ but we are absolutely ‘flabbergasted’.

The Gibraltar Women’s Association is not a minority group as is the GGR and Mr Alvarez has no right to fight for rights which the majority of women in Gibraltar (including lesbians) have not asked for or want.

If a heterosexual couple consent to buggery it is their own decision and nobody needs to know!"

The GWA added that the fact that this is illegal "protects women who do not consent to anal sex"! Hmmm... Well, I'm no lawyer, but I would have thought, surely that issue is adequately covered in rape and sexual abuse laws in Gibraltar... and bears very little on the question of age of consent for gays?

Referring to Mr Alvarez the GWA further stated that "in any case, it is already legal between consenting males over the age of 18 so we fail to see what his problem is and why he feels the need to involve the Council of Europe in this matter".

I would respectfully suggest to the ladies of the GWA, that Mr Alvarez's 'problem' is probably not far removed from the same concerns on Mr Feetham's mind. In a recent interview with Paco Oliva, Daniel Feetham, Gibraltar's Minister for Justice, was asked, "why couldn’t you have raised the age of consent to 18"?

This question for me is the critical question in this entire debate.

I believe that when people who support the principle of equalisation come to consider the consequences they will rapidly come to the conclusion that it would be very much harder to obtain a social consensus to increase the age of consent to 18. For a start it would also take Gibraltar in the opposite direction of travel to the rest of Europe in respect of these matters. Strongly Catholic countries have equal ages of consent below 16. That includes Spain at 13, Italy at 14, France at 15 and Portugal at 16. Of the Council of Europe members only Turkey, the Ukraine and with some exceptions Malta have ages of consent set at 18.

But consider the practical and legal difficulties. The age of consent for heterosexual and lesbians has been 16 since at least 1888 when an Ordinance was passed to protect “women and girls” and the legal age at which people can get married in Gibraltar has been 16 for decades. Lets be clear about it, the main motivating factor behind an increase of the age of consent to 18 would be in order to avoid lowering the age of consent for homosexual intercourse. Is that right? Consider, for example, the position of a 17-year old in a steady relationship who now found that his or her ability to have heterosexual intercourse had been curtailed in order to prevent the lowering of the age of homosexual intercourse.

It would also be necessary to raise the age at which people can get legally married. Consider also the bizarre situation that would arise if a 16 or 17 year old married girl were faced with the situation that the age of consent is raised to 18 or the case of young married couple (possibly a serviceman married to a 17 year old girl) coming to Gibraltar from Great Britain where the age of consent is 16. What should we do? Require them to refrain from having sexual intercourse whilst in Gibraltar, or would there be a two-tier system of a different sort whereby they would be exempt from prosecution whilst locals would be liable to prosecution for having sexual intercourse! Do we carve out exceptions for people who are married? What about those who are not married whose relationships are being interfered with retrospectively?

In all these cases people could complain that, under Article 8 of the Convention, their private life had been interfered with, and that raising the age of consent was neither proportionate nor necessary for the protection of their health or morals."

It is quite clear, despite the somewhat over alarmist worries expressed, with good intent I'm sure, by the GWA, that the equalisation of age of consent is the right thing to do.... and the sooner Mr Feetham's motion is passed to law, the better.

Age of Consent - Facebook Group

A Facebook Group has been set up in the hope of obtaining the views of young people in Gibraltar. This is what it asks:

The Women's Association of Gibraltar is asking for the age of sexual consent to be increased from 16 to 18. This means anyone under 18 who has sex will come under the criminal law.

Do you agree? Will this criminalise a lot of young people? Will it lead to increasing shame and a greater generational gap between children and parents?

The Gibraltar Chronicle has carried a lot of criticism of people who want the age of consent between gays and straights equalised. The only voice that is missing is that of the young people themselves. So - should young Gibraltarians make their thoughts heard in the media?

You can visit the Facebook Group here: Age of Consent - Gibraltar

Proposition 8 - Restrictions On Same Sex Marriage

From one Chronicle to another... tonight, the San Francisco Chronicle is reporting the state Supreme Court ruling today, that California voters legally outlawed same-sex marriage when they approved the Proposition 8 amendment in November, but the constitutional amendment did not dissolve the union of 18,000 gay and lesbian couples who wed before the measure took effect.

The 6-1 decision was issued by the same court that declared a year ago that a state law defining marriage as the union of a man and a woman violated the right to choose one's spouse and discriminated on the basis of sexual orientation.

Prop. 8 undid that ruling. The author of last year's 4-3 decision, Chief Justice Ronald George, said today that the voters were within their rights to approve a constitutional amendment redefining marriage to include only male-female couples.

I'm sad to hear this. I agree with Ellen DeGeneres the twelve-time Emmy Award-winning American stand-up comedienne, television hostess and Hollywood actress, who has strongly campaigned against the Proposition 8 amendment ever since it was proposed. She was "saddened" by the passing of the original ban on same-sex marriage in California.

The talk show host, who is married to Hollywood actress Portia Rossi, recently said that by electing Obama America has taken a giant step forward toward equality but with the Proposition 8 amendment "took a giant step" backwards. She recently quoted Keith Olbermann on msnbc.com, who she thought was "very eloquent and brilliant when he said:

"To me this vote is horrible. Horrible. Because this isn't about yelling, and this isn't about politics. This is about the human heart, and if that sounds corny, so be it."

Ellen added:

"What he said is all that needs to be said. It really is just about following your heart and people paying attention to what the right thing is!

This (the movement) needs for people to not be ignorant. It needs for people to open their minds and understand that it (same sex marriage) is a fundamental right: people need to be allowed to love who they want to love and marry who they want to marry. I don't know what it's going to take, but I have faith that people will realize that this is wrong."

Today's ruling... is a sad indictment on that hope.. and of love and people's humanity. It's about the right to love who you want and to marry whoever you happen to love!

At least, the the ruling does not affect the 18,000 who did manage to get married, before this amendment came into effect!

In concluding this blog post... just for the record... (and in no way apologetically) I will add that I am not gay! I'm just a simple male heterosexual who cares for and loves his fellow man... male, female, gay, lesbian or whatever they happen to choose as their sexual preference!

Spain cannot have it both ways on tax transparency agreements say PDP

Spain "cannot have it both ways" says Gibraltar's Progressive Democratic Party.

In a statement today, which reflect my views on this issue completely (not the first time I agree entirely with the PDP I will add), the PDP say Spain "cannot constantly prosecute an unjustifiable campaign aimed at tarnishing our (Gibraltar's) finance centre for not co-operating and then when Gibraltar signs an exchange of information agreement with the United States make a diplomatic protest to the US".

The PDP statement follows reports of a complaint by the Spanish Foreign Ministry to the United States over an agreement for the exchange of tax information which the US signed with Gibraltar at the G20 Summit, at the end of March.

The PDP statement today argues that the agreement with the US "followed the same format as those with the Channel Islands", and added:

"It is absolutely right that the Government should have signed the Agreement directly and without any presence of the United Kingdom chaperoning proceedings."

