HC Deb 25 November 2002 vol 395 cc135-42

Motion made, and Question proposed, That this House do now adjourn.—[Derek Twigg.]

10.17 pm
Mr. Andrew Rosindell (Romford)

I am delighted to have been granted this debate today, for it is Parliament's first opportunity to reflect on the momentous referendum held in Gibraltar on 7 November. As official observers of that referendum, I and 10 other colleagues from the House were able to witness at first hand the open, fair and democratic manner in which the Government of Gibraltar conducted the entire exercise. From the preparations in the weeks leading up to polling day and the conduct and organisation of the polling stations to the speedy delivery of the result in the early hours of Friday 8 November, the referendum was one that any democratic society could be proud of.

Of course, as we all know, the referendum was not the first of its kind to be held in British territory during the past few years. On 11 September 1997, the people of Scotland voted democratically to establish their own Parliament, with 74 per cent. of them in support. On 18 September of that year, the people of Wales decided democratically to create an Assembly for the Principality, even though by a much closer margin of just over 50 per cent. On 7 May 1998, the people of London voted democratically for a Mayor and an Assembly, with 72 per cent. support. On 22 May 1998, the people of Northern Ireland also chose democratically to create their own Assembly, with 71 per cent. of the vote.

Now, the British people of Gibraltar have conducted their own democratic referendum on a constitutional question: the principle of sharing sovereignty with the Kingdom of Spain. With 99 per cent. of Gibraltarians voting against joint sovereignty, it was by far the most convincing of all the referendums so far.

I am sure that I speak for most Members of Parliament, and for most citizens of this country, in welcoming the Gibraltarians' overwhelming vote to remain British. On an 87 per cent. turnout, 99 per cent. of the vote in favour rejecting joint sovereignty with a foreign power is probably more than one could expect from any town within the United Kingdom—with the possible exception of the patriotic market town of Romford.

Before continuing, I would like to take this opportunity to warmly welcome the Minister to his new portfolio. It is with genuine relief that I and many other hon. Members here today greet that change on the Treasury Bench. In Gibraltar, there is great hope that the Minister will prove to be a true friend to the people of the rock.

In the past year, Gibraltarians have, understandably, felt bruised, let down and betrayed, but now, with a clear result in the referendum and a new Minister in office, I sincerely hope that a line can be drawn under a sad episode in relations between the Government of the United Kingdom and the people of Gibraltar. I urge the Minister to examine the issue carefully especially as we move into a new era of the debate. We must now enter a period of reflection to determine how the policy on Gibraltar will progress.

I hope that in view of the near unanimous vote, the Minister will acknowledge that the referendum result has, once and for all, exploded any claim that Gibraltar's situation resembles that of a divided society. Northern Ireland is a wholly false comparison. I hope also that he will agree that the referendum reflects the freely expressed will of a united community to retain its sovereignty and identity, and that, just like the referendums held in Scotland, Wales, London and Northern Ireland, the wishes of the Gibraltarian people should be respected, accepted and upheld.

I call on all Members of Parliament to recognise that now, in the light of the referendum result, Gibraltar's sovereignty, like the sovereignty of the Falkland Islands, must be regarded as a settled matter. In particular, the Brussels process should be abandoned immediately and the issue of sovereignty firmly removed from that or any other Anglo-Spanish agenda.

Some argue that it does no harm to keep Gibraltar's sovereignty on the agenda in a merely nominal fashion—the Spanish could raise the issue, but we British would have nothing to say on the subject. I utterly reject that dangerous argument. Retaining sovereignty as an agenda item, however nominal, offers hope to Madrid that one day, a British Government will give way. "Sit tight and wait for more favourable circumstances," our opposite numbers in Madrid will think. Their hope will be that one day, whether on the 50th or 250th time of asking, a British Foreign Secretary will give way.

Allowing claimants against British interests to foster the hope of securing their prize has been a bane of our foreign policy for nearly a century. While the device has, no doubt, helped relations in the short term, it has stored up trouble in the longer term. The trouble comes when we must either dash the nurtured hopes of a claimant state such as Argentina, or concede under the weight of their expectations.

