LLanito World

Independent Press Criticism at last?

2017-03-22T12:53:00.001+01:00

It has been refreshing to read Stephen Neish’s piece, “A Short-lived Love-in with Scotland”, in today’s Gibraltar Chronicle (22ndMarch 2017) at page 9. It is uplifting because here we have an independent commentator constructively criticising recent political initiatives of the Government: the Chief Minister’s doomed political flirtation with Nicola Sturgeon and Scotland, following Brexit and the Chief Ministers implied dig on GBC’s Direct Democracy of Gibraltar Health Authority professionals.

Such independent criticism is something that is rarely seen in our press, in recent times. The tendency overall (and unfortunately)is for political issues to become press release wars between the GSD Opposition and the GSLP Government or vice versa; thus becoming clouded (and so diminished) in the minds of the public by party political overtones.

Independent constructive criticism in a free press is a central plank of any democracy. It sound easy to achieve but in a small nation like Gibraltar, very difficult. Difficult for many reasons but, in part, because of the directness of attribution of criticism, followed by the potential (real or imagined) for retribution, by those in power or those who may get into power, against the critics themselves or, if these are out of reach, against any personthat may be in reach who is connected with the critic through family ties or other means. The result is unhealthy silencing, to the detriment of the true functioning of democracy in Gibraltar, of valid criticism that should be in the public domain.

It is important for the well functioning of democracy in Gibraltar that Stephen Neish should continue making independent and constructive criticisms and be given the medium, hopefully with a continuing column in the Gibraltar Chronicle, through which he can continue doing so. It may encourage others to do the same. Gibraltar’s democratic credentials will be hugely improved by such a development. Such activity would be encouraged, also, by the type of electoral and parliamentary reforms that I have championed for the best part of 40 years, to no avail so far despite manifesto promises to the contrary.

It is pertinent to note from Mr Neish’s piece, first, that the Chief Minister has essentially adopted the policy following Brexit that was suggested by the GSD Opposition from the start, namely, that Gibraltar should throw in its lot with Westminster. Secondly that credence is given to the GSD Opposition’s statements about discontent involving professionals at the Gibraltar Health Authority. This may lead people to think more about who is directing where Gibraltar should go.

Where is our Government on BREXIT; is it All Just Spin?

2016-12-16T13:10:00.003+01:00

Recent interventions in the UK Parliament involving the Chief Minister and David Davis, the UK BREXIT Secretary, and the reaction of the Chief Minister to Mr Davis’ interventions on the subject of Gibraltar emphatically show that there is not a sufficient inquisitive and critical press, especially the printed press, in Gibraltar, whose insightful analysis and opinion would benefit democracy greatly. The ease with which the spin of those in Government in Gibraltar, from time to time, can gloss over reality, occurrences and events without enough press question or investigation, followed by informed criticism is palpable. Mr Davis, in his evidence before the House of Commons Select Committee on Exiting the EU, cut down and clearly contradicted the assertions, on the same subject, made before the House of Lords EU Committee by the Chief Minister, yet the Chief Minister sails on without facing press criticism from much of the press.

The day before Mr Davis spoke, the Chief Minister had told the House of Lords Committee that BREXIT would be a multi-faceted deal with differentiated outcomes for different sectors of industry and parts of the UK, including Gibraltar, emphasising the differential by making reference to the possibility of a micro-sate. In clear contradiction of that assertion, Mr Davis has told the House of Commons Committee that he did not envisage a special arrangement for Gibraltar as part of the UK’s deal to leave the EU but, in a bid to leave the door very slightly ajar, added that he did not rule it out completely. Mr Davis stated, very clearly and forcefully, that “he would be loathe” to go down the route of a tailor-made BREXIT deal for Gibraltar to suit its own particular circumstances. This is an assertion in the strongest terms. The words used by Mr Davis are not mealy mouthed.

Yet the Chief Minister is allowed, without sufficient press analysis or criticism, to hang his hat on asides and to spin this by pretending that really the UK Minister expressed opinions “entirely in keeping” with the views that the Government has put to the Foreign and Commonwealth Office and the Department for Exiting the EU. Of course, these views are not public and so are unknown but to a few. However, the ability for the press to analyse and criticise remains, based on what is public. What is public shows a clear put down by Mr Davis of the Chief Minister’s primary assertion that there could be a differentiated outcome for Gibraltar in the BREXIT negotiation.

Our Chief Minister then grabs onto the best distraction issue that exists in Gibraltar: that Mr Davis said also that the primary issue for Gibraltar is British sovereignty and the argument with Spain, adding that the UK had a firm position to respect the wishes of the people of Gibraltar and that this is written in his blood. Well, it does not need to be written into the blood of the Minister. It is written into our Constitution. There is no doubt on the issue of our Britishness (sic) or the UK’s obligations in that regard. The repeated reassurances by British Ministers is what may bring it into doubt but let us understand clearly that this is not doubted in Gibraltar, it is written into our Constitution.

What is clear is that our British sovereignty, precisely because it is engraved into our Constitution, is not what is in question in the BREXIT negotiations. Consequently, it is not a primary issue in the BREXIT negotiation, as Mr Davis said also. It is a consideration only because the Spanish Government is bringing it into the equation opportunistically (as usual). What are primary issues for Gibraltar are those that the Chief Minister referred to the House of Lords Committee: achieving fluidity at the frontier and access to the EU Single market for services but, again as the Chief Minister stated clearly, undermining our British sovereignty is not a price that Gibraltar is willing to pay in return for obtaining the best outcome on these two issue.

It is of the utmost importance that, despite Mr Davis' comments, negotiations concentrate on the two issues that are of primary importance to Gibraltar, without falling into the trap of equating those with the issue of sovereignty. It may seem that one party, Spain, may do its utmost to bring the issue of sovereignty into play but the clarity by which these are separate issues must be emphasised throughout. After all, the UK’s desire to remain in the Single Market, whilst opting out of freedom of movement is another conundrum that seemingly does not have a solution right now.

Only time will tell but in a piece published in this blog on the 29^th May 2016, just before the referendum, a question was posed:

“... [Picardo as Chief Minister] and his Government will have to steer Gibraltar through the extremely difficult times that may follow a BREXIT vote. The silence of Picardo and his Government on what its policies in this eventuality are is palpable. Should the GSLP Government not be telling the people of Gibraltar what the Government’s intentions are in this eventuality? This is especially important in light of the enormous direct and indirect public borrowings that Picardo’s Government have incurred”

Well the time has come and yet we have no answer beyond that BREXIT is miraculously no longer an existential problem to our economy, as the Chief Minister said it would be prior to the referendum, and the two primary issues identified above, but what if the situation with Spain or what Mr Davis has said do not allow for these two to be achieved?

BREXIT and Border Controls

2016-12-14T12:50:00.001+01:00

The answer to the question, will BREXIT result in a change in border controls at our border, is, it depends.

The answer depends, initially, on whether there is a “hard BREXIT” or a “soft BREXIT”, in terms of whether or not the UK (with the inclusion of Gibraltar) agrees to freedom of movement, meaning the right (with few exceptions) of EU citizens to live and work in any other EU country (that would include the UK and Gibraltar after BREXIT).

Agreement to freedom of movement is inextricably linked, currently, to the subject of whether or not the UK (and Gibraltar,for services, as is the present arrangement, assuming that no other specific Treaty provisions impact on Gibraltar’s position) would remain in the EU Single Market. This membership could beeither through EFTA membership (consisting now of Norway, Iceland and Liechtenstein) or by specific agreement, as is the case with Switzerland.

The conundrum is that, seemingly, as the debate stand, the UK would wish to remain in the EU Single Market but to opt out of freedom of movement obligations. This arrangement is not acceptable presently to the remaining EU members, so there is a likelihood that freedom of movement may not continue after BREXIT.

So what different treatment would apply at the border with Spain,on the basis that freedom of movement would cease to exist? The answer is simple: applying current EU rules, there could be greater checks at our border that could cause delay, absent goodwill from Spain or special agreements.

The principle that exists currently, as a matter of EU law, whichresults in a smother and faster cross-border flow would cease to apply. This principle is that minimum checks, simply to establish identity by a rapid and straightforward check of passports or identity cards, are applied to EU citizens who enjoy freedom of movement. It is this principle that the EU inspectors criticised Spain for not applying at our border when long queues were created by action taken by Spain in recent years. It was this EU intervention that led to a return to a smooth fast flowing border.

So, absent goodwill from Spain or special agreement for our border, what EU rules would apply?

A non-EU national, for stays not exceeding 90 days in any 180-day period, needs to possess a passport with a valid visa (if a visa is required, there is much press speculation on the question of a need for a visa that remains unresolved), justify the purpose of the intended stay, show sufficient means of subsistence, not have an alert issued in the Schengen information system that would lead to refusal of entry and not be considered a threat to public policy, internal security, public heath or international relations. Entry may be refused if any of these conditions are not met, absent special reasons like humanitarian ones. Passports will be systematically stamped on entry and exit.

If all this criteria is strictly applied at our border, one can see easily (not least from past actual experience) that the required checks will cause delays on crossing; delays that would impact on our economy and that of the Campo area. One casualty could be those persons, be they Spanish nationals or other nationals, who cross the border daily to work in Gibraltar. The other casualty would be the ability of British nationals (including Gibraltarians) to live in Spain.

Regulation EC1931/2006 allows for special passes to be given, in certain circumstances, to cross-border workers travelling from a non-EU country to work in an EU member state. It does not deal with the reverse situation that would be the applicable one at our border. Accordingly, if no special overall arrangement is reached to govern our border crossing, a bilateral arrangement would be the available solution to facilitate border crossings by cross-border workers from Spain into Gibraltar. The ability of British nationals to reside in Spain would need, also, to be dealt with by agreement flowing from the negotiations.

Only time and negotiations will clarify these issues that impact on our border and those Gibraltarians who live in Spain but an understanding of the current position is needed to inform any discussion during the BREXIT process. Gibraltar did have different arrangements from the UK at the time of the original accession into the EU, when Spain was not an EU member, which indicates the ability for differences to be agreed that are applicable to Gibraltar and not the UK. Today, however, Spain is an EU member; the extent that Spain will be involved in issues that engage Gibraltar and the extent of the influence that it will yield on this front is still to be seen. Let us hope that realism and pragmatism will prevail for the benefit of the whole area, importantly the hinterland, which can ill afford an artificial and avoidable economic downturn arising out of purely political motives.

Gibraltar Social Democrats (GSD) Vision, Values and Aims.

2016-07-16T20:33:00.001+02:00

“Individuality within a Caring Society”

Each of us lives as individuals within society, as such, we are interdependent. For that to work, we must acceptpersonal responsibility for our well being and for making a future for ourselves, within a fair, caring and ordered society. Within that society the GSD believes those who can’t - and those who can, who fall on hard-times – must be helped.

We stand for a fair, ordered and caring society where individual responsibility matters.

The GSD will work to improve our society for the benefit of all and not just the few, by standing for individual rights, social justice, strong values and decency. We believe these rights and values flow from a sense of responsibility, a strong community, equal opportunity and equal rights. Unjust elements within our society must be tackled.

This vision hinges on clear policies, achievable within our financial means in a British Gibraltar.