In their statement today, Keith Azopardi, the PDP leader explains that Gibraltar "is fiscally sovereign and has the power to enter into these Agreements".

"Indeed, the PDP would have objected if the UK had signed such an Agreement on Gibraltar’s behalf because it would have amounted to a clear erosion of our constitutional competences."

Mr Azopardi, who served as Deputy Chief Minister of Gibraltar and Minister for Trade and Industry until 2003, in the incumbent GSD (Gibraltar Social Democrats) Government, said this was "precisely the condition" that he mentioned to the US when they first raised the possibility of signing such an Agreement during his tenure as Minister responsible for Financial Services.

Mr Azopardi is urging the Government to now "move ahead and sign up to further Agreements "so that Gibraltar’s finance centre can be placed on the OECD (Organisation for Economic Co-operation and Development) 'white-list' and taken off the so-called ‘grey’ list, a list of offshore 'jurisdictions that have committed to internationally agreed tax standards' but that have not yet substantially implemented these agreements.

Concluding the PDP statement, Mr Azopardi says the Government "has wasted the last five years" and that it should now "accept realities":

"The Government has wasted the last five years when it was obvious to all as far back as 2003 that the global environment was changing and that it would be necessary to sign up to these Agreements.

The Channel Islands started to do so in 2002 and we have lost ground in this area because of the Government’s reluctance to accept realities.

While the PDP support the signing of this Agreement it is clearly insufficient and the Government now needs to move far more quickly to catch up with our competitors!"

Amen to that Keith... Well said!

Spain's protests over US - Gibraltar tax agreement is laughable

Oh what a surprise... as once again Spain complains about Gibraltar... and this time, it really is quite laughable!

Spain's ABC daily is reporting today that the Spanish Foreign Ministry has made a formal complaint to the United States over an agreement for the exchange of tax information which the US signed with Gibraltar on 31st March.

ABC reports that the protest does not object to the agreement itself, which is considered to be positive (oh that's very good of them), but to the fact that it was signed before the Gibraltar and United States flags, as if, the paper says, "Gibraltar were independent". The British flag was not present at the signing!! Yikes!!

ABC says Luis Felipe Fernández de la Peña, the Foreign Ministry’s general director for Europe and North America, called both the US Embassy’s chief of business affairs, Arnold Chacón, and the UK Ambassador, Denise Holt, to the Foreign Ministry to pass on Spain’s objections. (Rhubarb... don't make me laugh!!)

According to ABC, London is said to have stated that delegations from the UK and Washington took part in the signing, and that normal UK protocol was followed. Spain is understood to be studying if the delegation referred to by the UK authorities is legally valid, ABC said.

The agreement signed in London by Gibraltar’s Chief Minister, Peter Caruana, and the US Treasury Secretary, Tim Geithner, is the first of a series of Tax Information Exchange Agreements which Gibraltar has committed to enter into this year.

This particular agreement was signed just days before the OECD (Organisation for Economic Co-operation and Development) published its report on progress by world financial centres towards implementing an internationally agreed standard on exchange of tax information. Gibraltar appears on the so-called ‘grey’ list, a list of offshore 'jurisdictions that have committed to internationally agreed tax standards' but that have not yet substantially implemented these agreements.

Sheesh... Gibraltar cannot win! Spanish politicians are forever complaining about Gibraltar being a 'fiscal paradise', constantly banging on with allegations (untrue) about money laundering and that we haven't signed any international agreements on tax transparency... then when Gibraltar does sign an agreement, Spain complains about it!

Mind you, to question the possible legalities of the delegation, I find is truly laughable and just shows how they clutch at straws to have a go at Gibraltar!

D'uh!! It was an agreement between Gibraltar and the USA... NOT between the UK and the USA... so it's hardly surprising that the flags present at the time were those of the USA AND Gibraltar... and NOT the UK's!!

If Spain's behaviour and constant whingeing and complaining wasn't so irritating (if not stupid as in this instance) it would be laughable. This particular one is like watching a Monty Python sketch for Christ sakes!!

Maybe they'd like to explain why they continue to refuse to enter into a tax transparency agreement with Gibraltar... (as Gibraltar has officially offered to do on at least two ocassions now). Might it have anything to do with the reasons I give in my post last week??

Damn risible hypocrites! Baaah! I wonder how long it will be, before we hear from Blanca Luz... climbing on this latest bandwagon??

"So please your Majesty, to singe the King of Spain's beard; it has grown somewhat too long."

Want another laugh?

If you would like to have another laugh you might want to have a look at the comments left by some Slop radicals on the ABC report.

One of them... manu-ao says:

"Muy bien y encima les hacemos un aeropuerto para que se muevan con mas holgura, aeropuerto que solo usan los ingleses y llanitos porque a iberia le resulta costoso por los pocos pasjeros que lo utilizaban.Entre tanto la princesa Ana paseandose tan chula por gibraltar , Obama con su amigo Zapatero,y los españoles presenciando un espectaculo lamentable."

For those non-hispanic speakers reading this, basically this guy is making some ridiculous complaint about Gibraltar's ingratitude, especially after "THEY... built us our airport"!!! Ha ha!!

I haven't got the heart to answer and correct him. Actually... to be honest, I just cannot be bothered... but it just goes to show how pathetically ill informed and twisted these radical slops are!

There are many other idiotic and ill informed remarks there too... including another one who is not aware that the actual date when Gibraltar was given away by Spain, "in perpetuity" in the, now anachronistic, Treaty of Utrecht was in 1713. This guy is convinced it was in 1710 and had something to do with Catalunya!

If anyone doesn't know and wishes to be informed about the history of Gibraltar Airport... have a look here: Gibraltar Airport @ Wikipedia, the free encyclopedia.

Gibraltar reiterates tax transparency agreement offer with Spain

The Gibraltar Government yesterday issued a statement reiterating that it has offered Spain an agreement providing for exchange of information, transparency and co-operation in tax matters in the fight against money laundering and regulation of the financial system.

The Government statement reiterated that the offer to share tax information with Spain "is not new".

A spokesperson for the Chief Minister's Office at No 6 added that it was also not "difficult to reach such an agreement at this time", a statement in response to comments made earlier last week by Spanish PSOE MP, Salvador de la Encina. The Government spokesperson added that Sr de la Encina's comments were "erroneous".

Last week, Salvador de la Encina, a PSOE MP for Cadiz had declared that "it is not Spain but the OECD (Organisation for Economic Co-operation and Development) and other international bodies", who describe Gibraltar as a 'fiscal paradise' and includes it in its 'grey list'.

The OECD 'grey list' is a list of countries, 'jurisdictions that have committed to internationally agreed tax standards' but that have not yet substantially implemented these agreements.

Speaking to the Campo press, Sr de la Encina was responding to Gibraltar Chief Minister Peter Caruana’s recent appearance before the Foro de Cadiz, stating that Spain would be delighted if Gibraltar were to be removed from such a list.

Mr Caruana said that "if from now on there is a willingness to operate with total transparency toward the Spanish Treasury in financial and fiscal matters, and Gibraltar is able to be removed from the list, that would be extremely positive".

