§ 3.10 p.m.
§ Lord Boyd-Carpenter asked Her Majesty's Government:
§ Whether the Spanish Government has yet withdrawn its prohibition of the operation of the ferry service between Algeciras and Gibraltar.
§ Lord Brabazon of TaraNo, my Lords. We have repeatedly reminded the Spanish Government that their refusal to allow the ferry service to operate is contrary to European Community law. We have now made a formal complaint to the Commission.
§ Lord Boyd-CarpenterMy Lords, I thank my noble friend for that sensible reply. Have the Spanish Government been good enough to offer any explanation of this action? It is damaging to the tourist trade and involves territory belonging to a fellow member of the EC.
§ Lord Brabazon of TaraMy Lords, I believe that the Spanish Government tried to link this measure with that on the airport agreement, which has not yet come into force either. We do not believe that there is any such link. They are two entirely separate agreements. In any case the agreement has to some extent been overtaken by the EC regulation, which 1465 is a binding instrument of Community law. It establishes the freedom to provide maritime transport services between member states. It is about that that we have complained to the Commission and have requested it to start infraction proceedings.
§ Lord MerrivaleMy Lords, does the Minister agree that the joint declaration in London of 2nd December 1987 noted that companies in Gibraltar and Spain had expressed an interest in resuming the ferry service; suggested that resumption would be to the mutual advantage of the population of Gibraltar and the Campo de Gibraltar; and stated that the service would be resumed as soon as possible?
Are there no diplomatic means that can be taken between the annual meetings of foreign ministers to expedite the resumption of the service? Can my noble friend say whether the resumption of the ferry service between Algeciras and Gibraltar was discussed by Señor Fernandez Ordoñez and Mr. Douglas Hurd, our Foreign Secretary, in Madrid on 26th February of this year?
§ Lord Brabazon of TaraMy Lords, we have repeatedly urged the Spaniards to allow the ferry service between Gibraltar and Algeciras to be resumed in accordance with the declaration to which my noble friend referred. However we have failed in our attempts to persuade them to do that. That is why we have now started a formal complaint with the European Commission.