Apr 14 - Chief Minister's 'Eastside Development' Comments Offer No Concessions To Spain – Number 6
The Government has replied to the latest accusations made by the GSD by stating that the Chief Minister has “not made any concession to Spain” in relation to reclamation or anything else calling Danny Feetham’s criticism of a remark made by Mr Picardo during a recent session of Direct Democracy “irresponsible and ill-considered…purposely misleading and wrong”.
The statement issued this evening from Number 6 further clarifies the Government’s position:
When discussing the Eastside development, Mr Picardo referred to obligations under EU law which would require Gibraltar to 'consult with Spain’. In carrying out any such consultation the Government of Gibraltar would merely be consistent with its culture of compliance with its EU obligations and the rule of law. This is a law which applies between all member states.
Under the current European Directive, if a project in Gibraltar, on land or sea, is likely to have significant effects on the environment in another Member State (namely Spain), the Government of Gibraltar is under an obligation to send to the potentially affected Member State a description of the project and any available information on its transboundary impact.
Development consent remains with Gibraltar but the extra hurdle of consultation would have to be complied with and obviously would delay progress on any project.
It was Gibraltar's strict compliance with this same EIA directive that has to date allowed the European Commission to dismiss all the various complaints filed against the Eastside project by the Spanish Government. Indeed, in response to Gibraltar's adherence to EU law, the European Commission concluded that the existing reclamation 'would have no significant transboundary effects in another Member State.'
In his Direct Democracy statement, Mr Picardo made no concessions to the Spanish by referring to this legal requirement and it is therefore ridiculous to question 'the wisdom' of making such statements given that all the Chief Minister was doing was reflecting the position in European law. It is also little short of ludicrous and politically naive to suggest that Her Majesty's Government of Gibraltar should act in breach of European law. No Chief Minister has ever advocated such an unwise, irresponsible and perilous course of action and it is incredible to think that any local politicians are even considering such a reckless option should they ever be in government.
What is excellent progress for Gibraltar is the fact that, in the 26 short months since it took office, the Government has increased the size of the Eastern side reclaimed area from approximately 76,000m2 to 96,000m2, an increase of about 30% . The Government bought back the original area for £28m (£4m less than had been paid for it) and is now negotiating sales and the restart of that development which could recoup more than double that figure.
It is also true that Spain's own failure to observe European rules in respect of reclamation have caused damage in Gibraltar, in particular in the storms that destroyed the Harbour Views promenade and the Cruise Liner Terminal. Government is considering what action Gibraltar can take in this respect, despite the previous administration’s failure to take any steps in this respect.
The Chief Minister said: "I have said repeatedly that I will not allow Gibraltar's socio- economic development to be hampered in any way. That's why there will soon be further reclamation work starting on the West of Gibraltar and further work, likely to be the development of a marina and other facilities, on the Eastside reclamation. Given recent statements, no doubt all of Gibraltar will support those works - which will be done according to all applicable national and international laws.”
Finally, it is also worth noting that, uniquely, the Chief Minister makes himself available every three months or so to answer questions from the public (via radio, emails or the social media) or, as in this case, from the editors of the local media. No other Chief Minister has ever made himself so accessible or so answerable.