"Spain would be delighted with that, but Gibraltar has to convince these international organisations."

Mr Caruana reiterated his offer to Spain of "total (fiscal) transparency", through an agreement for the exchange of tax information, during a conference he gave at the Foro de Cadiz this week, in an attempt to encourage Madrid to cease to consider Gibraltar a tax haven.

However Sr de la Encina declared that the Gibraltar Government should back these statements by implementing effective measures aimed at achieving greater transparency to be removed from the grey list and cease to be considered a tax haven.

The Gibraltar Government statement yesterday added that Sr de la Encina "appears not to be aware" that this was offered by Gibraltar in the run-up to the July 2008 Ministerial meeting of the Trilateral Forum in London. The offer was also included and agreed to, in the Joint Communiqué of that meeting issued by the Foreign Ministers of the UK and Spain, and Gibraltar's Chief Minister. Accordingly, the Governmnt statement added, neither the UK, nor Spain or Gibraltar "considers it difficult at this time".

The Government also said that Sr de la Encina’s statement, commenting on who is responsible for securing the removal of Gibraltar from the list of tax haven, was "also erroneous".

"Contrary to his statement, Gibraltar has not asked Spain to remove Gibraltar from any international list.

Gibraltar has offered Spain an agreement so that Spain is able to stop considering Gibraltar to be a tax haven under Spain’s own national legislation, which stipulates a clear and specific criteria for the removal of countries and territories from its own list of tax havens."

The Gibraltar Government statement concluded:

"No one in Gibraltar or elsewhere will understand any reluctance on the part of anyone in Spain to enter into an agreement of this type which delivers what Spain has criticised and demanded of Gibraltar over so many years."

As I've said before... it's a mystery to me too... but... no doubt they (Spanish politicians) will continue... ad nauseaum... to bang on about it for ever!

The question is... why does Spain continue to avoid the issue and continues to refuse to enter into a tax transparency agreement with Gibraltar?

One answer might be because it would obviously immediately take away a favourite stick of theirs. A cosh that many of their politicians, such as 'Blanca Luz'... or indeed many of their ill informed citizens... jumped up 'n'er do wells' such as 'Don Quixote de Marichalar' for instance, constantly enjoy bashing Gibraltar with at every and any opportunity!

Of course... then there's another possibility... one more Machiavellian reason why they do not want to enter into a tax transparent agreement with Gibraltar. Could it be... that they worry about what might show up... from their own inner circles? Could it be... that they don't want to kill their very own goose that's laying so many golden eggs for so many of them??

Brown's sleight of hand on Gibraltar OECD listing and 'tax havens'

Over the weekend, my friend Sancho, who as regular readers here may know, blogs over at Tilting at Windmills had a pop at Gibraltar's offshore status... which I must admit took me aback a little.

I say 'my friend' Sancho loosely, as we've never met... indeed we've never even spoken or had a conversation online... not even an exchange of emails... but I hope you and Sancho will pardon me if I describe him as 'my friend' because despite that, this is how I like to think of him, as a fellow blogger and friend. I hope it's mutual... but I have no idea.

The fact is that I enjoy reading Sancho's blog and by and large... enjoy his views and share his traditional British values of what is often termed these days as 'middle England'... something which curiously, is actually not that unusual to find on Spain's Costa del Sol where Sancho lives and blogs from!

Anyhow... the fact is that our communications have alway been 'one way traffic' with me commenting regularly on his blog posts... and sending him the occasional email 'chivving' him (as happened this weekend) when he's a little slow in approving blog post comments (me thinking he's decided not to post them). To his credit... he's always approved my comments (they've never been particularly controversial or conflictive). But... he has never acknowledged any of my emails or replied to either them or my blog comments... and that's fair enough. I have no problem with that... I'm just mentioning this as background... in order to explain this, somewhat curious (perhaps) relationship.

Anyway... getting back to Sancho's pop at Gibraltar over the weekend, I was a little surprised... as he is not one of those who constantly find one or other reason to harangue Gibraltar. My impression is that he just enjoys making observations at a distance and I have to say they are usually quite well informed, balanced and dare I say... even sympathetic.

Which is why I was a little taken aback when Sancho wrote "Gibraltar signed an accord to meet the OECD’s standards in 2002 then sat on its hands for seven years and did nothing."

Sancho's blog post was spurred by a letter sent recently by UK Prime Minister Gordon Brown, to all the British Overseas Territories and UK’s Crown Dependencies who operate offshore finance centres or so called 'tax havens', which are included in the OECD (Organisation for Economic Co-operation and Development) list of 'jurisdictions that have committed to internationally agreed tax standards' but that have not yet substantially implemented these agreements. The list includes Gibraltar, along with six other UK overseas territories, Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos. This OECD list also includes the UK crown dependencies of Jersey, Guernsey, and the Isle of Man who, whilst listed, have been accepted as having already 'substantially implemented the internationally agreed tax standards'... unlike Gibraltar and the other British Overseas Territories.

Gordon Brown's letter, which followed the G20 Summit, 'warned' these jurisdictions to "meet international transparency standards within six months or face sanctions".

In his blog post, Sancho wrote:

"The facts are these: Gibraltar signed an accord to meet the OECD’s standards in 2002 then sat on its hands for seven years and did nothing. Ahead of the G20 meeting it hurriedly signed a tax agreement with the USA but has seen itself demoted down the OECD’s list of “Good Guys”. Under the threat of sanctions the British Government has now given the Rock till November to get its house in order."

Sancho also questioned Gibraltar Chief Minister, Peter Caruana's confidence that he would meet Brown's timetable saying it would be "a miracle – 13 agreements in seven months after seven years of doing nothing", and concluded:

"So it still begs the questions why did Gibraltar sign the agreement in 2002 then do nothing when it could have acted and been the pace-setter amongst off-shore tax havens?

Why has it given the strong critics of tax havens a sitting target – because even if it now complies it will be the threat of sanctions that is held up as the reason – when it could have been"

Hmmm... whilst it wrankles me to hear it... I DO have to admit that Sancho has a point... in as much as I too share a discomfort in the way it seems that Gibraltar keeps giving its detractors the opportunity to have a pop at us... BUT... there ARE mitigating circumstances, as I explained to Sancho and his readers in my comment on his blog post on Sunday:

Good day Sancho...

I have to say I find your insistence on singling out Gibraltar, castigating it in the manner you do, accusing Gibraltar of "sitting on its hands" on the issue of tax transparency and bilateral agreements... a little (if not very) unfair and rather unbalanced.

Excepting the Isle of Mann and the Channel Islands, who do not depend wholly on themselves for funding their economies, Gibraltar, has done as much if not more than many other jurisdictions, in making sure they adhere to international standards as best it can, within the framework of the OECD and in the context of very competitive markets of offshore tax jurisdictions.

Gibraltar does not have a manufacturing base or the ability to earn revenue externally from agriculture or other means of production and exporting. It therefore has to rely for its income largely from two sources, tourism and the offshore financial centre.

