APPENDIX 3
Memorandum submitted by Foreign and Commonwealth
Office
GIBRALTAR
1. By letter dated 1 March 2000, the Clerk of
the Foreign Affairs Committee sought a memorandum on developments
in Gibraltar before the debate in Westminster Hall on the Committee's
report on Gibraltar (Foreign Affairs Committee, Fourth Report;
Session 1998-99; HC 366). This memorandum updates the Committee
on certain questions covered in the Government's response (Cm
4470) and other significant developments in Gibraltar.
APPOINTMENT OF
NEW GOVERNOR
2. The previous Governor of Gibraltar, the
Rt Hon Sir Richard Luce DL, left Gibraltar on 20 March. His successor,
David Durie CMG, took up office on 5 April.
ELECTIONS IN
GIBRALTAR
3. Elections were held in Gibraltar on 10
February. The Gibraltar Social Democrats, under the leadership
of The Hon Peter Caruana QC, were returned to office with 8 seats
in the House of Assembly. The opposition alliance of the Gibraltar
Socialist Labour Party and the Gibraltar Liberal Party took 7
seats. Peter Caruana was duly re-appointed as Chief Minister.
The Hon Joe Bossano remains Leader of the Opposition.
Keith Vaz, Minister for Europe, visited Gibraltar on 18/19 May.
ELECTIONS IN
SPAIN
4. Elections have also been held in Spain.
In March, Jose Maria Aznar and his "Partido Popular"
were returned to power with an overall majority. Sr Aznar has
appointed Sr Josep Pique, previously the Industry Minister and
Government spokesman, as successor to Sr Abel Matutes as Foreign
Minister. The Foreign Secretary has invited Sr Pique to visit
London. Keith Vaz will visit Madrid on 24/25 May.
EU/GIBRALTAR
5. The Government have continued to advance
Gibraltar's interests within the European Union. The Foreign Secretary
announced on 19 April (Hansard Column 499W-500W) that, following
extensive consultation with the Government of Gibraltar and with
their support, and with the encouragement of the Government's
European partners, the United Kingdom had successfully concluded
discussions with Spain to overcome difficulties which had arisen
on a number of issues within the European Union concerning Gibraltar.
The text of the Foreign Secretary's announcement is attached to
the memorandum.[1]
6. As a result:
— Arrangements have been established
whereby formal communications and notification of decisions between
Gibraltar authorities and their counterparts in other Member States
under EU legislation will be conveyed through a Unit established
in the Foreign & Commonwealth Office (known as "postboxing").
These arrangements mean that important measures for the development
of the single market and in the Justice and Home Affairs field
will be unblocked, and similar blockages over the competent authority
issue prevented in future. Introduction of these arrangements
will enable Gibraltar to derive immediate benefits in the development
of its financial services sector.
— The outstanding issues relating to
the participation of Gibraltar in the Schengen system have now
been resolved. The Council Decision approving the United Kingdom's
application to participate in some of the provisions of the Schengen
acquis (now incorporated in the EU Treaties) is expected to be
adopted at the Justice and Home Affairs Council on 29-30 May.
Gibraltar will participate in all the provisions in which the
UK participates (except the Schengen Information System and the
provisions on cross-border surveillance). The Home Secretary aims
to sign the police co-operation arrangements with his Spanish
counterpart in the margins of the same Council.
— Reformatted Gibraltar-issued identity
cards, associating the card with the UK as the Member State responsible
for Gibraltar, will be recognised as valid travel documents throughout
the EU.
7. The Governments welcome the outcome of
these discussions which represents a good result for the United
Kingdom, Gibraltar and all EU partners. The outcome has also been
welcomed by the Government of Gibraltar. The Government will work
hard to ensure that the arrangements are implemented smoothly
by all sides.
GIBRALTAR'S
PARTICIPATION IN
JUSTICE AND
HOME AFFAIRS
Proposals under Title IV TEC
8. Since the previous update (FCO/FAC/004-00)
to the Committee, there have been a number of proposals under
Title IV TEC. The UK has opted in to the following:
— Proposal for a Council Decision creating
a European Refugee Fund.
