GIBRALTAR (Hansard, 31 January 1968)

§ Sir Cyril Black (Wimbledon)
I am glad to have the opportunity of raising the subject of the future of Gibraltar. I want to be as short as possible so that whoever replies for the Government has time to tell us about the Government's intentions.
I raised this matter in an Adjournment debate on 18th June, 1965—that is, almost exactly 2½ years ago—but since then there have been many developments in the Situation and the circumstances have materially changed, un- 1514 fortunately for the worse. The value of this debate is twofold. First, it gives an opportunity for the House to reassure the people of Gibraltar of our continuing concern for them and with them in the difficult circumstances in which they find themselves. They can take encouragement from the fact that this House has turned aside from other matters for a short time. They are not the forgotten people as far as die British people are concerned, and we want that message to go back to Gibraltar.

§ Mr. R. J. Maxwell-Hyslop (Tiverton)
Hear, hear.

§ Sir C. Black
Secondly, the debate gives an opportunity for the Government 1515 to make a Statement and to give us up-to-date information on the present Position in Gibraltar and to tell us their intentions in the light of the intolerable Position in many respects in which the people of Gibraltar find themselves. I want to express the unbounded admiration which I am sure all hon. Members and our nation feel for the people of Gibraltar in the circumstances in which they are placed.
I have visited the territory on two occasions. I have met many people there with whom I have talked, and no one can go there without being impressed by the loyalty of the population—loyalty to the British Crown and loyalty to the British flag. In peace and in war, they have been steadfast. In war, they have displayed fortitude and in peace resolution and restraint.

§ Mr. Maxwell-Hyslop
Hear, hear.

§ Sir C. Black
The serious harassment of Gibraltar began in 1964—about four years ago. The Spanish campaign against the people of the territory in 1964 took the following forms. Vehicular traffic across the frontier was brought almost to a standstill. Goods formerly purchased from Spain were withheld and had to be obtained elsewhere, and Spanish workers in Gibraltar, some of whom had lived all their lives in Spain, were denied the use of passports and passes. In 1966, further and more onerous restrictions were imposed. Vehicular traffic across the frontier stopped completely; all imports by land were cut off.
More recently still, there have been three further developments of a serious character. Perhaps we can be given some information tonight on these developments. First, aircraft landing and taking off from Gibraltar have been subjected to wholly unreasonable restrictions. It is suggested that on some occasions these restrictions have even imperilled the aircraft involved. Secondly, Spanish warships, so it is said, have been moored just off the Rock, and I think that the House would like to know whether any actual infringement of territorial waters has taken place. Thirdly and most recent of all, within the past few days, apparently the United States of America has been threatened by the Spanish Government that, if United States ships 1516 use the port of Gibraltar, they will be barred for that reason from Spanish ports.
These are unprecedented acts in time of peace. What does Spain hope to achieve from these measures? Unfortunately, the objects of Spain have now been made only too clear. There was a time when various pretexts were given for the harassment that was taking place. They were pretexts which were obviously not the real reason for the Spanish campaign. But at least Spain has now come out into the open, and it has been made clear beyond the possibility of misunderstanding that what she is seeking is neither more nor less than the transfer of sovereignty from this country to herself, and, of course, this is something which the British Parliament and people can never contemplate in any circumstances.

§ Mr. Maxwell-Hyslop
Hear, hear.

