13-Letter to the Chairman of the Committee
from the Minister for Europe
I am writing to advise the Foreign Affairs Committee
that the draft Gibraltar Constitution Order (attached)[2]
will be placed before the people of Gibraltar on 30 November in
a referendum organised by the Government of Gibraltar (GoG). Should
the new Constitution be accepted, it will be given legal effect
by this Order.
As former Foreign Secretary Jack Straw's Written
Ministerial Statement of 27 March 2006 (also attached)[3]
explained, the new Gibraltar Constitution Order properly reflects
the modern and mature relationship that the UK and Gibraltar now
enjoy. The UK continues to retain its international responsibilities
for Gibraltar, including for external relations and defence. British
sovereignty over Gibraltar is clearly reaffirmed, with the preamble
to the Constitution Order reasserting our long-standing commitment
never to enter into arrangements under which the people of Gibraltar
would pass under the sovereignty of another State against their
freely and democratically expressed wishes.
The new Constitution also formally recognises
the right of self-determination of the people of Gibraltar. The
British Government will recognise the forthcoming constitutional
referendum as an exercise of that right.
The remainder of the draft Constitution introduces
a number of changes. We reversed the past practice of defining
strictly the powers delegated to local Ministers and instead limit
the special responsibilities of the Governor to external affairs,
defence, internal security and the public service. The Governor's
powers to block legislation are more closely defined and the Secretary
of State's powers of disallowance (ie power to revoke Gibraltar
legislation) are removed. Nevertheless, Her Majesty retains the
power to legislate through Order in Council. New commissions will
also be created to handle appointments in the judiciary and public
service and a new police authority created to give Gibraltar a
greater role in policing matters.
The accompanying despatch (also attached)[4]
sets out the UK's interpretation of the new Constitution and in
particular its view that Gibraltar's right of self-determination
is not constrained by the Treaty of Utrecht except in so far as
Article X gives Spain the right of first refusal should Britain
ever renounce sovereignty.
The draft Constitution Order has enjoyed cross-party
support in Gibraltar, where there will doubtless be a full and
vigorous public debate during the forthcoming referendum campaign.
For our part, we strongly believe that the provisions of the new
draft Constitution represent an excellent outcome for both Gibraltar
and the UK.
The referendum will be held on 30 November.
If the draft Constitution is approved, we would then submit the
attached draft Order to the Privy Council to be made at its meeting
on 14 December.
Rt Hon Geoff Hoon MP
Minister for Europe
30 October 2006
CHAGOS ISLANDS
2 Not printed. Back
3
Not printed. Back
4
Not printed. Back
| 
