Four Guardia Civil arrested in Gibraltar harbour following chase incident

According to media reports tonight, four Spanish 'Guardia Civil' officers were detained in Gibraltar earlier today, following an incident.

Gibraltar's Panorama is reporting that a Guardia Civil launch was chasing a Spanish fast boat in waters near Gibraltar. The pursuit continued into Gibraltar harbour and ended with both the fast boat and the Guardia Civil launch being grounded in Gibraltar port area by 'Harbour Views', late this evening.

Once on land, the two men on the fast launch raced for cover. The Guardia Civil rushed after them. Shots were heard, it is claimed.

The Guardia Civil officers were taken to Police HQ. Gibraltar police also arrested the two men on the fast launch and took them away. The two vessels have been seized.

The Gibraltar police said this was a 'very serious' incident.

Eyewitnesses claim that several shots were heard, but it was not clear how many and this report has not been confirmed.

Later this evening, the Guardia Civil officers were released after questioning and Spain's Interior Minister Alfredo Perez Rubalcaba telephoned Gibraltar's Chief Minister Peter Caruana and apologised for the incursion.

"Sr Rubalcaba called me personally tonight. He said that they deeply regretted the incident and apologised," Caruana said.

Last month, London's ambassador in Spain was obliged to make a public apology on November 20 after a Royal Navy unit based in Gibraltar was seen shooting at a buoy allegedly 'painted in the colours of the Spanish flag' during target practice.

The Spanish Government does not recognise the waters around the Rock, which are British Gibraltar Territorial Waters. But the Spanish have been arrested within the waters of the port itself, which the Spanish Government accept that these waters were ceded under the terms of the 1713 Treaty of Utrecht, Britain's legal title to the Rock.

BBC News - UK 'sorry' for shooting at 'Spanish flag' buoy

According to BBC News, the UK has apologised to Spain after the Royal Navy used a buoy with the 'Spanish colours'... for target practice!

This is totally ridiculous! The Royal Navy has been using a flag like this, known as 'flag no 1', for target practice probably since Nelson's day... and certainly since long before I was in the Royal Navy.... and that's 30 years ago! Damn 'Sloppies' will whinge and complain about everything and anything in Gibraltar waters!

I've no idea why the UK is saying 'sorry'!! They should tell the Spanish to bugger off out of Gibraltar waters... and mind their own business!

It might help if the Spanish authorities learned about the International Flags Signal Code! They would see the flag in question, (shown on the Flags on the right), as used by the Royal Navy, the US Navy and NATO forces, which Spain is part of, includes what is known as 'Flag No 1'... which admittedly is very similar to the Spanish national flag... but is NOT the Spanish flag. It's just the flag representing the number 1! The Royal Navy use this for shooting target buoys, simply because of it's easy visibility!

Here's a video of HMS Scimitar, part of the Royal Navy's Gibraltar Squadron, being filmed retrieving the bouy after 'words' were exchanged with a unit of the Spanish Guardia Civil's Marine section:



One can see the buoy clearly in one of the sequences. It is obvious that this was NOT the Spanish national flag! The Spanish authorities are just intent on mischief... and 'winding up' the UK.

The UK should stop appeasing the Spanish... and all their whims... whingeing and complaints. What the UK should do is enforce the integrity of Gibraltar's territorial waters... in NO uncertain terms... before there is a serious incident!

Britain should show more resolve in defence of Gibraltar territorial waters

Three months ago I complained about the lack of support for Gibraltar in the British press over Spain's relentless bullying of Gibraltar.

Not that the press has given us much support since, but today I see, the Mail Online (who else) is having a bit of a go... talking about what they term as the Gibraltar ambush: Spain grabs miles of British waters to carry out 'environmental protection;.

While this 'news' broke at least three months ago, (I blogged about it at the time: Gibraltar territorial waters and sovereignty once more under threat from Spanish bullying) it's good to see that at least one British newspaper has finally decided to say something about this!

Before anyone has a go at me telling me that there have been other reports in the British press recently about the recent infringements by Spain of Gibraltar's territorial waters... I am aware of those reports. But those reports have simply mentioned the incidents of Spain's transgressions into our waters... some in rather 'gung ho' and alarmist fashion. None (to my knowledge) have looked at the issue on the way Spain has managed to trick the EU into granting Spain legal rights over our British sovereign territorial waters surrounding Gibraltar. Simon McGee, writing in today's Mail Online highlights the issue rather well. Thank you Simon... and 'middle England'!

He even tried to contact the European Commission and the Spanish Foreign Affairs Ministry for comment but... surprise surprise... the EU Commission declined to comment and the Spanish government failed to respond to phone calls.

There have been reports in the British press over the last couple of weeks, that Britain was sending some warships out to Gibraltar, following the recent incidents. I haven't been able to corroborate or confirm the veracity of these reports from any reliable source (other than the UK press) but I can tell you... NO new warships have arrived in Gibraltar... as yet.

There is however, the substantial presence of the British nuclear submarine HMS Trenchant which was observed in the Bay of Gibraltar last Thursday. However, the submarine was only there to carry out a crew transfer and was on its way elsewhere. It was met by units from the Gibraltar Squadron, who in addition to providing an escort also ferried the transferring crew rom submarine to shore. It is reported that the transfer was carried out in the bay "because of poor weather conditions" in the Strait of Gibraltar. In any event, whatever it is up to, a nuclear powered submarine, whilst powerful in any regard, is very ill equipped and totally unsuitable to deal with the types of incidents that have occurred lately.

