Gibraltar: European Parliament Elections (Hansard, 20 June 1994)

§ Baroness Chalker of Wallasey
My Lords, this is a subject on which we maintain a regular dialogue with the Government of Gibraltar. We have, in addition, been lobbied by a number of political parties and organisations in Gibraltar. We have explained that Annex II of the 1976 EC Act on Direct Elections limits the franchise in European parliamentary elections to the United Kingdom.

§ Lord Merrivale
My Lords, I thank my noble friend the Minister for that Answer, which was not unexpected. However, as uniform procedure is not yet in place, would it not be an appropriate time now for the Government to pave the way for the amendment of Annex II of the 1976 EC Act on Direct Elections to which she referred? Further, is it not a fact that the European Parliamentary Elections Act 1978 and the 1986 regulations are amended by the 1994 regulations regarding changes to the franchise and qualification of representatives? Therefore, could not the matter be considered a little more favourably?

§ Baroness Chalker of Wallasey
My Lords, I understand my noble friend's concern in the matter. The situation is complicated because, although Article 8b(2) of the Maastricht Treaty establishes the right for European Union citizens resident in another member state to vote and stand for election in the European Parliament, it does so under the same conditions as apply to nationals of the host member state. In this case, that way of resolving the matter has no practical application for Gibraltar because it does not confer a franchise; it simply refers to national treatment. The basis for Gibraltar's exclusion is Annex II of the 1976 EC Act on Direct Elections.
It is important to remember that Gibraltar's position in the European Union is unique. It has an opt-out from the CAP; it is excluded from the free movement of goods regulations; and it makes no contributions to Community resources. Yet we have managed to negotiate for the Gibraltarians Objective II structural funds to assist them. We cannot give a vote to Gibraltar when no other territory which does not vote in a member state's national elections can vote in European elections. Therefore, I do not hold out the hope that my noble friend wishes I could.

§ Lord Molloy
My Lords, bearing in mind the remarkable and massive loyalty that Gibraltar has shown to this country both in peace and wartime—and those of us who know Gibraltar very well understand that the Gibraltarians acknowledge themselves as being part of this island—would the Minister be prepared to continue her endeavours, in which I am sure that the whole House would wish her success, so that Gibraltarians will know that the loyalty which they have always shown to this nation will be reciprocated in any assistance to help them join the European Parliament? If we are successful in that endeavour, we shall have another certain, good ally.

§ Baroness Chalker of Wallasey
My Lords, it is extremely difficult to know how one could deal with the matter. Gibraltar's total population is less then one-tenth of the size of the average European constituency in this country and significantly smaller than the average European constituency, even in Luxembourg. I do not believe that Gibraltar can be attached to a UK-European constituency. We are bound by Annex II of the 1976 Act. Therefore, I cannot see a way of giving the franchise to Gibraltarians when no other country has a place in the European elections when it does not in the national elections. I do not believe that the noble Lord was making that suggestion.

§ Lord Merrivale
My Lords, as Gibraltar is part of the European Community by virtue of Article 227(4) of the 1957 Treaty of Rome, surely nationals of member states should be allowed to vote there in European elections, as six member states already allow their nationals to vote even if living outside the Community.

§ Baroness Chalker of Wallasey
My Lords, I think that there is some confusion about this matter and I shall write out in great detail to my noble friend the full details and copy that to other noble Lords who are interested. The important thing is that where there have been Gibraltarian concerns, both my noble friend Lord Bethell and the Member of the European Parliament, Alf Lomas, have taken up the Gibraltarian concerns in the European Parliament, so they have not gone by default. But I can see no way in which Annex II of the 1976 EC Act can be changed.