HL Deb 04 November 1992 vol 539 cc1430-1

3.20 p.m.

Lord Merrivale asked Her Majesty's Government:

Whether the European Court of Justice has decided upon the admissibility of the action taken by the Gibraltar Government against Council Regulation No.87/602/EEC and the further action taken under Regulation (EEC) No.2343/90 by the Gibraltar Development Corporation in so far as these regulations affect access by air to Gibraltar airport.

Baroness Trumpington

My Lords, no. The European Court of Justice has yet to reach a decision on the matter.

Lord Merrivale

My Lords, I thank my noble friend for that Answer. However, does she recall that in a Written Answer in Hansard of 22nd October 1991 (Col. WA.129), her noble friend Lord Caithness said: This case is still under preliminary consideration by the European Court of Justice. We would expect a decision on the admissibility of the case in the next 12 months"? Further, does my noble friend agree that it is somewhat unjust that the application of the provisions of the regulations to Gibraltar airport should be suspended, thus excluding it from the air transport liberalisation measures of the European Community, as the Gibraltar Government were not involved during the three-year period of negotiations culminating in the joint declaration of December 2nd 1987 on the expanded use of the airport?

Baroness Trumpington

My Lords, I must tell my noble friend Lord Merrivale that the ball is in Gibraltar's court. Gibraltar has only to implement the airport agreement to lift suspension. Gibraltar's inclusion in EC aviation liberalisation regulations is not possible until it implements the airport agreement.

Lord Cledwyn of Penrhos

My Lords, can the noble Baroness tell the House whether Her Majesty's Government support the case which the Gibraltar Government have made to the European Court of Justice?

Baroness Trumpington

No, my Lords.

Lord Merrivale

My Lords, does my noble friend agree that the airport agreement cannot come into force without the concurrence of the Gibraltar House of Assembly, that its members represent the people and that her noble friend Lady Chalker said in October 1988 that, we will not attempt to impose it on the people of Gibraltar". —[Official Report, Commons, 19/10/88; col.966.] Will Her Majesty's Government do everything in their power to expedite the course of justice?

Baroness Trumpington

My Lords, with regard to the court of justice, there is not much we can do to hurry it up. We believe that it is in Gibraltar's interest to accept the airport agreement. They have only to do so and their suspension from the air liberalisation measures will be lifted. Gibraltar's concerns about concessions on sovereignty are unfounded: the airport would remain under British control, through close UK-Spanish consultation and co-ordination which is obviously needed.

Lord Bruce of Donington

My Lords, can the Minister tell the House the date upon which the most recent consultations took place between Her Majesty's Government and the Government of Gibraltar?

Baroness Trumpington

My Lords, I can tell the noble Lord—no, hold it! The answer is no.

Lord Bruce of Donington

My Lords, I am not sure that the Minister understood my question. I asked her for the date upon which the last and most recent consultation by Her Majesty's Government and the Government of Gibraltar took place. The answer cannot be "yes" or "no". Will the noble Baroness just give the date?

Baroness Trumpington

My Lords, the answer was, no, I cannot give the date. However, I can tell the noble Lord, Lord Bruce of Donington, that the Gibraltar Government were fully consulted over the airport agreement. The then Chief Minister, Hassan, was present during the negotiations and at its signing; but I am sorry I do not know the last consultation date.