The brief visit by the nuclear powered submarine drew the usual and predictable response from 'Blanca Luz', Spain's Popular Party opposition MP for Cádiz, Jose Ignacio Landaluce, who repeated (as he does parrot fashion) his concerns about "safety" and urged the Spanish government to "take a tougher line"... bloody cheek! But speaking of Governments taking a 'tougher line', I agree... but it's Britain that should be taking a much tougher line!

As far as I know, the defence of our territorial waters, in this important issue and with the worrying atmosphere of rising tensions, is still up to the two units, the small patrol boats HMS Sabre and HMS Scimitar, belonging to the Royal Navy's Gibraltar Squadron.

In the light of a recent Defence Management report, which argues that support in Westminster for the Royal Navy has become so bad that the service now has a mere nine ships allocated to protecting Britain's territorial waters. The Royal Navy cuts mean less maritime security for the UK, so this does not augur very well for the Royal Navy's capabilities and the defence of Gibraltar's own British sovereign territorial waters!

As I've said before... so far, all concerned have been able to show restraint in these incidents, both on the Spanish Guardia Civil maritime patrol boats and on the British side, by the Royal Navy and the Gibraltar Police's maritime units... but I can see how these confrontations could easily go awry. Let's hope further escalations can be avoided and the matter can be resolved soon... before someone is hurt and we are having to deal with a much more serious 'international incident'!

I am a little comforted that both the Royal Gibraltar Police and the Ministry of Defence in Gibraltar are trying to ensure that their personnel know exactly what they have to do if faced with yet another Spanish incursion. In the wake of these recent tense incidents at sea off Gibraltar, police and military planners have reportedly revisited the operating procedures for marine crews patrolling British waters and that is comforting to know but one would expect them to be checking and reviewing their procedures.

More importantly... if further confrontations are to be avoided, I for one would feel far more comfortable if the British government were to send more substantial naval units to Gibraltar and, if nothing else, show Spain in no uncertain terms, that unlike in the lead up to the Falklands conflict with the pulling out of a substantial naval presence then, in this instance Britain is resolved to defend its territorial waters vigorously, by stationing one or two frigates or destroyers, at least, in Gibraltar now! Trouble is... does the UK have the will or the capability?

Where is Drake when you need him?

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

Worrying escalation of incidents around Gibraltar territorial waters

Media sources in Gibraltar are reporting yet another incident in a worrying increase of tension around Gibraltar's territorial sovereign waters over the last couple of weeks.

Brian Reyes, writing in today's Chronicle says, yet again, a Guardia Civil patrol boat intercepted a suspected smuggler in Gibraltar waters yesterday. The following is his report:

In doing so, it ignored the usual procedure of informing the Royal Gibraltar Police to take up the chase.

The RGP was alerted to the incident by members of the public and, on reaching the scene, instructed the Guardia Civil to leave the area.

But although the incident comes at a time of tension over Gibraltar's territorial waters, two senior official sources initially suggested it may be overzealous policing by the Spanish officers, rather than a politically-motivated exercise.

The Government said last night it had had an initial report from the RGP in respect of the incident, when there was an incursion by a Guardia Civil launch in Gibraltar territorial waters in the area of Catalan Bay, 'in circumstances which would appear to be unacceptable'.

The Government declared that it takes a 'serious view of this matter and will take such appropriate action as may be required when all aspects of the incident have been investigated and established. '

Gibraltar and Spanish law enforcement agencies cooperate closely to tackle smuggling activity at sea. Guardia Civil vessels regularly sail through Gibraltar waters but do not normally carry out operational tasks without having first contacted the RGP.

What makes yesterday's incident unusual is that the Guardia Civil did not contact the RGP until after the incident had unfolded.

"My gut feeling is that the Guardia Civil officers were just a bit too keen on this one," one senior official said.

The incident has nonetheless generated some concern because it comes exactly two weeks after a Spanish Navy incursion in Gibraltar waters sparked diplomatic tensions.

Yesterday, the suspect launch - a small 'patera', later found to be empty - was chased close to shore in the area of Catalan Bay and eventually ended up beached at the edge of the reclaimed land.

Two men jumped off and fled from the scene. They were still at large as this edition went to press.

The RGP said it received several calls from people in the area while the chase was underway at sea and despatched both land and marine units to the scene.

"The crew on the police launch challenged the Guardia Civil as to their purpose in Gibraltar's territorial waters and told them to leave, which they did without any problem," and RGP spokesman said.

This somewhat surprising and apparent escalation of transgressions into Gibraltar' territorial waters are worrying.

Even the UK National press are now focusing on the issue with Daily Express talking about a "Return of the Armada as Spain ‘invades’ Gibraltar" and the Daily Mail Online today saying that Royal Navy warships have been "dispatched as Spanish invade seas around Gibraltar". I'm not sure what truth there is in that report.

As far as I know, so far, it has been units from the Gibraltar Squadron of the Royal Navy who have effectively dealt with these incursions, including the recent ordering of a Spanish Civil Guard patrol boat to leave Gibraltar waters in the first reported incident.