We would:

Recognise the right of individuals to live within the law, as freely and unfettered by government intervention as possible, while protecting the common good;

Enhance democratic, open and accountable government and administration with consultation, reforms and measured decentralisation;

Manage public funds, all funds used for public endsand public spending prudently, openly and transparently;

Stimulate economic growth by both encouraging private investment and by supporting workers’ movements and the trade unions;

Only invest public moneys in commercial enterprises that are essential, and not in a way that discourages, interferes or competes with private enterprise;

Improve public services in all fields, including health care, elderly care, child care, and housing;

Assist the less privileged through social services and, where right and possible, with reasonable financial help, without encouraging a culture of reliance;

Develop education, training and skills, and increase opportunities for economic diversification;

Support good sports, leisure, arts and culturefacilities and an enhanced historical awareness as an expression of our unique national identity;

Place the environment at the core of our thinking;

Advance self-determination;

Deal with discrimination and prejudice, for any reason inclusive of gender, sexual orientation, race or skin colour, disability or religion, by promoting diversity and taking personal responsibility for our place in society; and

Encourage a stable, peaceful and law abiding community, in part, by raising awareness of civic responsibility and addressing the growing culture of entitlement.

Does Picardo have BREXIT Plan?

2016-05-29T14:23:00.001+02:00

The Independent newspaper in the UK has suggested that Picardo said that if BREXIT happened Gibraltar would seek a joint sovereignty arrangement with Spain.

That newspaper has corrected that statement following representations made by Picardo. So we should accept that there has been a misquote.

However, this incident highlights one important matter. It is that Picardo is Chief Minister. Consequently he and his Government will have to steer Gibraltar through the extremely difficult times that may follow a BREXIT vote.

The silence of Picardo and his Government on what its policies in this eventuality are is palpable. Should the GSLP Government not be telling the people of Gibraltar what the Government's intentions are in this eventuality? This is especially important in light of the enormous direct and indirect public borrowing that Picardo's Government have incurred.

This borrowing has weakened Gibraltar's ability to fend off the economic effects that may result from a BREXIT. This has been gross irresponsibility on the part of the GSLP Government. It contrasts sharply with the Bossano GSLP government of 1988 to 1996. At that time the "rainy day" fund was paramount.

My Radio Broadcast of 20th November 2015

2015-11-23T12:53:00.002+01:00

Some have questioned my involvement in frontline politics with the GSD. My support for a party is not based on dogma. It is based on adherence to core political values. Mine are those of a social democrat and not of a socialist of the type and nature exemplified by the GSLP: to me the politics of the GSLP are neither socialism nor social democracy. The politics of the GSLP are the politics of convenience based on buying votes using savers money, irrespective of the wellbeing of Gibraltar as a whole or its future generations. I do not believe that these are the politics that voters in Gibraltar want, however much some (and it is a few) gain personally or enrich themselves from such politics.

I have no hesitation in saying that I have voted GSD at every election, except in the 2011 election at which I split my vote. I realise now that this was a mistake in light of the GSLP’s failures to make good its manifesto promises to improve democracy in and provide good government for Gibraltar. My passion for decades has been to improve the democratic offering in Gibraltar and systemically reduce the chances of bad government. The GSD has adopted policies that will help me to deliver on my passion.

The GSLP made empty promises on issues of good government in its 2011 Manifesto. The GSLP promised a more inclusive, less divisive and positive style of government, that it would return government to the people, ensure that ministers are servants of the people, that a government is not elected to ‘reign’ over the citizens”, that the GSLP do not believe that one man should be the government, they committed to a root and branch reform of the way our democracy works, they said that such reform must be designed to give people a greater voice in the way government and parliament function and they promised to promote free speech amongst all citizens.

When you come to vote you will be the judges of whether the GSLP have delivered on these promises. I do not consider that the GSLP have done so. The GSD considers that The GSLP have singularly failed to deliver on any of these. What the GSLP have done is to pay lip service to their promises by having more meetings of parliament but using the system not to advance open and transparent government, so much so that lies have been said in Parliament and questions asked by the GSD have not been answered purposefully.

In fact Fabian Picardo has used his absolute privilege in Parliament to make serious and false accusations using venomous language against Daniel Feetham, without the Speaker protecting Mr Feetham. I refer to the incident when Mr Picardo untruthfully alleged that Mr Feetham had corruptly promised favours in exchange for the Lloyd’s Report on LNG and that he had conspired to deprive young children, the elderly and disabled of electricity: accusations that Mr Picardo has cowardly refused to make outside Parliament and so become susceptible to a financial claim for defamation.

The very essence of free speech, the cathedral of which is Parliament, is precisely that one must suffer the expression of views by others, which one considers repellent, especially those of minorities, like the Opposition. Well the GSD wants to return Parliament to being the cathedral of free speech in Gibraltar. If the cathedral of free speech itself is violated, which is what the GSLP have done, then where does that leave the right of free speech that everyone should enjoy? I would suggest in tatters, as has happened in Gibraltar under every GSLP administration.

How the GSD will deliver better government and more democracy to Gibraltar is set out in detail in our Manifesto. Briefly, the GSD will follow open and transparent processes in non-civil service public employment and in tendering for government and government related contracts.

It will enforce laws to prevent corruption and cronyism and afford the necessary environment and protections for investigation of both. The GSLP acknowledged the existence of corruption in its 2011 manifesto. The GSLP failed to introduce the anti-corruption and anti-bribery authority that it promised. The authority’s remit was to be to “... work with the Attorney General and seconded officers of the RGP in the investigation and prosecution of corruption ... starting in 1988”. Now, the GSLP in its 2015 Manifesto says that the RGP are resourced to deal with this. Can you believe the GSLP will meet its commitment?

The GSD will introduce reforms to improve parliamentary democracy aimed at reinstating the supremacy of Parliament to achieve true democratic and fair government. It will do so by separating the executive and legislature by the election of backbenchers who will not be eligible for appointment as ministers by the Chief Minister. It will restore the Rule of Law.

The criticism that backbenchers will increase public costs is not a criticism at all. The entire cost of 8 backbenchers will not exceed approximately £150,000. Returning 2 or 3 public posts filled by the GSLP Government from the private sector to reasonable salaries will pay for this, with an additional saving in excess of £500,000. The benefit of the separation of powers to improve democracy and deliver better government more than compensates for this additional cost.

The choice is clear: more of the same opportunism from the GSLP or giving the GSD an opportunity to improve the democratic and good governance offer in Gibraltar. I would urge you to think carefully, not least because a vote for the GSLP is a vote in favour of an LNG plant at the end of the North Mole and for a stadium at Lathbury Barracks, once built these will be there for decades. Careful thought will lead you to conclude that a vote for the GSD is the right vote. We offer many other exciting and affordable promises. The GSLP continue now to promise everything that costs and is expensive. I suggest Gibraltar and its future generations cannot afford the GSLP. The GSD is not for austerity. It is for prudence by cutting bad and unnecessary expenditure and wastage.

The GSD is a team of competent persons. It is a vote for a team not for an individual who will be Chief Minister. On the 26^th November use your privilege of voting. Vote GSD, vote for Danny Feetham, Roy Clinton, Trevor Hammond, Marlene Hassan, Kim Karnani, Lawrence Llamas, Elliott Philips, Edwin Reyes, Chris White and myself Robert Vasquez.

Thank you.

A Reply to False Propaganda from Picardo and Isola

2015-11-22T10:58:00.000+01:00

It has come to my attention that Fabian Picardo and Albert Isola have taken to selectively quoting from my writings in this blog to discredit me. I make no apology for what I have written in the past, which writings were relevant at the time of writing. What I do take objection to is that they should quote me selectively and out of context. To do this is to give a false and propagandist twist to views and opinions expressed by me; views that were relevant at particular junctures in time and in context and many that remain relevant at this election.

It is also cowardly to make these comments at rallies and events at which I am not present to give a reply but should I expect more from these two individuals? I do not think so. They act, as usual, in a cowardly manner to give a wrong picture by selectively quoting: it is par for the course from a party that believes more in spin and lies than reality.

At that time, 2010 and 2011, I was an independent thinker and writer giving my independent opinions on many issues: a member of no party trying to promote independents to have a say in politics in Gibraltar. This was a personal crusade that did not succeed. The main theme running through many of my writings was the need for open, transparent and fair government in Gibraltar and more democracy. An opinion that I still stand by and which the GSD espouses at this election campaign.

I continue to be an independent and radical thinker on the subject of open, transparent and fair government and my desire to achieve better democracy. I will work tirelessly to achieve my objective on these fronts. The only change is that I will do so within the GSD party. Doing so does not mean I cannot or will not achieve my objective, shared by the GSD, to give Gibraltar more open, transparent and fair government with greater democracy. The GSD manifesto includes important policies on this front that will take Gibraltar far. My involvement in the GSD simply gives the achievement of these objectives greater credibility, not least, because those who know mw know that it has been my passion for 40 years.

Let us see what the GSLP promised in its 2011 Manifesto. They promised:

"more inclusive less divisive and positive style of government".

"We will return government to the people"

"to ensure that Ministers are servants of the people"

"a government is not elected to 'reign' over citizens"

"We do not believe that one man should be the government"

We are ..."committed to a root and branch reform of the way our democracy works ... such reform must be designed to give people a greater voice in the way government and parliament function."

We will ... "promote free speech amongst all citizens."

Well, I would ask all those who are said at the Chamber of Commerce dinner to have laughed when Picardo selectively quoted my writings out of context whether the GSLP promises have been achieved and whether the failure of the GSLP to deliver on these manifesto promise is one to be critical of the GSLP about.

All the GSLP have done is to tinker around the edges without making any fundamental changes to deliver what the GSLP promised in its 201 manifesto. More meetings of Parliament, yes, but meetings at which lies are told and important questions are not answered, mostly on the important subject of public finances and the use of savers' money.

I ask the members of the Chamber of Commerce whether their businesses function within a fair system, where some have access to secret loans from Credit Finance Company Limited and others do not, in a secret system where not even the method of application for a loan is known? Fair competition, indeed!

The election on Thursday is about different visions. A vision of prudence, fairness, openness, transparency and greater democracy that is espoused by the GSD or the profligacy and opaqueness of the GSLP that will not take Gibraltar to the good place that it should be.

The choice is simple, continue to endanger our economic stability and so our political stability with a GSLP government for short term gain and long term pain, or seek prudence with the GSD to ensure our continued political independence and economic stability for the good of ourselves and future generations. It is about whether you want a dangerous power station in the wrong location that will be there for decades or a safe power station in the right place. It is about a stadium in the wrong place or in the right place and many more issues. It is about taking the right decision now or a decision that will lead to the wrong decisions that will remain with us for decades.

It is no laughing matter!

Corruption

2015-11-19T07:56:00.001+01:00

Last night at the GFSB Picardo accosted me in bullying terms because I had dared air the issue of corruption in general terms and without pointing the finger at anyone or any group of people. Well Picardo I have no fear of airing a subject that is so much in the public interest that it is talked about in whispers on a daily basis.

I will talk and write about it especially when you try to bully me into not doing so. A tactic that I fail to understand why you adopt when the corruption issue features in your own party's manifesto in 2011. You have committed to establish an anti-corruption commission. Surely you would not have made this commitment involving cost if you did not feel there is corruption in Gibraltar?

It is an issue that in the public interest needs to be debated and needs to be brought out in the open. It is not a subject that I have aired now because you have been in government. It is a subject that I wrote about in 2011. Indeed, I put forward the idea of an anti-corruption body then in the blog that I wrote in 2011 on that subject. It was because I wrote about it that you made your manifesto commitment and then singularly failed to implement it.

So yes, Picardo, I will say it over and over again: there is corruption in Gibraltar that needs to be stopped and you agree with me. However the right atmosphere needs to be created by having appropriate legislation to protect those who make reports that would lead to investigations, the collection of evidence and then the necessary convictions and punishment.