§ Sir C. Black
Our title to Gibraltar is beyond any reasonable ground of dispute. We are there by right of treaty. We are there by right of 250 years of unchallenged and undisputed possession. What is more important, we are there by the will of the people of Gibraltar themselves. For many years past, self-determination has been accepted among enlightened nations as the proper rule to be applied in regard to the sovereignty of nations and of peoples.
The principle of self-determination was enshrined in the Constitution of the old League of Nations, and it is enshrined in the Constitution of the United Nations that the will of the people democratically expressed in a territory should be the final arbiter as to the sovereignty of those people and the kind of Government to which they should be subject.
The recent referendum in Gibraltar has made clear, if the matter was not clear prior to it, that, overwhelmingly, the people of Gibraltar wish to enjoy the continued benefits of the British connection, and they wish the British flag to continue to fly above the Rock. As President Wilson put it, People and provinces are not to be bartered about from sovereignty to sovereignty as if they were chattels or pawns in a game. But that is just what the Spanish Government are asking that we should do. They 1517 are asking that we should make the territory and the people of Gibraltar pawns in a game. That is something that the British people can never do, except at the cost of the dishonour of this nation —a dishonour which the people would never be willing to assume.
What is the strategy of Her Majesty's Government in these circumstances? I venture to think that it is not at all clear. So far, there has been little but words. while the position has continued to deteriorate. We have always seemed to be one jump behind. The initiative in this war of nerves seems always to be with the other side. We are not defenceless in this issue. We have many weapons in our armoury, if we care to unsheath them and use them.
I do not wish this evening to specify or to advocate any particular actions that we might take, because I do not wish to inflame further the deep feelings which have already been stirred, and which have, for the present time, put an end to the long and historic friendship between the Spanish people and our own people, but I believe that the time has surely come, if it be not overdue, for some action of a positive, definite and constructive kind to be taken by our Government. Everyone in this House and in this country desires a resumption of friendly relations with the Spanish Government and the Spanish people, but just as it takes two to make a quarrel, so it takes two to make a friendship, and we have for a long time past been holding out the hand of friendship to Spain, but there has, unfortunately, been no reciprocation from that side. Therefore I want to ask this evening what the Government intend to do.
I am, of course, only a back bencher among Members who sit on this side of the House, but I think I know the mind and the purpose of the Leaders of the Opposition parties sufficiently to be able to say that any reasonable, constructive action which the Government may wish to take in this matter is assured of Support from all parts of and all parties in this House.
It really is a tragedy that two territories, such as Gibraltar and Spain, where the populations of both are overwhelmingly Christian, and owe, indeed, a common allegiance to the same 1518 Christian Church, should be in these conditions of harassment on the part of Gibraltar by Spain, and of misunderstanding, lack of co-operation, and of mistrust and ill will, which at present disfigure the relationships between the two territories and the two peoples. What are the Government plans for ending this tragedy and bringing back peace where discord at present holds sway?

§ Sir Frederic Bennett (Torquay)
I shall not presume upon the Minister's time more than to say one word in support of what, if I may say so, has been the best speech here yet on the subject of Gibraltar, a speech for which, I am sure, my hon. Friend the Member for Wimbledon (Sir C. Black) received support from both sides of the House. I hope that the Minister will take the opportunity to answer the very pertinent questions my hon. Friend put to him, and that he will deal also with the positive side of Gibraltars future, and its constitutional future. After the referendum we were told there would be constitutional talks early this year. In spite of repeated Questions, we have not yet managed to get any definite information about that, and I hope the Minister will take the opportunity to say a word about that, apart from questions of defence, and will also have something positive to say about Gibraltar's future.

§ Mr. Maxwell-Hyslop
I intervene very briefly to express the hope that the Minister will manage to squeeze into his speech a little publicity for the tourist facilities which Gibraltar can now pro-vide. It is often overlooked, in the surveys of where one can have holidays abroad. To go for holidays there is a positive step which the people of this country can take to support Gibraltar and have thoroughly enjoyable and inexpensive holidays, too.

§ The Minister of State for Commonwealth Affairs (Mr. George Thomas)
There is no need for me to do other than underline what the hon. Gentleman the Member for Tiverton (Mr. Maxwell-Hyslop) has just said. Gibraltar does offer a most attractive Situation for those who want their holidays in the sunshine and in the Sterling area. It has tremendous advantages, as, of course, has Malta.
1519 We are all grateful to the hon. Member for Wimbledon (Sir C. Black) for bringing to our attention the subject of Gibraltar, on which there is no division, certainly not on party lines, between us. I believe that the House is united, as is the country, in a determination that there are two basic principles in connection with Gibraltar, which we cannot and will not betray. First there is the principle that the interests of the people themselves must be paramount. Second, that the people of Gibraltar should have the right, freely to express their wishes as to the future. This they have done in no uncertain manner.
My noble Friend Lord Caradon, speaking at the United Nations recently on the subject of Gibraltar, said: We have maintained, and constantly stated that to hand over this small, proud, united Community of free men, against their will, bound forever to a régime which has done so much in an endeavour to harm them, would be an intolerable injustice. We believe that their interests must be taken into account in determining their future. and not merely after their fate has been settled. On this matter I join the hon. Member in sending a message to the people of Gibraltar, and Lord Caradon's words express the determination of Her Majesty's Government in this respect. We remain ready, as always, to resolve the differences between us by discussion, as befits two members of the United Nations, but we certainly could not enter upon such discussions solely on the basis of the recent General Assembly Resolution. The hon. Gentleman has raised several matters of importance.
The hon. Member for Torquay (Sir F. Bennett) raised the matter of the Constitution. I am pleased to tell the House that my noble Friend Lord Shepherd, the Minister of State, is going to Gibraltar within the next day or two to begin discussions that will lead to constitutional talks. None of us would want to muddy the waters, to make any difficulties for my noble Friend. I have a tremendous confidence, as have the Government, that Lord Shepherd will be able to get the mind of the Gibraltar people and to find out what they think of their future.
The hon. Gentleman rightly asked questions about the future of the people of Gibraltar. The object of my noble Friend's visit, in addition to taking stock 1520 of the whole Situation in Gibraltar, will be to talk over informally with representatives of the people there what they have in mind and to discuss the timing and arrangements for later discussions. I hope and believe that these talks can be very fruitful.
The hon. Member for Wimbledon referred to three difficulties: the difficulty of aircraft landing and taking off; infringement of territorial waters; and the question of ships of the United States of America.
Referring, first, to the question of aircraft landing and the prohibited area, on 6th September we filed with the International Civil Aviation Organisation Council in Montreal a memorial stating our case over the prohibited area and setting in motion the appropriate procedure for the settlement of disputes under Article 84 of the Chicago Convention. Spain has been required to file a counter-memorial by 1st February— tomorrow.

