Letter to the Secretary of State for Foreign
and Commonwealth Affairs from the Chairman of the Committee, 9
September 2004
GIBRALTAR
The Committee has asked me to write, requesting
responses on a number of issues regarding Gibraltar.
EUROPEAN CONSTITUTION
REFERENDUM
On 14 July, Denis MacShane, in reply to a written
PQ from Andrew Rosindell, stated that you are "sympathetic
to the inclusion of the Gibraltar electorate in the franchise
for the referendum on the EU Constitutional Treaty, as he stated
to the Foreign Affairs Committee on 25 May. As yet, the Government
have not yet taken a decision on this issue and are continuing
to consider the matter." (HC Deb, 14 July 2004, col 1187W).
The Committee wishes to be kept informed of
developments. Are you yet in a position to tell me when you expect
to reach a decision? What representations on this matter have
you received from the Government of Gibraltar?
EUROPEAN BORDER
AGENCY
The Committee understands that as a non-Schengen
state the UK will be participating in the European Border Agency
on a limited operational co-operation basis, but that at Spain's
insistence, Gibraltar will be excluded from all participation
in the Agency.
Can you confirm the terms on which the UK and
Gibraltar, respectively, will participate in the Agency? If these
differ, why do they differ, and why cannot Gibraltar participate
on the same terms as the UK? What position has Spain taken on
this matter? What has been the UK's response to Spain's position?
GIBRALTAR'S
TAX STATUS
The Committee has noted the ruling of the European
Commission on 30 March that the planned reforms of Gibraltar's
company taxation laws breach EU rules on state aid. It is also
aware that provisional agreement was reached in July on the interim
application of the exempt company regime, pending a ruling by
the ECJ.
What is the UK's policy on Gibraltar's proposed
reform of its company taxation laws? Does the UK accept the Commission's
decision of 30 March and its interpretation of the state aid regime?
Is the Government supporting Gibraltar's case at the ECJ? What
statements have Ministers made to Parliament on this matter?
I would be grateful to receive a response on
these points not later than Monday 11 October.
Rt Hon Donald Anderson MP
Chairman of the Committee
9 September 2004
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