I'm hoping the 'Senior Official's gut feeling' quoted in the Chronicle report is correct, when he said his "gut feeling is that the Guardia Civil officers were just a bit too keen on this one". Maybe the local units have a new boss, who's keen to stamp his mark. I certainly hope this apparent 'new agenda' is not being directed from Madrid... as if it is, things are a little more serious.

Either way, as I said last Thursday, I very much hope the Guardia Civil and the Spanish authorities, can be 'encouraged' by the UK's Foreign Office and of course the Gibraltar authorities, to reign in whatever agenda they are now manipulating, before these incidents become more serious and someone is hurt through some 'trigger-happy' blunder.

So far, all concerned have been able to show restraint... but I can see how these could easily go awry. Let's hope this can be resolved soon... before someone is hurt and we are having to deal with a much more serious 'international incident'!

Onwards and upwards....moving on from MPs and constitutional crisis

Over the last couple of weeks, I've been rather focused on the issues surrounding the MPs abuse of privileges in the House of Commons and the conduct of Speaker Martin.

I suspect I bored many of my regular readers a little bit (possibly a lot), by banging on about Speaker Martin (a very important issue for me)... for which I apologise... but I'm afraid the whole issue, not least MPs expenses abuses, has quite incensed me.

With the resignation of the Speaker yesterday and the reforms that have been announced, I'm glad to say I am feeling a little calmer today... but I can't promise I will not return to these issues as there is still much to do and to be said in this regard, particularly on my strong belief that the electorate must be given the opportunity to have our say on these issues.

On these, not least is the opportunity we have with the forthcoming European Elections, where I hope you will be supporting the Liberal Democrats lists in your constituencies... especially those of you in Gibraltar (and the South West Region of the UK of course) who I hope will join me in support of our very own Gibraltarian candidate, Jonathan Stagnetto.

Other News to Focus On

Whilst all this has been going on, a number of other news has caught my attention and normally, I would have commented on with a blog post... but I haven't, because my energies and my eyesight, which sadly seems to have taken a turn for the worst recently (could be due to the rise in blood pressure... just kidding), has only allowed me to concentrate on the most important issue... and that was the brink of a possible constitutional crisis that the issue of MPs expenses brought us to, in the House of Commons. Thankfully... I think we have seen the worse on this, at least for now.

Amongst the other items of news that have caught my eye, which have concerned me (by no means the only ones) are these:

Gibraltar's Sovereign Territorial Waters

Firstly, the apparent escalation of incidents concerning Gibraltar's sovereign territorial waters where one more incident was reported this week.

This is worrying and I very much hope Spain can be 'encouraged' by the UK's Foreign Office and of course the Gibraltar authorities, to reign in whatever agenda they are now manipulating, before these incidents become more serious and someone is hurt through some 'trigger-happy' blunder. So far, all concerned have been able to show restraint... but I can see how these could easily go awry. Let's hope this can be resolved soon... before someone is hurt and we are having to deal with a much more serious 'international incident'!

Action Require on Child Porn Laws in Gibraltar

This issue touches on issues which I have been concerned about for a very long time... and not just in the context of Gibraltar.

But in the context of Gibraltar, the remarkably anachronistic legislation that exists in Gibraltar, as my colleague Brian Reyes writes about in his blog, Action on child porn laws…finally « Letters From Gibraltar is long overdue for reform, as he rightly points out.

"A few days ago I wrote about a glaring gap in Gibraltar’s legislation. Possession of child pornography, it appeared, was not a crime on the Rock. It wasn’t me who said this, but the judge."

In this, I also very much agree with John Baw, a fellow Gibraltar blogger, who said the resulting sentence in this case, was "Nothing short of outrageous" (WildOx Blog!

Age of Consent Bill in Gibraltar

Not before time, 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.

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 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 the '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!

On a Lighter Note...

I was very interested to see this article, in the Telegraph, about the fact that Bright women are brilliant in bed.

This is something that perhaps many men take a little while in finding out for themselves. Personally, I found this out quite early in life and as a consequence, feel very blessed in how my early realisation of this simple and logical fact has much enhanced my... errr lifetime.

On a similar note... speaking of 'bright women' and how attractive that may be... any investor out there looking for some good ideas, might well do a lot worse than to listen to Peter Daily's report on the BBC World Service - Business - Does the crisis need a feminine touch? The ideas and investment opportunity offered by this investment company run by a couple of Icelandic ladies... who offer the slightly extreme proposition that men got us into this current economic mess, maybe women can get us out of it... sounds very interesting to me!

I hope to focus more on all these and no doubt, other issues that will arise, in the foreseeable future.... energy and eyes notwithstanding.

Royal Navy 'shoos' Spanish Civil Guards patrol boat out of Gibraltar territorial waters

A patrol boat from the Gibraltar Squadron of the Royal Navy recently ordered a Spanish Civil Guard patrol boat to leave Gibraltar waters.

A report in Panorama, one of Gibraltar's online newspapers, today said that the Royal Navy patrol boat approached the Civil Guard vessel and "with its armament aimed at it" ordered the Spanish vessel to leave Gibraltar waters. The incident apparently occurred on Good Friday.

According to Panorama, the Spanish Government recently said it had instructed the Guardia Civil maritime section to "keep watch on the east side of the Rock", where Gibraltar is carrying out a substantial reclamation and development project, and that Spain has described such waters as Spanish.

