HC Deb 26 October 1998 vol 318 cc85-8W
Mr. Mackinlay

To ask the Secretary of State for Foreign and Commonwealth Affairs if it is Her Majesty's Government policy that there shall be no alteration to the constitutional status of Gibraltar without the consent of the people of Gibraltar. [55985]

Ms Quin

As set out in the Preamble to the 1969 Gibraltar Constitution Order, it is Her Majesty's Government's policy that there can be no alteration in Gibraltar's status as a United Kingdom's Overseas Territory without the consent of the people of Gibraltar.

Mr. Mackinlay

To ask the Secretary of State for Foreign and Commonwealth Affairs on which occasions this year the Royal Gibraltar Police have intervened with(a) Spanish fishermen and (b) Spanish armed forces or law enforcement agencies in relation to infringement of Gibraltarian waters. [55979]

Ms Quin

There has been an increase in incursions into British waters around Gibraltar by Spanish fishermen since the beginning of this year. The Royal Gibraltar police has routinely requested vessels fishing illegally in British waters around Gibraltar, both Spanish and other, to refrain from doing so. In extreme cases, offenders have been arrested. Spanish military or law enforcement vessels entering British waters, unless exercising a right of innocent passage or co-operating with the Gibraltar authorities, are routinely asked to leave.

Mr. Mackinlay

To ask the Secretary of State for Foreign and Commonwealth Affairs what resources have been requested by(a) the Governor and (b) the Government of Gibraltar in order to defend its territorial waters. [55980]

Ms Quin

Under the 1969 Constitution, responsibility for defence issues rests with the Governor, rather than the Government, of Gibraltar. It would not be appropriate to comment on discussions of operational defence and policing matters. The Governor has been assured that the Royal Gibraltar Police will be able to rely on whatever support is necessary to enable them to do their job effectively and safely.

Mr. Mackinlay

To ask the Secretary of State for Foreign and Commonwealth Affairs what initiatives were rejected during the United Kingdom presidency of the EU by Spain consequent to the dispute over the status of Gibraltar. [55981]

Ms Quin

Before the start of the UK Presidency, Spain objected to various draft instruments in the Justice and Home Affairs field because of the terms relating to the inclusion of Gibraltar. We fully consulted the Government of Gibraltar during the ensuing negotiations during our Presidency. The Government of Gibraltar reluctantly decided that Gibraltar should be excluded from these instruments rather than participate as part of the UK legal jurisdiction, three instruments were adopted at the Justice and Home Affairs Council on 28–29 May on this basis (ie with Gibraltar excluded): Eurodac Convention, Driving Disqualifications Convention and European Judicial Network Joint Action.

Mr. Mackinlay

To ask the Secretary of State for Foreign and Commonwealth Affairs when he rejected the Matutes proposals on Gibraltar; and if he will make a statement. [55982]

Ms Quin

We have said that we are studying the Matutes proposals and will reply in due course. That remains the position. We have also reaffirmed that we stand firmly by the commitment in the 1969 Constitution that there can be no change in Gibraltar's status without the consent of the people of Gibraltar.

Mr. Mackinlay

To ask the Secretary of State for Foreign and Commonwealth Affairs when he will reply to the representation of the Gibraltar Government, submitted earlier this year in response to the Matutes proposals. [55983]

Ms Quin

There is frequent dialogue between HMG and the Government of Gibraltar. I last met with the Chief Minister of Gibraltar on 29 September. We have told the Government of Gibraltar that we are studying the Matutes proposals and will reply in due course. We have also repeatedly made it clear that there can be no change in Gibraltar's status without the consent of the people of Gibraltar.

Mr. Mackinlay

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the infringement of Gibraltarian waters by Spanish fishermen. [55984]

Ms Quin

Since the beginning of this year, there has been an increase in incursions into British waters around Gibraltar by Spanish fishermen. We have reached an understanding with the Spanish authorities of the situation that had prevailed between 1991 (when the Gibraltar Nature Protection Ordinance was introduced) and 1997 during which Spanish fishermen respected the authority of the Police, and have been seeking to return to that situation.

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