Gibraltar is also not able to rely on other funding (nor does it wish to) from any outside sources, such as the UK as the Isle of Mann and the other Channel Islands jurisdictions in Jersey or Guernsey can do.

It is therefore hardly surprising that Gibraltar has not run around signing up to bilateral agreements with others thereby putting itself in a less attractive position... when compared to other jurisdictions, that also have not adhered to the OECD list (of 'jurisdictions that have committed to the internationally agreed tax standards' but that have not yet substantially implemented these agreements)... and not signed up to tax transparency agreements... countries such as Austria, Belgium, Luxembourg, Switzerland, Singapore and Bermuda. Nevertheless, on tax transparency issues, as I posted the other day, Gibraltar IS committed to the OECD 'tax haven' delisting and tax sharing agreements!

Issues on tax transparency are not the 'be all and end all' on offshore finance centres. In order to offer a more balanced view On Gibraltar's Finance Centre, you should also note other matters that the Gibraltar authorities are in the forefront of, as an offshore finance jurisdiction.

Far from "sitting on its hands", through the Financial Services Commission, Gibraltar has ensured it runs a very effective and well regulated Finance Centre... probably better than most. Have a look for yourself on the issue Gibraltar is most often wrongly criticised for... Gibraltar Financial Services Commission > Anti Money Laundering Provisions. On this page, you will see how the FSC openly addresses questions such as:

• What is Gibraltar’s record in the fight against money laundering?
• Does Gibraltar comply with international standards?
• What areas need updating?
• Does the fact that Gibraltar has a large company and trust management industry make it vulnerable to money launderers?
• Isn’t Gibraltar soft on some money laundering such as tax evasion?
• What are the main risks to Gibraltar from launderers?
• How have Gibraltar’s anti-money laundering provisions been verified?
• How does Gibraltar work with others in the fight against money laundering?
• Summary of the anti-money laundering provisions

You will see from this page and from a lot of other information provided 'transparently' on the Gibraltar Financial Services Commission > Anti Money Laundering Provisions, that Gibraltar, far from 'sitting on its hands' does a great deal to ensure it provides a effective and very well regulated Offshore Finance Centre, recognised as such by the IMF and other international regulatory bodies, including the OECD!

Whilst I believe it is right, in a democratic system of free enterprise, that it is a good thing to keep the regulators under scrutiny and of course Governments, I also think in fairness, these issues need to be put into context and any criticism should be a little more balanced than that normally aimed at Gibraltar.... perhaps unlike you have done on your post here today. Which is why I thought I would take the opportunity to redress this... with my comment... and I thank you for allowing me to do so! :)

A couple of Sancho's readers also commented on his post. I thought they were rather ill-informed so I answered them too!

Mark Tanner said:

"Now Gibraltar has received a warning from Brown it will be used to highlight the Rock's lack of transparency when it could have avoided this deadline by compliance."

In reply I responded that Gordon Brown's letter was directed at ALL British AND UK offshore jurisdictions or so called 'tax havens', NOT JUST Gibraltar. Namely... the seven UK overseas territories of Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos. Brown's letter also included the UK territorites as he sought to increase pressure on Jersey, Guernsey, and the Isle of Man – UK crown dependencies also on the OECD list.

Source: FT.com / UK / Politics and policy - Brown warns tax havens to comply

Another reader named Anthony said:

"Gibraltar was encouraged to develop its off shore financial centre as compensation for the closure of its naval dockyard. The British Government largely turned a blind eye to the lack of supervision and now that albatros is coming home to roost."

I thought this comment was a particular load of tripe and I said so. In reply to Anthony, I chose to ignore his affirmation that Gibraltar was "encouraged to develop its off shore financial centre as compensation for the closure of its naval dockyard"... couldn't be bothered with that one, it's so crass! But I did address his other point... and I'll share it with you here... as I thought my ending remark was quite amusing (well it amused me!).

With the greatest respect Anthony...that's a load of ill-informed rubbish!! If you bothered to check your facts you would have found that Gibraltar's offshore finance centre is constantly under a great deal of scrutiny in the UK Parliament. All you have to do is visit Parliament.co.uk and search their archives. A casual check for "Gibraltar Offshore" showed up over 300 instances of questions in BOTH Houses of Parliament regarding Gibraltar's finance centre in the recent past.

In the EU... if you bother to check, you will find many many instances, including cases that have gone to the European Courts of First Instance (where Gibraltar has mainly won nearly all cases) and again been very much scrutinised by the EU... under the auspices of Gibraltar's EU membership through the UK's own membership! Now... no one (at least no one well informed) would categorise this hardly as... "turning a blind eye"!

The reality is that Gibraltar (and many of the other British and UK crown dependent jurisdictions) have largely been accepted by a number of successive (I incorrectly wrote 'respective' in my original comment) UK Governments, including the present Administration, to run efficient and well policed jurisdictions. In his recent letter... Brown also stressed the importance of the tax information sharing deal reached between Gibraltar and the US, and acknowledged that Gibraltar was in well-advanced negotiations with other countries, so again, clearly not "turning a blind eye"!

If anything, what Brown is up to is covering his ass (as per usual) in the context of his pretence at leadership for the G20 countries... in the face of the difficulties all countries are facing in the Global economy and in the fight to avoid further global recession!

That.. is more what Brown's letter is about... sleight of hand spin that takes the focus away from his own Government's largely self created difficulties... and much less concern about how Gibraltar's (or other British and UK) offshore jurisdictions handle themselves.

Oh and Anthony... no 'albatross is coming home to roost' in Gibraltar. As a major world centre for bird migration, we are well used to these and other 'crows' just passing through... and moving along quite harmlessly and peaceably... even though, in their passing, they occasionally do sh**t on us from a great height!

Gibraltar committed to OECD 'tax haven' delisting and tax sharing agreements

Yesterday, I commented on a post over at Tilting at Windmills, defending Gibraltar's inclusion in the OECD (Organisation for Economic Co-operation and Development) list of 'jurisdictions that have committed to the internationally agreed tax standards' but that have not yet substantially implemented these agreements.

I was therefore very interested to read a story in the Gibraltar Chronicle today quoting a report published in the Financial Times last Friday, which I missed, saying that British Prime Minister Gordon Brown has written to the UK’s offshore tax havens, including Gibraltar, "warning them to meet international transparency standards within six months or face sanctions".

These reports say Mr Brown has told these jurisdictions to sign at least 12 bilateral tax information sharing agreements by November.

The Chronicle say that in his letter to Chief Minister Peter Caruana, Mr Brown also welcomed recent steps taken by the Gibraltar Government in this context.

He referred to a statement issued by the Gibraltar Government ahead of the G20 summit in London, in which Mr Caruana reiterated Gibraltar’s commitment to OECD standards. A Chief Minister's Office spokesman at the Convent told the Chronicle:

"The Prime Minister highlighted the fact that that statement was well received."

Mr Brown also stressed the importance of the tax information sharing deal reached between Gibraltar and the US, and acknowledged that Gibraltar was in well-advanced negotiations with other countries.

Last week, even before he had received Mr Brown’s letter, Mr Caruana said he was confident that Gibraltar "would sign at least 12 agreements by November".