Panorama added that the Civil Guards contacted their superiors who requested that they leave the area so as "to avoid a major diplomatic incident".

Reports of the incident are a little murky and contradictory. Some reports say the incident occurred on the East side of Gibraltar.... and say that weapons were aimed at the Civil Guard patrol boat.

However, according to reports from Agence France Presse, carried by media affiliates, the incident occurred "when the Spanish vessel was close to the western approach to the Gibraltar airport runway, which juts out into the bay".

AFP also quote a spokesperson for British Forces Gibraltar who apparently said, "it was definitely in Gibraltar waters".

AFP further report:

"The vessel - from Spain's elite Civil Guard police force - was approached by HMS Sabre, which is armed with two machine guns at its stern. The guns were manned as is standard practice. However, they were not pointed at the Spanish vessel."

Territorial Waters Dispute

This is the latest incident in, to-date, only a 'war of words' over Gibraltar's territorial waters.

Last December, the European Union, in an apparent bureaucratic wrangle, accepted a somewhat surreptitious Spanish request to list most of Gibraltar’s territorial sea as one of Spain’s protected sites under EU environmental legislation.

In doing so, the Commission ignored the fact that Britain has jurisdiction over these waters and had already designated part of them as a European protected site in 2006.

The Spanish Government argue that the waters around the Rock are Spanish, although this has always been firmly rejected by Britain.

Reporting in the Gibraltar Chronicle earlier this month, Brian Reyes wrote that Britain "continues to seek ways of reversing the European Commission’s decision to designate Gibraltar’s territorial waters as a European protected site under Spanish responsibility."

In a response to a written question in the House of Lords, Lord Malloch-Brown, Labour’s Minister of State at the Foreign and Commonwealth Office, said the British Government had taken up the issue with officials in Brussels and Spain. But he gave few other details and ducked a question from the crossbench peer Lord Kilclooney on how the situation had come about in the first.

Blanca Luz jumps on the bandwagon

As usual, our friend 'Blanca Luz', that guiding light of Spain's right wing PP opposition party, also known as José Ignacio Landaluce (Blanca Luz for short), has quickly jumped on the latest bandwagon to stir things up once again for Gibraltar.

The member of parliament of the Spanish Partido Popular, Jose Ignacio Landaluce, who (as Panorama also agrees), does not allow any opportunity to go by in his Gibraltar campaign, has said that the Spanish Government cannot allow a vessel of the armed Guardia Civil to be expelled "from its own home", alluding to the waters around Gibraltar as being Spanish.

He says this is a very serious matter that needs clarification in the Spanish parliament, where he intends to raise it. That was no doubt followed by a vigorous 'tub-thump' from 'Blanca Luz'!

Panorama adds:

"Sr Landaluce takes the view that a British patrol launch does not aim its guns at a vessel of the Civil Guards unless it is under strict orders to do so.

He calls for the possibility of Spain changing its policy on Gibraltar until what he terms the legal situation is restored, saying that the legality of the situation can 'only and exclusively' be restored by Britain recognising that the waters surrounding the Rock are Spanish."

Vigorous guard by Royal Navy Welcome

Whilst I very much hope the situation remains calm and we do not see any escalation with further incidents such as this one, especially armed ones, I do hope the Royal Navy's Gibraltar Squadron continue to guard Gibraltar's territorial waters vigorously!

Otherwise... we may need to once again bring our own great Knight... Sir Francis Drake into play!

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

Well... if not to singe the King of Spain's beard... at least we could have a go at singeing our friend Blanca Luz a little... but it'll have to be 'where the sun don't shine'... as he has very little left up top!

Gibraltar Squadron Royal Navy

HMS Sabre, wearing the pennant number P285, is one of two permanently stationed sea-going units in Gibraltar which make up the Gibraltar Squadron of the Royal Navy. Principally operating to maintain the security and integrity of Gibraltar Territorial Waters, HMS Sabre also contributes heavily to the support of Fleet and NATO assets in the area, provides support to Director Special Forces and offers general Search and Rescue assistance for the local authorities, for police, customs and rescue purposes.

More information on HMS Sabre (P285) @ Wikipedia, the free encyclopedia.

Don Quixote is alive and well and 'tilting at Gibraltar windmills'

That most famous of literary 'Hidalgos' Don Quixote is alive and well... and these days has replaced his trusty steed Rocinante... for a jet ski!

Those of you who may be unfamiliar with the term 'Hidalgo' may like to know this is a synonym term used in the ancient Spanish colonies and territories that would become known as the Kingdoms of Castile and Aragon.

The term described a Spanish 'noble' or 'hombre rico' ('rich man'), although with time it came to colloquially mean the lower-ranking gentry, the untitled, or the non-wealthy nobility (who usually may not have owned real property).

It should be noted that Hidalgos were exempt from paying taxes. Over the years the title lost its significance, especially in Spain. Kings routinely awarded the title in exchange for personal favors. By the time of the reign of the House of Bourbon, over half a million people enjoyed tax exemptions, putting tremendous strain on the state. Attempts were made to reform the title and by the early 19th century it had entirely disappeared, along with the social class it had originally signified.

