Gibraltar (Hansard, 10 December 2001)

§ Mr. Brady
To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has for Gibraltar to be(a) a constituency and (b) integrated into UK constituencies for the purposes of voting in the 2004 European parliamentary elections. [21763]

§ Peter Hain
We are committed to extending the European parliamentary franchise to Gibraltar in time for the 2004 European Parliament elections and we are seeking legislative time in order to introduce domestic legislation for this purpose. We have taken no decisions on the modalities.

§ Mr. Crausby
To ask the Secretary of State for Foreign and Commonwealth Affairs what joint statements with the Spanish Government were made regarding the sovereignty of Gibraltar during the talks in Barcelona on 20 November. [R] [21547]

§ Syd Rapson
To ask the Secretary of State for Foreign and Commonwealth Affairs what criteria he will use to assess success in talks with Spain over the future status of Gibraltar. [21663]

§ John Robertson
To ask the Secretary of State for Foreign and Commonwealth Affairs what further aspects of self-Government for Gibraltar have been discussed during talks with(a) Spain and (b) the Government of Gibraltar since the start of the Brussels Process. [21544]

§ Peter Hain
I refer my hon. Friends to the answer I gave to my hon. Friend the Member for Knowsley, South (Mr. O'Hara) on 20 November 2001,Official Report, column 187W. A copy of the joint press communiquée issued by my right hon. Friend the Secretary of State and the Spanish Minister of Foreign Affairs when they met under the Brussels Process in Barcelona on 20 November has been placed in the Libraries of the House.

§ Mr. Crausby
To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the action he has taken in respect of the resolution on Gibraltar passed at the European Council in Gothenburg. [R] [21423]

§ Peter Hain
The Gothenburg European Council conclusions state thatThe European Council recalled the importance of the Single Sky initiative and noted that contacts are under way between the relevant member states on the question of its territorial application. It hopes that these contacts will produce early agreement".
The UK Government came to such an agreement with Spain enabling the Commission to bring forward its proposals on 12 October.
I refer my hon. Friend to the answer given to the hon. Member for Cheltenham (Mr. Jones) on 1 November 2001, Official Report, column 811W.

§ Mr. Crausby
To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions were held with the Government of Gibraltar about the future status of Gibraltar before the date for the talks under the Brussels process was agreed. [R] [21424]

§ Peter Hain
My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs and I discussed the resumption of talks under the Brussels Process and 631W issues concerning the future of Gibraltar with the Chief Minister of Gibraltar before the date for talks under the Brussels Process was agreed. In addition normal official contacts continued throughout this period.

§ Mr. Fabian Hamilton
To ask the Secretary of State for Foreign and Commonwealth Affairs whether the laws by which Gibraltar is a member of the European Union allow for its inhabitants to have access to health and education services in other European Union countries. [R] [21418]

§ Peter Hain
Yes.

§ Mr. Fabian Hamilton
To ask the Secretary of State for Foreign and Commonwealth Affairs what conditions Spain is attaching to removing Gibraltar's suspension from the EU(a) Single Sky Agreement and (b) Regulation on Aviation Security. [R] [21420]

§ Peter Hain
The terms of the clause which the Government have agreed with Spain should be inserted in the Single Sky and Aviation Security Regulations provided that the application of the measures to Gibraltar Airport will be suspended until the arrangements in the joint declaration made by the Foreign Ministers of Spain and the United Kingdom on 2 December 1987 have come into operation. Neither measure has yet been adopted by the Council and the European Parliament.

§ Mr. Fabian Hamilton
To ask the Secretary of State for Foreign and Commonwealth Affairs (1) whether the laws by which Gibraltar is a member of the European Union allow for the free movement of(a) goods and services and (b) people between Gibraltar and the rest of the European Union; [R] [21419]
(2) what changes will be required in the laws of Gibraltar for it to achieve full rights of membership of the European Union. [R] [21421]

§ Peter Hain
The EC Treaty applies to Gibraltar by virtue of Article 299(4) TEC. But certain provisions of the Treaty do not apply by virtue of the UK's Act of Accession.
Article 28 of the Act of Accession excludes Gibraltar from the Common Agriculture and Fisheries policies and provisions on VAT. Gibraltar is also excluded from the Common Commercial policy and the Community Customs Territory and, in consequence, Community rules on customs and free movement of goods do not apply to Gibraltar.
The Treaty would have to be amended in order to revoke the derogations specified above and apply the EU Treaties fully to Gibraltar. Legislative changes would also be needed to give effect to any new Treaty provisions in Gibraltar.

