Following the British Government’s confirmation yesterday that our Constitutional Referendum would constitute an exercise of the right to self determination the Government of Gibraltar and the Government of the United Kingdom have to-day published the texts of the following draft documents in relation to the proposed new Constitution for Gibraltar.

(1) The Despatch.

(2) The Order in Council, which contains the preamble.

(3) The text of the new Constitution itself (which is Annex No 1 to the Order in Council) and the transitional and other provisions (which is Annex 2 to the Order in Council).

(1) The Despatch The Despatch is the “letter” under cover of which the Foreign Secretary would eventually send the new Constitution to the Governor if it is approved by the people of Gibraltar in referendum, and after the Privy Council has promulgated the Order in Council into law. The Preamble reasserts HMG’s commitment to the historic Sovereignty preamble and sets out the history of these Constitutional reform proposals and negotiations. The Despatch also makes clear that the new Constitution does not diminish British Sovereignty and that the UK will retain its full international responsibility for Gibraltar, inside and outside the EU. In the Despatch, the British Government also asserts and declares that Gibraltar enjoys the individual and collective rights accorded by the UN Charter, including the right to self determination promoted in accordance with the Charter of the UN. The UK also confirms that in its view the right to self determination is constrained by the Treaty of Utrecht only as to the independence option. The UK however takes note of the fact that Gibraltar does not share this view, and that in accepting the new Constitution we are not accepting the existence of any such constraint. A copy of the full draft Despatch is attached to this statement.

(2) The Order in Council This is the legal instrument to which the Constitution itself is attached as an annex. The Order in Council is also the document that contains, as in the past, the preambles (now extended from one to two). The original Sovereignty preamble is repeated in the exact same form as in the present Order in Council. In addition, a second preamble is added, in the following terms:- “And whereas the people of Gibraltar have in a referendum held on [date] freely approved and accepted the Constitution annexed to this Order which gives the people of Gibraltar that degree of self government which is compatible with British Sovereignty of Gibraltar and with the fact that the UK remains fully responsible for Gibraltar’s external relations.” Yesterday, the British Government confirmed publicly and in Parliament that this referendum would constitute an act of self determination. A copy of the draft Order in Council is attached to this statement.

(3) The new Constitutional text sets out the substantial reform and advancement in our Constitution and self government that have already been referred to publicly. They represent the overwhelming majority of what Gibraltar asked for. The text of the proposed new Constitution is available on the Gibraltar Government website (www.gibraltar.gov.gi) on the icon “The Draft Despatch and Draft Gibraltar Constitution Order 2006).

Full printed copies may also be obtained from No 6 Convent Place. The Government will, during the next few weeks, produce and circulate to every household a booklet summarising and explaining each new Constitutional provision.

The Government will shortly announce arrangements for the holding of the referendum.

DRAFT DESPATCH - FINAL

“The Gibraltar Constitution Order 2006 has today been made by Her Majesty in Council. As was the case in the 1969 Her Majesty’s Government in the United Kingdom in this despatch confirms the position in relation to certain matters in the Constitution. I would therefore be obliged if you could arrange for this Despatch to be published in the Gibraltar Gazette at the same time as the Gibraltar Constitution Order itself.

As the Preamble to the new Gibraltar Constitution Order makes clear, Her Majesty’s Government 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.

As Mr Jack Straw set out in his statement of 6 February 2004, the starting point for the work to modernise Gibraltar’s 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 relationship between Gibraltar and the UK. This Constitution does not in any way diminish British sovereignty of Gibraltar, and 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 1981, as amended by the British Overseas Territories Act 2002.

As a separate territory, recognised by the United Nations and included since 1946 in its list of non-self-governing territories, Gibraltar enjoys the individual and collective rights accorded by the UN Charter. Her Majesty’s Government therefore supports the right of self-determination of the people of Gibraltar, promoted in accordance with the other principles and rights of the UN Charter, except in so far only as in the view of Her Majesty’s Government, which it has expressed in Parliament and otherwise publicly on many occasions, Article X of the Treaty of Utrecht gives Spain the right of refusal should Britain ever renounce sovereignty. Thus, it is the position of Her Majesty’s Government that there is no constraint to that right, except that independence would only be an option for Gibraltar with Spain’s consent.

Her Majesty’s Government takes note that Gibraltar does not share the view that this constraint exists and that their acceptance of this Constitution is on that basis.”

[Draft of 5 June 2006]
THE GIBRALTAR CONSTITUTION ORDER 200[6]

At the Court at Buckingham Palace

THE [ ] DAY OF [ ] 200[6]

PRESENT,

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

Whereas Gibraltar is part of Her Majesty’s dominions and Her Majesty’s Government have given assurances to the people of Gibraltar 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:

And whereas the people of Gibraltar have in a referendum held on [date] freely approved and accepted the Constitution annexed to this Order which gives the people of Gibraltar that degree of self-government which is compatible with British Sovereignty of Gibraltar and with the fact that the UK remains fully responsible for Gibraltar’s external relations.

Now, therefore, Her Majesty, by virtue and in exercise of all the powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Citation, commencement and interpretation

1.-

(1) This Order may be cited as the Gibraltar Constitution Order 200[6].

(2) This Order shall be published in the Gazette and shall come into force on the day it is so published.

(3) In this Order –

“the appointed day” means such day as may be prescribed by the Governor by proclamation in the Gazette; “the Constitution” means the Constitution set out in Annex 1 to this Order; “the existing Order” means the Gibraltar Constitution Order 1969.

(4) Section 78 of the Constitution shall apply for the purposes of interpreting this section, section 2 and Annex 2 to this Order and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to the Constitution.

Commencement of Constitution and revocation of existing Order

2. With effect from the appointed day –

(a) the Constitution set out in Annex 1 to this Order shall (subject to the transitional and other provisions set out in Annex 2 to this Order) have effect in Gibraltar, a part of Her Majesty’s dominions, known as the City of Gibraltar;

(b) the existing Order shall be revoked.

A.K.Galloway