If retaining sovereignty as a nominal agenda item is mistaken, locking the issue into a so-called process is doubly mistaken. Locked into a process, the issue is passed down from Government to Government—some more steadfast than others—until one day, almost inevitably, one Government, probably under pressure from the European Union, decide to concede Gibraltar's sovereignty. The people of Gibraltar deserve better treatment than to live under this permanent cloud of uncertainty.

However, on one point, I must congratulate Her Majesty's Government—on now honouring their pledge to enfranchise the people of Gibraltar in time for the European parliamentary elections in 2004. That is not before time. I understand that the Electoral Commission will be looking into which constituency Gibraltar will join. The incorporation of Gibraltar in a United Kingdom constituency for the European Parliament is a welcome development.

I express the hope that the Government will now also examine the case for another form of integration and allow Gibraltar to elect a Member to this Parliament. It is intolerable that the people of Gibraltar still have no elected voice on a whole range of issues that directly affect them. Why should they not be treated more directly as British subjects by having a place in our sovereign Parliament? I refer not just to foreign affairs and to defence matters, which remain the responsibility of the British Government, but to health care, higher education and many other vital services for which Gibraltarians must come to the United Kingdom. The Minister will be aware that a precedent exists for parliamentary constituencies with small populations—the Western Isles, for example. Granting the people of Gibraltar their own Member of Parliament would not only bridge the democratic deficit that I have outlined, but would send out the unambiguous message that Gibraltar is and will remain British.

The Minister will also be aware that every other European country has long since incorporated its overseas territories. We, however, retain our overseas territories in colonial limbo, a status that has been given a limited shelf life by the United Nations, that disadvantages those who live under it and encourages the hope among claimant states that they will eventually inherit after decolonisation. Of course, only the people of Gibraltar must decide their future constitutional status, but it is my sincerely held belief that devolved integration offers a remedy to all those defects and more. One thing that it would certainly do is slam the door firmly shut in the face of claimant states. Such action, although resented in the short term, prevents the far more awkward problems that I referred to earlier over nurtured expectations.

Integration also allows territories varying degrees of autonomy to suit the culture and the circumstances of themselves and their mother country. Although the French overseas territories are administered largely from Paris, the Dutch Antilles and Aruba, for example, have considerably more autonomy yet remain part of the Kingdom of the Netherlands. Equally, the Faroe Islands and Greenland have their own elected Governments while sending Members of Parliament to the Danish Folketing in Copenhagen. European membership and tax status are also no barriers to integration. Spain's Moroccan enclaves, the sovereignty of which she wisely refuses to discuss, both levy no VAT yet remain integral to Spain and inside the European Union. As the Minister must acknowledge, even within the United Kingdom, varying constitutional arrangements are present and are being extended, so why not apply the same logic to Gibraltar?

Never again must the Gibraltarians be forced to hold a referendum to tell their own UK Government what most Britons take for granted—that they want both themselves and their territory to remain British. They want it to remain British not just for this Parliament, not just until a future UK Government decide to reheat the Brussels process and not just until the Spanish Government decide to put pressure on British Ministers in the course of EU negotiations. They want a Gibraltar that is British in its entirety and in perpetuity.

10.29 pm
Mr. Lindsay Hoyle (Chorley)

I congratulate the hon. Member for Romford (Mr. Rosindell) on securing the debate. I also welcome my hon. Friend the Minister for Europe to his new position.

The hon. Member for Romford is right. It is important that we calmly reflect on what has happened. No one can forget the 98 per cent. "No" vote in Gibraltar. That was listened to in London and it must he listened to in Madrid; the Spanish Government have to reflect on the vote.

It is right to pay tribute to the people of Gibraltar. They used their democratic vote to express their democratic wish. It was good to see the Government and Opposition in Gibraltar coming together, along with Albert Poggio, Gibraltar's representative in London, who played an integral part in ensuring a fair and democratic vote. They and all the people of Gibraltar deserve our congratulations.

Surely we are at a new beginning. The vote should mark the end of the Brussels agreement. We need new discussions with Spain on border queues and the rights and security of air travel for the people of Europe and Gibraltar. I hope that my hon. Friend the Minister will take up the mantle and rise to the challenge. It lies with him to ensure that the aspirations of the people of Gibraltar are realised so that they get proper representation and an end to the wrongs done against them.