In early April, following the G20 Summit, the Gibraltar Government issued a statement welcoming the global raising of standards of financial services regulation, transparency and exchange of information, saying "Gibraltar is already very well positioned and well placed to prosper from" these agreements and added that the Gibraltar Government "is very comfortable with the outcome of G20, as it affects Gibraltar".

In the aftermath of the G20 Summit, the Gibraltar Government said the OECD "appears to have adopted, as a test of 'substantial implementation' of agreed tax information exchange standards, the entry into of around 12 Tax Information Exchange Agreements".

The OECD has published a Progress Report as at 2 April 2009 in this respect.

In their statement after the G20, the Gibraltar Government added:

Since Gibraltar has not yet signed 12 agreements, Gibraltar is categorized among 'Jurisdictions that have committed to the internationally agreed tax standard, but have not yet substantially implemented'. This categorisation is accurate and fair.

The countries listed as committed but not yet substantially implemented, (like Gibraltar), include reputable EU Member States like Austria, Belgium, Luxembourg and others such as Switzerland, Singapore and Bermuda.

Gibraltar is well advanced in the process of signing up tax information exchange agreements and fully expects to be in the category of countries that have fully implemented the internationally agreed standard, by the time that the OECD issues its next progress report in November 2009.

The Gibraltar Government considers that it is right and fair that no 'black list' emerged at G20, especially not one based on a new, sudden criteria of which
committed, active countries had had no prior notice."

Concluding their statement in the aftermath of the G20 Summit, the Gibraltar Government publicly repeated their offer to all OECD countries, which was made through the OECD in November 2008 and subsequently directly to these countries, "to enter into Exchange of Information Agreements, at their request".

The reports of Mr Brown’s letter today in the Chronicle, comes just days ahead of publication of an initial report on the UK’s offshore havens. Michael Foot, a former Bank of England director who was commissioned to write the report, will publish his interim findings on April 22.

I'm sure this report will be read with great interest in Gibraltar.

These reports, in the Chronicle today and in the FT last week, gave me the opportunity to refresh my memory on the Gibraltar Government's statements on their inclusion in this OECD 'tax havens' list... and I'm pleased to say these rather underline my comment yesterday in the post over at Tilting at Windmills, when I said that Gibraltar was not "wishing to act illegally and cock a financial tax snook at the rest of the world"!

The Gibraltar Government's position is clearly one of willing co-operation and are clearly committed to meet Prime Minister Brown's deadline on bilateral tax information sharing agreements by November.

In meeting these internatonal standards and deadlines however, the Gibraltar Government must still ensure they maintain their position in safeguarding Gibraltar's independent economy, as a beneficial tax jurisdiction for high net worth individuals (HNWI's) and offshore corporations.

As I said yesterday, I'm no lawyer or international finance expert, but I imagine this is a tricky balancing act for Gibraltar... and I do hope these agreements do not put at risk, Gibraltar's ability to make it's own way economically... in difficult and changing global financial markets and tax jurisdictions.

One final point on this is that I believe the Government and Gibraltar authorities should be given credit for the commitment and effort they are showing in meeting these international standards... rather than be castigated... as they often are by the uninformed or, especially by mischievous opportunistic politicians from our neighbours to the north! As the Gibraltar Government themselves highlighted in their statement, there are many other countries listed as "committed but not yet substantially implemented", (like Gibraltar), including reputable EU Member States such as Austria, Belgium, Luxembourg, Switzerland, Singapore and Bermuda!

In conclusion, it is worth reiterating the Government's stated position that "Gibraltar is well advanced in the process of signing up to tax information exchange agreements and fully expects to be in the category of countries that have fully implemented the internationally agreed standard, by the time that the OECD issues its next progress report in November 2009".

Gibraltar and US agree exchange of tax information

Dow Jones Newswires reported this evening on a US Treasury announcement Tuesday that they have signed an agreement with the Government of Gibraltar that will allow the two countries to exchange tax information.

US Treasury Secretary Timothy Geithner and Gibraltar's Chief Minister Peter Caruana signed the agreement in London in advance of the G20 meetings this week.

The agreement allows for the exchange of criminal tax information relating to any taxable year and civil tax information relating to taxable years beginning after 2008.

Additionally, it calls for Gibraltar to provide the US with information on bank accounts in Gibraltar.

Good to see the 'Chief' has moved very quickly and rather adeptly foiled any problems that were likely in the wake of the US Government and other countries looking at the so called 'fiscal paradises'!

There'll be some worried looks exchanged around Spain's 'elite' when they read about this! What are they going to bang on about now?? Maybe they should focus on where they put their own money!

Montegriffo comments on the question of a 'Spanish Gibraltar'

In a blog post just over a week ago, I asked the question... Can Gibraltarians ever envisage a Spanish Gibraltar?.

My question arose following comments I read in one of Gibraltar's daily newspapers, Panorama online and in my colleague Sancho's blog Tilting at Windmills.

These two articles carried comments attributed to Peter Montegriffo, the former GSD (Gibraltar Social Democrats) minister, who recently gave an interview to the Campo de Gibraltar newspaper, Europa Sur.

In this interview, Peter Montegriffo was quoted as saying that "the time was not ripe for a sovereignty solution" for Gibraltar and added, "adequate conditions must first be created before embarking on sovereignty talks".

Well, this really intrigued me!

When asked, in the Europa Sur interview, if he thought there is a solution to the sovereignty issue, he replied:

"Of course there is.

I have always thought it is possible to find a solution in the context of the European union, applying the democratic principles and of mutual respect that unite us."

In our articles last week, both Sancho and I expressed a curiosity about the basis on which future talks on the sovereignty of Gibraltar could possibly be founded. Sancho put it in a nutshell:

He says that adequate conditions must first be created before embarking on sovereignty talks... but then goes on to say he believes that a future agreement on sovereignty can be reached.

I should add that he fully backs the tripartite process and closer links with the Campo de Gibraltar. However co-operation is one thing – sovereignty is quite another.

So why future talks?

Unless I am wrong, and I frequently am, the Spanish Government’s position is clear – it believes that Gibraltar should be an integral part of the nation and even joint sovereignty would only be a stepping stone on the road to that eventual goal. All the major parties are agreed on that stance.

In contrast the people of Gibraltar have indicated in two referenda that they totally reject any sovereignty deal with Spain. Hence we have two set positions – surrender and no surrender.

If Spain’s ambitions for Gibraltar and Gibraltarians ambitions for the Rock are totally at odds with each other - surely there is nothing to discuss.

Therefore unless Gibraltarians collectively are willing to go along the Spanish route talks can achieve nothing. Indeed you can’t have talks on sovereignty when sovereignty for Gibraltarians isn’t an issue.

Spain, or rather its government, isn’t going to change its stance – so is Gibraltar?

Sancho summarises the situation very well... which is why I was even more curious as to what Montegriffo was up to.

Well... my curiosity was answered... sooner than I thought! Peter Montegriffo got in touch with me and he very kindly clarified (corrected) a number of the points that were quoted, both here and in the other media sources. His comments make for interesting reading.

