§ 3.7 p.m.
§ Lord Merrivale asked Her Majesty's Government:
§ Bearing in mind the effect of the non-application of the provisions of Council Regulation (EEC) No. 2343/90 on Gibraltar and thus on the economies of air carriers, whether the action brought by the Government of Gibraltar against the EC Council on 28th September 1989 has been declared admissible by the European Court of Justice.
The Earl of CaithnessMy Lords, the action taken by Gibraltar on 28th September 1989 was against Council Regulation No. 87/602/EEC not No. 2343/90. The European Court of Justice has not yet reached any decision on this case.
§ Lord MerrivaleMy Lords, I thank the Minister for that Answer. In view of the discrimination against Gibraltar under Article 2.(2) of the Directive 89/463 and Article 1.(3) of Regulation No. 2343/90, will the Minister bear in mind, too, the recent demise of Air Europe and the feelings of the people of Gibraltar on the issue? Will the Government take a more responsive attitude—I say this from the heart—towards Gibraltar when a matter concerns Gibraltar's rightful aspirations and actions?
The Earl of CaithnessMy Lords, we take account of what Gibraltarians have said to us on many occasions. We also take into account what has been agreed within Europe. We very much hope that Gibraltar will be able to agree to the Anglo Spanish agreement on the airport.
§ Lord Cledwyn of PenrhosMy Lords, can the noble Earl tell the House why the Spanish Government are resisting the implementation of this agreement? Is it for economic reasons? Is the noble Earl able to say that there is validity in those reasons?
The Earl of CaithnessMy Lords, the Spanish Government are not resisting this agreement on the airport. They are resisting the agreement on the ferry, 954 which was the subject of the previous Question. It is the Gibraltar Government who are not agreeing to the 1987 airport agreement.
Lord Bruce of DoningtonMy Lords, before the Council of Ministers arrived at the agreement to which the noble Lord, Lord Merrivale, referred, did the Government consult with the government and people of Gibraltar before they arrived at their decision?
The Earl of CaithnessMy Lords. I do not know the definitive answer to that question; but I should be very surprised if we did not have consultations.
§ Lord Boyd-CarpenterMy Lords, is my noble friend aware that a great deal of the grievance felt by the Government of Gibraltar was caused because they were not involved in the negotiations between this country and Spain, which ultimately led to the airport agreement?
The Earl of CaithnessMy Lords, I was not aware of that fact. However, I shall certainly look into the matter.
§ Lord MerrivaleMy Lords, as it is now 18 months since this action was brought before the European Court of Justice, are there any steps which Her Majesty's Government can take to facilitate an early decision on the matter?
The Earl of CaithnessMy Lords, we should like to see this matter resolved as indeed we should like to see the issue on the ferry resolved. However, my noble friend is doubtless aware that further action has been taken under agreement No. 2343/90 by the Gibraltar Development Corporation.