The prototypical and most famous 'hidalgo' was of course the literary fictional character Don Quijote de La Mancha (Don Quixote in English). He is often referred to as 'The Hidalgo'. His possessions allowed him a meager life devoted to his reading obsession, and his concept of honour led him to emulate knights-errant.

A perfect example of a Hidalgo... or in today's parlance, a jumped up 'upstart', might be the aristocrat, politician and 'sailor' Alvaro de Marichalar... or to give him his full title, Álvaro de Marichalar y Sáenz de Tejada!

Did I hear you say rhubarb... rhubarb or was that a huge raspberry?? Oh OK then we'll call him Don Quixote de Marichalar. If it walks like a duck, talks like a duck, etc!)

Don Quixote de Marichalar (rrrrraspberry), our modern day Hidalgo, has decided to turn his attention to tilting at a few windmills in Gibraltar!

In a letter to the Gibraltar Chronicle, published today,
Don Quixote de Marichalar (rrrrraspberry) makes a scathing attack on Gibraltar, describing the Rock as "a refuge for thousands of tax free companies known as ‘brass plate’"!

Don Quixote de Marichalar (rrrrraspberry), apparently, is no stranger to Gibraltar, as he was here some years ago during one of his highly publicised jet-ski expeditions across Mediterranean ports.

In a vain and inaccurate thrust at Gibraltar's Financial centre, our modern day Don Quixote declares:

"It is a pity that the rest of Europe condones through inaction the last colony in Europe!"

Don Quixote de Marichalar (rrrrraspberry) has made a bit of a name for himself as an 'adventurer' though it's probably more accurate to describe him, in today's society, as a 'bit of a celebrity'. Apparently he is the first person to jet ski across the Atlantic (a pointless and idiotic feat to my mind... but each to his own).

Personally, I think the likes of Sir Ranulph Fiennes or Robin Knox Johnston, might have something to say about our Hidalgo being described as an 'adventurer'!

Perhaps more pointedly, our Don Quixote de Marichalar (rrrrraspberry) was forced to retire from the Spanish Air Force following an accident, having served for only two years. That's more in keeping with my impression of inept Hidalgos tilting at windmills and coming off the worst for it!

Don Quixote de Marichalar's (rrrrraspberry) credentials as an 'aristocrat' (usually known as wasters to you and me) are a little more credible though, as his grandfather was Viscount of Eza, a Minister for War with King Alfonso XIII and Mayor of Madrid. Grandad is also known for having helped establish Spain's social security system (something that our Hidalgo may be especially grateful to his Grandad for). His brother, who either has awful taste or awful eyesight, married the Infanta Eleanor of Spain, the daughter of King Juan Carlos and Queen Sofia. Maybe, in the best traditions of 'old aristrocracy' he may instead, perhaps like his brother, also have an eye for a 'good sponge'!

So, now that we have established our Hidalgo's dubious 'authoritative' credentials for commenting on Gibraltar's finance centre, we can move on to tell you what
Don Quixote de Marichalar (rrrrraspberry) had to say.

His diatribe against Gibraltar includes describing the Eastside project as "an illegal reclamation of land from Spanish waters, using platforms erected on the Spanish seabed". This, while claiming that the Rock’s main economic activity is "money laundering as stated by the GAFI-OCDE".

At best, our Hidalgo is being 'economical with the truth'. At worse, and to my mind in point of fact, he is being mendacious and mischievous, to say the least!

This mention of 'GAFI-OCDE' refers to the (Organisation for Economic Co-operation and Development or OECD in English). It relates to a report in June 2000, when Gibraltar was among 35 jurisdictions identified by the OECD as a tax havens. This report is often mentioned by Spanish politicians (and Hidalgos), when wanting to 'put the boot' into Gibraltar. What they always fail to mention is the further reports since, from both the OECD and the IMF in particular.

These Spanish politicians, (and our Hidalgo today), fail to mention that the OECD, long after the 2000 report was published, has since accepted the commitment by Gibraltar "to implement transparency and effective exchange of information for tax purposes" and has endorsed and implemented the standards required by the OECD. This is confirmed in a number of reports since and most recently in the OECD Progress Report in April 2009.

Don Quixote de Marichalar (rrrrraspberry) also said that "Gibraltar has tailored its own fiscal regulations repeatedly declared illegal by the European Commission"!

This statement is also inaccurate... or put quite simply another way... untrue!

As a result of having made a commitment in accordance with the OECD's 2001 Progress Report on the OECD's Project on Harmful Tax Practices, Gibraltar is not included in the OECD's list of uncooperative tax havens. What's more, it has also never been listed on the FATF Blacklist of uncooperative countries in the fight against money laundering. This can simply be proved by visiting the Financial Action Task Force (FATF - GAFI) website, where a search for 'Gibraltar' will reveal... NOTHING... no document related to Gibraltar. So, our Hidalgo's statement is simply a very mendacious tilt at this windmill... in other words... in simple language... a lie!

Furthermore, in 2007, the International Monetary Fund Report on the Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism once again endorsed Gibraltar’s robust regulatory environment.

According to the report:

"Gibraltar has a well-regulated financial sector.

The Gibraltar authorities are concerned with protecting the reputation and integrity of Gibraltar as a financial center, and are cognizant of the importance of adopting and applying international regulatory standards and best supervisory practices.

Gibraltar has a good reputation internationally for cooperation and information sharing."