§ Mr. Hoyle
To ask the Secretary of State for Foreign and Commonwealth Affairs when he expects Spain to allow direct flights to Gibraltar from airports outside the UK to overfly its airspace. [R] [21545]

§ Peter Hain
We are not aware of any Spanish policy to refuse to allow civilian aircraft flying to Gibraltar from airports outside the UK to overfly Spanish airspace. As was made clear in the memorandum submitted to the Foreign Affairs Committee on 30 March 1999, in response to the Committee's Fourth Report, under Article 1 of the 1944 International Air Services Transit Agreement to which both Spain and the UK are party,632W aircraft of other contracting parties performing scheduled air services are granted the privilege of overflight. A right of overflight is accorded to aircraft performing nonscheduled (charter) services under Article 5 of the 1944 convention on International Civil Aviation to which both Spain and the UK are also party.

§ Simon Hughes
To ask the Secretary of State for Foreign and Commonwealth Affairs whether legislation giving the people of Gibraltar the right to vote in the 2004 European parliamentary elections will require the(a) unanimous approval and (b) approval of the other member states of the European Union. [21530]

§ Syd Rapson
To ask the Secretary of State for Foreign and Commonwealth Affairs if European legislation will be required to ensure that the people of Gibraltar have the right to vote in the 2004 European elections in addition to domestic legislation. [21662]

§ Peter Hain
We are committed to extending the EP franchise to Gibraltar in time for the 2004 European Parliament elections. The Government have now decided to seek legislative time in order to introduce domestic legislation for this purpose. The content of this legislation is a matter for the UK alone: it does not require the approval of other member states. There will be no additional EU legislation. Consultations are already underway between the Government and the Government of Gibraltar on the practical arrangements.

§ Simon Hughes
To ask the Secretary of State for Foreign and Commonwealth Affairs when consultations will begin with the Government of Gibraltar to ensure that the people of Gibraltar have the right to vote in the 2004 European parliamentary elections. [21531]

§ Peter Hain
We have been in contact with the Government of Gibraltar and are seeking an early meeting to establish exactly what will be required, in terms of legislative and practical arrangements, to ensure that the European Parliamentary franchise is extended to Gibraltar in time for the 2004 elections.

§ Mr. Stephen O'Brien
To ask the Secretary of State for Foreign and Commonwealth Affairs what jurisdiction the International Court of Justice has over the status of Gibraltar. [21747]

§ Peter Hain
Any dispute between the United Kingdom and Spain with regard to the status of Gibraltar can only be referred to the International Court of Justice with the agreement of both sides. Spain does not accept the compulsory jurisdiction of the International Court of Justice with regard to Gibraltar.

§ Bob Russell
To ask the Secretary of State for Foreign and Commonwealth Affairs if he will seek to amend the Brussels Process to allow the Government of Gibraltar a veto over changes in the status of Gibraltar. [21706]

§ Peter Hain
I refer the hon. Member to my statement in Westminster Hall on 7 November 2001,Official Report, columns 88–92WH. The Government will stand by the constitutional commitment to Gibraltar set out in the preamble to the Order in Council that established the 1969 Constitution. My right hon. Friend the Secretary of State reiterated this in response to a question from the hon. Member for South Staffordshire (Sir P. Cormack) on 27 November 2001, Official Report, columns 822–23.
633W

§ Bob Russell
To ask the Secretary of State for Foreign and Commonwealth Affairs if a date for further talks with Spain under the Brussels Process has been arranged; and if he will make a statement. [21707]

§ Peter Hain
I refer the hon. Member to the answer I gave to the hon. Member for West Suffolk (Mr. Spring) on 5 December 2001,Official Report, column 312W.

§ Mr. David Stewart
To ask the Secretary of State for Foreign and Commonwealth Affairs when he last requested the Spanish Government to produce evidence of smuggling between Gibraltar and Spain; and what was the outcome of that request. [21434]

§ Peter Hain
We have repeatedly asked the Spanish Government to make available to us any current evidence that they have of cross-border smuggling. HMG with the Government of Gibraltar will investigate any such evidence.

§ Mr. David Stewart
To ask the Secretary of State for Foreign and Commonwealth Affairs what changes in the status of Gibraltar within the European Union are being considered [21435]

§ Peter Hain
Our objective is to build a secure, stable and prosperous future for Gibraltar, with greater self-government for the territory and better relations with Spain. If change in the status of Gibraltar within the EU could help advance these objectives, we are prepared to consider this.