Anyone who is tired of the usual entrenched positions of "Gibraltar Espanol" on the one hand and "British we are... British we stay" on the other (as I am), and perhaps who is looking for a middle ground or alternatives to these stalemated positions, will be very interested in Peter Montegriffo's views.

In an exchange of emails with me, Peter firstly corrected the Panorama quote:

"In the Europa Sur article, what I actually said was that I personally do not think that the time is right for us to address the sovereignty issue at all. I did not incidentally use the word "ripe" as reported by Panorama."

On the question I raised, about whether Gibraltarians can ever "envisage a Spanish Gibraltar" and my curiosity as to what Montegriffo was up to, he said:

"I can assure you that I do not hold the view (and never have) that Gibraltar should become Spanish. But I do believe we can arrive at a Gibraltarian Gibraltar (namely a micro-State within the European Union), that deals with and neutralises (that does not mean gives in to) the Spanish claim."

Well... that's clear enough... and I for one am very interested in exploring this possibility of a 'micro-state within the European Union' or as others are calling it, 'the Andorran model'.

Following my blog post last week, I also opened a topic (and subsequent Poll) on this subject in Gibraltar News Online forum

When I asked if he would like to comment, either on this blog or in the Forum topic, in the hope of encouraging more debate on this issue, (something I am keen to do), Peter Montegriffo said:

"I am very happy to join any debate but given that no-one in Gibraltar (certainly not myself) is suggesting a Spanish Gibraltar, why run a poll with that question?

That sort of 'enquiry' in my view simply distorts the discussion that should be had about our future. It is not a choice between British or Spanish sovereignty which is what the debate is often reduced to."

Fair comment... and one that I very much agree with. However, in my own defence, I explained that when I created the topic, my intention was precisely to shake people's thinking on the issue of sovereignty... which was raised in the Europa Sur interview.

In our exchange, Montegriffo added:

"But what I have always had in mind is a Gibraltarian Gibraltar, which both Britain and Spain will come to accept.

This is what the poll should be asking and is a more proper reflection of my views.

Not a bad idea Peter! In fact, one that I welcome very much. My intention and hope is the same as Peter's... and that is to encourage and generate debate on these issues... in particular, and indeed as is happening.. to move on from these old, entrenched views.

In the event, that is exactly what is happening in the Forum topic, as subsequent comments have moved the conversation in the direction of a 'micro-state'... discussing, as one poster commented, "thinking out of the box" on the way ahead for Gibraltar.

But I am happy to accept Peter Montegriffo's suggestion for a future poll to encourage debate on this issue... and I have asked him to suggest what the question should be. I am hopefull that he accedes to my request... as his suggestion for a Poll question (and discussion on this point) would make for very interesting debate, I think.

My thanks to Peter Montegriffo, for the courtesy he has extended me to date, in clarifying and expanding on his views.

Montegriffo's future in Gibraltar politics

Since his resignation from Government in February 2000, Peter Montegriffo has officially been out of politics. However, as can be seen from these articles, he does comment on political issues from time to time.

As for the future, Peter has recently been described as "merely biding his time until the present Chief Minister, Peter Caruana, steps down". It is thought that he will then 'throw his hat' into the GSD leadership race that will ensue.

Not wanting to miss the opportunity, whilst I had his attention, I asked Peter, if this is the case... and if it isn't, what exactly is his political agenda for the future?

As I write, I am still awaiting his response... but I have a feeling he may be playing a little coy on this one!

Peter Montegriffo

Peter Montegriffo is a lawyer and partner in Gibraltar law firm Hassans. He was Minister for Trade and Industry, with responsibility for economic development and financial services, in the first GSD Government, (deputy to Peter Caruana, the Chief Minister), between May 1996 and February 2000, when he resigned from politics to 'pursue other interests'.

Can Gibraltarians ever envisage a Spanish Gibraltar?

Can Llanitos... Gibraltarians, ever envisage a Spanish Gibraltar? There's a question to ponder!

Personally, I don't think so. For ANY Gibraltarian, certainly of my generation, the possibility of a Spanish Gibraltar is anathema... it's simply unthinkable!

My question arises following recent comments apparently made by Peter Montegriffo, the former GSD (Gibraltar Social Democrats) minister, in an interview with the Campo de Gibraltar newspaper, Europa Sur.

I tried searching for this interview but was unable to find it in Europa Sur online. I can only assume it was only carried in the offline version.

I did however, find some 'third party' comments on this interview. Gibraltar's Panorama online carried an article on it yesterday and my colleague, Sancho, blogging over at Tilting at Windmills also made some interesting comments.

Peter Montegriffo is a lawyer and partner in Gibraltar law firm Hassans. He was Minister for Trade and Industry, with responsibility for economic development and financial services, in the first GSD Government, (deputy to Peter Caruana, the Chief Minister), between May 1996 and February 2000, when he resigned from politics to 'pursue other interests'.

Whilst Montegriffo comments on political matters from time to time, he has officially been out of politics since his resignation from government. Many however, believe he is merely biding his time until the present Chief Minister, Peter Caruana, steps down. It is thought that he will then 'throw his hat' into the GSD leadership race that will ensue.

In his blog comment, Sancho said:

Given that when the two big beasts of Gibraltar politics, Caruana and Bossano, step down the leadership of the Rock will be in a state of flux, it would be a brave man (or woman) that rules Montegriffo out of the top job. His views should be listened to.

Sancho may be over dramatising this... but he may have a point. Montegriffo certainly seems to have the attention of a few influential people in political circles... and not just in Gibraltar but across the border too. Montegriffo has long been the secretary of 'Mar del Sur', a Spanish socio-cultural association which seeks collaboration between the two sides of the frontier. The group is thought to have links with the PSOE party in Spain.

Anyway... it appears, that in this interview with Europa Sur, Montegriffo said that the time was not ripe for a sovereignty solution. He backs the Tripartite Forum, which he says is "making greater headway to remove the distrust that still exists between those on either side of the frontier". I would agree with him wholeheartedly on that as I also support this view.

Montegriffo, however, then added a surprising and intriguing comment. He said that "adequate conditions must first be created before embarking on sovereignty talks".

Asked if there is a solution to the sovereignty issue, he replied:

"Of course there is.

I have always thought it is possible to find a solution in the context of the European union, applying the democratic principles and of mutual respect that unite us."

Hmmm... well maybe if Spain ever grows up and allows their 'democratic priniciples' to mature... and maybe if they actually start to respect the democratically expressed wishes of a people... exemplified in at least three referenda over the last forty years... this may be so at some time in the future... but then again, pigs may fly!

Moving on... Montegriffo added:

"I think that at present the conditions are not there in Madrid or in Gibraltar to tackle an agreement on this topic, as there is still too much distrust as neighbours.

It will be premature at present to seek a solution, which is not urgent anyway."

Not urgent... no, or desired, at least by me and I am pretty sure, neither is it desired by the vast majority of Gibraltarians!