The "Undecided"

2015-11-18T11:28:00.001+01:00

One of the most significant features of the current electoral campaign are the undecided voters (who are not shown at all in the latest GBC poll) , without diminishing the significance of the voters who will vote blank.

The group who will vote blank are exercising a democratic right. Others have written about the ineffectiveness in reality of voting blank. I will limit myself to urging them to think about their intentions carefully. A blank vote really send only a message of disaffection: that message falls on deaf ears, unless those who are disaffected engage as candidates with a view to changing the system against which they are rebelling. I have done precisely that: I will try my hardest to change and improve the system in manner that will reduce the confrontation that exists in politics and Parliament today. It will be a slow process but it has to be started and once started, hopefully, it will progress to fruition in a good place.

I am sure undecided and blank voters have a view on the power plant, on the stadium or on public debt or on some other area of policy. Blank voters should consider exercising their right to vote for people who share their view, even if it is on one issue. The undecided have an easier task because they will decide and vote. Each group should remember that if the power plant and/or stadium is built in the wrong location, it will remain in the wrong location for decades. If our public finances are mismanaged to the point of our debt not being affordable, the repercussions for Gibraltar especially, in light of our issues with Spain, do not bear thinking about.

I would urge the undecided to carefully consider policies but also to carefully consider the vision of each party. The GSD has a vision of care, prudence, fairness, transparency and openness. The GSLP have reverted to their opaque past, pretending, for example, to be fair and open when the reality shows that they hide a substantial part of the public debt and refuse to answer questions in Parliament. The GSLP reality is also that they stampeded onwards with a project like the power station at North Mole without the necessary safety reports and without following the processes required by law to be followed. For example, public consultation required by law has not taken place. What is the purpose of a legally required public consultation if contracts have already been signed and construction has started? It will simply be a cynical process. It displays the same cynicism that the GSLP display towards everyone about everything. I could go on but I think I make the point.

The GSLP keep reminding everyone of situations that they consider to be past mistakes of the GSD without reminding anyone of the great things that were achieved for Gibraltar by the GSD in its 4 terms of office. Well that argument about alleged past mistakes does not justify their own failures: for example, to build a car park under Commonwealth Park or two stories on Laguna and Glacis Estate as well as the roofing, to provide greater democracy and to do away with corruption and 'enchufes' by setting up an anti-corruption body. That argument made by the GSLP is an admission of their own wrongs because two wrongs do not make a right!

I believe that people should vote. I believe that the undecided are undecided because they are unhappy with the GSLP Government. I would urge them to go and vote and obviously to vote for the GSD but importantly to exercise their democratic right to vote. After all, now, that same democratic vote means so much more: ever since the GSD achieved the major advances with the 2006 Constitution, our Parliament has so much more power that can be used by the right people for the benefit of Gibraltar. Make sure that this enlarged power is used constructively and works for Gibraltar by voting for the careful, prudent and democratic GSD vision.

Enhanced Democracy and Good Government

2015-11-17T13:02:00.001+01:00

My responsibility within the GSD is to enhance democracy by changing the existing system with the objective of improving government. I have had a passion to achieve this for all my working life as a lawyer in Gibraltar. I have not been a lawyer exclusively, however. I have engaged in trying to achieve my passion for enhanced democracy and good government for many years from the outside.

In 1972, I advocated student grants for all in a letter to the Chronicle, which did not happen until the late 1980’s. Early in my career, in 1978, I started the “Ratepayers and Taxpayers Association” to lobby governments for their rights. More recently I appeared before the Parliamentary Commission on constitutional advancement that led to the 2006 Constitution. I pushed for improved democracy.

I did not believe the 2006 Constitution enhanced democracy,so I joined and led the “NO Campaign”, arguing that the 2006 Constitution should have allowed for more democracy. I believe that transferring more power to our Parliament and Government required more democratic safeguards. Soon afterwards in 2009, I wrote for 2 years an independent blog,“Llanito World”. This influenced policies in the 2011 General Election but has not led to meaningful reforms.

Today the GSD have given me a platform from which to push for systemic democratic changes as a frontline candidate. The GSD is a cohesive team under the indefatigable leadership of Danny Feetham, who is maligned, unfairly. The GSD is a team made up of individuals of unmatched judgment and knowledge in each of their fields.

You have a choice of visions: the GSD offer a better vision for Gibraltar. It is an inclusive party with moderate policies but without fearing radicalism, where it is needed. Its policies include democratic safeguards, fairness, openness and transparency and a return to good government. Our vision means a return to prudent public spending, no, not austerity,but, yes, cutting unnecessary expenditure and waste.

The GSD will achieve its vision through all its policies but will cement its vision through a systemic reform of administrative, governmental and democratic processes. We will establish open and transparent processes in tendering for public contracts, including those of government owned companies, and in employment direct into the public service. We will seek the enforcement of laws dealing with and introduce systems to prevent corruption and cronyism. We will foster a sense that all MPs on a cross-party basis can work together on fundamental issues, such as international affairs. We will protect against lying in Parliament. We will ensure the electorate feel a part of the democratic process by a petition system and financing challenges asserting fundamental rights and breaches of the Rule of Law. We will introduce a separation of powers and improve accountability with checks and balances, and thus counteract the perception of an all powerful Chief Minister. We will resource the Opposition. We will review the Ministerial Code and MPs’ Code of Conduct. We will publish a Civil Service Code, after consultation, to protect Civil Servants by re-establishing lines of separation between Ministers and Civil Servants.

The GSLP have failed in all these areas despite their manifesto promises. They have little interest in constructive reforms to better democracy and government beyond tinkering at the edges: more meetings of Parliament but not answering questions! They squander money to please and get the support of part of the electorate. Overspending must stop; it weakens Gibraltar’s ability to defend its interests, especially in the international arena.

The GSD is intent on reversing the GSLP’s destructive course. I have fought for improving democracy with the AACR, the GSLP and, even, the GSD, when each was in government. For me this opportunity to join frontline politics, which the GSD have given me, is but the next stage of my lifelong campaign to achieve my passion.

Vote for the GSD at the forthcoming general election: we will deliver what we say.

Top 10 Policies

2015-11-09T10:41:00.001+01:00

The GSD is a new invigorated team. Our primary objective is to restore security and peace of mind, to govern Gibraltar in an open, fair and transparent manner and to respect the role of Parliament in challenging the Government and to uphold the rule of law. The GSD will assess the true state of public finances upon being elected by investigating the web that the GSLP/Liberals have created over the last 4 years to move to use hundreds of millions of pounds of savers money.

The GSD will implement policies in accordance with what is affordable. There will be no austerity. What the GSLP/Liberals are calling “austerity” is the GSD rightly targeting and cutting out bad spending and wastage of the GSLP/Liberals; much of this lavishness is attributable to Mr Picardo himself. Over the last 4 years, he has become the most extravagant and wasteful Chief Minister in Gibraltar’s history. Even Mr Bossano has publicly chastised Ministers for over-spending- he called it being brainwashed by consultants!

The principal elements of these policies are:

1. In education. and training the GSD will provide a new co-educational secondary school at Rooke, improve current schools, start an apprenticeship programme for real jobs and introduce a dedicated careers advice service and student counselling.

2. In democracy, the GSD will follow open and transparent processes in non-civil service public employment and tendering for government and government related contracts and enforce laws to prevent corruption and cronyism. We will make reforms to improve parliamentary democracy, reinstating the supremacy of Parliament.

3. In environment and power, the GSD say no to LNG: it is dangerous to our citizens, will build a new power station at Lathbury away from densely populated areas, upgrade the electricity grid, encourage the use of renewable energy sources, provide a new sewage treatment plant and encourage electrical transport means and cycling.

4. In the public sector, the GSD will work with the public sector and unions to motivate staff, invigorate working practices and provide a first class service, provide adequate training and professional development, develop succession planning and substitution criteria at different levels, advertise external posts in the public service and provide parliamentary explanations for any post attracting a salary of £60,000 or SEO equivalent, and appoint a minister with responsibility for the public service not being the Chief Minister.

5. In housing, the GSD will continue to provide social housing but will deal with a culture of entitlement so as to control cost and ensure fairness, so means testing for new applicants will be introduced, as will zero tolerance for rent arrears and vandalism. Works on estates will be completed and flat sharing introduced. Naturalised Gibraltarians who have 10 years pre-naturalisation residence will be eligible to buy affordable housing.

6. In social services, will deal with domestic violence and abuse, pass the UN Convention on the Rights of the Disabled into law, bring into the benefits system those disabled after birth, improve opportunities for the disabled within secondary education, and introduce fair employment in social services.

7. In taxation and business, the GSD will simplify the tax system, improve PAYE to prevent overpayments for overtime earnings, continue to develop the finance centre and, in the event of BREXIT, seek alternative markets for the finance centre, establish start up incubators for business, introduce a 1 year Social Security holiday for first time employees and lower rates for certain businesses.

8. In health, the GSD will make GPs the centre of all health communications, paediatric nurses will visit schools, instigate a family planning clinic and teenage drop in service, ensure workings of Primary Care Centre, establish an Alzheimer and dementia centre and provide supported housing and employment for mental health patients.

9. In public finances, the GSD will ensure that the Chief Minister will no longer to act as Minister responsible for Public Finances, the Financial Secretary will answer questions in Parliament, government companies will be reviewed by the Principal Auditor after an independent audit of all is undertaken to determine the true level of public debt, parliamentary approval will be required for all government companies, the Savings Bank will not be used to finance Government projects, Credit Finance Company to be investigated and liquidated and specific savings products will be designed for pensioners and first time home buyers.

10. In the “forgotten agencies”, will strengthen the Housing and Works Agency to enable it to undertake the public works it was intended to undertake, favourably harmonising conditions within the Borders and Coastguard Agency and improve its role to achieve its original purpose, favourably harmonise annual and sick leave within the Gibraltar Bus Company and other Government companies and employment schemes and work with the Gibraltar Defence Police Federation and the MoD to safeguard security and find means to reward members of the force appropriately when performing duties equivalent to the Royal Gibraltar Police.

There is no doubt the GSD will deliver a better Gibraltar. It is your vote that will allow it to do so. Additional information on all our policies is available on www.GSD.gi.

The Leader of the GSD

2015-10-13T17:18:00.001+02:00

After the last election in 2011 and following Sir Peter Caruana's decision to step down as leader of the GSD, the GSD elected Danny Feetham to lead it. He became the leader of the Opposition consequently. He was filling extremely big shoes: Sir Peter had led the GSD for many years and been Chief Minister of Gibraltar for 4 consecutive terms. Sir Peter's leadership of the GSD is recognised by all and by me as having been brilliant and of great benefit to Gibraltar, despite my view as a then independent observer, that there were some policy shortcomings.

It is true to say that without the Opposition in Parliament and without opposition outside Parliament there is no democracy, there is one party autocracy. The role of the Opposition in Parliament is of even greater importance in the absence of an analytical press that includes widespread comment and in a small place where Governments can exert pressure and provide incentives to colour individual and corporate opinion and opinions of groupings; consequently the opposition's role in Gibraltar has added importance. This importance is especially so in a system that does not separate the executive arm from the legislative arm of Government, which alone is also a democratic deficit. This a democratic deficit that I have for decades highlighted exists in Gibraltar. The GSD has given me now a platform from which, if I am elected into Parliament, I can make efforts to redress that deficit to a sufficient degree.

