Representation of Overseas Territories (Hansard, 14 June 2000)

§ Mr. Andrew Mackinlay (Thurrock)

I beg to move, That leave be given to bring in a Bill to provide for the representation of Gibraltar by a Member of Parliament, subject to limitations, and for limited representation of other overseas territories at the Parliament of the United Kingdom of Great Britain and Northern Ireland; to include Gibraltar within a European parliamentary constituency; to confer upon Chief Ministers the right to petition the House of Commons at the bar of the House; to improve for elected members of the Legislative Councils access to and communications with Members of the House of Commons; and for related purposes. The Bill would remedy a democratic deficit that diminishes our capacity to scrutinise the role of the Foreign Office and other Government Departments in relation to overseas territories and denies to people who are British citizens, or who have been promised British citizenship but have yet to have it delivered, the right to be represented in their national legislature. It is important to bear in mind the fact that while overseas territories have local legislatures for their domestic matters, ultimately this is their Parliament, my right hon. Friend the Prime Minister is their Prime Minister, my right hon. Friend the Foreign Secretary is their Foreign Secretary, my right hon. Friend the Secretary of State for Defence is their Secretary of State for Defence, and they have the right to be heard in this place in respect of the competencies of those Ministers and to be able to complain.

The overseas territories are now small in number. They pepper the globe, and their populations are also relatively small. However, there is no reason why they should not have access to this place and be represented. That is what parts I and II of my Bill seek to achieve. I want to give the opportunity to representatives of those overseas territories to able to come to this Parliament and probe the Government, to table parliamentary questions, to seek Adjournment debates, to request statements and to complain. It is time we enabled them to do that.

I know that the Minister will be persuaded by the argument that such facilities for overseas territories are provided by democracies comparable with the United Kingdom. In its Congress, the United States allows a non-voting delegate for the smaller territories of Guam, the United States Virgin islands and Samoa, and it makes similar provision for larger territories under its jurisdiction, such as Puerto Rico.

France makes similar provision for its territories in the Pacific and in the Caribbean. People from those territories are represented in France's National Assembly. Spain makes similar provision, as does the Netherlands. We really do have to recognise that we are failing those to whom we owe British citizenship.

The House will recall that, not long ago, a volcano blew up in Montserrat, and that there was great controversy about whether the British Government's stewardship and response to it were fair or appropriate. Although I do not wish today to trespass on that matter—indeed, I am not qualified to make a judgment on it—I believe that the people of Montserrat had the right to come to this place and to be able to complain. My Bill would give them that right. It would also provide Ministers with the ability to use the appropriate forum for answering the questions of the representatives of our territories.

943 The injustice is not limited to our relations with Anguilla, the British Virgin Islands, the Falklands, Turks and Caicos, St. Helena and Montserrat—the treatment of Gibraltar stands out as a glaring injustice and anomaly. Although Gibraltar is within the geographical jurisdiction of the North Atlantic treaty and of the European Union, it is frequently traduced by Spain and by other parties. Even in this place, one occasionally hears informal, unfair complaints about Gibraltar's competence. It seems to me not only that such complaints should be uttered on the Floor of the House, but that a Member of Parliament from Gibraltar should be able to respond to them.

I am seeking not a representative who can table questions about Sedgefield or Thurrock, but people who would be able to table questions on Gibraltar or on other overseas territories defence issues, foreign affairs issues and other issues that have demonstrable ramifications for them all.

Those of us who have been privileged to go to Gibraltar or to other overseas territories as guests of the domestic parliament or Government have been impressed by the loyalty that they show to the United Kingdom. It is important to remember that, if and when the United Kingdom goes to war, those territories' local legislatures cannot pass a resolution saying, "If you don't mind awfully, we'll sit this one out." They are locked in: they have to go to war. They do go to war. Funnily enough, when we go to war, British Governments suddenly decide that our territories are important. Recognition of our territories is long overdue.

My Bill will also enable Chief Ministers to be able to petition the House at the Bar. Such a right is not unprecedented. The old Dublin corporation was allowed to make use of it, as I believe the City of London corporation is still allowed to do. I would not be happy if the City of London exercised the right, but I would certainly be pleased if the Ministers of overseas territories—particularly the very small ones, with a population of a few hundred people—not only felt able to come to the House, but had the right to send a representative here.

My Bill also addresses the important issue—its importance was recently impressed on the Minister in a recent debate in Westminster Hall, as it was on all of us who visited and were hosted by Gibraltar on its national day—of the need immediately to extend to Gibraltar the franchise for European parliamentary elections. It is an issue which the House needs to address not just before the next European elections, but now.

I remind Ministers that, after the Government were elected, we had a debate in which I argued that the franchise should be extended to Gibraltar. Ministers made a twofold reply to my argument: first, extension was not necessary; secondly, extension was not possible in law. Of course, as so often happens, Ministers were proved wrong in the courts. They have now altered their tune, saying that the time is not right to extend the franchise and that they have to consult Spain and the European Union on it. That reply is not good enough.

944 Although I am described as what I believe is called a Europhile, one belief that I share with hon. Members on both sides of the House who hold differing views on Europe is that the power and duty to decide whom we should include on our electoral roll are exclusively for this House. That is not a matter for consultation with Spain or the European Union. It is well within our competence to put it on our statute book now that the people of Gibraltar shall be included in the electoral roll of the United Kingdom of Great Britain and Northern Ireland in time for the next European elections.

Dodging and ducking the issue causes irritation, doubt and suspicion. It is time the Home Secretary or the Foreign Secretary said at the Dispatch Box either that they will implement this Bill or that they will introduce their own measure swiftly, to underscore the fact that these people will get their vote at the next European elections.

For those reasons, I hope that I can interest all corners of the House in supporting this measure. I hope that my few remarks will persuade the Government to address themselves to the representation of overseas territories, to the right of the people of Gibraltar to have the franchise at the European elections, and to the access of legislators in such places to a useful dialogue with Members of the House of Commons. I think that otherwise it is a case of "out of sight, out of mind".

We have a responsibility for the administration and good governance of these places, yet we have no way of knowing whether the governors are good, bad or indifferent. We do not know about the conduct of these people, particularly in the faraway stretches of the globe where there is often no airstrip—in St. Helena, for instance.

My Bill would provide for greater intercourse and dialogue between Members of the House of Commons and members of the local legislative councils. That is not instead of, but in addition to, its other provisions.

Therefore, with some pride and uncharacteristic humility, I seek the support of the House to introduce the Bill.

Question put and agreed to.

Bill ordered to be brought in by Mr. Andrew Mackinlay, Mr. Brian Cotter, Mr. Lindsay Hoyle, Mr. John Austin, Mr. Roy Beggs, Mr. Christopher Gill, Sir Teddy Taylor and Mr. Syd Rapson.