Fabian Picardo defends Gibraltar position ah he's quizzed by Nigel Mills
Gibraltar needs official Parliamentary representation, the Rock’s Chief Minister has told MPs.
Fabian Picardo was speaking as negotiations with the EU and Spain over post-Brexit border arrangements reached a crucial stage.
Speaking to a meeting of the Procedure Committee, he took the opportunity to emphasise how important that the British Overseas Territory’s voice was heard.
Gibraltar Chief Minister Mr Picardo, stated his case as he visited London with deputy Dr Joseph Garcia.
During the evidence session, Nigel Mills, the Tory MP for Amber Valley, told Mr Picardo: “I think your submission had a kind of have your cake and eat it option of wanting an MP for a constituency that's about a third the size of most of our constituencies and at the same time wanting to change the rules so this Parliament actually couldn't legislate for all your domestic affairs.
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Gibraltar's First Minister Fabian Picardo and UK Prime Minister Rishi Sunak (Image: GETTY)
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“That's quite an ask: isn't it a bit excessive?”
Mr Picardo hit back: “With the greatest of respect, I think when you did devolution you opened up Pandora's box. Because you've got Members of Parliament here for the devolved Parliaments and you've got Parliaments in the devolved territories.
“And they make decisions for themselves in areas which are different to the areas in which we make decisions, they have different sizes of constituencies for elections in the devolved Parliaments.
“If you're asking us whether we think we, as British citizens resident on British soil, should be represented in the mother of all Parliaments that retains the right to determine issues as existentially important to Gibraltar as external relations, defence and internal security, well, frankly, the only answer you're going to get is yes.
Nigel Mills, the Tory MP for Amber Valley (Image: GETTY)
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“And if you if you ask us the question, don't expect us to say anything other than yes. We didn't volunteer this, you actually asked us the question.”
Mr Mills continued: “A lot of devolution conventions are conventions, what you're asking for is a kind of legislative position that this Parliament couldn't do stuff, as you noted domestically, which you thought was in your purview. And then to add an MP that you don't currently have…I mean, that would be quite a step.”
However, Mr Picardo replied: “First of all, we already have the power to legislate in those areas which are in our purview because this Parliament and the United Kingdom Government through the Crown gave us that power.”
Referring to Parliament’s “reserve power”, which ultimately permits it to make laws for British Overseas Territories (BOTs) where deemed necessary, Mr Picardo continued: “We should talk about the nature of that reserve power, because it is in my view, only a power that the Sovereign should exercise in consultation with ministers.
“And the relevant ministers in the context of the British legal hierarchy here, absent the Secretary of State for Foreign Affairs and Defence, are her ministers or his ministers now in Gibraltar, who should be the ones in consultation with the Sovereign when the reserve power is being exercised, which is another argument that we could have separately.
“So I don't necessarily accept that that power exists in an unchannelled way unless there was a very clear British foreign policy interest that we are failing to abide by which can only in my view be the United Kingdom being in breach of its international legal obligations.
Gibraltar is a British Overseas Territory (Image: Getty)
“Although as we've recently seen, the United Nations has not been adverse in the past five years of potentially putting itself in breach of its international legal obligations.”
Asked by Mr Mills if he was envisaging an MP who could speak on vote on, for example, education in his Amber Valley constituency without offering Parliament any right to legislate on Gibraltar’s education system, Mr Picardo agreed.
He explained: “That’s the point, that the balance has to be a fine one, between having representation in those areas where we are not autonomous, and having no representation or at least not voting on areas where we are not expecting you to vote for us.
“I'll be very clear with you, I think this is the opening of Pandora's box and finding the right balance between those two is not easy.
“To an extent, you have an element of that in the context of the devolved Parliaments so there is a window into how you might do it with the Overseas Territories, given your wish to analyse whether you could do it with the Overseas Territories, which is what the committee has asked for our evidence on.”
Mr Mills also asked Mr Picardo whether the idea of an MP for all 14 BOTs would be a possibility, he responded: “I think that the interests of the Overseas Territories are very divergent - for example, on registers of ultimate beneficial ownership, and sex education in schools.
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“Different governments in the territories in different territories have different outlooks on social issues, and on business issues.”
Referring to the former, which are seen as a way of offering banks clarity about who they are doing business with, Mr Picardo said: “Some territories will bitterly resist the idea of having imposed on them registers of ultimate beneficial ownership, and indeed, some territory governments have said that they would have to consider independence if that was imposed on them.
“And different territories have different attitudes to social issues, whether it’s recognition of same sex couples, equal marriage or civil partnerships, all of which we've done in Gibraltar and how that education is done in schools.
“So if you had one MP, I dare say that he'd have a very difficult job in making representations across the board.”
One answer to that might be that an elected MP would need to have a position “which is defended across the territories”, Mr Picardo suggested.
He added: “His or her travel bill at the time of the election would be considerable. And whichever shade of opinion is eventually elected is the shade that would be represented in Westminster, as is the case in any constituency.
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“But I do think it would be suboptimal for many of the people of the territories because they would have so divergent geographic, social and financial interests, it would be impossible for one MP to represent all.”
Mr Picardo met with Foreign Secretary Lord Cameron during his visit, which followed the latest round of negotiations with EU and Spanish representatives in Brussels.
An FCDO statement said: “The Foreign Secretary noted that while the negotiations were complex, he remained confident that a treaty was achievable and could deliver for everyone in the region.
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“Throughout negotiations the UK, with Gibraltar, has presented proposals to secure future prosperity for the whole region that maintain the balance of the Political Framework agreed with Spain in December 2020.
“Alongside efforts to conclude negotiations, the Foreign Secretary agreed that it remained prudent to continue working together to ensure robust plans were in place for all scenarios, including a non-negotiated outcome.
“The Foreign Secretary reiterated the UK’s unwavering support for Gibraltar and that we will not agree to anything that compromises sovereignty.”
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