MercoPress. South Atlantic News Agency

Spain's Gibraltar claim redirected to EU Constitution

Spain's intentions to attempt to use the negotiations on the future constitution for Europe as a device to press its sovereignty claim on the Rock appeared to have been confirmed by Ana Palacio, Spain's Foreign Minister.

In a statement to the press she said that the bilateral process will continue but that the way ahead is in the context of the future European Constitution.

The statements are in stark contrast to a clear statement by Peter Caruana, Chief Minister, that Britain's position remains one where the consent of the people of Gibraltar is a requirement for any change in status. Speaking on Canal Sur television he made clear that there is nothing in the proposed text of the European Constitution that would solve the dispute. And, he said, the co-sovereignty proposal is finished.

Ms. Palacio made the remarks just ahead of a visit to Ireland where she was to meet with her counterpart in the Irish Presidency, Brian Cowen. The way ahead generally on the European Constitution was top of her agenda, but the possibility of her raising Gibraltar has not been excluded. The EU gave its backing to the crashed joint ?sovereignty initiative in spring of 2002.

Ms. Palacio told reporters that although it did not mean that the bilateral (Brussels Agreement) talks are being rejected "the picture of the day is one framed by the European Constitution, which is our reference point without losing sight of the bilateral negotiations."

She went on to say that in any negotiations there are phases which do not go in a straight line but in more of a helix form. "Some phases are more visible and as these are refined one must take the necessary time and perspective."

But on the breakfast TV show ?Buenos día, Andalucía' Mr. Caruana told viewers that for the UK Government for many months and "confirmed in recent days", the position is that the prospect no longer exists of resolving the dispute through a co-sovereignty deal. Mr Caruana explained that Tony Blair, Prime Minister, in his meeting with Mariano Rajoy had simply restated the 20 year old British policy of dialogue as the way ahead.

"The UK position still states that change of sovereignty without the consent of the people of Gibraltar is not acceptable." Mr Caruana said he thought it was good that there be dialogue but this could not reach a conclusion that is impossible without the consent of the people of Gibraltar.

On the European Constitution Mr Caruana said that the current text does not contain anything that could bring about a solution in the context of the EU. He said Spain to date remains of the view that the only solution is territorial re-integration of Gibraltar into Spain. Urging a future Spain to take a more progressive view he reiterated that that is not a solution since it is not the preference of the people.

But he accepted that the issue of collective decision making in the EU is very significant for Spain and Gibraltar who want to sustain their respective positions.

Asked how the "anachronism" of Gibraltar could be allowed to continue, Mr Caruana said he accepted that it is an anachronism, but only so because Gibraltar is a colony that is being prevented from pursuing the process of decolonisation.

After 300 years of history it was not surprising that the people of Gibraltar wanted a status of their own making and not one imposed on them, he explained.

Meanwhile PSOE senator Jose Carracao suggested that Ms. Palacio's remarks were part of an electoral spin (March 14). She had, he said, tried to mask the failure of the Anglo-Spanish co-sovereignty bid.

Mr Carracao insisted yesterday that it is not for the EU to set out the future of the Rock but for the parties involved "Spain, Britain and the Gibraltarians through their Government."