HL Deb 25 October 1990 vol 522 cc1520-2

3.6 p.m.

Lord Merrivale asked Her Majesty's Government:

What is the present position in relation to the Algeciras to Gibraltar ferry service, following the response they have received from the director- general in the Commission responsible for transport matters, and their decision to take up the matter with the EC commissioner for transport, bearing in mind the directive establishing freedom of maritime services.

Lord Reay

My Lords, following the Commission's reply, we will continue to take all active measures open to us to bring about the introduction of the ferry service.

Lord Merrivale

My Lords, I thank the Minister for that reply. Can he say whether the Foreign and Commonwealth Office has yet received a legal opinion on this matter which would support its interpretation of the directive, as it is now three months since I received a letter from the noble Lord, Lord Brabazon of Tara, on the matter?

Lord Reay

My Lords, we wrote to the European Commission on 9th February and again on 7th May asking it to examine the refusal by the Spanish Government to allow a Spanish company to operate a ferry service between Algeciras and Gibraltar. The director-general for transport in the European Commission replied to our letters on 29th May saying that the Spanish action was not in conflict with the guarantees on the freedom of maritime transport provided by European Community Regulation No. 4055/66 and that therefore there were no grounds for seeking an explanation from the Spaniards. We are disappointed and surprised by the views of the director-general and we are considering what further steps we should take.

Lord Kilmarnock

My Lords, does the noble Lord agree that the real answer to the Question of the noble Lord, Lord Merrivale, is closely linked to the question of the airport? If Gibraltar were seen to be moving more towards sharing the airport with the Spaniards, there would perhaps be movement as regards the ferry service too. Are not the two matters connected?

Lord Reay

My Lords, they are connected in the sense that they constitute agreements which were reached at the same time under the Brussels process. However, in our view one is not dependent on the other: Spain should implement the ferry agreement regardless of the attitude taken by Gibraltar towards the airport agreement.

Lord Cledwyn of Penrhos

My Lords, this is an unfortunate and longstanding dispute and I am sure that the Government are doing their best to resolve it. When did British Ministers last meet Spanish Ministers to discuss this matter? As regards the point made by the noble Lord, Lord Kilmarnock, will the Minister say whether the attitude of the Government of Gibraltar towards the airport remains the same?

Lord Reay

My Lords, I cannot, I am afraid, give a date as regards the last occasion on which we raised this matter with Spain. However, we have done so on a number of occasions and we shall continue to do so. There is no sign that Gibraltar has yet changed its mind on the airport issue, but we take every opportunity to ask it to do so, and most recently did so during the visit of my honourable friend in September.

Lord Boyd-Carpenter

My Lords, what justification do the Spanish Government give for their refusal to allow this service to be reconstituted? The service dates back many years. Is this part of the futile Spanish attempt to grab Gibraltar?

Lord Reay

My Lords, Spain has said that it turns down the application to operate the ferry service for international policy reasons. We understand that this may be because Gibraltar has declined to implement the airport agreement which was reached at the same time as the ferry agreement on 2nd December 1987.

Lord Merrivale

My Lords, if I missed my noble friend's first reply, I apologise, but can he say when Her Majesty's Government will write to the EC commissioner for Transport?

Lord Reay

My Lords, we are considering what further action we should take in the light of the Commission's letter. There are several options, one of which is the option mentioned by my noble friend.