Jack Straw
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You and I have discussed Gibraltar on a number of occasions. You have
expressed concern that any new constitution should not
undermine Spain's position in respect of the Treaty of Utrecht.
I am accordingly writing to advise you that the negotiations between
the United Kingdom and Gibraltar delegations to agree a new
Constitution for Gibraltar were concluded on Friday 17 March. The
full text of the draft Constitution will not be ready for
publication for another few weeks. It will then be put to a
referendum in Gibraltar and, if it is approved, given effect through
an Order in Council. However, I wanted to take this opportunity to
clarify certain key issues for you in the draft Constitution. These
same points will also be set out in a Despatch from myself to the
Governor at the same time that the Order in Council is given effect.
As I set out in my statement of 6 February 2004, the starting point
for the work to modernise Gibraltar's constitution was the
invitation in the 1999 White Paper (Partnership for Progress and
Prosperity: Britain and the Overseas Territories) to OT governments
to submit proposals for constitutional reform. In July 1999, the
Gibraltar House of Assembly constituted a Select Committee to
report on Constitutional reform. The Committee published its
proposals in January 2002. We formally received them in December
2003. These proposals were subsequently discussed between delegations from
the UK and Gibraltar in November/December 2004, September 2005 and
March 2006.
The new Constitution provides for a modem relationship between
Gibraltar and the UK. This Constitution does not in any way
diminish British sovereignty of Gibraltar, and the UK will retain
its full international responsibility for Gibraltar, including for
Gibraltar's external relations and defence, and as the Member State
responsible for Gibraltar in the European Union. Gibraltar will
remain listed as a British Overseas Territory in the British
Nationality Act of 1981, as amended by the British Overseas
Territory Act 2002.
As a separate territory, recognised by the United Nations and
included since 1946 in its list of non-self governing territories,
Gibraltar enjoys the individual and collective rights accorded by
the UN Charter. Her Majesty's Government therefore supports the
right of self-determination of the people of Gibraltar, promoted in
accordance with the other principles and rights of the UN Charter,
except in so far only as in the view of Her Majesty's Government,
which it has expressed in Parliament and otherwise publicly on many
occasions, Article X of the Treaty of Utrecht gives Spain the right
of refusal should Britain ever renounce Sovereignty. Thus, it is
the position of Her Majesty's Government that there is no constraint
to that right, except that independence would only be an option for
Gibraltar with Spain's consent.
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