I intend to continue with my remarks and respond to the points made about new clause 1 and then to respond briefly to the points made by the hon. Member for Ilford South (Mike Gapes), so I do not intend to give way to those who are seeking to intervene at the moment.
Under the 2006 constitution of Gibraltar, the United Kingdom is responsible for Gibraltar’s external relations, including its membership of international organisations. For example, the United Kingdom would be at risk of infraction proceedings if the Government of Gibraltar failed to implement EU legislation. Gibraltar’s association with the EU is itself founded on the UK’s membership and the terms of Gibraltar’s association are set out in declaration 55 attached to the treaties of the European Union. To those hon. Members who have asked, “What would happen if in 2017 the UK voted to leave the EU?”, the answer is that in subsequent negotiations about the UK’s future relationship with the EU, the future relationship of Gibraltar with the EU and the acquis would have to form one aspect of those considerations.
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Gibraltar is not a party to the whole of the EU acquis. For example, it is not part of the single European market for the free transit of goods. As I promised in Committee, I have consulted the Chief Minister of Gibraltar about his Government’s wishes, and he has advised me that they wish the franchise for this proposed referendum to be extended to the citizens of Gibraltar. Having taken advice, I am confident that the wording of my hon. Friend’s new clause would give proper effect to that wish by enfranchising Gibraltarians.
Hon. Members have asked about subsections (2) and (3) of new clause 1. To some extent, my hon. Friend the Member for Cheltenham answered this point by saying that they were designed to make it clear that the underlying constitutional order, expressed in the 2006 Gibraltar constitution, remained untouched. Under current arrangements, the franchise for European parliamentary elections in Gibraltar is determined by an Act of the Gibraltarian Parliament and Government, rather than by this House. In this case, however, the new clause proposes that the UK Parliament set the terms of a franchise that, for the purposes of this referendum, would include Gibraltar. For that reason, subsections (2) and (3) make it clear that despite this particular instance, that underlying constitutional relationship—the 2006 constitution gives far-reaching internal powers of self-government to the elected Administration in Gibraltar—remains undisturbed.