It is not to exaggerate to say that, without Danny Feetham, the GSLP/Liberal Government would have had a virtually free ride over the last 4 years in Government. Danny Feetham has virtually single handed maintained an Opposition and opposition to the GSLP/Government. His persistence and stoicism means that today the GSD have a full team of worthy candidates to fight the imminent election. He has had a difficult task but he has not shied away from it. Gibraltar owes him a debt of gratitude. He is worthy and has the qualities to be Gibraltar's next Chief Minister supported by a great team that includes members with unmatched expertise in their respective fields. He has recently written that an important role for him, as Leader of the Opposition, is, in part, to hold the Government to account on behalf of all citizens and despite having to take up unpopular issues to do so. He is right in what he say and it benefits Gibraltar to have someone, performing the role of Leader of the Opposition, who understands that part of the role.

There are many who say that they would vote for one party or the other if someone else was the leader or if one two or more of the candidates of that party were different. This view is understandable but should it inform how one votes? The electoral system that currently exists in Gibraltar allows for voting for individuals but that is not the best use of a vote until and if the system is reformed. Today one should look at policies and visions and not personalities or individual candidates. I believe that when the electoral campaign starts and manifestos are published it will be seen that the policies and vision of the GSD will convince: it is a vision for your family, yourself and for future generations. Do not let the dislike of any one or other candidates put you off voting for the right vision and so give the advantage to the wrong party: in the end you are voting for a team when you vote GSD.

My Involvement in Frontline Politics with the GSD

2015-10-09T16:18:00.001+02:00

My Involvement in Frontline Politics with the GSD

I believe that the time has come to revive my blog Llanito World, so here goes my first blog in nearly 4 years! I guess some are asking why I am involving myself in frontline politics and why with the GSD?

The answer is actually terribly simple, I have always supported the vision of the GSD and I have always voted GSD save for a mistaken split vote at the 2011 election. I share the vision of the GSD and despite believing that the GSLP had changed its spot prior to the 2011 election (hence my splitting my vote) I have seen and experienced the truthfulness of the old saying “a leopard never changes its spots”! Los enchufes siguen y se ponen peor and “they overspend and we pay”!

The GSD may not have performed in the past to the full level that I may have expected, as shown by my criticisms in this blog, but they did perform. They did it with a large element of sobriety, honesty and trust that is fast disappearing once again: that saddens me as a lover of Gibraltar.

I have campaigned for better government and enhanced democracy in Gibraltar all my life. Regrettably only very small steps have been taken in the past to achieve this objective. I have learnt to look forward, however, and today the GSD have given me a platform to achieve my ambition for Gibraltar. I have decided to take that platform both for reasons of giving of myself to public service but also because my personal circumstances permit me to do it now. I do it, also, because Sir Peter Caruana’s GSD ensured in the 2006 Constitution that the desire to enlarge Parliament and change the electoral system could be achieved. I thank Sir Peter and his foresight for that!

The influence that I have had recently in formulating GSD policy on the issue of enhanced democracy and good government will become obvious once the GSD unveils its policies and publishes its Manifesto for the imminent election. I will emphasise that the choice at this election is a choice of visions and not a choice between two parties. The vision of the GSD is one of democracy, fairness, openness, transparency and accountability, including accountability in public finances where there is much to be concerned about. All this is to be achieved by systemic changes and reforms and not by idle promises; systemic changes proposed by the GSD that will be made clear in our manifesto and as the election campaign develops. The GSLP promised this change in its 2011 manifesto but, other than tinkering on the edges, it has failed to make any meaningful difference.

I thank Danny Feetham, a much and unfairly maligned individual, for listening to me and allowing me to influence policy in the GSD on enhanced democracy and good governance. Democracy in Gibraltar would have suffered an enormous set back without the indefatigable efforts of Danny Feetham to continue the responsibilities of the Opposition: government without opposition is not democracy. Gibraltar owes him a debt of gratitude for that. He has a team around him now that is a real squad. It is a team that supports him: you will be voting for that team and not Danny Feetham alone. Believe me, the candidates in the GSD team and I and are independent thinkers that will not be taken to where they do not want to go by any leader of any party! I think that, in my case, I have proven that in my writings on this blog!

Ok bring on the criticism and questions ... I love it but I love Gibraltar more!

BLOG CLOSURE

2011-12-14T12:06:00.001+01:00

THIS BLOG IS CLOSED FOR THE PRESENT

NO FURTHER COMMENTS WILL BE PUBLISHED

I WISH TO THANK ALL READERS AND CONTRIBUTORS

I AM SURE THAT ALL COMMENTS WILL INFLUENCE THE FINAL VERSION OF THE BOOK THAT WILL EVOLVE OUT OF THIS BLOG

THANK YOU ONCE AGAIN!

Here Ends this Blog

2011-12-02T09:54:00.001+01:00

I consider that I have written about all that I wished to see happen in democracy and politics in Gibraltar for the present. I was a very early user of the World Wide Web for political purposes in the exercise of the right to freedom of speech. It cost me my position on the Financial Services Commission. There are now several Facebook sites dedicated to free political discussion, which provide the important venue for the voice of people to be heard and heeded.

The recently published Manifestos of each of the GSD, GSLP/Liberal Alliance and the PDP contain in varying degrees political reforms that I have been advocating. This is good to see. I believe that, today, democratic politics in Gibraltar is in a better place than it was before this blog started. I hope that the manifesto promises are not cynical promises to be broken.

Political parties should by now realise that voters will punish them for broken promises by exercising their rights to freedom of speech on the World Wide Web. The party that is elected into Government on the 8th December 2011 should remember that, as should all opposition parties who aspire to govern. The face of politics in Gibraltar and elsewhere is changed for ever.

I wish all the parties contesting this election the best of fortune. I urge them always to remember that they are each the servants of the people of Gibraltar. I pray that, in varying degrees depending on their respective roles, all will serve Gibraltar with the ambition of taking the collective that is Gibraltar always to a better place. Improvement is constantly available and possible. I pray that whoever is elected will put any bitterness and aggression that there may have been in the past behind them. I pray that whoever forms government will look positively to the future and govern to the best of its ability within the parameters permitted in a democracy and by the Rule of Law.

Finally, I will now quietly write the book that this blog has become. It may never be published but it will keep me out of mischief for several months. I thank all the readers and contributors to this blog. I never expected to get many readers. I wrote much of it to get my own thoughts off my chest for therapeutic reasons :) little expecting that I would average 1000 hits a day. I trust that I have provided a beneficial service to Gibraltar, although, some may not think so, I believe that I have. Thank you all readers, without you this blog would have been a sterile exercise.

However, for the next few days I will be giving my views on the election campaign on www.yourgibraltartv.com so see you all there.

An Illegal Air Terminal?

2011-11-27T08:27:00.001+01:00

I have no doubt that Gibraltar's Air Terminal needed improvement. I also have no doubt that before spending 75,000,000 Euros, the GSD Government should have resolved Gibraltar's energy problems. Energy, in the form of electricity generation, is the lifeline of Gibraltar and its economy. No electricity equals no economy, today we are relying on skid or "emergency" generators. I have asked the question, how is this to be resolved, over and over again without a reply being forthcoming from any political party but importantly not the GSD Government who have been in power for the past 16 years.

Now, to add to the issue of bad prioritisation of expenditure, I wonder how people will feel if I were to suggests that the new Air Terminal has been built illegally? That is what I will argue in this blog because it is a prime example of a lack of good governance in Gibraltar. It would be right to say that an argument of illegality on many projects could be made against most past governments of Gibraltar. There is now one major difference: the new Constitution. In the past Governors have had more power, under the new Constitution, the GSD Government have been the first Government to have had more power: with power comes responsibility.

There is a basic requirement under the British system of government that everything must be done according to law. This requirement applies equally to a government, by which I mean the executive arm of government. In Gibraltar (because we have a subsidiary Parliament) this means that an Act of Parliament is required to authorise a government to do anything. The additional layer to this rule is that "... government should be conducted within a framework of recognised rules and principles which restrict discretionary power." (Wade - Administrative Law 5th Edition). All of these are the core principles that underpin parliamentary democracy. It is the basis of the principle of Parliamentary Supremacy, which in Gibraltar is only curtailed by the Constitution.

It is only by this principle of the Rule of Law that power flows back to the people through the medium of an election and so underpins democracy. It is only by the strict adherence to this most basic of rules that a government is accountable to the people who elect it. It is through parliamentary debate and questions that Minister are brought to account in a democracy. The only other remedy is recourse to the Courts because governments and Ministers are equally liable for injury as any citizen if they act outside their powers granted by law. This is known by lawyers as acting ultra vires.

Let me now turn to the issue of the new Air Terminal. Armed with this very basic knowledge of Administrative and Constitutional law, which any lawyer worth his salt will know, I decided to research how the construction of the new Air Terminal had been authorised by law. Lo and behold I have discovered that there is no law that allows the Government to build an air terminal. It seems to have been built in exercise by the GSD Government of a power that it does not have in law. Its construction has never been authorised by Parliament. It seems to have been built on the basis of Ministerial diktat worthy of Soviet Russia or maybe even Franco's Spain.

Having come to this conclusion, I decided to consider the potential repercussions of this situation. The first, undoubtedly is that it undermines all the principles of democracy because it sidesteps the democratic safeguard provided by Parliament. The second is that it is palpable and incontrovertible evidence (if any further evidence were to be needed) of a breach of the 1996 GSD promise of open, transparent, accountable and democratic government. The third is an analysis of the potential financial consequences of such a huge mess.

In order to unravel this huge mess I went first to the new Constitution. Government Finances are dealt with in Chapter VII of the New Constitution. This deals with the requirement that all government revenues (except as authorised otherwise by an Act of Parliament) have to be paid into the Consolidated Fund. No money can be withdrawn unless charged on the Consolidated Fund by the Constitution or an Act of Parliament or as permitted by an Appropriation Act. Neither the Constitution nor any other Act of Parliament charges the expenditure to construct an Air Terminal on the Consolidated Fund. Therefore this throws us back to an Appropriation Act.

Section 69 of the Constitution requires the Minister for Finance to prepare and lay before Parliament "... estimates of the revenue and expenditure of Gibraltar ...". It is this provision that founds the basis of an Appropriation Act, which is what authorises withdrawals of government expenditure. I went, therefore, to the Appropriation Act 2011. Sure enough, no mention of expenditure for a new Air Terminal, but there was an "Improvement and Development Fund" amounting to £95,887,000. One assumes that the cost of the new Air Terminal is included in this figure.

The question that then arises is, is this appropriation sufficient legal authority to permit the GSD Government to construct an Air Terminal? I can only answer this question with a "NO". First an Appropriation Act only authorises withdrawal of expenditure and not the doing of any act. Second, I would refer the reader to the words that I emphasised in bold in the immediately preceding paragraph. Only expenditure that is "... of Gibraltar ..." can be authorised by an Appropriation Act. How can the expenditure on the illegal and so ultra vires construction of an air terminal be " ... expenditure of Gibraltar ..."? It cannot be precisely because if it is illegal it is not "... for Gibraltar ...". If I am right (I believe that my legal analysis is correct), then, the inclusion of any expenditure in the Appropriation Act for the Air Terminal is an attempt to fund an unconstitutional act and so also illegal and ultra vires.

What are the repercussions of this illegality? In my view the first is that, under section 74 of the the new Constitution, the Principal Auditor has the exclusive and unfettered duty to audit and report on the public accounts of Gibraltar. An audit includes a requirement to ensure the legality and vires of any expenditure. In this regard those who have had anything to do with any illegal expenditure should bear in mind the provisions of section 68 of the Public Finance (Control and Audit) Act. This section makes any public officer personally liable for improper or illegal expenditure, if the Financial Secretary considers that it has been incurred negligently, carelessly or by the default of any public officer. Readers should bear in mind that Ministers are also public officers.

