HL Deb 19 April 1990 vol 518 cc104-6

3.11 p.m.

Lord Merrivale asked Her Majesty's Government: What action the European Commission has taken following the Government's request that infraction proceedings be commenced under the treaty in relation to the Algeciras to Gibraltar ferry service, given the regulation establishing freedom to provide maritime transport services.

Lord Reay

My Lords, we await an answer from the European Commission to our request.

Lord Merrivale

My Lords, I thank my noble friend the Minister for that reply. Can he say whether the Commission has invited Spain to submit observations as regards the breach of the treaty in the form of a mise en demeure letter under Article 169?

Lord Reay

My Lords, I am afraid that until the Commission has replied to our letter I am unable to say what action has been taken. We have asked the Commission when we can expect a reply to our letter and we hope to receive one shortly.

Lord Boyd-Carpenter

My Lords, can my noble friend say what explanation of this unfriendly proceeding has been furnished to Her Majesty's Government by the Spanish Government?

Lord Reay

My Lords, as I understand it the situation is that we should like to see both agreements implemented. We shall do our best to try to achieve that if we possibly can.

Lord Cledwyn of Penrhos

My Lords, is it not the Spanish Government who have breached the treaty? Can the Minister say whether the Spanish Government have given any defence or sent any representations to the Commission? Further, can the Minister say what is the attitude of the Chief Minister of Gibraltar, Mr. Bassano, on the matter?

Lord Reay

My Lords, in reply to the second question of the noble Lord the Leader of the Opposition, it is my understanding that the Gibraltar Government do not wish to implement the airport agreement. As regards the first question, I do not think that I can say any more than that we await a reply to our letter from the Commission. At the moment, we must leave it at that.

Lord Cledwyn of Penrhos

My Lords, is the Minister saying that the Spanish Government have made no response of any kind?

Lord Reay

My Lords, I am not in a position to say anything regarding communications which may have taken place between the Commission and the Spanish Government.

Lord Boyd-Carpenter

My Lords, can my noble friend now answer the question to which, with respect, he did not reply? It concerned what explanation the Spanish Government have given of their conduct to Her Majesty's Government.

Lord Reay

My Lords, I cannot add to what I have said. We have approached the Commission with a request that infraction proceedings be commenced under the treaty. The ball is now in the Commission's court and we await a reply.

Lord Merrivale

My Lords, will the Minister take it from me that when I saw the Chief Minister in Gibraltar on 20th March he was extremely keen that the ferry service should start again as soon as possible? Furthermore, can the Minister inform the House on what date the Commission received the formal complaint from Her Majesty's Government? Taking the matter a little further, would Her Majesty's Government be prepared to consider approaching the European Court of Justice if no reasoned opinion is given by the Commission within three months of its receiving the formal complaint?

Lord Reay

My Lords, I can inform my noble friend that our letter to the Commission was dated 9th February. We shall consider whether to bring a case before the European Court of Justice and whether to try to enlist the support of any other member states at the appropriate time. We should not exclude the possibility of doing so if such action were likely to be helpful.

Lord Cledwyn of Penrhos

My Lords, I regret rising again but it is difficult for the House to make a judgment in view of the paucity of information that the noble Lord is able to give. I refer particularly to any Spanish response that may have been made to the action that we have taken in the matter. Is the Minister able to say whether the Commission has received any communication at all from the Spanish Government? It is depressing that a partner within the Community should behave in this way—if it is standing still and doing nothing.

Lord Reay

My Lords, my understanding of the matter is that there are two agreements under the Brussels process. Both date from 1987. One is the agreement on the airport, the other on the ferry service. These are not formally linked to each other. However, the Gibraltar Government will not implement the airport agreement and therefore Spain will not implement the ferry agreement. Not implementing the ferry agreement falls foul, in our view, of the European Community regulations; hence our approach to the Commission.