Sancho, in his post, summarises the situation succinctly:

I am curious by what the former GSD minister says in an interview with Campo de Gibraltar newspaper, Europa Sur. If he is quoted correctly he stated the time is not ripe for a sovereignty solution. He says that adequate conditions must first be created before embarking on sovereignty talks...but then goes on to say he believes that a future agreement on sovereignty can be reached.

I should add that he fully backs the tripartite process and closer links with the Campo de Gibraltar. However co-operation is one thing – sovereignty is quite another.

So why future talks?

Unless I am wrong, and I frequently am, the Spanish Government’s position is clear – it believes that Gibraltar should be an integral part of the nation and even joint sovereignty would only be a stepping stone on the road to that eventual goal. All the major parties are agreed on that stance.

In contrast the people of Gibraltar have indicated in two referenda that they totally reject any sovereignty deal with Spain. Hence we have two set positions – surrender and no surrender.

If Spain’s ambitions for Gibraltar and Gibraltarians ambitions for the Rock are totally at odds with each other - surely there is nothing to discuss.

Therefore unless Gibraltarians collectively are willing to go along the Spanish route talks can achieve nothing. Indeed you can’t have talks on sovereignty when sovereignty for Gibraltarians isn’t an issue.

Spain, or rather its government, isn’t going to change its stance – so is Gibraltar?

Curious Sancho?? You and me both! Curious as to what Montegriffo is up to! But... the question Sancho raises, is an interesting one... one that has been on my mind for some time too.

Frequent readers of my blog will know how I feel about Gibraltar's sovereignty. I have stated it quite clearly at the start of this post. For me... and for many Gibraltarians, at least those of my generation I'm sure, this is not an issue that is 'up for grabs'! I consistently maintain this:

Gibraltar belongs to the People of Gibraltar. It is neither Spain's to claim nor Britain's to give away!

But... Montegriffo's comment and Sancho's understandable question, bring up the issue, as I say, that is often on my mind these days. Will Gibraltar ever envisage the possibility of being Spanish viable?

Montegriffo, in his statement, seems to imply, that whilst conditions may not 'be there' in Madrid or in Gibraltar, to tackle an agreement on sovereignty now... they may be in the future?

Actually, I disagree with him with regards to Madrid. The right 'conditions' certainly seem to me to exist in Madrid. Sancho clearly also sees it this way.

Only last week, the foreign affairs committee in the Spanish 'Congreso' (parliament), in a rare display of unity, the ruling PSOE and the PP opposition parties came together and urged the Spanish government to renew their demands and talks over the sovereignty of Gibraltar. Futhermore, the demand for sovereignty over Gibraltar to be returned to Spain, is officially included in every Spanish legislature! So I cannot agree with Montegriffo on that point.

Now... as for Gibraltar... the right conditions are certainly not there now... but will they ever be??

I think most Gibraltarians of my generation would not think so. As I say, the question is anathema. Gibraltarians have been harrassed and bullied for decades. Many experienced the 12th 'siege' when the frontier was closed in 1969 and commercial, military and air travel restrictions were imposed on the community for the best part of twenty years. This dictatorial behaviour by Spain, which lasted long after Franco's death, has left huge scars on generations of Gibraltarians, who I may add, are little pacified by Spain's continued belligerent critical attitude and demands towards Gibraltar even today. A very strange policy for consistent Spanish governments to pursue and one that, only in recent years, has seen any softening, following the Cordoba Accord and the ongoing Tripartite Forum process.

Since the border was reopened in 1986, however, younger generations of Gibraltarians have been enjoying a different experience. These days there is wide cross border interaction, for shopping, travel and many other leisure activities. Young Gibraltarians are mixing more and more with their counterparts across the border, in a way which would have been unthinkable some years back... and of course, impossible through the late 70's and early 80's. Some Gibraltarians have even started choosing to go to Spanish universities, as opposed to the United Kingdom, (as has always been traditional), for their further education.

Of course, their new experience does not necessarily mean they are more easily disposed towards Spain, but I do sense a slight shift in the traditionally entrenched views.

Whether this means younger generations may be more disposed to look at the possibility of a Spanish Gibraltar, I would doubt it. But... if the penny were to finally drop with Spanish politicians... to take a more seductive, perhaps more mature and sensible approach to their politics towards Gibraltar... who might say what could be the result.

Are these the 'conditions' that Montegriffo has in mind for possible future talks? Quite possibly.

Generations of Gibraltarians have consistently said an emphatic NO to Spain in referendum after referendum. IF... (and this is a very big IF) Spain were to take a more relaxed approach, a more conciliatory and friendly... perhaps even more helpful approach towards Gibraltar, maybe even taking away those hateful intrusive border restrictions.... who knows what result a future referendum on the sovereignty of Gibraltar might throw up??

During my lifetime... I have seen the longed for but unimaginable happen. The collapse of Communism and the Union of Soviet Socialist Republics. The taking down of the Berlin Wall. The end of sectarian killing and the coming of a (hopefully lasting) peace in Northern Ireland. I still live in hope of similar in the Middle East, Gaza and Israel.

A Spanish Gibraltar? Well... it's simply unthinkable, undesired... and complete anathema to me and my generation and all older surviving generations. Will this remain the same for future generations?

Perhaps... this is what the wily political lawyer is getting at! Whose to say what's round the corner?

For myself, I hope Spain continues their belligerent stance, pissing off all Gibraltarians... old and young, as they have been doing for centuries! Gibraltarians can live with that... we've been doing it for years. The alternative, at least for me... doesn't bear thinking about... and I very much hope the younger generations of Gibraltarians continue to see it this way... in perpetuity!

Update - 22nd March 2009 16:40:

Readers interested in this topic, may be interested to view/participate in this Poll I've set up, following a request from Forum member:

Discussion Forum > Poll: Will Gibraltarians ever envisage a Spanish Gibraltar?

You will need to be a Registered Member in the Forum to participate. Registering is easy and a simple process that only takes about 5 minutes of your time.

Gibraltar sovereignty once more demanded in Spain

Yesterday, in the Spanish 'Congreso', in a rare display of unity, the ruling PSOE and the PP opposition parties came together in demands (once again) over the sovereignty of Gibraltar!

When will Spain ever 'stop banging on about Gibraltar's sovereignty'?

During a meeting of the Foreign Commission the PP and PSOE both urged the government to reopen its negotiations with the United Kingdom over the sovereignty of Gibraltar.

In fact, the demand for sovereignty over Gibraltar to be returned to Spain, is officially included in every Spanish legislature.

The PP asked for firmness in the face of the "uninterested attitude" displayed by the Prime (sic) Minister of Gibraltar. What a damn cheek... and it's CHIEF Minister... get it right!

That guiding light of the right wing PP main opposition party, José Ignacio Landaluce (right), a member of parliament, stirred the diplomatic pot by stressing "the damage that Gibraltar caused Spain" through its "fiscal and environmental policies".

He negated to stress the damage that Spain's CEPSA oil refinery does to the health of the people of Gibraltar and all communities (Spanish) surrounding the Bay of Gibraltar in the Campo de Gibraltar area... or the damage that Spain's constant restrictions at the frontier does commercially (and otherwise) to the people of Gibraltar and their own community of La Linea!

