It is for hon. Members in all parts of the House to make their own judgment on that. Given that the Minister has already spoken and has shown no sign of wanting to intervene on me to clarify the position in relation to the 1865 Act, I look forward to the hon. Member for Romford or the promoter of the Bill, when winding up the debate, giving us a little more clarity about what causes such concern that the Act needs to be added.
In my time as a Member of Parliament, I cannot remember another piece of legislation that needed provisions of the Colonial Laws Validity Act 1865 added to it. Perhaps the Minister or the Bill’s promoter could illuminate the House with details of when the Act was last used and when its provisions were last added to a Bill. In that way, some of my concerns and some of those of my hon. Friend the Member for Ilford South about the necessity or otherwise of the Act’s provisions might be addressed. The last thing we want is to over-regulate the Bill, as I fear the Minister and the hon. Member for Romford might be seeking to do.
For those in the House not familiar with the situation with regard to Gibraltar, it is, as my hon. Friend the Member for Dunfermline and West Fife made clear, a British overseas territory which has been ruled by Britain since 1713 under the terms of the treaty of Utrecht. Gibraltarians are British citizens. They elect their own representatives to the territory’s House of Assembly and our British monarch appoints a governor. Gibraltar is self-governing in all areas except defence and foreign policy, and it is home to an important British military garrison and naval base. The particular difficulty thrown up by the Bill is that should a referendum take place under the original terms of the Bill, a vote in Britain to leave the European Union could occur without the people of Gibraltar having any say at all in this huge constitutional change. The people of Gibraltar would be entirely disfranchised—ignored, in effect.
Thanks to the CBI’s work earlier this week, we know that the Prime Minister is willing to risk the possibility of a £3,000 drop in the living standards of the British people were Britain to leave the European Union. I fear
that there would be an even bigger hit to the living standards of the citizens of Gibraltar if the Prime Minister’s reckless gamble, all because his party is so divided, were not to pay off. Taking away from Gibraltarians the benefits of European Union membership without giving them any say in the matter would be a cruel act against them by this Parliament.
There is certainly precedent for the inclusion of Gibraltarians in British votes concerning Europe. As I think the hon. Member for Romford and certainly the hon. Member for Cheltenham made clear, the European Parliament (Representation) Act 2003 provides for Gibraltar to be enfranchised for elections to the European Parliament. As many hon. Members may recall, the Act required the Electoral Commission to propose a region in England and Wales with which the citizens of Gibraltar could participate in European parliamentary elections. The region chosen was the south-west. I understand that in European elections since that Act Gibraltarians have been enfranchised appropriately and have taken part enthusiastically in those elections. Indeed, they will have the opportunity to vote again with the south-west region in the upcoming European elections next May.
Given how deeply divided the Conservative party is on Europe and how little influence Tory MEPs have, I hope that Gibraltarians will vote Labour, and that they will remember that it was only because of the intervention of Labour’s Front Bench in the form of my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) and certain Back Benchers—I should give an honourable mention in dispatches to the hon. Member for Cheltenham—that their situation got any recognition at all.
After the Committee stage of the Bill had begun, my hon. Friend the Member for Wolverhampton North East wrote to the Chief Minister of Gibraltar explaining why she had tabled amendments to the Bill over the summer. The Chief Minister recently wrote back to her suggesting a slight tweak to the amendments. That is why her amendments were withdrawn earlier this week and I tabled amendment 63 to probe further the intentions of the Bill’s promoter and the Minister. I welcome the fact that, albeit very belatedly, the Bill’s promoter has tabled amendment 80. Given that the Minister for Europe has confirmed his support for that amendment, I do not intend to press my amendment to a Division.
I turn to the amendment in the name of my hon. Friend the Member for Glasgow North East. My hon. Friend the Member for Ilford South referred at some length to the amendment, too, as well as to his own similar amendment regarding the position of the citizens of Britain’s overseas territories. Britain has some 14 overseas territories encompassing a diverse range of cultures and communities across the world. They range from the tiny Pitcairn Island, with its 47 inhabitants, to Bermuda, with a population of over 62,000.
Some overseas British territories will be particularly familiar to Members in all parts of the House; others less so. The Falkland Islands, for example, is well known to many in this House and is itself very familiar with the business of referendums. At the referendum on the sovereignty of the Falkland Islands this March, 99.8% of its people voted to remain a British territory.
An astonishing turnout of 92% meant that only three votes were cast against the Falkland Islands staying with the UK. One could not then argue that Falkland islanders were disengaged with the political process. Yet should this Bill become law, the Prime Minister will be putting at risk the benefits that the Falkland islanders get through Britain’s membership of the European Union. I say again that we know from the CBI’s work this week that the Prime Minister is putting at risk more than £3,000 of every British household’s income in order to try to hold his party together.