HC Deb 17 December 2002 vol 396 cc761-2W
Mr. Andrew Turner

To ask the Secretary of State for Foreign and Commonwealth Affairs what powers the Gibraltar Government has to(a) regulate financial services, with specific reference to pensions and (b) initiate referenda. [86850]

Mr. MacShane

In relation to financial services, the Gibraltar Financial Services Commission, established by the Financial Services Commission Ordinance of 1989, is charged with the responsibility of supervising institutions carrying out financial business in or from within Gibraltar. The Commission is appointed by the Governor with the approval of my right hon. Friend the Foreign Secretary.

Providing the Government of Gibraltar is acting consistent with the Gibraltar Constitution, they are able to initiate local referenda if they so choose. We have made clear that Her Majesty's Government would, in consultation with the Government of Gibraltar, expect to oversee any referendum on a change in sovereignty, since any such change could trigger primary legislation in the UK.

Mr. Andrew Turner

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list those responsibilities of HM Government and the Crown to Gibraltar which are not devolved to the Gibraltar Government. [86852]

Mr. MacShane

The Despatch to the Gibraltar Constitution Order of May 1969, a copy of which is in the Library of the House, sets out responsibilities which are devolved to the Government of Gibraltar.

Mr. Andrew Turner

To ask the Secretary of State for Foreign and Commonwealth Affairs which EC laws and regulations, other than those excluded by the 1972 Act of Accession, do not apply to Gibraltar. [87038]

Mr. MacShane

Other than those areas of Community policy from which Gibraltar is excluded by virtue of the UK's Act of Accession, EMU does not apply, since the UK is not a member. Gibraltar airport is suspended from the scope of the following measures:

  • Regulation 87/602: 1st Package—Market Access;
  • Directive 89/463: Scheduled Inter-Regional Air Services;
  • Regulation 2343/90: 2nd Package—Market Access;
  • Regulation 294/91: Operation of Air Cargo Services between Member States;
  • Regulation 2408/92: 3rd Package—Market Access;
  • Regulation 95/93: Slots;
  • Directive 96/67: Access to Ground Handling Market;
  • Regulation 925/99: Hushkits; and
  • Protocol of accession of the European Community to the European Organisation for the Safety of Air Navigation (EUROCONTROL).

Mr. Andrew Turner

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on pension regulation in Gibraltar. [86851]

Mr. MacShane

The Gibraltar Commissioner for Income Tax is responsible for the regulation of pension schemes. The Financial Services Commission supervises businesses carrying out investment and asset management and administration.

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