9. The Scrutiny Committees have been notified
of other proposals for measures under Title IV. The Government
is currently considering whether to exercise its opt in to these
proposals. Under Article 299(4) TEC measures under Title IV apply
to Gibraltar.
Proposals under Title VI TEU
10. Since the previous update (FCO/FAC/004-00)
the Government have submitted three proposals for measures under
Title VI TEU for parliamentary scrutiny. Unlike first pillar measures,
the territorial scope of measures under Title VI TEU is not governed
by Article 299(4) TEC. In the absence of a territorial application
clause, the territorial scope of Title VI measures must be determined
on a case by case basis. The Government of Gibraltar are therefore
consulted on the application to Gibraltar of any Title VI proposal.
It has been agreed that the Mutual Legal Assistance Convention,
the Framework Decision on Increasing Protection by Penal Sanctions
against Counterfeiting in connection with the introduction of
the Euro, the Framework Decision on Combating Fraud and Counterfeiting
of Non Cash Means of Payment, and the Council Decision on combating
Child Pornography on the Internet should extend to Gibraltar and
provisions have been included in the draft texts to that effect.
11. The following paragraphs cover other
issues in which the Committee have expressed interest, and other
significant developments.
Border delays
12. Unwarranted delays at the border between
Gibraltar and Spain continue, though waiting times for cars have
fallen slightly since the Government's last report to the Committee
(Cm4470). The Government remain in close touch with the Commission
on the issue, and continue to press their concerns on Spain. Commissioner
Vitorino has assured Mr Vaz that the issue is under active consideration
by the Commission.
Spanish allegations of wrong-doing
13. There has been little specific criticism
of Gibraltar, or allegations of wrong-doing, by the Spanish Government
since the Government's last report (Cm4470), although general
and unsubstantiated comments occur from time to time.
Driving Licences and passports
14. There has been no systematic refusal
by Spain to recognise Gibraltar driving licences since the Government's
last report (FCO/FAC/004-00). Following an incident on 4 April
2000, when a Gibraltar resident was stopped and fined by the Spanish
police, apparently for using a Gibraltar-issued driving licence,
we reiterated to the Spanish authorities our view, confirmed to
us by the European Commission, that Spain cannot refuse to recognise
valid Gibraltar-issued driving licences.
15. As stated in the Government's response
to the Committee's report, our position remains that Gibraltar-issued
passports conform with the relevant EU provisions. The Government
are not aware of any recent incidents involving Gibraltar-issued
passports.
Telephone operations
16. The Government maintain a close interest
in the Gibraltar telephone operations case which is currently
before the Commission. We have impressed on the Commission the
need to resolve the issue as quickly as possible, given the acute
shortage of telephone numbers in Gibraltar. We are also in close
contact with the Government of Gibraltar.
European Parliamentary vote
17. The Government are determined to secure
the enfranchisement of Gibraltar in European Parliamentary elections
and continue to spare no effort, in Brussels and in the Council
of Europe in Strasbourg, to secure the necessary consensus among
our EU Partners.
NATO Restrictions
18. Progress on the restrictions applying
to Gibraltar in the NATO context was achieved recently when, for
the first time, Spanish and Gibraltar-based military units actively
cooperated during a major NATO exercise. We shall continue to
work towards the lifting of all remaining restrictions and the
development of a relationship more appropriate as between two
NATO allies.
Constitutional reform
19. A Select Committee of the Gibraltar
House of Assembly has been set up to consider issues related to
possible reform of the constitution. The Government remain willing
to listen to any ideas which are realistic and compatible with
international obligations, which include the Treaty of Utrecht.
Gibraltar Airport
20. We continue to see potential benefit
to the people of Gibraltar and the neighbouring regions of Spain
in agreement on arrangements for the development of Gibraltar
airport, and will persist in trying to achieve such agreement.
Financial Services
21. The Government continue to support Gibraltar's
efforts to build up a successful and well regulated financial
services sector. The arrangements recently established in respect
of Gibraltar's competent authorities will enable Gibraltar-based
banking and insurance institutions to provide services throughout
the EU.
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