GIBRALTAR: NEW CONSTITUTION (27/03/06)

Announcing the successful conclusion of the Gibraltar Constitutional negotiations, in the House of Commons, on Monday 27 March, Foreign Secretary, Jack Straw, said:

I wish to make a statement to the House informing members about the Gibraltar Constitutional negotiations, which concluded successfully in London on Friday 17 March.

A joint statement by the UK and Gibraltar was made earlier today, which sets out the main provisions of the new Constitution. The full text of the new constitution will be published in the coming weeks, and put to the people of Gibraltar in a referendum. If it is approved by them, it will then be given effect by Order-in-Council.

As I set out in my statement of 6 February 2004, the starting point for the work to modernise Gibraltar's 1969 constitution was the invitation in the 1999 White Paper (Partnership for Progress and Prosperity: Britain and the Overseas Territories) to OT governments to submit proposals for constitutional reform. In July 1999, the Gibraltar House of Assembly constituted a Select Committee to report on Constitutional reform.

The Committee published its proposals in January 2002. We formally received them in December 2003. These proposals were subsequently discussed between delegations from the UK and Gibraltar in November/December 2004, September 2005 and March 2006.

The new Constitution provides for a modern and mature relationship between Gibraltar and the UK. As I will make clear in the Despatch that I will send to the Governor at the time that the Order-in-Council is passed, it does not in any way diminish British sovereignty of Gibraltar. The UK will retain its full international responsibility for Gibraltar, including for Gibraltar's external relations and defence, and as the Member State responsible for Gibraltar in the European Union. Gibraltar will remain listed as a British Overseas Territory in the British Nationality Act of 1981, as amended by the British Overseas Territory Act 2002.

The Preamble to the new Constitution will also make clear that the UK stands by its long-standing commitment that Gibraltar will remain part of Her Majesty's dominions unless and until an Act of Parliament otherwise provides, and furthermore that Her Majesty's Government will never 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 confirms that the people of Gibraltar have the right of self-determination and that the realisation of this right must be promoted and respected in conformity with the provisions of the UN Charter and any other applicable international treaties. In the Despatch, I will note that, in the view of Her Majesty's Government, 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 refusal should Britain ever renounce Sovereignty. Thus independence would only be an option with Spanish consent.

The remainder of the Constitutional text introduces substantial reform and modernisation. The main elements include limiting the responsibilities of the Governor to the areas of external affairs, defence, internal security and the public service, thereby reversing the previous practice and giving Gibraltar much greater control over its internal affairs. The House of Assembly will be restyled the Gibraltar Parliament, and may determine its own size. The Governor's powers to withhold assent on laws passed by Gibraltar are streamlined and my power to disallow them is removed (although the power to make Orders-in-Council is retained). New commissions will be created to handle appointments in the Judiciary and Public Service. The creation of a new Police Authority for Gibraltar will give Gibraltar a greater input into policing matters. Finally, the Human Rights chapter has been updated to bring it into line with the ECHR.

I have written to Miguel Angel Moratinos, the Spanish Foreign Minister, to clarify those matters of importance to Spain relating to this Constitution.

I warmly welcome the text of the new Constitution. I believe that it is a clear demonstration of our enduring commitment to the people of Gibraltar and that it represents the development of a modern, mature and appropriate relationship with the people of Gibraltar. I believe that the whole House will wish to commend it wholeheartedly to the people of Gibraltar.

I am placing copies of my letter to Spanish Foreign Minister Miguel Angel Moratinos and the UK-Gibraltar joint statement on the Constitutional talks in the Library of the House.
 

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