Emphasising Gibraltar's willingness for transparency and co-operation in respect to its Finance Centre, only last week during the G20 London Summit, probably at around the same time as our Don Quixote was sharpening his mendacious quill, US Treasury Secretary Timothy Geithner and Gibraltar's Chief Minister Peter Caruana signed an agreement that will allow the two countries to exchange tax information.

Failed in flight and failed in politics

I am reliably informed that our Don Quixote de Marichalar (rrrrraspberry) has also been tilting at a few windmills in his own country. He has been having a go at Spanish national politics and not been particularly successful here either. In 2007 he joined Rosa Diez’s UP y D party (Union Progreso y Democracia). He stood for election to parliament for the province of Soria in 2008 and 'went down a storm', failed to obtain a seat, obtaining only 1,106 votes, representing a measly 1.97% of the votes cast! At least the voters of Soria know a prize bullshitter when they see one!

Our Hidalgo seems to me to be a bit of a failed fighter pilot and failed politician... but good at jet skiing, tilting at windmills and mendaciously mouthing off about matters that really don't or shouldn't concern him. He also sounds to me a bit desperate for cheap publicity!

Don Quixote de Marichalar (rrrrraspberry), in his letter to the Chronicle, makes a number of other ridiculous claims... (including one or two other lies) that I, quite frankly, cannot be bothered to answer or refute and would sooner treat them with the contempt they deserve... ignoring them... but I will answer them if pressed (please note)!!

Anyway... as a fitting final typically nonchalant and brave act, inherent in all good windmill tilters, with a flourish of his quill, our Hidalgo has also shown great insight (if not brains), in publishing his address, presumably encouraging us (or potential sponsors) to write to him. I am happy to oblige him and reproduce his address here for those of you who might want to let him know what you think:

Calle Azalea, 82 La Moraleja, 28109 Madrid Kingdom of Spain

That 'Kingdom of Spain' bit is his idea not mine! He has also made public his email address: atlantik2002@hotmail.com.

Which all rather makes life easier for those of you who may want to extend your cordial good wishes to him, in the same way as it makes it easy for those beloved SPAM harvesters, who I hope will also take full advantage (let's hope he has a good anti virus proggie but I would doubt it).

A footnote on Hidalgos

In terms of knights-errant... our particular 'Hidalgo', the subject of our piece here today... is certainly no knight... but I do believe he is 'errant'... and definitely another candidate for a truly great sailor and Knight... our very own Sir Francis Drake!

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

Tilting at Windmills - A disclaimer

In closing, I would like to point out that this 'Gibo's Tale' today, has no connection and does not refer in any way to my esteemed colleague Sancho, who excellently blogs over at Tilting at Windmills, and who may well have something to say on the subject of our Hidalgo, if and when the urge takes him!

Gibraltar territorial waters and sovereignty once more under threat from Spanish bullying

In an alarming move over Gibraltar territorial waters, the European Commission has apparently accepted a Spanish request to designate an area of Gibraltar waters as an EU environmentally-sensitive site under Spain’s responsibility.

Reports in the media say officials in Brussels did this even though much of the area included, historically, are British territorial waters and had already been listed by the UK as a European protected site nearly three years ago.

The UN Convention on the Law of the Sea 1982, which entered into force in 1995, set a new standard of 12 nautical miles. Most countries, including member states of the European Union, are signatories to the Convention. It applies to Gibraltar.

Spain added a comment regarding Gibraltar at the time of its adherence to the Convention which is of no legal effect in modifying the terms of the Convention. It does, however, record the view taken by Spain on this point, a view which no other signatory to the Convention accepts or accedes to.

Under the Convention, Gibraltar generates its own 'Territorial Sea' of 12 nautical miles, or out to median lines where other states' coastlines are under 24 nautical miles distant from Gibraltar.

The image, (top left - courtesy of gibnet.com), shows the current position to the North West and South of Gibraltar but not to the East/South East. This is because, although Spain and Morocco each have claimed the 12 nautical miles of the Convention (although Spain refuses to accept part of Morocco's calculation of the median line to the West), Gibraltar has not yet extended its legal jurisdiction from 3 to 12 miles, so part of the waters to the East/South East remain international waters, though it is open to Gibraltar to annex these waters to its jurisdiction in accordance with its rights under the UN Convention.

Now, the move by the EU officials, prompted by Spain, at the very least, is bound to create a messy legal overlap and threatens to spark yet another row over the jurisdiction of Gibraltar waters.

Both the British and Gibraltar Governments have yet to publicly react to the development, but the GSLP/Liberals Opposition last night insisted this could not go unchallenged. "This situation represents an escalation of the Spanish position in relation to Gibraltar’s territorial sea," the Opposition said.

"Madrid was initially content simply to restate their political opinion and to protest at the Eastside project or the exploration of the wreck of HMS Sussex.

This takes the dispute a step further and the UK cannot continue to look the other way at a time when Gibraltar’s sovereign rights are being challenged in such a blatant manner!"

The Spanish designation, known as Estrecho Oriental, (see image right) covers the waters off the east side of the Rock and south of Europa Point. This is precisely the area included in the EU list by the UK in 2006.

The Spanish move was also criticised yesterday by the Gibraltar Ornithological & Natural History Society (GONHS ), which also urged the Gibraltar and British Governments to take swift action to clarify the matter.

