§ LORD MERRIVALEasked Her Majesty's Government:
Whether, since the Crown of Great Britain, under the Treaty of Utrecht is unable to "grant, sell or by any means to alienate there from the propriety of the said town of Gibraltar", Her Majesty the Queen is not Head of the State of Gibraltar in right of the United Kingdom, and whether consequently a passport issued by the Governor, in the exercise of the Royal Prerogative, is not in effect a United Kingdom passport.
§ THE MINISTER OF STATE FOR COMMONWEALTH AFFAIRS (LORD SHEPHERD)Her Majesty has sovereignty over Gibraltar in right of Her Government of the United Kingdom, but it does not follow from this or from anything in Article X of the Treaty of Utrecht that a passport issued by the Governor in exercise of the royal prerogative is a passport issued by the Government of the United Kingdom and therefore a "United Kingdom passport" for the purposes of Section 1 of the Commonwealth Immigrants Act 1962.