§ 3.40 p.m.
§ LORD BESWICKMy Lords, I should like to repeat a Statement made in another place by my right honourable friend the Minister of State on the subject of Gibraltar. The Statement is as follows:
"The House will recall that on December 20, 1966, the General Assembly of the United Nations adopted a resolution, No. 2231, calling upon Britain and Spain to continue their negotiations about Gibraltar, taking into account the interests of the people of Gibraltar and asking Britain, in consultation with Spain, to expedite the decolonisation of Gibraltar. Spain voted for this resolution. So also did Britain, with the statement, by our Permanent Representative at the United Nations, that Britain could never agree that decolonisation would mean the incorporation of Gibraltar into Spain against the wishes of its people, and also that nothing could prejudge the question of the type of decolonisation which would best fit the circumstances of Gibraltar.
"We have been considering our policy towards Gibraltar in the light of this resolution. In doing so we must have regard to the relevant provisions of the Charter of the United Nations, in particular Article 73 which expresses the principle that the interests of the inhabitants of a non-self-governing territory are paramount. We must also have regard to our obligations under the Treaty of Utrecht.
938 "As the House knows, we duly arranged to hold talks with the Spanish Government in pursuance of the United Nations resolution. The first meeting between delegations of the two countries was to have taken place in London in April. We greatly deplored the action of the Spanish Government in announcing, on the eve of the talks, new restrictions plainly aimed against the economy of Gibraltar. Such action was in clear conflict with the terms of the General Assembly's resolution, which regretted the occurrence of acts which had prejudiced the progress of the previous Anglo-Spanish negotiations. The talks were postponed in order to enable us to consider the new situation. As honourable Members know, we raised the matter in the International Civil Aviation Organisation and have also attempted to resolve the problem in bilateral talks with the Spanish Government. We are taking steps to bring the matter before the Council of I.C.A.O. once more, this time as a dispute under Article 84 of the Chicago Convention. I should prefer not to go further at this stage into the international aspect of the problem, which is primarily a matter for my right honourable friend the Foreign Secretary.
"But we should not be deterred by this dispute or by the difficulties which Spain has made over the holding of talks from pursuing the objectives of the United Nations resolution.
"I must repeat our firm belief that decolonisation cannot consist in the transfer of one population, however small, to the rule of another country, without regard to their own opinions and interests. We therefore think that the next step in pursuance of the United Nations resolution should be to give the people of Gibraltar an opportunity to express their views, by a formal and deliberate act, on what would best serve their interests.
"We have accordingly decided that a Referendum should be held in Gibraltar in which the people of Gibraltar should be invited to say which of the following alternative courses would best serve their interests:
"If the majority of the people of Gibraltar vote in favour of the first alternative, we will be ready to enter into negotiations with the Spanish Government accordingly.
- (a) to pass under Spanish sovereignty in accordance with the terms proposed by the Spanish Government to us on May 18, 1966; or
939 - (b) voluntarily to retain their link with Britain, with democratic local institutions and with Britain retaining its present responsibilities.
"If the majority of the people of Gibraltar vote in favour of the second alternative, we will regard this choice as constituting, in the circumstances of Gibraltar, a free and voluntary relationship of the people of Gibraltar with Britain. We will thereafter discuss with representatives of the people of Gibraltar appropriate constitutional changes which may be desired.
"If the majority vote for the second alternative, provision will also be made for the people of Gibraltar to retain the right at any future time to express by a free and democratic choice the desire to modify their status by joining with Spain, in which event we would be ready to approach the Spanish Government accordingly.
"We attach great importance to the Referendum being held in conditions of complete impartiality. We want the people of Gibraltar to be able to think calmly where their interests lie and to express their choice free from pressures of any kind. We are bringing our intention to the notice of the Secretary-General of the United Nations and we should very much welcome the presence of any observer he might wish to send to Gibraltar during the Referendum proceedings. We are ready to welcome an observer from Spain too and to give the Spanish Government facilities to explain their own proposals to the people of Gibraltar if they so wish. We also have in mind to invite observers from one or two other Commonwealth countries.
