European Union (Referendum) Bill

Andrew Rosindell Excerpts

Friday 8th November 2013 Commons Chamber

[Mr Speaker]

Order. The hon. Gentleman will resume his seat. He has been in the House long enough to know that the Chair is never required to explain or, as he puts it, shed light on the selection of amendments. The hon. Gentleman will have to rest content with the selection. If I were inclined to put it bluntly, I would say that he can like it or lump it.

New Clause 1

Gibraltar

‘(1) An order under section 3(2) or (3) which extends to Gibraltar may—

(a) provide for conduct to constitute a criminal offence under the law of Gibraltar;

(b) extend and apply to Gibraltar, with or without modification, the provisions of any enactment relating to referendums or elections;

(c) modify any such enactment so far as it has effect in relation to any part of the United Kingdom;

(d) modify or apply or incorporate, with or without modification, the provisions of any legislation in force in Gibraltar relating to elections, or referendums.

(2) The capacity of the Gibraltar legislature to make law in relation to any matter in relation to which provision may be made under section 3 is not affected by the existence of the power conferred by that section.

(3) Subsection (2) is not to be regarded as restricting the operation in relation to law made by the Gibraltar legislature of the Colonial Laws Validity Act 1865 (under which colonial laws are void if repugnant to provision made under an Act of Parliament).

(4) “Enactment”, and “modification” have the same meaning as in the Political Parties, Elections and Referendums Act 2000 (see section 160(1) of that Act).’.—(Andrew Rosindell.)

Brought up, and read the First time.

[Andrew Rosindell (Romford) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 41, in clause 2, page 1, line 18, leave out ‘and’.

Amendment 43, in clause 2, page 1, line 18, at end insert—

‘(aa) persons who have right of abode in the United Kingdom.’.

Amendment 45, in clause 2, page 1, line 18, at end insert—

‘(aa) persons who would be entitled to vote as electors in a European Parliament election.’.

Amendment 46, in clause 2, page 1, line 18, at end insert—

‘(aa) all persons who are legally entitled to vote as electors at a local government election.’.

Amendment 47, in clause 2, page 1, line 18, at end insert—

‘(aa) all British citizens resident in any of the member states of the European Union.’.

Amendment 48, in clause 2, page 1, line 19, after ‘peers’, insert ‘or prisoners’.

Amendment 8, in clause 2, page 1, line 20, at end add—

‘(c) British citizens, regardless of where they are resident, who have registered to vote with a British Embassy or High Commission or with the local authority where they last lived in the United Kingdom not less than six months before the date of the referendum, and the statutory provisions relating to overseas voters shall be disapplied for the purposes of this section.’.

Amendment 44, in clause 2, page 1, line 20, at end insert—

‘(2) Persons aged 16 or 17 on the date of the referendum shall be entitled to vote if they would, save for their age, be otherwise entitled to vote under any of the categories set out in subsection (1) above.’.

Amendment 49, in clause 2, page 1, line 20, at end insert—

‘(c) citizens of the Republic of Ireland, Cyprus and Malta resident in the United Kingdom shall not be entitled to vote.’.

Amendment 50, in clause 2, page 1, line 20, at end insert—

‘(c) residents of all Crown Dependencies.’.

Amendment 51, in clause 2, page 1, line 20, at end insert—

‘(c) residents of all British Overseas Territories.’.

Amendment 63, in clause 2, page 1, line 20, at end add—

‘(2) Provision will be made for all electors included in the Gibraltar register as defined in Schedule 1 to the Government of Gibraltar’s European Parliamentary Elections Act 2004 to vote in Gibraltar in person or by post.’.

Amendment 69, in clause 2, page 1, line 20, at end add—

‘(c) persons who are citizens of British Overseas Territories.’.

Amendment 80, in clause 2, page 1, line 20, at end insert ‘and

‘( ) Commonwealth citizens who, on the date of the referendum, would be entitled to vote in Gibraltar as electors at a European Parliamentary election in the combined electoral region in which Gibraltar is comprised.’.

Amendment 81, in clause 5, page 2, line 21, at beginning insert—

‘( ) This Act extends to—

(a) England and Wales, Scotland and Northern Ireland; and

(b) Gibraltar.’.

Amendment 82, in line 1 after ‘Kingdom’, insert ‘and Gibraltar’.

[Andrew Rosindell]

I am proud to move new clause 1, in the name of my hon. Friend the Member for Stockton South (James Wharton) and myself.

On 1 January 1973, the people of the United Kingdom of Great Britain and Northern Ireland joined the then Common Market, the European Economic Community, as it was known at that stage, but it was not just the people of the United Kingdom who joined what is now the European Union at that point. It was also the people of the then British Crown colony of Gibraltar, now known as a British overseas territory.

As all Members of the House know, the people of the Rock of Gibraltar are deeply proud of the fact that they are one of Her Majesty’s British overseas territories. They are proud of being British and proud of being part of the British family of nations and territories, but they are also part of the European Union.

[Mike Gapes (Ilford South) (Lab/Co-op)]

Is it the hon. Gentleman’s opinion that the people living in Gibraltar today are also pleased that they have the right to vote in European parliamentary elections and would therefore wish to take a role in the future of the European Union?

