Friday, September 7, 2012

HOW CAN A GOVERNMENT LED BY A QC IGNORE THE LAW


Yesterday I penned an article for Panorama on the need of Spain to decide if it supports the rule of law or not. If it does then it has to recognise the legitimacy of the laws passed by Gibraltar’s Parliament, such as the 1991 Nature Protection Act, and the Geneva Convention to which it is a signatory giving Gibraltar three miles of territorial waters.
After I wrote the article I read a press release from our own government. This told me the Gibraltar Government had cancelled the contracts issued to Mr Nigel Pardo by the previous GSD administration. The contracts were in the name of his two companies of Land Projects Ltd and of Gibraltar Land Reclamation Company Ltd (GLRC) as Project Managers.
What caused me to raise my eyebrows was this phrase:The companies were informed that GSLP/Liberal Government have an objection in principle to maintaining in force contracts which were awarded illegally in the light, notably, of EU public procurement requirements.”
I know little of Mr Pardo but I understand that he is related by marriage to both the former Supreme Leader QC and also his one-time henchman Joe Holliday. If that is not the case then I am happy to be corrected. Either way that is not a crime.
Yet it would seem that the former Supreme Leader QC did enter in to an illegal contract deal with Mr Pardo, who may or may not have family links to him.
I am not sure whether this was illegality on Mr Pardo’s part: after all he may not have known the legal status of the deals. However as the former Supreme Leader is a QC we can presume he was fully aware of what he was putting on the table for this family related gentleman to sign. Even if it only became apparent later then the contracts should have been rescinded.
This begs the question: how can a GSD government, led by a leading lawyer and a QC, have a total disregard for the law. The former Supreme Leader may have thought he was the law, or above the law on whatever heavenly cloud he was floating on, but sadly for him he was not and is not.
So the former Supreme Leader broke EU law and also seemingly ignored the 1991 Nature Protection Act of Gibraltar: a law which still stands to this day. I suspect the list will get longer before we are done. One day the law will catch up with the former Supreme Leader and his former Government.
It will be interesting to hear what the former Supreme Leader’s Justice Minister, Daniel Feetham, has to say on the subject of these laws especially as he also is a respected lawyer and participated in this government.
For instance as the law minister did Mr Feetham advise his chief minister that he was breaking the law? If not, why not? If he did what was the former Supreme Leader’s reaction?
How does Mr Feetham justify his being a member of a government which has clearly acted illegally when he was meant to be the uphold of the law?
I do have a third question relating to Mr Feetham and the former Supreme Leader but that can wait to another day.