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Geoff Hoon
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GIBRALTAR: NEW CONSTITUTION
In a written answer to the following question in the United Kingdom House of
Commons, Mr Geoff Hoon, Minister for Europe made a statement:
Q: To ask the Secretary of State for Foreign & Commonwealth Affairs, whether
Her Majesty’s Government will consider the forthcoming referendum in Gibraltar
to approve the new constitution to be an act of self-determination by the people
of Gibraltar.
A: As Jack Straw set out in his written Ministerial Statement of 27 March, the
new Constitution provides for a modern and mature relationship between the UK
and Gibraltar. I do not think that this description would apply to any
relationship based on colonialism. The Constitution confirms the right of
self-determination of the Gibraltarian people. The realisation of that right
must be promoted and respected in conformity with the provisions of the UN
Charter and any other applicable international treaties. Gibraltar’s right
of self-determination is not constrained by the Treaty of Utrecht except
insofar as Article X gives Spain the right of refusal should Britain ever
renounce Sovereignty. Thus independence would only be an option with Spanish
consent. HMG recognises that the act of deciding on their acceptance of
the new Constitution in the forthcoming referendum will be an exercise of
the right of self-determination by the Gibraltarian people in that context.
The new Constitution does not in any way diminish British sovereignty and
gives Gibraltar much greater control over its internal affairs and that
degree of self-government compatible with British sovereignty and the
UK's continuing international responsibilities. If the new Constitution
is agreed 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 EU. The UK's long
standing commitment that the UK will never enter into arrangements under
which the people of Gibraltar would pass under the sovereignty of another
state against their wishes will be unchanged. This is also set out clearly
in the Despatch which will be published at the same time as the Gibraltar
Constitution Order and the draft of which I will now place in the Library
of the House.
It has also been the UK's longstanding view that none of its remaining
Overseas Territories, including Gibraltar, should remain on the UN list
of non self-governing territories, despite the different circumstances
affecting Gibraltar, namely the application of the Treaty of Utrecht
as noted earlier. However, the criteria used by the UN are outdated
and fail to take account of the way that relationships between the UK
and its Overseas Territories have been modernised. The UK does not,
therefore, engage formally to seek the removal of any of the Overseas
Territories from the UN list.
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