HL Deb 11 November 1992 vol 540 cc175-6

2.48 p.m.

Lord Boyd-Carpenter asked Her Majesty's Government:

Whether the Spanish Government have now offered any explanation of their ban on the ferry service between Algeciras and Gibraltar.

The Minister of State, Foreign and Commonwealth Office (Baroness Chalker of Wallasey)

My Lords, the Spanish Government drew a link between the Algeciras Ferry Agreement and the Gibraltar Airport Agreement. Until the airport agreement is implemented, they will not allow the ferry service to resume. The British Government are not satisfied with the situation. Therefore, I shall take the opportunity to raise the matter this weekend at my bilateral meeting with the Spanish Government.

Lord Boyd-Carpenter

My Lords, I thank my noble friend for that Answer and wish her all good fortune at the meeting to which she referred. However, is she aware that many of us realise that this petty little bit of hostility on behalf of the Spanish Government is thoroughly bad for relations between the two countries? Surely it is a case that if they have any sense they will drop it.

Baroness Chalker of Wallasey

My Lords, my noble friend Lord Boyd-Carpenter puts it far better than I could; it is a petty matter. I hope to explore what may be done to bring this stupid business to an end.

Lord Cledwyn of Penrhos

My Lords, we wish the noble Baroness well in her efforts to resolve this long-standing dispute. However, can she say whether there is an EC policy on the subject and whether the Transport Commissioner of the EC has taken any initiative in the matter thus far?

Baroness Chalker of Wallasey

My Lords, the law under Article 59 of the Treaty of Rome (the provision of services) provides for a company based in one member state to be allowed to operate in a second member state. One of the problems with the whole affair is that it is a Spanish company that wishes to operate the ferry service and which is seeking to gain permission to do so from the Spanish Government. Therefore, it is not really covered by Article 59. However, as I said, I shall explore the situation and, having done so, we shall return to the Transport Commissioner to see what more can be done.

Lord Bottomley

My Lords, does the Minister agree that, in the long run, it would be in the best interests of Spain to be more generous to Gibraltar?

Baroness Chalker of Wallasey

Yes, my Lords.

Lord Merrivale

My Lords, I understand that HMG wrote to the Transport Commissioner in 1990 expressing dissatisfaction with the interpretation that the Commission was placing on the issue. Can my noble friend say what reply was received from him?

Baroness Chalker of Wallasey

My Lords, the British Government approached the Commission not only in 1990 but also in 1991 when the then Secretary of State for Transport wrote to the EC Transport Commissioner asking him to look into the problem. The Commissioner, Mr. Van Miert, replied that the Spanish action did not break Community law. In fact, that is legally the situation as I explained it when I referred to Article 59. One of the possibilities that I am exploring is whether there is some other way of going about the matter. At present, action before the European Court of Justice is not an option, but it may become one under certain other circumstances.

Lord Boyd-Carpenter

My Lords, although, as my noble friend says, the company that seeks to operate the service is a Spanish one, will she confirm that the operation of the service is of substantial importance to the Gibraltar tourist trade?

Baroness Chalker of Wallasey

My Lords, my noble friend is right, but it is not just in the interests of the Gibraltarians that the ferry service should he resumed. It would also be in the interests of local people in the Algeciras area of Spain. It seems to me to be one of the curious examples where we have to put the Community right.

Lord Harmar-Nicholls

My Lords, is my noble friend aware that this is a good example of the lack of affinity in the European Community? It is a matter which is just outside the legal rules, but an affinity is necessary if the whole idea is to work.

Baroness Chalker of Wallasey

My Lords, my noble friend is right. We need a little pinch of common sense here, and perhaps we will put the matter right.

Lord Merrivale

My Lords, in view of the attitude Spain has taken for a number of years on this issue, have Her Majesty's Government tried to enlist the support of other member states to solve the issue which affects, as the Minister said, various interests?

Baroness Chalker of Wallasey

My Lords, my noble friend makes a valuable suggestion. I shall see whether we can do it all by ourselves. If we cannot, I am quite prepared to ask for assistance.