The second repercussion is that under the new Constitution the responsibility to ensure good governance in Gibraltar lies with the UK Government and is exercised through the office of the Governor. I ask myself, can it be good government to be governed outside the Rule of Law? If my argument is correct (I believe it is) it cannot be good government for the construction of an air terminal at a cost of 75,000,000 Euros to have been undertaken without the authority of a law. At the very least it undermines Parliamentary Supremacy and so democracy.

Gibraltar- An Elective Dictatorship?

2011-11-20T09:25:00.001+01:00

The GSD persist in advertising how well they have done over the last 16 years. The GSLP/Liberals and PDP, in stark contrast are taking the election, in part, to one place where it should be: the issue of good governance. Good governance is not about trusting who governs us, although that does come into play. Good governance is about many things. Primordially it is about systems built into the machinery of government that prevent or, usually, reduce abuse

Lord Hailsham, Lord Chancellor of England and Wales, in his 1976 Dimbleby lecture famously described the system of government in the UK as an "elective dictatorship". I believe that there is some truth in that statement but it exaggerates the reality, probably purposefully for effect. The UK has democratic checks and balances, for example an element of separation of powers, an independent Civil Service and the truly free and very incisive press. Gibraltar has virtually none. The fundamental safeguard, namely the separation of powers simply does not exist. The phrase "elective dictatorship" is a perfect description of Gibraltar's system of government.

The one and only check on government that presently exists in Gibraltar is an election every 4 years. We are now at that juncture. Is re-electing the GSD a real option? I do not believe it is because the GSD is truly and exclusively at fault for Gibraltar's democratic deficit. In 1996 it promised reforms to improve democracy, accountability and transparency of and in government. It promised these reforms ostensibly to counteract the strong feelings, then running, against the GSLP administration. The GSLP at that time had failed to provide good governance. It seems to have been an election gimmick on the part of the GSD: the GSD has given us the exact opposite. We have been given no democratic reforms. Instead, we have been subjected to a form of centralised and authoritarian government that is not acceptable in a Western Democracy.

The only brake on bad government in Gibraltar is the fear of losing an election. This brake will no longer work for the GSD if it is re-elected at the forthcoming election. The reason is simple: Peter Caruana has indicated that this will be his last election as leader of the GSD. The GSD has governed Gibraltar exclusively by and through Peter Caruana. Each reader can and will assess his manner of government over the past recent years. I believe it has been unchecked. It can only get worse, if he knows that he will not be contesting the next election, as the brake of fear of losing an election will no longer apply to him. It will not be a good place for Gibraltar to be at.

It is impossible to believe that the GSD will keep any promise about democratic reforms. It has promised these for 16 years and not delivered any at all. Why should it do so now when Peter Caruana will not need to face the electorate again? He has no incentive to do so. The argument that he will be forced to do so by his party is sterile. When has Peter Caruana been forced by his party to do anything? Not even his Ministers have ever succeeded on this front.

On the other hand the GSLP/Liberals and the PDP have grasped the issue of democratic reforms fully and are committing to major policies on this front. Will either deliver, if elected? Well, that is a risk that we all take on all promises by all parties when we elect one into government. What can certainly be said is that history shows that the likelihood that the GSD will deliver is very low. Not only has it not delivered in 16 years but Peter Caruana, if he does not stand again, does not have to fear being punished at the polls in 4 years time. On the other hand if either the GSLP/Liberals or the PDP get elected, then, they both do have to fear an election in 4 years time. Not delivering on central promises during a first term in office is frequently punished.

The argument for change in order to achieve greater democracy in Gibraltar is inviolable by the GSD's own making, namely, its omission to undertake any reforms on this front in 16 years. The counter-argument that we hear is the GSD boasting about how well it has done for Gibraltar during its time in Government. There is no doubt about this on several fronts, mainly providing stability within which the private sector has prospered. The private sector has provided the wherewithal by which the GSD has been able to do much of what it now boasts about: money.

The issue is has it spent this money properly? Well I heard Peter Caruana on GBC rubbishing criticisms about the Theatre Royal, the electricity generating station and the sewage treatment plant, as though these were minor failings. This either shows that he has a total loss of perspective and judgment or that he needs to diminishing the importance of these failures precisely because these failures are so huge. The amount spent on the Theatre Royal was massive. The lack of a power station undermines the entirety of Gibraltar's economy and provision of power by skid generators is harmful to the environment. This failure adds to the possibility of having to resolve Gibraltar's energy needs by connecting to the European grid. The lack of a sewage treatment plant, aside from its adverse environmental impact, breaches international obligations.

I want to know from the GSD what, steps, if it is re-elected, it will take, or has in mind to take, to find the money required to fund the construction of the power station and a sewage treatment plant. I want to know from the GSD in what time span it will resolve these huge problems for Gibraltar. The GSD has been in power for 16 years, so it has a duty to provide the electorate with these explanations, if it wishes to be re-elected. The GSLP/Liberals and the PDP do not have the same obligation. However, if elected, one or other of them will be left with a massive legacy problem to resolve, caused by GSD misspending. They both need to give these issues much thought. If either is elected, it will fall on one or other of them to resolve these problems, despite that they have been caused by GSD failures.

Trust, Change, Real or Fictitious?

2011-11-13T09:45:00.001+01:00

It is over a week since the 2011 Election was called. The period for campaigning is the minimum possible under the 2006 Constitution, yet the campaigning has not started. The initiative on policies has been taken by the GSLP/Liberals but not on the announcement of its candidature. The Alliance has for various weeks been issuing press releases setting out its stall on governmental reforms and good governance. Thus it has been filling a massive void left during the 16 years of GSD Government. A void that exists despite the GSD manifesto promises to tackle this central and important subject. The GSD promised to do this in 1996. They have failed, so KEEP TRUSTING?

Let us have a quick tour of party bylines. The GSD's is "Keep Trusting". The GSD site is full of boasts of what it considers to be its achievements over 16 years. Its glossy publication, distributed recently, also does the same. This strategy is weak. It is paternalistic. The slogan says it all. We know what is best for you, so just vote for us, go home and do not worry, we will deliver, but deliver what? That is the core question that the GSD needs to answer if voters are to flock to vote for the GSD. In this regard, the GSD have greater difficulties than the other two parties. It has been in government for 16 years. Elections are about the future not the past. What is the GSD going to do in the next 4 years? Why has it not done it in the past 16 years, especially those policies that it promised to do in its past manifestos?

The GSD manifesto at the last election promised everything but has it delivered? In my view, it has not delivered on many fronts. I list a few, wrongly prioritising capital expenditure, i.e. a beautiful (cannot be denied) but expensive to run, man, illuminate and cool air terminal in preference to an essential power station and sewage treatment plant. Additionally throwing money at social services without a root and branch review of the system to tailor make it for Gibraltar, which should be possible due to its size. The GSD's failure to deliver democratic and governmental reforms. The centralisation of power under the GSD conjoined with the scant regard it pays to Parliament. The lack of regard paid by the GSD to fairness in the grant of contracts, employment and promotion and in appointments and removal from public positions. These are all breaches of central promises made by the GSD in 1996 and subsequently.

One interesting development manifested itself on Main Street on Saturday. One constant criticism of the GSLP by GSD diehards is that the GSLP has extremist (and in GSD eyes unsavoury) elements amongst its supporters. Well is the GSD immune from this? Clearly not, Mr John Culatto, a self-confessed GSD supporter, has taken it upon himself to make the most outrageous and extreme assertions about the GSLP/Liberals. I will not waste words by repeating what he is preaching, most of you will know already.

Mr Culatto's views may be an extreme manifestation of GSD religious and reactionary beliefs. However, I am not prepared to accept that, in slightly moderated terms, it does not reflect, in part, the religious thinking of many GSD supporters. This extreme Christian influence within the GSD was very evident from the stance of the GSD on the gay rights issue. Whatever one's religious beliefs might be, the only place these should have in lay government is as a guide to moral standards. Such beliefs are not the holy grail of religious sectarian politics. Criminalising certain acts is not a solution. Criminalisation can be the cause of much hardship and suffering. Let us not forget the English Catholic martyrs who were put to death due to a bad law.

The slogan for the GSLP/Liberals is "Change you can Trust". The retort from the GSD is no change for the sake of change. I agree with this retort. Change has to be because it is needed and it is right. Right because there is a need to re-invigorate government. Right because complacency and security in office has led to failures of implementing manifesto promise. Right because the manner of government requires those who govern us to be reminded that we live in a democracy. Right because the policies it espouses will improve Gibraltar. Right because the candidates that a party fields promise more than those of another and all candidates promise delivery of policies. It is not for me to tell anyone what is right. I can but suggest what type of factor, in my opinion only, should be looked at before voters decide who to vote for.

The matter of candidature is important for the GSLP/Liberals, so I will proffer an opinion on this subject. There is a danger that we may fall into the trap of criticising that the GSD Government is too centralised in one person, Peter Caruana, and yet shying away from voting for the Alliance because of personality politics arising from a prejudiced view of its leader, Fabian Picardo. This is hypocrisy at its best. It is visiting the sins of the GSD upon the Alliance, without evidence or giving them a chance. Simultaneously the sin of the GSD are forgiven because of a negative perception that the GSD is an evil but the lessor of two. If this is the state of democratic politics in Gibraltar, it is an unbearably sad state for Gibraltar to be in, after it fought so bravely for democracy during the closed frontier years

One should and must take a holistic view. The Alliance is promising wholesale governmental reforms. It is promising Cabinet government. Yes it is possible that the Alliance will not deliver this but that failure will not be down to one person, Fabian Picardo. It will be down to a collective failure of the entire candidature of the Alliance. It is this failure that has manifested itself in the GSD. In order to avoid a repeat with the GSLP, one has to look at its individual candidates. If they come through as strong characters, that is the greatest safeguard to, first, avoiding rule by Fabian Picardo (so the issue of personal mistrust is mitigated) and secondly ensuring that those policies that are promised are actually delivered.

The slogan chosen by the PDP is "The Real Change". Unfortunately, a highly optimistic slogan for two reasons. First, its policies do not sufficiently distinguish it from the GSD to actually make it the real change. Secondly, the current electoral system does not militate towards that type of change becoming a reality. So does having the PDP with a full candidature improve democracy? Undoubtedly, in my mind, it does. It does because, in the worst scenario, it stimulates debate and ideas and so agitates innovation in the other two parties. It does so, further, because the PDP provides a home for voters who are disillusioned with the GSD but cannot find a home in the Alliance. It does so because the PDP increases the choice of individual candidates for those of us who wish to vote for persons and not parties. It does so because it shows that our democracy is vibrant. I have nothing but praise and respect for those who are standing as candidates for the PDP in the knowledge that the party's and each candidate's chances of success under the present electoral system is minimal.

So there we are, keep trusting, change real or fictitious? That is what the parties think is the core of the forthcoming election. Keep the past or trust in the future? Well bring on those party manifestos, so that we can decide on policies and not solely on personalities, rumour and innuendo. Gibraltar deserves to be governed by the best of the available choice. Gibraltar deserves a better electoral and parliamentary system and to be governed by the Rule of Law. I want to vote for the people who, I believe, will deliver that. I do not believe the GSD has delivered on democracy despite its promises in 1996 to do so. It is sad for them because it should have delivered on this promise. If it had it would not be faced with the nigh on impossible task of having to convince the electorate that it will do so in the next 4 years. The evidence is that the GSD cannot be trusted on this core and centrally important issue for Gibraltar. I make no apologies for being a democrat. I am repelled by the use of that word in a party name , if in practice it fails to deliver democracy, especially after it has so fervently promised to do so.