§ Mr. Maxwell-Hyslop
By now.

§ Mr. Thomas
By now. Flights to Gibraltar continue normally, but on a number of occasions the prohibited area has affected the regularity. It is causing Problems for flights at Gibraltar— Problems which did not exist before—and this means that passengers on flights to Gibraltar face a certain irregularity. However, the flights are going normally to Gibraltar.
The question of the delimitation of territorial waters at Gibraltar has a long and complicated history, as the hon. Gentleman knows. Agreement has never been reached between Britain and Spain on this question. In 1966 it was one of the issues which we offered to submit for adjudication to the International Court of Justice, but Spain refused the offer. In December last we made clear to the Spanish Government our view that, under international law, the correct way to divide the waters, where the coasts of two States adjoin and where agreement has not been reached between those States, is by means of the median line. On a small number of occasions in recent months Spanish naval vessels have anchored slightly on the Gibraltar side of the median line, but they have not infringed local regulations or interfered with shipping. On each occasion the 1521 Spanish ships have been informed that they were anchored in our territorial waters. We have registered the point.
The third question to which the hon. Gentleman referred related to ships of the United States of America. We welcome the use of Gibraltar by our N.A.T.O. allies. This continues, as in the past. The Spanish Government are reported to have protested to the American Government about the recent visit to Gibraltar of units of the American Sixth Fleet. It is well known that the American Navy uses Gibraltar, and has done for many years. The fuss that the Spanish Government are making over the recent visit of the American Sixth Fleet there-fore seems quite without justification. It is not for me to comment on threats made by Spain to the United States of America. I have no doubt that she is well able to look after herself.
I echo what the hon. Gentleman said about goodwill for the people of Gibraltar. I would not like to exaggerate the effect on their economy of the niggling provocations—

§ Mr. Dan Jones (Burnley)
My hon. Friend referred to three points raised by the hon. Member for Wimbledon (Sir C. Black). There is another point to which I think he should refer, namely, the fact that both countries live under the same Christian Church. I know something about this problem, having been there, and having been to Spain as well. I have reason to believe that the point made by the hon. Gentleman about the influence 1522 of the Christian Church has not been taken up by Her Majesty's Government. I could expand on this at great length, but time is short. Do the Government consider that it would be, first, ethical, and, secondly, effective, to seek the aid of the Christian Church to bring this unfortunate conflict to a reasonable end?

§ Mr. Thomas
I presume that my hon. Friend is suggesting that the Government should approach His Holiness the Pope. It is an interesting Suggestion, which I will ensure is duly considered. My hon. Friend has made a fair point.

§ Mr. Jones
I have already approached the Pope's representative in this country, and I am able to tell the House quite authoritatively that such an approach would be welcomed.

§ Mr. Thomas
I am obliged to my hon. Friend. I have a high regard for the Apostolic Delegate, as I know others have, and I am very interested in the in-formation which my hon. Friend has given to the House.
The people of Gibraltar are succeeding in their economy. They have managed to balance their budget for 1968 without the need for financial assistance. We have made it clear to them that we are deter-mined to sustain them, and the world might as well understand that fact.