HL Deb 23 January 1969 vol 298 cc1025-7

3.5 p.m.

LORD MERRIVALE

My Lords, I beg leave to ask the second Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether they recognise Spain's recent decree which extends its territorial waters and which states that waters inside bays that are less than 24 miles across are to be considered internal Spanish waters; and what action they propose to take to ensure, for merchant ships, free and unhindered access to Gibraltar.]

LORD SHEPHERD

My Lords, the full implications of the decree published by the Spanish Government on January 20 are still being studied. It extends from six to twelve miles the zone in which the Spanish authorities exercise fiscal control for customs purposes and for the repression of smuggling. The decree also states, as did a Spanish law of 1967 on fishing limits, that the waters in bays where the opening does not exceed 24 miles at low water will be regarded as internal waters. It is not clear whether the decree is aimed at Gibraltar; and, so far, there has been no case under the decree I have just mentioned of interference with shipping calling at Gibraltar. But there can be no doubt that it cannot affect our existing and undoubted rights in respect of Gibraltar.

LORD MERRIVALE

My Lords, I should like to thank the noble Lord very much for that full reply. May I just ask him three supplementary questions, the first regarding territorial waters? Would the Minister agree that unilateral claims to greater breadth con flict with the universally accepted principle of the freedom of the seas and ought therefore to be rejected? Secondly, regarding the interior or national waters to which the noble Lord referred—and that is the most important part I think of this Question—can Spain uphold this claim to these "interior" waters internationally; and does the noble Lord really think that Spain will not say, regarding the Bay of Algeciras, that on compelling national grounds she must regulate the access of foreign vessels to these waters and Gibraltar?

LORD SHEPHERD

My Lords, on the face of it the enactment of this decree does not seem to be contrary to, International Law, unless, of course, Spain puts some unexpected interpretation upon it. It appears to me that it is within Article 24 of the 1958 Geneva Convention on the Territorial Sea and Contiguous Zone, which allows a State to exercise the control necessary to prevent infringement of its customs, fiscal, immigration and sanitary regulations within the territory or territorial sea. As regards the Algeciras Bay, as the noble Lord will be aware we have stated our view as to which are Gibraltar territorial waters and which are Spanish waters. This is based on the Median line, and to the best of my knowledge this has not been disputed by the Spanish authorities.

VISCOUNT DILHORNE

My Lords, while welcoming the noble Lord's statement that no action by the Spanish Government can prevent lawful access to and from Gibraltar, can the noble Lord say whether the closing of the Bay which is contemplated by the Spaniards is in conformity with the Convention?

LORD SHEPHERD

Certainly not, my Lords. It would not be.

LORD MERRIVALE

My Lords, on this question of interior waters, could I ask the noble Lord whether it is not a fact under International Law that foreign States cannot, as a matter of strict law, demand any rights for their vessels or subjects, although for reasons based on the interests of international commerce and navigation the custom has grown up in modern times that the access of foreign vessels should not be refused except on compelling national grounds? What I am afraid of, my Lords, is that Spain, in view of her attitude in respect of Gibraltar, may feel now that there are compelling national grounds.

LORD SHEPHERD

I think the noble Lord is being slightly alarmist. I pointed out earlier that this decree is very similar to one that the Spanish authorities issued in 1967 and that this has not in any way affected the entry of ships into Algeciras waters. Undoubtedly the access to the port lies within the Gibraltar, British, waters.