Caruana, Lights, Shadows and Picardomania

2011-11-06T12:46:00.002+01:00

On Thursday 1st November 2011, coincidentally just days before the election was called for the 8th December 2011, the Chronic, which publishes under the banner "The Independent Daily", printed F. Oliva's opinion about each of Peter Caruana (Caruana: Lights and Shadows) and Fabian Picardo (Picardomania). His views merit some comment. Both of Paco's pieces, in my opinion, contain bland conclusions without sufficient analysis or argument. I will provide as examples a critique of the opening sentences of each piece. One should bear in mind that, importantly, opening sentences of any publication set the tone.

About Peter Caruana he opens his piece with praise. "The lights speak for themselves" referring to what Paco views as Peter's successes. Well, actually, the "lights" do not speak for themselves. For there to be "lights" they must be switched on. For the credit for switching them on to be attributed to someone, there must be evidence that it is that particular person that switched them on. It is not enough to say there are "lights" in Gibraltar as Paco seems to do. According to Paco, it seems that it has been Peter Caruana and his GSD Government who switched those "lights" on. However, he does not show by argument that that is the case. It may have been others or events beyond government's control or just inevitable circumstances that switched on those "lights" or contributed to them coming alight.

Paco goes on to write, "Gibraltar is more stable, prosperous and overwhelmingly, residents enjoy higher standards of living than at any other previous time in our history ... ' I agree with all of that. However, he then goes on to write, "This is an achievement that has not happened by coincidence and should not be underestimated." I do not agree with this statement, if that comment is intended as an allusion to all the successes he mentions being exclusively or primarily due to the works of Peter Caruana and his GSD Government. In making this broad brush statement, Mr Oliva has not asked himself and so does not answer a fundamental question: what factors have led to all this happening? He implies that the successes that he alludes to are entirely down to Peter Caruana and his GSD Government.

It would be churlish not to admit that the ending of the fast launch saga set the background for the success of the private sector. It is also true that, albeit forced to by public opinion, the legislation that brought this about was enacted by the Bosanno GSLP administration in 1996. I just hope and pray that the present day cross-border tobacco trade, that is now so rampant, does not have the same adverse effect on Gibraltar and switches off the "lights" that Mr Oliva attributes to Mr Caruana having turned on. It must also be said and emphasised that stability provided to date by the GSD Government has been fundamental to Gibraltar's success and the success of its economy. It is for this reason that I have voted at all elections for the GSD, sadly no more.

However, I would like and would challenge Paco to tell us what specifically Peter Caruana and his GSD Government has done to give rise to the "new" Gibraltar that he refers to? It is only if he can answer this question that he may be able to convince readers that Peter Caruana did, indeed, switch the 'lights" on. His bland and unsupported by argument writings are not convincing enough for me. I actually believe that Gibraltar's turnaround has been achieved down to the efforts and innovative activities of the private sector. This has been based on an economic model the foundations of which were laid by the 1988-1996 GSLP administration. It has been the success of the private sector that has resulted in Gibraltar creating jobs and wealth. In turn this increased employment and wealth has resulted in higher tax revenues to the government. Once there is more revenue, governments have the necessary wealth to spend more extravagantly.

Thereafter the analysis has to be, has this revenue been properly spent by the incumbent GSD Government led by Peter Caruana? I have argued in past blogs that much of our money has not been spent or prioritised properly by Peter Caruana and his GSD Government. It has been spent primarily on projects that were perceived to be electorally advantageous, especially in the months leading up to the election.

Much has been spent on projects that substantially increase recurrent government expenditure. I dread to think what, for example, will be the annual recurring expenditure required to run the new air terminal. A terminal that is unlikely to generate much income for the government. Additionally, how much will it cost to maintain all the new housing (rentals being decidedly low and an opportunity to increase, the Mid Harbours Estate, having been missed by reason of electoral opportunism) and all the new playgrounds etc etc? I dread to think but know that the resultant recurring public expenditure, together with the cost servicing the public debt that has mostly paid for the GSD Government's largesse, will over time reduce ability of future governments to undertake essential projects.

One important such essential project is the electricity generating station. All economies rely on the ability of each to provide energy to its businesses and people and Gibraltar is no exception. Gibraltar's longterm energy needs have not been catered for at all by Peter Caruana's GSD Government. Gibraltar is reliant on what, in a home or business, would be classified as "emergency" generators, for spin purposes called "skid" generators. Without power Gibraltar has no economy. I would like to be told by all political parties what they will do to provide Gibraltar with a sufficiently large electricity production capacity. I want all the parties to tell me how Gibraltar will pay for it too.

The GSD (and so Peter Caruana) has the prime responsibility to explain itself on this core policy failure during its 16 years in government. This omission could have disastrous consequences on Gibraltar and its economy. We may even be forced to connect to the European Electrical Grid, via Spain, (not that I personally object to that but most do) as a result of this act of negligence by the GSD Government. The environmental excuse used by it is no excuse at all. The "skid" generators are far more environmentally unfriendly than any power station that might have been built, whilst money was available to do so.

The sewage treatment plant, which is a EU requirement, is a further failure. I would like to know from all the parties, how each intend to fund the construction of such a plant. I specifically want to know this from the GSD. It is Peter Caruana's GSD Government that has failed, over many years, to provide such a plant despite it being required by law and for environmental and health reasons,

It is all very well for the GSD to boast in glossy brochures about everything that it has spent our tax money on. However, what is important is not what it has spent it all on but rather what it should have spent our money on and has not. So Paco, what "lights" has Peter Caruana's GSD Government switched on in regard to electricity production and the treatment of sewerage? I fear none but he has left a massive legacy problem for Gibraltar. I sincerely hope it can be resolved in the best interests of Gibraltar. Government is about issues like energy and environmental policies not simply about projects that are considered, subjectively, to be electorally opportunistic.

So what does Paco have to say about Fabian Picardo? Well his opening paragraph sets the tone of antipathy:"He [Fabian Picardo] has long realised that the GSLP in its current format was unelectable" This about a party that in the 2007 election failed to get elected by approximately just 600 votes. This differential means that if 300 voters had shifted their allegiance from the GSD to the GSLP/Liberals then we would have had a completely different government.

Paco goes on to make his dislike known, "With Bosanno having become a type of Michael Foot of local politics leading a sclerotic party that had its roots in the Gibraltar of the 1960's with outdated dogmatic intransigence with Spain and a style of government as centralised and authoritarian as anything ever seen locally ..." All UK parties and those of most democracies were founded scores of years ago and have their roots moons ago. The depth that comes with years of political experience within parties is widely considered to be beneficial and a sign of a developed democracy, not a ground for adverse criticism. The nub of Paco's issue with the GSLP it seems is its policy on Spain, which is expressed by Paco in judgmental and pejorative language. But hey Paco, open your eyes, it may not be what some of us advocate but it is the wish of the vast majority of Gibraltarians. To cap it all he then accuses the GSLP of having exercised centralised and authoritarian government. It may be a justified criticism of the GSLP but, hey Paco, where have you been over the last 16 years or even since the 1968 Constitution?

Mr Oliva is then, very early on in his piece, churlish of his praise of Fabian Picardo, he writes "[including Joe Bosanno in the GSLP/Liberal candidature] ... would ultimately turn out to be too unpalatable, even costly in political terms, given that the inescapable paradox for the champion of change, who may have voluntarily planted his own combustible Trojan Horse right at the core of his message for renovation. Clearly Bossano's eagerness for acting as a 'hand-break' [sic, Paco it is "brake"!] since ousted from office in 1996 could in this context begin to acquire a new political meaning, whatever the outcome of the election." Well, well, well, Paco, already condemning Fabian to failure due to your speculation of a schism between him and Joe? Well some consistency, please, I thought that one major criticism was that Fabian was Joe's chosen successor? Maybe I have got that wrong! Your condemnation that Fabian will fail to deliver change is unsupported supposition and speculation on your part. There is no extrinsic evidence whatsoever to justify that criticism. The relevant policies have been publicly announced and, certainly, Joe has not voiced any opposition to them whatsoever. In addition you fail to factor in that the GSLP, both in and out of Parliament, consists of more people than just Joe. The paradox may only be in your mind, Paco.

It is possible to go on and on analysing the two pieces written by Paco but I believe that by commenting on the opening few sentences of each piece I make a strong point and argument. I would commend all readers of this blog to re-read Paco's pieces again. The conclusion, of subjective influences having come into play, that I came to is, I believe, inescapable. "The Independent Daily", I wonder? Fortunately, no newspaper that publishes more than just facts can be independent. I approve of editorial policies. I approve of full freedom of speech. I therefore agree that the "Chronic" should publish opinions but readers must be circumspect when reading opinions and come to their own conclusions and views. My reservation is that those who read a newspaper should be very aware of those realities, especially when a staff journalist writes an opinion.

Party Funding: a Defective System?

2011-10-30T20:07:00.000+01:00

There is no law or rule that requires any political party to disclose the source of any funds provided to it for any electoral or pre-electoral expenses. In my last but one blog I raised the issue of how timing electoral propaganda expenditure could

"... very adeptly sidesteps the rather archaic rule that any expenditure incurred prior to 30 days before the election does not fall to be calculated within the limits imposed on candidates by the Parliament Act. A reading of section 14(2) is also indicative that, if any expenditure is incurred on materials and services before the prescribed period, then it is not to be taken into account, even if used within the prescribed period (although this depends on the interpretation of the word "expenditure" and "incurred")."

It is also true that the only further control that exists on electoral expenditure is an absolute limit (section 14(1) Parliament Act) of £3,000 per candidate. This limit only applies during the prescribed period stated in my quote above.

What these rules do not deal with at all is, first disclosure of who is making donations to any political party in Gibraltar. Secondly, the perception that arises that any individual or business that makes a substantial donation to a party does so in anticipation that he/she or it will receive an appropriate favour in return. In the UK there is a requirement for disclosure of any donation made to a party in the sum of £7,500 or more. Making rules to oblige disclosures in Gibraltar needs to be looked at urgently. Obviously the minimum amount that would need to be disclosed needs to be appropriately scaled down from the UK amount, in line with the limit on expenditure per candidate.

Expenditure by the GSD in an effort to get iteslf re-elected has already begun. It seems to be very lavish. Who is providing these funds to the GSD? Soon other parties, the GSLP/Liberal Alliance and the PDP, will be incurring expenditure. The public is entitled to know who is making donations to each political party to enable it to fund its election and pre-election campaign. For example, it would be very telling if the same individual or company were to be funding both major parties. It would be evidence of large favours being expected in return for the donation. There would be no other explanation for a desire to fund both main parties.

The issue of political donations to parties has been debated for years in the UK. The Committee on Standards in Public Life is now looking into it, once again. It is recognised, now, that the current system of allowing donations has to be discontinued. The only alternative is public funding. The debate is how the level of such funding can be determined? The favoured option seems to be to base funding on a per vote levy. The levy may or may not be what is introduced. Any system adopted will have its detractors but that is no reason for not finding a solution to such a palpably obvious defect in the electoral process. The same issue of finding an alternative method of party funding exists in Gibraltar. It is time that it be carefully looked at and debated with a view to resolution. Perhaps, waiting for the solution given to the problem in the UK may be wise. Waiting for the UK to resolve the election funding issue in order to follow it's example does not mean that making compulsory disclosure of donations public in Gibraltar should be delayed.

