HL Deb 21 May 1990 vol 519 cc591-3

2.45 p.m.

Lord Merrivale asked Her Majesty's Government:

What is the present position in relation to the Algeciras to Gibraltar ferry service following their letter of 9th February to the European Commission requesting that infraction proceedings be commenced against Spain.

The Minister of State, Foreign and Commonwealth office (Lord Brabazon of Tara)

My Lords, as my noble friend Lord Reay told the House on 19th April, we await an answer to our request from the European Commission. We have asked the Commission when we can expect a reply to our letter and we hope to receive one shortly.

Lord Merrivale

My Lords, I thank the Minister for his reply. I have two supplementary questions.

Have the Government reminded the Commission of its obligations under Article 155 of the treaty which states: In order to ensure the proper functioning and development of the common market, the Commission shall ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied"? Secondly, as the three-month administrative stage is over, are the Government prepared to start the judicial stage and bring the matter before the European Court of Justice?

Lord Brabazon of Tara

My Lords, we have pressed the Commission for a reply on this matter on numerous occasions since we wrote on 9th February. We have not yet received a reply. So far as concerns direct action by the Government before the European Court of Justice, we shall consider action under Article 170 of the Treaty of Rome at the appropriate time. For the moment it is for the Commission to decide whether there is a case against Spain under Article 169.

Lord Cledwyn of Penrhos

My Lords, is it not the case that Her Majesty's Government support the ferry agreement and also the airport agreement and that the Spanish Government at the moment link the one to the other? Can the Minister say whether there is a possibility that Her Majesty's Government will speak to the Gibraltar authorities to see whether there might be any modification in their attitude to the airport agreement which could lead to a settlement?

Lord Brabazon of Tara

My Lords, we have kept in close touch with the Chief Minister in Gibraltar on the ferry agreement. The airport agreement, we believe, is a good deal for Gibraltar and does not comprise any concessions to sovereignty. What we are talking about in the Question is a different route to get to the ferry agreement. We believe that there is no linkage between the ferry agreement and the airport agreement. But the Spaniards, as we are all aware, take the opposite view. That is why we have taken the other route so far as concerns the ferry services, invoking an EC regulation on the freedom to provide maritime transport services between member states.

Lord Cledwyn of Penrhos

My Lords, I fully support the line that the noble Lord takes on behalf of the Government. Can he say whether or not dicussions have been held with Mr. Bossano on the possibility that Gibraltar might change its mind to some extent on the airport agreement?

Lord Brabazon of Tara

My Lords, we have certainly discussed the airport agreement with the Gibraltar authorities, We have made clear in negotiating the agreement with Spain that it was subject to the Gibraltar House of Assembly passing the enabling legislation. Gibraltar has not done so. We have made clear to the Gibraltar Government that the agreement constitutes no concession on sovereignty and have urged them to bring benefit to Gibraltar by implementing it. We cannot force the agreement on Gibraltar.

Lord Merrivale

My Lords, does the Minister agree that there is justification for Gibraltar to bring this matter before the European Court of Justice on grounds, as I understand it, that application of the European Community air transport policy has not benefited Gibraltar while other new air routes have been approved? Does that not constitute discrimination?

Lord Brabazon of Tara

My Lords, the airport agreement is a different matter from the subject of the Question on the Order Paper. If the noble Lord wishes me to go into detail on the airport agreement I think it would be better to wait for a Question to be tabled on that subject.