European Union (Referendum) Bill

Debate between Thomas Docherty and Gareth Thomas

Friday 8th November 2013 Commons Chamber

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I am most grateful to you, Mr Speaker, for calling me to speak in this debate.

As I am sure the hon. Member for Stockton South (James Wharton) will recall, I intervened on him to raise the issue of Gibraltar when we first gathered here on a Friday to discuss this Bill. I think I am accurate in saying that he was rather dismissive of my concerns about the people of Gibraltar and accused me of merely trying to wreck the Bill. I very much welcome the fact that he has had a conversion along the way from here to the Whips Office to get his instructions and back again, and now supports giving the people of Gibraltar the right to take part in this referendum.

We heard an excellent speech from the hon. Member for Romford (Andrew Rosindell), who is one of the leading experts on the overseas territories. I was slightly disappointed, however, that he did not explain the precise reason why it is vital for Gibraltar to have its voice in the referendum. The reason is that under the treaty of Utrecht, which—he may correct me—took place in 1713, the United Kingdom has ownership of Gibraltar for as long as we and the people of Gibraltar should wish it, but should we ever renounce our ownership of the Rock, ownership automatically passes back to Madrid. Therefore, under the treaty, the people of Gibraltar have no ability to seek their own independence. If they were not given their chance to have a say in the referendum, if the United Kingdom chose to leave the EU, they would be placed in the ridiculous situation of having to choose whether they wished to remain part of the European Union or to become Spanish.

That is why I very much welcome the fact that eventually, after six months, the hon. Member for Stockton South and his colleagues have accepted the argument that I tried to make back in July. I look forward to his explaining why it has taken him so long to come to the conclusion that was obvious to us at such an early stage.

[Mr Thomas]

As regards new clause 1, does my hon. Friend agree that it would be helpful if the Bill’s promoter gave us a little more information about why the Colonial Laws Validity Act 1865 needs to be referenced in the Bill?

[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?