It is important that a clear message go out to Europe and Madrid: let us stop the bully-boy tactics. Surely Madrid realises that people do not expect to be hit with a stick. What people will say is, "No, we don't want more of this", and they will stand up for themselves. What better way of ensuring that the small population of Gibraltar—it has 30,000 people—has its agenda known throughout the world than by those people fighting for their democratic rights? We must ensure that the House respects that, as I am sure hon. Members will, and we must move on to a better Gibraltar.

The people of Gibraltar should have the right to consider integrating with the United Kingdom or having a new constitution so that they can move away from the old colonial governor with the feathers who walks up and down Main street. There is a new hope and a new challenge, and the people of Gibraltar deserve that. It is a new beginning for them. We should ensure that the House listens to and respects their voice.

We need to move on. I know that the Minister will take up the new challenge. The hopes of many people rest on his shoulders and he will not shy away from that responsibility. I am sure that he will rightly say that he will meet the Government of Gibraltar as soon as possible and listen to their views, which are important. The sooner the meeting takes place, the better it will be. It is important that we put the people of Gibraltar first, and we look to the Minister to give them comfort.

10.34 pm
The Minister for Europe (Mr. Denis MacShane)

This has been the most remarkable Adjournment debate that I have experienced at this time of night in my short life as an MP and my even shorter life as a Minister. I congratulate the hon. Member for Romford (Mr. Rosindell) on his powerful speech. I also congratulate my hon. Friend the Member for Chorley (Mr. Hoyle) on his contribution. I hope that, at the end of this debate, hon. Members will agree that I am a friend of Gibraltar—

Mr. Desmond Swayne (New Forest, West)

Who speaks slowly.

Mr. MacShane

My hon. Friend the Deputy Chief Whip told me to choose my words with care and said, "It's Denis against 40 Conservative MPs"—[HON. MEMBERS: "And some Labour MPs."] Indeed, but they are all my friends—we are at one on this issue.

There are not quite as many people in the Chamber as the 18,000 who voted in the referendum in Gibraltar a couple of weeks ago, but there are remarkably more Conservative Back Benchers present now than there were for the debate on Iraq. I had prepared part of my speech on the assumption that in the six days of debate on the Queen's Speech Opposition Front Benchers would call a debate on foreign policy, and would raise their deep concerns about Gibraltar. Instead, the subject has been put before the House late at night in an Adjournment debate. That is certainly a tribute to the hon. Member for Romford, but whether it provides a true analysis of the interest that Conservative Front Benchers take in the issue I leave to the judgment of the people of Gibraltar.

The presence in the Chamber of hon. Members from nearly all parties is a clear sign of their genuine concern for the people of Gibraltar and their future. We all share the concern that there should be a better future for the people of Gibraltar. It is precisely that desire—[Laughter.] The Opposition are laughing with me. I can take them when they are laughing at me; I can take them when they are jeering or shouting me down. However, I ask the assembled ranks of the Opposition to calm down and let me make my own speech—

Mr. Keith Simpson (Mid-Norfolk)

In my own time.

Mr. MacShane

Indeed. The desire to secure a stable and prosperous future for the people of Gibraltar continues to drive the Government's policy, but the current situation, with the continuation of the 300-yearold dispute, does not yet offer hope of that better future. The hon. Member for Romford, in his powerful and eloquent speech, said that the Gibraltarians were British in perpetuity. If he reads the treaty of Utrecht, whether in the original Latin or Spanish, he will find that the Spanish ceded Gibraltar in perpetuity to the British Crown, so that is not an issue. We want to see what the House can do to try to improve the quality of life for all Gibraltarians—the people who voted in the referendum—who deserve a future free of the worries that they have had throughout my lifetime about border delays, restrictions on air services, telecommunications and so on. The assumption that the House can at a stroke remove those problems may not be justified. We need to shape an opportunity that will promote better economic development for Gibraltar and the surrounding region to enable Gibraltar fully to realise its potential. With that process in mind, the Prime Minister and the Foreign Secretary decided to relaunch the Brussels process talks in July last year.

I am very happy so far in my new job as Minister for Europe. I should like to stay in it. I want to do right by the people of Gibraltar. I seek no promotion to the Cabinet.