There is no doubting that putting a cap on expenditure has some small effect. A cap has always existed in Gibraltar. It does not exist in the UK at present, although one may be introduced. However, the cap does not resolve the issue of how funding affects politics nor unfair expenditure for the period immediately preceding the announcement of an election by the Chief Minister. However, what can or could influence policies and decisions is the source and level of largesse shown to a political party (especially if, as in Gibraltar, both factors remain secret), a cap on expenditure does little or nothing to prevent this but funding parties from public funds would.

Suspension of Blog During Election Campaign - CANCELLED!!

2011-10-26T21:50:00.002+02:00

The main reason that I have concluded that it is best to suspend publication during the election campaign is that the primary purpose of this blog has been to stimulate new ideas in the political arena and also some debate. It is pleasing to me that many of the ideas put forward in this blog are now actively in debate in the political arena. Many have also been adopted as policy, primarily by the GSLP/Liberals but all the ideas published in this blog were available for all and any politician or political party to adopt. None were the exclusive domain of one party as against another.

Publishing during the campaign will involve making partial value judgments on policy statements and policies of one or other party. This will result in acrimonious exchanges between persons who comment. I do not wish to participate in that divisive exercise. I will leave that to those politicians who are fighting the election. I will make one exception to the suspension of this blog, that is reserving my right to comment on any dirty or vicious campaigning, because Gibraltar really does not need that. If that sounds patronising, so be it

Glossy Propaganda and Social Issues

2011-10-23T18:14:00.003+02:00

This is the week that the GSD governing party published its booklet "Celebrating 15 years of success for Gibraltar". The timing of its publication must raise eyebrows. It is not illegal but its timing certainly smacks of sharp practice. The only person who knows with exactitude the date of the impending General Election is the Chief Minister. It is his party who makes this publication available on the eve of it being called.

Timing it in this manner very adeptly sidesteps the rather archaic rule that any expenditure incurred prior to 30 days before the election does not fall to be calculated within the limits imposed on candidates by the Parliament Act. A reading of section 14(2) is also indicative that, if any expenditure is incurred on materials and services before the prescribed period, then it is not to be taken into account, even if used within the prescribed period (although this depends on the interpretation of the word "expenditure" and "incurred"). This loophole must give the incumbent government from time to time some advantage.

The content of the GSD booklet says much. It certainly says that an enormous amount of money has been spent on tangible assets. It boasts that "Our economy has tripled in size, the number and quality of jobs has grown very significantly, our income tax rates have fallen dramatically, standards of living and take home pay have risen sharply ... We have invested most heavily in modernising and upgrading the most important things: our health service, our care services, our education and housing". Undoubtedly an impressive past record.

However questions need to be asked as to who has made it possible government or private enterprise? It would, however, be churlish not to recognise all the progress that has been achieved by Gibraltar, whether with or without the intervention of Government. It may be that those readers with specific knowledge of each "achievement" will reveal that all that glistens is not gold. I will leave that to them. It is also true to say that elections are fought and won on policies about the future not just past performance.

I will concentrate in this blog on a specific social issue. The issue that I want to focus on is the issue of housing and its impact on unsocial behaviour. It is an area in which I have anecdotal knowledge only, from reading the English press and watching current affairs programmes on TV for the last 40 odd years. My clear recollection from these sources is that high density housing, which is the only type of housing of general availability in Gibraltar, gives rise to many a social evil. These evils include vandalism and criminality, especially (but not limited to) amongst the youth. There is much comment in Gibraltar that unsocial behaviour is growing, certainly the Magistrates and Juvenile Courts seem to be increasingly busy.

In many parts of the UK one solution found was to demolish what has come to be known as "sink estates" and to rebuild more "user friendly" housing. In the UK this has often been found to be prohibitively expensive. In Gibraltar, expense aside, space limitations completely preclude this alternative. What I do not know (but it cannot be beyond the wit of man to discover) is what other solutions have been found in the UK where expense has precluded demolition and redevelopment? My belief is that if future governments of Gibraltar do not give this growing social problem attention but simply carry on building high density estates, the day will arrive when the problem will be beyond reasonable and affordable management.

In part some assistance in solving the issue could be found in an educational policy, that does not only encompass academic achievement, but also is empowered to teach moral and social values. Educators will also need to be armed with adequate discipline and disciplinary powers. The carrot alone is not enough, however, there must be a stick and that stick is already sorely missing.

I refer to the need to provide a facility to which the courts can refer juveniles and children for corrective therapy. I am being overly polite, what is needed is an appropriate "boot camp" to send offenders to, so that they can have education and discipline instilled in them. Many suggest the reintroduction of compulsory military service. This is neither permitted nor feasible. It also affects and imposes upon youngsters who are positive and beneficial members of society without need, rhyme or reason.

Pre-Election Party Posturing ... Where Might it Go?

2011-10-16T13:08:00.000+02:00

In this blog, I will review what each party has said so far on the eve of an announcement of the General Election. The future looks bleak for the GSD according to Opinion Polls but the GSD has not yet been defeated at the ballot box. Many commentators on this blog and word on the street is such that the GSD is not being seen as a potential winner at the forthcoming election. Most polls support this view. It would be foolish, however, to discard the GSD so early on.

PRC is a wily, cunning, intelligent individual and a politician with experience. The GSD will run an aggressive election campaign aimed at having a ruthless effect. All the signs of this are there, just read the 7 Days if you doubt that. The GSD has the advantage of an electorate that is conservative in its voting habits. The GSD has the advantage of having been in power 16 years and having spent our money generously.

The GSD has made at least one massive political error: it has left itself open to be crticised for that which it criticised the GSLP in 1996, namely, lack of open, transparent and democratic government. The other two parties, the GSLP/liberals and the PDP have piled in to fill this void. The GSD has no answer. The GSD has made a second massive error: to beleive that by last minute profligacy with our money it will redress its electoral deficit. I believe that voters in Gibraltar are not so gullible: many see it as a final ego trip for the CM. Let us see what alternatives are on offer from the other parties before returning to the GSD "offering".

The PDP have been at the forefront of preaching reforms that would lead to greater democracy since its inception. In fact long before that, because Keith Azopardi was a GSD Minister. He is the person in the 1996 GSD manifesto who was advocating democratic reforms. Also Nick Cruz was a member of the GSD Executive before the schism. It seems neither was able to deliver on the democratisation front but an analysis of the reasons for the schism may provide a clue. They disagreed with the opportunism of an absorption of the Gibraltar Labour Party and the lack of democratic processes for leadership change within the GSD.

The PDP has indicated its five key pledges for the forthcoming election:

A new style of politics- accountable, inclusive, responsive and constructive;
Lower personal tax and better economic management;
Better opportunities for young people;
Better quality of life for all and sustainable use of our environment;
Better public services.

All very laudable sound-bytes. We now need the PDP's manifesto to understand and assess how it intends to achieve these pledgesm and what the detail of these is. They are achievable with strict and proper prioritisation. What I believe in and commend the PDP for is playing the longer game rather than the short game that was played by the Gibraltar Labour Party. If the GSD were to lose the forthcoming election, then the PDP would be perfectly poised to become the second party in politics in Gibraltar for the next but one election. It is difficult to see the GSD surviving an election defeat: it simply is not a party in the sense of the word as I understand it.

Preparation for the forthcoming General election by the GSLP/Liberals has been more precise, specific and focused than the general pledges of the PDP. The first move was to amicably replace Joe Bosanno by Fabian Picardo as leader of the party. The second move has been the reinforcement of that change of personality with a marked change of politics and attitude. This change is best summarised by quoting Fabian Picardo from the GSLP/Liberal press release "Democratic and Political Reforms" of the 1st September 2011:

"Democracy is principally about the people and not just about politicians hence it is vital that every person who has a view is heard, not just the GSD government and the political parties ... we [GSLP/Liberals] have to ask what parliament should be, what it presently is and what it should be in the 21st Century, democracy governed by the rule of law and a commitment to openness and devolving government to the people. ... in a true democracy a Parliament is is the voice of the people ... [and] about holding government ... to account ..."

These are words backed up by specific policy announcements:

immediate monthly meetings of Parliament;
dedication of funds to Parliament;
full time Speaker with a Deputy Speaker and adequate staffing;
independent website to broadcast meetings of Parliament;
personal emails for all MPs for direct access by constituents;
better public, media, staff and MP facilities;
the appointment of an Independent Commission on Democratic and Political Reform to report on ALL aspects of the electoral and parliamentary system.

In addition the GSLP/Liberals have made the following policy announcements:

a Ministerial Code;
a Freedom of Information Act;
a 20 year rule for publication of "secret" papers;
a Whistleblowers' Protection Act;
greater access to Civil Servants by the public;
a Citizens' Charter for Responsive Government;
reform of the planning system with true and greater public participation;
support for the call for a Financial Services Ombudsman;
a stand alone anti-bribery and anti-corruption law.

Impressive stuff from both parties opposing the GSD at the forthcoming election but what is the response of the GSD to date? Well it is certainly not any indication of a change in Leadership. Why would that be important? I leave aside the issue of personality, as each person will have his/her own opinion on that subject. Lack of change of the leader of the GSD is an important consideration because the failure of the GSD to change the style of government to date, by introducing more democracy, transparency and openness, must rest fairly and squarely on the shoulders of the GSD's leader.

Why should anyone believe that the GSD will make any change on democratic reforms under his leadership, when for 16 years the GSD has reneged on its promise? In fact we know already that it will not. The GSD has forced a Motion through Parliament setting out its parliamentary and democratic reform agenda. This programme, outlined in the Motion, not only fails to deliver much of what is desired but, as an additional criticism, most of what it covers has been in the power of the CM to implement without legislative change throughout his term of office. Why should anyone believe that he will now deliver on any of it? Harsh criticism? Perhaps but, think about it, is it valid and deserved?

So what are the pre-election signs for the GSD so far:

rush to provide public toilets;
rush to provide playgrounds;
rush to provide more parking;
rush to to finish the Mid-Harbour Housing Project;
rush to finish the air terminal;
failure with airport tunnel/ring road.

The question on many people's lips is: how much is all the above costing us, the taxpayer?

What else does the GSD offer to date:

reminders of long past pre-1996 events as a reason to keep the GSD in government;
personal attacks on Fabian Picardo, not least in the 7 Days Newspaper;
Motions in Parliament against Fabian Picardo are ruled out of order as containing "unparliamentary" language, which exemplified the GSD's undemocratic attitude to politics ;
boast after boast about what has been 'achieved' in the past at the cost of taxpayers;
a trilateral process that is no longer working;
questions about the propriety of the last minute application of taxpayers' money to enhance electoral chances;
no future policies.

What is the GSD byline for the coming election? "Gibraltar has never been better - keep trusting". Certainly the money that has gone into the coffers of government and more that has been borrowed has been spent with great alacrity. You will need to decide whether it has been spent applying the appropriate priorities. "keep trusting" ... well we would have to in the absence of democratic, parliamentary and electoral reforms, wouldn't we?

What is the GSLP/Liberals byline for the coming election? "Vote for Change". I agree with the GSD that change for the sake of change is not a good reason to change a government but that is to miss the point. The point is that if what is promised is policies that are good and with which voters agree, then it is change for a better alternative. Well look at what the GSLP/Liberals has promised already, in that alone it is highlighting issues promised by PRC's GSD and not delivered by it. Look at the manifesto when it is published. Then and only then decide whether it is change for the sake of change or change for the better.

What is the PDP byline for the coming election? "The Real Change". Well, I repeat everything that I have said about change in the previous paragraph. My problem is that it is little change in fact. It is a reversion to what the GSD should have done but did not do. This does not reflect well on those members of the PDP who were Ministers or members of the executive of the GSD: they all failed to change anything on the inside of the GSD. They need to persuade voters that they have the strength that they lacked on the inside to change things from outside of the GSD. It is a party that will initially attract disaffected GSD voters who do not want to shift across to the GSLP/Liberals. It is a party that may prosper, as I have already suggested, if it plays the long game. It has indicated that it will by discarding the possibility of a pre-election merger with the GSD.