In a statement, GONHS said it was "astonishing" that the UK had either failed to spot the Spanish designation, or chosen not to challenge it.

The Spanish designation in effect gives Spain legal obligations and responsibilities over Gibraltar waters in relation to nature protection. That includes responsibility to undertake assessments and monitor these areas for wildlife, threats, and other activities with environmental implications. For GONHS, this position is unacceptable.

Let me say... for this Gibraltarian, and I am sure I echo the sentiments of ALL Gibraltarians... this position is also unacceptable to me too!

This afternoon, Gibraltar's Progressive Democratic Party also issued a statement, saying that "the designation of Gibraltar waters by Spain, as if they belonged to it, is simply part of Spain’s continuing campaign against the rights of the people of Gibraltar".

Noting Spain's current somewhat surprising belligerent mood, the PDP said:

"These instances are now becoming so common that the whole idea of a 'new' attitude prevailing in Spain (towards Gibraltar) has fallen badly into disrepute.

No-one in Gibraltar can surely believe the protestations that Spain has adopted a more modern attitude of respect to Gibraltar when the examples of Spain obstructing or attacking our rights are occurring on an almost daily basis."

The PDP make an emphatic call on the Gibraltar Government, to take this issue up in its talks with Britain and Spain. They said that the Government "needs to emphasise to Spain, in no uncertain terms, that this guerrilla warfare on all things
Gibraltarian, outside the Cordoba process, is unsustainable and will inevitably sour any prospect of an enduring climate of respect between our two communities".

In a note of sharp rebuke, the PDP ask:

"What is the point of the pretence of cooperation and respect, when outside the Cordoba talks Spain behaves in a completely different manner?"

The PDP say this latest act is "a purported assertion of Spanish sovereignty over our waters", adding that one of the issues of most concern is "that the information annexed to the particular Commission decision was 'based on data proposed, transmitted and validated by Spain and the United Kingdom' among other States". The PDP quite rightly ask:

"Why was this not spotted beforehand by the United Kingdom or Gibraltar Governments?"

Apart from making a political or diplomatic protest, the PDP are calling on the Gibraltar Government "to make representations at the highest level" to ensure that "the EU itself does not adopt the Spanish classification in its reference documents, as this, in effect, threatens our sovereignty".

The PDP statement concludes by saying that the Government should "take legal advice as to whether there are any legal routes open to it to remedy this matter".

To my mind, they should not lose any time in focussing on this. They certainly shouldn't wait for the UK to show any initiative... as I think, what with turning a blind eye to Spain's machinations in the EU in respect to Gibraltar, the falling apart of the economy and chasing banker wankers' pensions (another matter which they should not have allowed to occur in the first place!)... the Brit Government... is otherwise engaged!

When WILL Spain ever stop banging on about the sovereignty of Gibraltar?!!

Nuclear submarine collision in Gibraltar... what if?

As you may have heard on the news yesterday, both Britain and France admitted that two of their nuclear powered submarines, HMS Vanguard, armed with Trident nuclear ballistic missiles and Le Triomphant, also armed with strategic nuclear missiles, collided while submerged in the Atlantic earlier this month.

As I took in the news yesterday, I wondered how long it would be, before this event would be connected to the polemics of nuclear submarine visits to Gibraltar and transitting the Bay of Gibraltar area. Well, I didn't have long to wait.

Today, a couple of esteemed colleagues, British expats who write on matters that surround them, (and whatever else takes their fancy... ) in Southern Spain, Andalusia and Gibraltar, over at Tilting at Windmills and JimenaPulse, both made the connection to the issue in blog posts.

I suppose, understandably, they pose the question, "Nuclear submarine collision in Gibraltar - what if?"

While the usual suspects in the area, such as the 'greens', some PSOE politicians and no doubt one or two of the communities' mayors, will get all a'fluster, in their usual way... they just love any opportunity to stir this one up... there really is very little real cause for concern.

The collision, undoubtedly embarassing to both Navies, was from a point of view of nuclear threat, minimal. For starters, these submarines' hulls are designed and built to withstand extremes of pressures. Even a collision at speed would be unlikely to rupture the actual hull. The fact that these submarines enter and leave or transit the whole of the Bay of Gibraltar area at slow navigating speeds, often even being aided by tugs, (at slow speeds) makes the possibility of hull ruptures, never mind damage to reactors, through a collision, completely negligible if not farcical.

As for the nuclear weapons themselves.... the chances of one of these going BANG!... due to a collision, again is nigh on impossible. These weapons have to go through a myriad of sequential steps, before they are properly armed or able to be triggered and ready for launch.... never mind accidentally going off. It's just not physically possible for this to happen accidentally.

I know what you are thinking.... after all... they did also say the Titanic was 'unsinkable' right? But... I think we really need to get real here. Alarming the local communities about risk to life and limb... or their health is ludicrous in this particularly context, in my humble opinion.


There are much more real threats to health to all the communities in the Bay of Gibraltar. I am referring of course, to the very well documented issues of pollution in the Campo de Gibraltar area. Huge, uncontrolled and unacceptable pollution caused by the CEPSA Refinery, Acerinox and other industrial plants along with the endless and again, totally unacceptable levels of benzene, often because of bunkering activities in Gibraltar itself, that are constantly experienced throughout the area!