--- Later in debate ---

[Andrew Rosindell]

I was about to come to that very point. It was only a few years ago, in June 2004, that after a very long battle the people of Gibraltar were rightly granted the ability to vote in European elections. It was wholly wrong that part of the European Union was excluded from those elections. The people of Gibraltar, as members of the European Union, are now entitled to vote in those elections, so it is consistent with that argument that the people of the Rock should also be granted the right to vote in any future referendum regarding the European Union.

Of course it is right that we should ensure that the provisions of the Bill before the House today are extended to the people of Gibraltar as loyal subjects of the Crown and as British citizens, to ensure that all 20,000 inhabitants of the Rock are given the right to vote in any forthcoming referendum. As in our own nation, there are divided views about the European Union, but of course, as my hon. Friend the Member for Stockton South has pointed out many times, today’s debate is not about our future in the European Union. It is about the right of the people to decide and to choose their own destiny. If it is right for the people of the United Kingdom to have that right, it is surely correct that the people of Gibraltar should be extended that same right of self-determination within the European Union.

The people of Gibraltar have a right to vote in this referendum. That is why my hon. Friend and I have tabled the new clause. It is only correct that all the people affected by the European Union are given the right to choose, so why should the people of Gibraltar be excluded from that decision?

--- Later in debate ---

[Martin Horwood]

rose—

[Andrew Rosindell]

I will not be giving way.

The vast majority of people in Gibraltar, unlike people in the United Kingdom, choose to use their votes. In fact, the most recent European elections saw a 57% turnout—far higher than the turnout in the south-west region of which Gibraltar is a part. It is therefore right that they be given this opportunity. We know that they want the right to make the decision, along with the people of the United Kingdom.

The national anthem of Gibraltar says:

“Gibraltar, Gibraltar,

The Rock on which I stand,

May you be forever free,

Gibraltar, my own land.”

If the people of Gibraltar are to be free, if they are to choose their own destiny, and if it is to be their own land, they too must be given the right to vote in this referendum and in all elections. I commend the amendment to the House.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I served on the Committee, and during our proceedings we looked very closely at this matter. I remind the House that at that time the Government were unaware of, or had forgotten, the fact that the people of Gibraltar were a very special case because, as a European election constituency, they are part of the west of England seat and, as such, should have been included from the very start when this Bill was dreamt up.

Of course, we know that this is very much not a normal private Member’s Bill. I have never, in my experience in the House of Commons, seen a private Member’s Bill where Government Members are on a three-line Whip.

--- Later in debate ---

[Thomas Docherty]

I fully agree. You will recall, Mr Speaker, that on Wednesday evening we had a debate about the use of explanatory statements. As I think the House knows, I was a little sceptical about the mandatory nature of that proposal. However, I must confess—as I said, I am not as much of an expert as the hon. Member for Romford—that it would have been helpful in this case, because yesterday there was some genuine confusion about the amendments, with several hon. Members seeking guidance from the Clerks, the Library and elsewhere. I am disappointed that the hon. Gentleman did not explain why that particular line was included in the new clause. Does he wish to provide an explanation?

[Andrew Rosindell]

indicated dissent.

[Thomas Docherty]

No? I am sorry about that, because it has been puzzling me.

I am keen on giving the people of Gibraltar an opportunity to take part in a referendum that will directly affect them. I regret that it has taken us so long to persuade the hon. Member for Stockton South to accept that obvious point about a flaw that has been in his Bill from the very beginning.

--- Later in debate ---

[Martin Horwood]

That will probably get the hon. Gentleman “quote of the day” in somebody’s column, but I am not sure how well it will go down in Gibraltar. I do not think we should make light of the serious issue of Gibraltar’s future in the European Union, but I value the hon. Gentleman’s humorous contribution.

We could end up in a bizarre situation whereby Gibraltar votes to remain in the EU and the rest of the UK votes to leave it. We face the prospect of going to the effort of accepting this new clause and giving Gibraltarians their say and the ability to express their own view on their own destiny, but then expelling them from the EU against their wishes. I am not clear how that gives Gibraltarians a real say over their destiny.

[Andrew Rosindell]

I am afraid that the hon. Gentleman is getting this completely back to front. The people of Gibraltar would vote in a referendum, just like anybody else in the United Kingdom. If the people of Essex chose to stay in the European Union—I am not sure that is going to happen—it would make no difference: we are treated as one country in terms of the EU. I assure the hon. Gentleman that the people of Gibraltar will want to stay with Britain.

[Martin Horwood]

I am afraid that the hon. Gentleman is wrong. Gibraltar is not equivalent to Essex in any respect. It is a separate territory and it has self-government. It is not represented in this Parliament. That is a fundamental principle of our relationship with Gibraltar. It is more analogous to Denmark’s relationship with Greenland, which voted in its own right to leave the European Union despite remaining a Danish territory. Greenlanders were given their right to have control over their own destiny, but the Bill does not explain how Gibraltarians would be given that same right should their conclusion in a referendum differ from that of the people of the United Kingdom. The Bill leaves a huge unanswered question, in that it appears, on the face of it, to offer a clear scenario whereby the voters of the United Kingdom could, in effect, expel Gibraltarians from the European Union against their wishes.