Select Committee on Foreign Affairs Appendices to the Minutes of Evidence


APPENDIX 7

Memorandum submitted by Joint Foreign Affairs Committee, Gibraltar Socialist Labour Party and Liberal Party

INTRODUCTION

The Gibraltar Socialist Labour Party and the Liberal Party of Gibraltar submitted a detailed Memorandum to the House of Commons Foreign Affairs Committee which was published in the Fourth Report of the Committee on 8 June 1999. Having now read the response to that report by the Foreign and Commonwealth Office, and following the invitation to comments on that reply we are pleased to enclose our views.

GENERAL COMMENT

  The Labour and Liberal parties in Gibraltar consider that the reply by the Foreign Office is weak, evasive and contradictory. They are attempting to justify the unacceptable manner in which they have handled the external affairs of Gibraltar. Even in those areas where assurances are given to the people of Gibraltar, it falls well short of what is required. The Gibraltarians have been hearing soothing words for years, what is needed is concrete action and judging by the views expressed by the Foreign and Commonwealth Office this is unlikely to be forthcoming.

DETAILED RESPONSE

  We will take issue point by point with the reply.

FCO Introduction—Point 3

  The introduction welcomes "the reduction of tension over Gibraltar" since the Prime Minister Tony Blair met his Spanish counterpart in April 1999. This is not so. In fact, what has occurred is almost the opposite and there has in fact been an intensification of orchestrated attacks on Gibraltar by Spain. As recently as 13 October, the Spanish government representative in the province of Cadiz, Miguel Osuna, accused Gibraltar of drugs smuggling and money laundering. Similar allegations were repeated in the Spanish daily "El Pais" on Sunday 24 October, where Gibraltar was accused of not co-operating with the Spanish judicial establishment. The delays at the border continue unabated, and Spain continues to under-mine Gibraltar's position in the European Union through its questioning of our ability to have separate competent authorities from the United Kingdom. Madrid has already hinted that it may well veto the necessary changes to EU legislation to allow Gibraltar to participate in European Parliamentary elections. In these circumstances of continuous harassment, it is nonsense for the Foreign Office to say that tension has been reduced.

FCO Introduction—Point 4

  This says that "The report highlights a number of important issues which will preoccupy UK, Spain and Gibraltar for the remainder of the year. UK participation in part of the Schengen acquis, the question of Gibraltar's competent authorities within the EU, the airport, constitutional reform, and the development of Gibraltar's financial services sector are prominent among them. In all of these areas the Government are keen for constructive dialogue and co-operation."

  The GSLP and Liberal Party would be grateful for clarification of this statement. It could be read as implying that the list of matters that will reoccupy UK, Spain and Gibraltar somehow involve Spain as a direct participant. It is the view of the opposition parties in Gibraltar that such issues are purely bilateral, either between Gibraltar and the United Kingdom, or between both and the European Union. We would be grateful if the House of Commons Foreign Affairs Committee sought and obtained clarification of this point.

ECO—Point 22

  It is regrettable that the Foreign Office do not see the need to move away from or abolish the Brussels agreement. This agreement dates back to 1984 and it should be consigned to history. It is also significant that the FCO believe that there "is no realistic prospect of the present Government of Spain agreeing to exclude sovereignty from dialogue on Gibraltar." This is a very defeatist approach and it does not make any sense to continue with a mistaken and mis-guided policy purely on such a basis. It also means that there is no incentive on the part of the Foreign and Commonwealth Office to move Spain away from this.

  It is also particularly disgraceful that the FCO has still not committed itself to reject the Matutes proposals at the next round of talks under the Brussels agreement, whenever they might take place. This shows a blatant disregard for the wishes of the people of Gibraltar as expressed in a unanimous motion passed by the Gibraltar House of Assembly and a mass petition handed in to the Prime Minister in December 1998 calling for such a rejection.

ECO—Point 23

  It is scandalous that the Foreign and Commonwealth Office should choose to play on the word "robust" in order to defend their position. However, "robust" they may think they have been, the fact remains that Gibraltar has been on the losing end time and again. Our position in Europe continues to be eroded and questioned by Spain.

  In general terms, the lack of positive action in favour of Gibraltar is demonstrated by the response in the following 15 areas.

    (1)  Gibraltar driving licences

    The Foreign Office are in discussion with the Commission.

    (2)  Gibraltar-issued passports

    Spain has queried their status and the FCO remains convinced that they conform.

    (3)  Gibraltar identity cards

    No infraction proceedings against Spain initiated, no indication that they will be.

    (4)  Delay over telephone operations

    Foreign Office taking an "active interest".

    (5)  Non-recognition of Gibraltar's authorities in the EU

    Foreign Office "working hard" to ensure we are affected as little as possible by non-recognition.

    (6)  Border delays

    Foreign Office "will keep the situation under review".

    (7)  Application to join in parts of Schengen

    Gibraltar to be "included where appropriate". Who decides what is appropriate?

    (8)  Voting rights for Gibraltar in EU elections year 2004

    Foreign Office "working hard".

    (9)  Failure to treat Gibraltar the same as UK in the EU

    Foreign Office "will continue to press the Commission."

    (10)  Removal of restrictions on Gibraltar in NATO

    The Foreign Office will continue to talk to Spain.

    (11)  Protecting Gibraltar waters from illegal fishing

    Foreign Office states Gibraltar has no requirement for protection.

    (12)  Discussions with Gibraltar before bilateral Anglo-Spanish meetings

    Foreign Office say "the need for such discussion will be kept under review."

    (13)  Matutes proposals should be rejected

    The Foreign Office will reply at the next meeting. Rejection not confirmed.

    (14)  New process of dialogue to replace Brussels process

    The Foreign Office say the Spanish government would not agree to this because they want to discuss sovereignty.

    (15)  Many occasions when British defence has not been sufficiently robust

    The Foreign Office is encouraged that no specific examples have been given.

  We shall be submitting a further paper on the question of the provisions in the Treaty of Amsterdam.

  The Gibraltar Socialist Labour Party and the Liberal Party of Gibraltar are grateful for the opportunity to make these submissions to the House of Commons Foreign Affairs Committee and are at the disposal of the Committee to supply more details if so required.


 
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