Well the election has not been announced yet but the battle lines are being drawn. There will be a lot more to go on to decide who to vote for once the manifestos are published and each party's candidates are announced, but already there is enough to start making one's mind up. Elections are about the future not the past. What has been done in the past can be the subject of praise or criticism but voters already have the benefit or harm of what has been done or not done that should have been done. I know the GSD are not often amenable to advice but my advice to them is: come up with new policies because boasting about the past will not win you the election. Coming up with new policies under the same leader is a difficult, if not an impossible call, but the GSD may succeed in achieving it.

The Polls: What do I Think they Mean?

2011-10-09T20:33:00.002+02:00

The most interesting aspect of the recent GBC/Chronic opinion poll is, not so much that it predicts a GSLP/Liberal win, but the poll related to issues that people consider important. This merits some thought and discussion, both in regard to the general replies and the specific replies on a party allegiance basis. In this blog I make first observations on what people consider to be the important issues and then on the poll that predicts the possible election results.

It is a salient feature, in light of anecdotal historical evidence, that "relations with Spain" comes fourth in importance after "style of government" (first), "employment" (second) and "health" (third). What this does not make clear is whether it means that people want a continued dialogue with Spain on the basis of the trilateral talks or the other end of the scale, namely, a wish to continue a rejection of any rapprochement with Spain. In that sense it is a meaningless statement. The only hint that there may be a desire for rapprochement with Spain is that GSD supporters place this issue third, after "style of government" (first) and "employment" (second). This is indicative of support by GSD supporters for the trilateral process pursued by the GSD, whereas GSLP/Liberal supporters do not include this option in their three top priorities.

The most important revelation in my mind is that "style of government" comes first in importance by a full 2% differential. Again "style of government" is not a very precisely defined issue but it is precise enough to gather that there is general disappointment in the manner in which we are governed. This is a major criticism of the GSD administration. In 1996 it promised more open, transparent and democratic government. This result shows that people consider that it has failed to deliver on this promise. Undoubtedly the prior GSLP administration also failed miserably, in my view much much more miserably, but that is no consolation for those of us, me very pointedly, who expected a change in this regard. That change is now promised by the GSLP/Alliance. What is significant is that GSD supporters put "style of government" as the most important issue; that is also an indictment. I would suggest that this is one important reason for some defection of support from the GSD. The GSD now persist on offering too little too late. Perhaps, it should rethink on this issue before the election, if it is to offer the electorate any hope of real change.

I could go on about the poll that classified issues in order of importance in the opinion of voters but it is also worth putting some aspects of the poll on election results in perspective. I cannot agree with the CM's argument that the methodology used to undertake the poll on the election result is flawed.

First, it reproduces the accurate views of those asked their opinions: that cannot be flawed.
Second, it asked a sample of 3% of the electorate: that is a huge percentage compared to the sample used e.g. in the UK.
Third, it is as flawed or as little flawed as the Chronic poll that had the GSD ahead (well received by the GSD) shortly after a Chronic poll that gave the GSLP/Liberals a lead.
Fourth, the Panorama poll has the GSLP/Liberals ahead as have several other polls including the Vox poll: one might be flawed (the Chronic one putting the GSD ahead, which is the odd one out of 4, perhaps?) statistically it is unlikely that the majority will be flawed.
Fifth, it cannot be as flawed as the anecdotal evidence that the CM uses to support his comment that "We don't believe the poll accurately reflects the feedback that we get at all levels of the community": perhaps it is they who are seeking the views of sycophants.
Sixth, the CM never comments on polls, he has this time: a sign of concern, perhaps?
Seventh, the CM's criticism that a 12 point lead (or 16 point lead depending on what figures are taken into account) is not a good result for the GSLP/Liberals is clutching at straws: that size of lead for an opposition party in the UK is unheard of. A 2 to 3 point lead is the usual margin of error. Even if there is an unheard of 50% margin of error (in statistics), namely 6 to 8 points the GSLP/Liberals would be ahead.
Eighth, arguing, as the CM does, that change has to be for the better is to argue a truism. Another truism is that to vote for stagnation is also not an option, so the GSD had better come up with new ideas. It cannot just promise, again, to do fundamental things that it has failed to do in 16 years. It cannot rely on boasts of what it has done. I think that the GSD has a more difficult task to convince voters that it should remain in power than any other party has to demonstrate beyond doubt that change will be good, which is the challenge made to other parties by the CM. This is one thing that comes through on an analysis of the poll on issues.
Ninth, to make the comparison of the past in terms of what 16 years of GSD government has meant compared to the pre-1996 GSLP administration is negative, stagnant and stale politics. Everything has moved on but one problem for the GSD is that debating anything else might be to highlight what it promised to do and has not done.

What all recent polls on the election results show is a clear trend. A trend that favours the GSLP/Liberals and should worry the GSD. I can agree with the CM on one observation that "We [the GSD] believe that it's all to play for" but the GSD are not the favourites to win right now. That the GSD is reacting is palpable. Belatedly it has discovered the power of the internet in politics. I am glad to have been a pioneer of politics in this medium by writing this blog. A pioneer in the use of the internet in Gibraltar for the expression of opinion by the public. A pioneer in breaking the hold that exists in Gibraltar of the rather staid press.

A pioneer also in making my views so openly and widely known without fear but, unfortunately, with personal repercussions to me. I believe that these consequences are to the shame of the Government and the FSC; to the FSC because of it's biased retrospective rules on political involvement developed following receipt of a letter from the CM that has been kept secret. These are crafted to avoid repercussions to other local members but to capture my blog. For those who are interested, weeks ago I provided to the FSC a 5 page critique of those rules. This week, I received the FSC's reply which informed me that the FSC had decided not to change it's rules and that accordingly it was not necessary for the FSC to comment on my criticisms at all. I have replied to the effect that I understand the FSC's inability to justify its decision. I used the word inability advisedly meaning that it is unable to provide a coherent explanation. I now publicly invite them to do so.

It is my belief that the now widely used and accessed political sites and pages on the internet dedicated to political comment and debate has had a marked and positive effect on policies that will be pursued by political parties, a fact admitted by the CM as being beneficial. It will also ensure that parties promise what they can deliver and no more and that they will deliver to us what they promise in their manifestos. Irrespective of reforms to Parliament and the electoral system politics in Gibraltar have already been revolutionised in this manner. This statement is not an excuse not to undertake meaningful and not superficial reforms. Internet punishment will follow if reforms are not effected. I am glad to have been one small cog in this small revolution. The CM has admitted that he and the GSD are now reacting to it.

The Politics of Economic Success and Social Conscience

2011-10-02T21:26:00.001+02:00

On several occasions I have written about the need to help the needy and disadvantaged. I have referred to prioritising expenditure accordingly and thinking hard before spending on luxuries. The basis of my belief is that in a wealthy society like Gibraltar, and we are constantly reminded that our economy is buoyant by the GSD Government and the Chief Minister, we should be able to devise a social care system that is accurately aimed and pinpointed at resolving specific problems faced by specific persons and families. Social deprivation should be capable of being eliminated in situations where there is no substance abuse.

On the substance abuse front credit must go to the GSD Government, specifically at a political level to Hubert Corby, for funding much needed facilities. Also to all those who are involved in helping those who suffer from addictions. I do not wish to concentrate on this problem, although it may well be that more needs to be done. I am, also, in writing this piece not being party political or critical of any party. My intent, based on my limited anecdotal knowledge, which I admit to immediately, is to try and offer constructive ideas, stimulate debate, bring the issue to the fore and hope that adequate solutions and measures can be found by those who are so much more knowledgeable than me on the subject.

There is, however, one factor that needs to be understood, it is that without a successful and growing economy, money is not available to dedicate to the less advantaged or for necessities. In my last blog, I identified the various "natural advantages" that Gibraltar has and can exploit to increase the wealth of our society. In order to ensure the success of those sectors of our economy, there is a need to encourage the availability of certain facilities. Two of these are luxury housing and office space. It is easy to criticise any government for getting the mix wrong. or supposedly wrong, but without such investment there would be a reduced ability to provide affordable or rental housing, health services, social care services etc. etc. It is the provision of certain physical facilities that allows our economy to grow.

Another essential element is to provide adequate and properly trained human resources in the public service. Adequate training comes with education and knowledge but also with experience. It also requires a helpful and positive attitude. A major government expenditure is the public service, in which there is much room for improvement. Unfortunately, despite the massive effort made by some public servants in certain sectors, it has to be said that the overall impression that this service gives is one of overburdening, unhelpful and reluctant bureaucracy.

Leaving aside that savings and therefore better prioritisation of resources could be achieved, an improved service will help to stimulate and accelerate economic activity. A service improved by more and better knowledge and specialisation and also by the public sector giving a better and more helpful impression. It can easily do so by providing a speedy cheerful service. Remember most of what the public service does is to administer entitlements (as opposed to discretionary privileges) that people have in law, so much can be achieved by a change of attitude that assimilating this fact would bring about.

The public service is largely paid for by the private sector. The more activity that is permitted in the private sector the more wealth that will be available for distribution. This wealth can them be applied for the benefit of the wider community and more importantly the needy and disadvantaged. This alone is not enough. It is in the application of the money that decisions are taken by governments. My belief is that in the longer term education and employment are central to reducing the call on social services. In the interim the need is to have a very focused social care system, in which I include any payments or rent reliefs given to individuals and families.

I cannot believe that it is beyond the wit of persons engaged in helping the needy and disadvantaged within society to individualise the social care system in Gibraltar keeping 2 aims in mind. First the relief of poverty and hardship. Second to reduce the call on public moneys by preparing these same people for and finding them employment. Giving people money is the first stage only. That is "nanny state" stuff, which is a necessity but cannot be the end objective.

Gibraltar employs thousands of non-Gibraltarians, so it cannot be impossible to find all Gibraltarians jobs. Please let us not get into the EU freedoms debate again. That is not where I am going. I do not agree with giving preferences, what I agree with is not to encourage the choosy job culture that exists amongst many in Gibraltar. There is no shame in working at any job. It is worse not to work. Any individualised system of "hand outs" has to have safeguards and restrictions. These should be aimed at encouraging the taking up of employment by, aside from providing help, the punishment, by partial disentitlement, of those who refuse to work for no discernible good reason.

It is this point that brings me round to education as the longer term road to reducing the call on social services. I notice that from a political viewpoint education seems to concentrate on statistics: statistics that revolve around exam passes and grades. The education system seems to be directed at academic results. Undoubtedly academic prowess is the primary and most important objective but not, as seems to happen today, to the exclusion of a broader educational experience.

That wider experience should include the moulding of social skills and the encouragement of aspirations tempered by individual ability, then complemented by appropraite training. The teaching of what one's duties and responsibility to society are and of discipline. Yes many an educationalist will say that this is all the responsibility of parents. I agree, primarily it is, but it is also the duty of society to fill in the gaps left by how this is done in any particular home.

I realise that there may be a great deal of idealism in what I write but, absent initial idealism, usually a practical solution to a problem will not be found. It is likely that I will be criticised by both social care and education professionals for what I argue. I hope that I will be; it will mean that a debate will kick off. Then, just perhaps, our politicians will be helped to put together a specific solution to a specific problem in a small jurisdiction that fortunately has the wherewithal to do so, namely a buoyant economy.