Rafael Román, his perhaps more reasonable counterpart and fellow member of parliament for the PSOE, proposed two lines of action. The first is to "reclaim the right over the sovereignty of Gibraltar" and the second is "the adoption of measures to win the confidence of Gibraltarians".

What I want to know is... when will Spain ever mature democratically? Will Spain ever learn from the example of Portugal... in the context of Olivença as Daniel Hannan so eloquently argues? When will Spain ever accept once and for all, the freely expressed wishes of the people of Gibraltar?

The only way Spain will EVER win the confidence of the people of Gibraltar... is the day when Spain acts more maturely in their democracy... in a fair and reasonable manner... and finally accepts Gibraltar's freely expressed wishes of self determination... renouncing once and for all, the anachronism of the Treaty of Utrecht and all Spanish claims to the sovereignty of Gibraltar!

Gibraltar belongs to the People of Gibraltar. It is neither Spain's to claim nor Britain's to give away!

Commonwealth's 60th anniversary marked by HM the Queen... and in Gibraltar too

The Queen will mark the 60th anniversary of the creation of The Commonwealth when she attends a special service at Westminster Abbey today.

High Commissioners from the 53 Commonwealth nations are also expected to take part in the celebration.

But a poll of UK adults has found its importance to Britons is in decline.

While the YouGov survey suggests many feel warmly towards the Commonwealth, just 35% of 18 to 34-year-olds would be sorry if the UK withdrew.

The research, commissioned by the Royal Commonwealth Society (RCS), questioned 2,119 UK adults about their attitudes towards the institution.

Dr Danny Sriskandarajah of the RCS said the 53-member grouping needed to keep "reaching out".

The Queen said the Commonwealth must keep its focus on the young.

In her Commonwealth Day message, she said that it had evolved out of all recognition, representing the rich diversity of humankind but representing shared values of democracy, freedom and human rights.

"Nearly one billion people of today's Commonwealth are under 25 years of age," she said.

"These are the people that this association must continue to serve in the future."

You can listen to HM the Queen's Commonwealth Day message here

Commonwealth Day

Commonwealth Day is the annual celebration of the Commonwealth of Nations held on the second Monday in March. The day is marked by a multi-faith service in Westminster Abbey, normally attended by Queen Elizabeth II who is the Head of the Commonwealth, with the Commonwealth Secretary-General and Commonwealth High Commissioners in London.

The Queen delivers an address to the Commonwealth, broadcast throughout the world. Also, in the year before the quadrennial Commonwealth Games, the Queen starts the Queen's Baton Relay on Commonwealth Day at Buckingham Palace, handing the baton to the first relay runner to start a journey that will end at the Opening Ceremony of the upcoming Games.

While it has a certain official status, Commonwealth Day is not a public holiday in most Commonwealth countries and there is little public awareness of it... at least in the UK... but there is in Gibraltar.

The Commonwealth Foundation was established by the Heads of Government in 1965. Membership of the Foundation is open to all members of the Commonwealth and (as of December 2008) stands at 46 governments out of the 53 member countries.

Associate Membership, which is open to associated states or overseas territories of member governments, has been granted to Gibraltar, where Commonwealth Day IS a public holiday and is normally also marked by a message from the Chief Minister (and often also by the Opposition parties).

Gibraltar Chief Minister's Commonwealth Day Message

Address by Gibraltar Chief Minister Peter Caruana on the occasion of the Commonwealth Day 2009.

Sunday 26th April 2009 will witness the 60th anniversary of the Declaration of London, which concluded a 6 day meeting between the Heads of State of the United Kingdom, Australia, Ceylon, India, New Zealand, Pakistan and South Africa together with the Canadian Secretary of state for foreign affairs, where it was agreed that King George VI would be recognised as the Head of the Commonwealth.

This continues to be the role today of the Queen, who succeeded her father, King George VI.

On that day, 60 years ago, the Commonwealth as we know it today, was created.

Today, the Commonwealth brings together 53 independent territories and the British Overseas Territories, such as Gibraltar.

The 60th anniversary is a diamond jubilee. The Commonwealth is indeed an association of great value, like a diamond, that seeks in the words of the Declaration of London the “pursuit of peace, liberty and progress”.

Today, there are nearly two billion people who live in the Commonwealth. Half of them are under 25 years of age. Perhaps it is for this reason that the theme chosen for this year’s Commonwealth Day is “serving a new generation”.

The Gibraltar Government attaches great importance to the interests of the youth of Gibraltar. Investment in our youth is investment in our future. Hence our investment in education and training and other character forming and life enriching activities such as Sports and Leisure. Few communities of our size enjoy the Sports and Leisure facilities, or the educational systems that Gibraltar enjoys. These equip our youth well for a happy, fulfilled and successful future.

The Government continues to dedicate resources to educating our youth, to funding the training at Colleges and Universities of our young men and woman, and to resourcing other forms of training for all ranges of ability and consistently excellent results obtained by our youth speak for themselves.

The Government had the vision to convert a car park and a disused Barrack Block at Casemates Square into a thriving commercial & entertainment hub, for young and old to enjoy, particularly with the Summer Nights programme.

The Government rescued the derelict King’s Bastion and restored this magnificent heritage site into a top¬class entertainment centre for our youth, and the not so young, with modern facilities that are second to none, and which are the envy of cities very much larger than Gibraltar. The new Bayside sports facilities also speak for themselves.

But serving a new generation goes much further than this. It encompasses the safeguarding of our environment, in the widest sense of the word, from the recovery of inner city areas to the enhancement of public parks and open spaces. It covers the building of the sort of Gibraltar that we want for our children and our children’s children with due emphasis on the family and on the moral and social values that matter, on worthwhile jobs both now and in the future, and on the enhancement of our surroundings so that they are pleasant to live in and in which to grow old.

It is not just the Government that must serve the new generation. This is also the role of each one of us, as citizens of Gibraltar, as a microcosm of the wider Commonwealth to which we belong.

As we enjoy our Commonwealth Day holiday with our families, let us reflect on what we can individually contribute to serve a new generation of Gibraltarians.

Have a pleasant holiday.

COMMONWEALTH MEMBERS
Antigua & Barbuda	Jamaica	Sierra Leone
Australia	Kenya	Singapore
The Bahamas	Kiribati	Solomons
Bangladesh	Lesotho	South Africa
Barbados	Malawi	Sri Lanka
Belize	Malaysia	St Kitts
Botswana	Maldives	St Lucia
Brunei	Malta	St Vincent
Cameroon	Mauritius	Swaziland
Canada	Mozambique	Tanzania
Cyprus	Namibia	Tonga
Dominica	Nauru	Trinidad
Fiji (suspended)	New Zealand	Tuvalu
The Gambia	Nigeria	Uganda
Ghana	Pakistan	United Kingdom
Grenada	Papua NG	Vanuatu
Guyana	Seychelles	Zambia
India	Samoa	Zimbabwe (out)