In taking their decision to relaunch the Brussels talks in July last year, my right hon. Friends were recognising, as Margaret Thatcher did almost 18 years ago to this day, that the only way to secure a more prosperous future for Gibraltar was through a negotiated resolution of the dispute with Spain on all issues, including sovereignty. That was the position of the former Prime Minister, Baroness Thatcher. The hon. Member for Romford seemed to think that we should bury the former Prime Minister and drive a stake through the Brussels process, which was her initiative. I am not confident enough, and I do not have the mandate at the Dispatch Box, to be so cruel or unkind to the former Prime Minister, Mrs. Thatcher.

From the start, we have been absolutely clear that this Government would stick by the pledge given by the Labour Government of Harold Wilson in 1969—that there would be no change in sovereignty without the consent of the people of Gibraltar. Let me say it again: no change in sovereignty without the consent of the people of Gibraltar. Hence, if we could reach agreement with Spain—please notice the two conditionals, "if" and "could"—on a comprehensive settlement, the whole package would he put to the people of Gibraltar in a referendum and they would decide. That is a cast-iron assurance to the people of Gibraltar, and I do not know how I can make it any plainer to my hon. Friends or to the hon. Gentleman.

We were also clear from the start that we wanted the Chief Minister of Gibraltar, Peter Caruana, to be involved in the process so that the Gibraltarians could help shape it. That invitation remains open. As hon. Members are aware, three Brussels process meetings took place—in July 2001, November 2001 and February 2002—and were fully reported to the House. A further meeting was due to take place in July this year, but, due to Cabinet changes in Spain, it did not take place. My right hon. Friend the Foreign Secretary, conscious of his undertaking to keep Members informed of progress at every stage, therefore made a statement to the House on 12 July in which he reported on where we had got to in the talks and on Her Majesty's Government's policy towards Gibraltar.

As hon. Members will, I hope, recall, that statement set out a number of principles that we believe should underpin a lasting settlement, on which we had reached broad agreement with Spain. Those included the principle of joint sovereignty, which has been the focus of so much attention since, as this debate has shown. Other principles were included, too—that Gibraltar should have more internal self-government; that it should retain its British traditions, its customs and its way of life; that Gibraltarians should retain their right to British nationality; that Gibraltar should be free to retain its institutions; and that Gibraltar could—again, the conditional—choose to participate fully in the EU single market and other arrangements.

The statement also set out some important "red lines" on the need for a permanent settlement, and on the need for current arrangements for the British military facilities to continue. It made clear again that any agreement must be acceptable to the people of Gibraltar in a referendum. It was absolutely clear throughout the statement that no agreement had actually been reached, and that there would be no such agreement unless Spain met the conditions—the "red lines", as we would call them—in full. There were therefore no proposals to put to the people of Gibraltar, and that remains the position. That statement is a matter of public record.

The hon. Member for Romford attended the Gibraltar referendum on 7 November and saw it at first hand. He made a powerful speech about it, but I want to tackle the suggestion that we sought to dismiss the idea of the referendum out of hand or ignore it. I do not ignore any expression of the people's will, whether it is made in a Countryside Alliance march or any other mass mobilisation, demonstration or referendum.

The principle of the consent of the people of Gibraltar is central to our approach. Our commitment is firm that if we reach agreement on a comprehensive settlement the whole package will be put to the people of Gibraltar in a referendum and they will decide on it. I again give that cast-iron pledge from the Dispatch Box. No proposals were on the table on 7 November and even the most pro-Gibraltarian Member would agree that the result of the referendum was what we expected.

However, we are not deaf or stupid, and we have listened to the views expressed by Gibraltarians on 7 November and in the run-up to the referendum, just as my right hon. Friend the Foreign Secretary listened when he visited the Rock in May. We shall also reflect on the report published by the Select Committee on Foreign Affairs, which has not been mentioned. I hope that before long those on the Opposition Front Bench will table a substantive motion or give up a whole Opposition day to foreign affairs policy, so that the whole House can debate this issue and the other great issues that divide it.

On Gibraltar, my cast-iron assurance is there: there will be no change in sovereignty without a referendum of the people of Gibraltar.

Question put and agreed to.

Adjourned accordingly at fourteen minutes to Eleven o'clock.