When A Law Isn't A Law

A peculiarity of Balearics legislation is that it isn't as legislative as it might appear. Laws are drafted, debated, red-drafted and then presented, approved and posted onto the Official Bulletin, but they do not end there. Indeed, this can be only the beginning of the process. This, at least, is what we have to accept is the case with Balearics tourism law. Approved in 2012, it seems that it was more of a consultative document than the real thing. Representatives of various tourism and business associations met tourism minister Jaime Martínez on Tuesday and they expressed their approval for the law, three years after it had been approved. Or so we had thought.

The key to all this lies with the word "regulation". This might seem to be synonymous with legislation, but it would appear that legislation needs to be regulated. Confused? You should be. The final and definitive contents of the 2012 law will be revealed next month, and to add to the confusion, we understand from minister Martínez that the 2012 (2015) law will in fact be the first regulated tourism law in the Balearics because the 1999 tourism law "did not develop regulations". Meaning what precisely?

Legislative lunacy aside, it might be noted that not all the associations who met with Martínez or had met with him during the process of regulating the legislation are in total agreement with the regulations. Most are, but then most will be getting what they want, like the hoteliers. Among these associations was APTUR, the one for the renting of tourist apartments (holiday lets). It is probably safe to assume that when April comes they will not be singing the law's praises.

The timing of this regulation has not gone unnoticed. Firstly, it will be issued just as the season gets underway and secondly, it will appear just weeks before the election. The timing is, therefore, both poor but also expedient - the PP is ensuring the law is fully regulated just in case it loses the election and some other lot discovers that the law hadn't been fully regulated and so applies different interpretations.

Martínez maintains that the industry has been willing to work towards achieving "consensus", but as he also says that the law marks commitments to quality and against "illegal supply and unfair competition", one would have to doubt that there is consensus. The holiday lets issue apart, it will be interesting to know exactly how fears of the non-hotel complementary sector have been addressed in respect, for example, of the so-called secondary activities in hotels which pose a direct competitive threat to the complementary sector. The chances are that they won't have been or this would have meant backtracking on what the 2012 law supposedly permitted and which has been taken as the green light by certain hotels: the Cursach BH Hotel being a prime example because its activities will be open to non-hotel guests, which is what secondary activities refer to.