"It is our intention to hold this Referendum as soon as suitable arrangements have been made for the registration of persons entitled to vote. These arrangements will necessarily take some time. Our present expectation is that the Referendum will be held early in September."
§ LORD CARRINGTONMy Lords, I must thank the noble Lord for repeating 940 that Statement. I think it would be true to say that in this dispute about Gibraltar Her Majesty's Government have been very forbearing—indeed, some people might say they have been too conciliatory. So far, on the whole, the actions taken by the Spanish Government have been pin-pricks; although I think the air regulations are of a rather more serious character. If the reference to I.C.A.O. is unsuccessful we shall have to press noble Lords opposite on what they intend to do in that respect. But we think it is very important at this stage that Her Majesty's Government should retain the confidence of the Gibraltarians, and I was glad to hear the noble Lord say in the Statement, as I understand he did say, that there was no question in any circumstances of any transfer of the sovereignty of Gibraltar against the wishes of Gibraltar.
§ LORD BESWICKMy Lords, I warmly thank the noble Lord, speaking for the Opposition, for the way in which he has received this Statement. I can confirm that the assurance for which he asked is, in fact, embodied not only in what I said but in the spirit which animates the policy of Her Majesty's Government.
§ LORD BYERSMy Lords, we on these Benches give a general welcome to these proposals, although they are unusual. I hope they will not be used as a precedent in other parts of the world such as Rhodesia. This leads me to ask: who is going to organise the Referendum? The Statement made reference to offering facilities to the Spanish Government. What sort of facilities will those be; and who will be responsible for putting the case for the second alternative?
§ LORD BESWICKMy Lords, so far as the presentation of the Spanish Government's case is concerned, the details will have to be worked out. If they accept our invitation, this will be entirely a matter for negotiation or discussions between the Spanish Government and ourselves. So far as the actual administration of the Referendum is concerned, that will be the responsibility of Her Majesty's Government; but, as we have said, we shall be pleased to have observers on the spot to see that everything is done in the most fair and objective way possible.
§ LORD BYERSWould the noble Lord say anything about who is to put the case for the second alternative?
§ LORD BESWICKMy Lords, it would fankly, be a matter for discussion among the people of Gibraltar themselves. I do not myself think that the case is one that requires a lot of presentation.
§ LORD ROWLEYMy Lords, in view of the considerable amount of self-government in Gibraltar—we recognise the existence of a Chief Minister and a Cabinet—would it not be for them to be responsible for the mechanics of the Referendum, with representatives, as we hope, from Spain and with observers from the United Nations to satisfy public opinion throughout the world that it is a fair and impartial Referendum?
§ LORD BESWICKMy Lords, the actual mechanics will require in the first place, as we see it, an Order in Council which will be submitted to Her Majesty, laying down the legal framework for the Referendum and giving the Governor power to make regulations on matters of detail, and to appoint a Referendum Administrator. It will be the task of the Administrator to have the register compiled, and of course the details about qualifications of voters will be matters for discussion.
§ LORD OGMOREMy Lords, in the discussions with the people of Gibraltar as to their future association with Britain, if they choose the second alternative, as we all hope they will, would the Government think of suggesting to them that there might be a representative or representatives from Gibraltar in this House?
§ LORD BESWICKMy Lords, I think the noble Lord, Lord Ogmore, now has in mind the case for integration, which is also being canvassed in Gibraltar. Such proposals are not embodied in the choice which is now being offered to the people of Gibraltar, or which it is proposed to offer them.
§ LORD OGMOREMy Lords, I was not suggesting that there should be integration. I was making a suggestion, which I have made on previous occasions with regard to other territories, that in such a case it would be a very happy thing for both countries if there were a representation in this House.
§ LORD BESWICKMy Lords, I think that is a matter which may well be discussed later. In the first place, however, the choice is on a general principle, which would not, I should have thought, have included a detail of that kind.
§ LORD IRONSIDEMy Lords, would the noble Lord, Lord Beswick, say whether the Government have the concurrence of Sir Joshua Hassan, the Chief Minister?
§ LORD BESWICKMy Lords, naturally we have been in close touch with the Chief Minister, but the responsibility for the suggestion was that of Her Majesty's Government.