The Plataforma por el Estudio Epidemiologico (which includes the ESG and Bay Bucket Brigade) have been campaigning on these issues for a very long time. In November 2002, a complaint was lodged with the EU and is still awaiting a substantive response!

These groups have been seriously questioning the legality of pollution and especially benzene levels present in the Campo and Bay areas for decades.

This, to my mind, is far more worthy a cause to complain about... even to raise the alarm about... as a matter of urgency, for the better health of the people and communities of the Bay of Gibraltar and Campo de Gibraltar areas! It's long overdue. For some... it's actually too late... I suspect, yours truly included!

Will they ever stop banging on about Gibraltar's Sovereignty?

The PSOE's (Partido Socialista Obrero Español) Foreign Affairs spokesperson in the Spanish Senate, José Carracao, has re-opened the question of sovereignty over Gibraltar and the jurisdictional water surrounding the Rock.

Following what is described as a "cordial" meeting with Andrew Whittaker, the Political Affairs Secretary at the British Embassy in Madrid on Wednesday, Carracao said that the "matter of sovereignty has been put aside for too long and should be debated without further delay". Senator Carracao added:

"It is a bilateral matter that must be dealt with by Britain and Spain and can therefore not be included in the Tripartite Forum on Gibraltar".

Senator Carracao, who represents the Campo de Gibraltar in Spain’s upper chamber, also spoke of the need for better maritime control by Gibraltar, categorising the Rock’s maritime authorities as "dangerous for navigation and the environment". As an example, Senator Carracao referred to the ‘New Flame’ disaster, saying "the ship left Gibraltar without permission". He also quoted the founding of the ‘Fedra’ in October 2008, "which had engine trouble and was not reported to the maritime authorities" on the Rock.

During the meeting with Andrew Whittaker, Senator Carracao also spoke of the need for better police control at the border, expressing concerns over "an increase in tobacco smuggling that the Gibraltar authorities are doing nothing to stop". For good measure, Senator Carracao also threw in criticisms about bunkering, the landfill work at East side and the ‘Odyssey’ saga. Carracao believes Odyssey Marine Exploration are intending to return to the area to continue its search for sunken treasure.

Pulling Caruana's chain

Earlier this month, the Spanish senator also had a go at Gibraltar's Chief minister Peter Caruana, saying he should have a "permanent contact with the Mancomunidad de Municipios, the Community of Municipalities of the Campo de Gibraltar, the Junta de Andalucia and the special Spanish delegate in the Campo", presumably referring to himself. He pointed out that he has made this and other suggestions to the Spanish foreign minister Miguel Angel Moratinos.

Sr Carracao wants changes in the Tripartite Forum and is not happy with the way Mr Caruana has "elevated himself to the position of almost a secretary of State". Sr Carracao wants to bring him down to the level of the mayors in the Campo, it would appear, urging that Mr Caruana should have talks with the mayors of Algeciras, San Roque and La Linea. On the other hand he says he is not against Mr Caruana being "at a higher level", but he "should also deal with the municipalities".

Sr Carracao is also of the view that the Opposition leader Joe Bossano should be brought into the picture, because he represents a high percentage of Gibraltarians.

Sr Carracao also wants a greater Spanish economic presence in Gibraltar, he wants to see Spanish businesses established on the Rock.

For a Spanish politician with a long tradition of towing a 'soft line' on Gibraltar, these statements and new tone are quite a turnaround. It makes one wonder what his new agenda is... and why has he turned to banging on about the sovereignty of Gibraltar again? I'm sure many had hoped that the Tripartite Dialogue Forum's Cordoba Accord had put an end to all this nonsense. Well, to be fair, only a very naive optimist would ever think that Spanish politicians would stop banging on about OUR sovereignty, I suppose!

So far, I've not seen any reaction to Carracao, from either the Gibraltar Government or from the official opposition, headed by Joe Bossano. But, there is a reaction today from the somewhat (alas) sidelined Progressive Democratic Party.

In a statement issued this morning, the PDP, says "Senator Carracao’s representations to the British Government, that bilateral sovereignty talks should be opened, are a blast from the past and a reminder that fundamentally the political mood in Spain on the most important question – sovereignty – is still stuck in the past".

"Mr Carracao is the Foreign Affairs spokesman for the Governing PSOE in the Spanish Senate – he is not just another lone political voice. As such his comments are representative of a mainstream political view in the governing party in Spain. That view is clearly shared by PP politicians who have made similar comments in the recent past.

This is a stark reminder of what Gibraltar must continue to struggle against."

The PDP statement adds that they "completely reject that insistence on excluding Gibraltar and its representatives on the most important issue of concern to the people of Gibraltar".

Keith Azopardi, the leader of the PDP, concludes the statement by urging Spain to "carry out a fundamental reassessment of its position":

"Gibraltar’s sovereignty, morally, legally and politically, vests in its people. Spain must carry out a fundamental reassessment of its position on the long-term future of Gibraltar and come to accept that if we are really to move forward and enjoy a modern relationship with our neighbours!"

Well said Keith! I've always thought so too... which is why I asked, will they ever stop banging on about Gibraltar's Sovereignty?!

We've said it before and I shall repeat it here again (I use it as a intro slogan on my blog's side margin... and it's always good to remind one and all!!):

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