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Governor's Swearing In - Leader Of The Opposition's Speech

Below follows the Leader of the Opposition, Keith Azopardi’s speech delivered today at the swearing in of the Governor: 

I too want to welcome you on behalf of all members who sit on this side of the House. We hope you will have an enjoyable and stimulating time during your tenure as Governor. 

In Gibraltar we treasure our historic links with the British Navy. We have a long joint history in this part of the western Mediterranean. We are therefore glad to see someone from a maritime background once again in post. As a man of the services you are schooled in conflict. Our people have also, for many years, evolved against a backdrop of political and military conflict. 

Sunday is the 38th anniversary of the end of the Falklands War – a people who we feel a kinship with because of their own struggle for self-determination. As someone who served in the Falklands War you will appreciate that more than most. 

Your Excellency will find in months to come that we have a small yet vibrant democracy where issues are robustly argued and tested. You will see that there are plenty of differences in style, policy and approach between the various political parties. But you will also find that as a people we have known when to come together to weather the storm or the siege over the years. 

You join us at a particularly challenging time in Gibraltar’s history where a number of economic, social and political issues lie ahead. We expect change over the next three years. 

Sometimes in politics challenges arise as a consequence of policies that are deliberately embarked upon. In that sense and when you control your own destiny self-created challenges are part of the course. But sometimes challenges arise from situations that a place did not desire or create. 

How we steer a course through troubled waters caused by sudden storms and how we ensure the continued sustainability of this small country of ours is what will mark us as a community. 

So much is true for the two main challenges that we have encountered at the start of 2020. 

The first was a bolt from the blue. The COVID pandemic has been an unprecedented challenge in modern times for the entire world. It has stolen lives worldwide, afflicted loss on many families, shaken the global economy and has put many people into a cycle of economic hardship. 

Here in Gibraltar we have, so far, bucked the international trend and with careful collective action worked on by members on both sides of the House we have thankfully been spared the most severe public health ramifications of the crisis. But as we have kept saying – it is not over yet and new rules of human behaviour must remain for a while. 

Gibraltar will need to continue to work hard to ensure that we emerge from that crisis with the fewest possible public health effects and in the best possible economic shape. The economic dimension and repercussions of this crisis will be deep and felt over a long period. 

The second challenge is an inevitable result of the undesirable departure of the UK from the European Union that we neither sought nor supported. Even so it is a political reality and one that must be grasped fully. Over the last couple of years we have had our differences with the Government on the Withdrawal Agreement, the MOUs negotiated with Spain or indeed the Tax Treaty. 

The need to now negotiate a new relationship with the European Union is, however, not only a reality but seen more positively can be an opportunity to see a recalibration of the dynamics between this micro-territory and both the EU and our neighbour. In respect of the latter much remains to be seen but we hope that the chance is taken by Spain to accept a respectful modern European relationship with Gibraltar. One where our rights are recognized and respected and our people enjoy freedoms of movement across the border. We are, after all, Europeans by inescapable geographical destiny. 

And in that opportunity we should be bold and imaginative in mapping out what we want as a people. I said as much in an article in early 2017 in the aftermath of the Brexit referendum. I repeat it today. Let us not just drift on the agendas of others. Let us set out our own ambitious set of goals. 

We are all in this House united in a belief in our self-determination and that the future of Gibraltar can only be decided by its people. In that sense the decades old campaign of previous generations to the Right to Our Land has echoes in modern Gibraltar where we feel too, that this is our land and sovereignty rests in our people who confer democratic legitimacy on our laws and institutions. What else does that mean other than that our agenda for the future should be as ambitious as possible in recognition of those rights to self- determination and the fact that the future is ours to decide and no-one else’s. 

We are proud of our history, our links to the Crown and the Commonwealth. We will jealously guard our self-governance. 

Your role as the representative of Her Majesty is part of our constitutional architecture. Your Excellency occupies your Office on the appointment of Her Majesty and by the consent of the people of Gibraltar 

In 2006, in a referendum, we approved our third constitution in an act of democratic legitimacy. It is that constitution that is the supreme law of Gibraltar and which sets out the parameters and limitations to your role. 

Under that Constitution Her Majesty is together with this Parliament the Legislature for Gibraltar. Additionally the Executive Authority of Gibraltar is vested in Her Majesty. By s45 of the Constitution the Council of Ministers and Her Majesty constitute the Government of Gibraltar. You are of course Her Majesty’s representative in Gibraltar and her delegate in so far as the limited responsibilities that remain in your name under the Constitution. 

I say all that Your Excellency because in coming to Gibraltar and accepting this appointment it is important not to lose sight of the constitutional role and where you fall. 

There have been instances in the past – sometimes significant – where the interests of the United Kingdom have differed from that of Gibraltar. Where the two distinct Governments of Gibraltar and the United Kingdom have disagreed – sometimes privately, sometimes openly. The last time I was on the opposite side of this House there was open political warfare between the Gibraltar and British Governments on the thorny issue of joint sovereignty. Your service now is, without constitutional doubt, to Her Majesty in right of Her Government of Gibraltar. 

If I can put it this way you are now the non-executive chairman of this club and don our colours. There is an expectation by Her Majesty that you may have to bat for Gibraltar if called upon. You will not be expected to be one of the opening batsmen or indeed will not even be required to occupy the crease very long but, if necessary, you may have to step onto the field of play for the red and white team and the people of Gibraltar. 

Your Excellency will also be required to walk the constitutional tight rope between the competences of Ministers and his own limited duties with the skill of a ballerina and always in the interests of the people of Gibraltar. And sometimes issues will arise. 

Your Excellency, scarcely 24 hours before your arrival the Commissioner of Police stood down from his role at least two years ahead of his time. This was a man who ostensibly had all the hallmarks of someone who had energy and zest for his role. His departure was sudden and not signposted by anything he had said or done publicly. There has been before his departure and thereafter – in some quarters of the press and on social media – speculation as to the discharge of his functions and the circumstances of his departure. In a small community like Gibraltar there is much chatter. 

There is a Spanish saying that when the river sounds it carries water. We have had occasion already to observe that the circumstances were curious and at the very least raise questions that deserve answers. In a small country like ours the need to ensure that the institutions and authorities are beyond question and that the constitutional checks and balances are strong is crucial. It is also not helpful for the speculation that already exists to be left to lie festering. If there is no foundation to the speculation let it be said. 

So to that extent when the Convent issued a bland press release – noting the Commissioner’s request to retire – rather than decisively clarifying matters it did the opposite. It will not do. And that is why we think there needs to be clear answers one way or the other. I am not someone who encourages or desires the Governor to have anything but a ceremonial role in our affairs but the Constitution and the present checks & balances or limited responsibilities being what they are we hope that you will reflect on this matter in accordance with the provisions that bestow duties upon you in the Police Act. Beyond that as we have already said we will pursue questions in this Parliament. 

We were elected on a manifesto of seeking further constitutional reform to ensure better checks and balances, parliamentary and electoral reform and greater self-governance. The people on behalf of whom the governance structures are run seek and deserve that those institutions be protected and that we improve our local constitutional safeguards. 

Your Excellency there is much to be done over the next three years as the political, economic and social challenges that arise are tackled. The ones I have already touched upon sit alongside the need to tackle the traditional issues of health, housing, transport, social services or the environment on which there is much progress to be made. 

Her Majesty will find that the members of Her Loyal Opposition will work tirelessly to improve the quality of decision-making, policies and life of the people of Gibraltar. 

 

Screenshot from parliament.gi live feed