British MPs to pose water issue questions in Parliament

(Gibraltar Chronicle) Two British MPs with close links to Gibraltar have tabled a series of questions in the House of Commons to ask the UK Government about the row over Gibraltar’s territorial waters.
Labour MP Lindsay Hoyle, a regular visitor to the Rock, asked the government what representations it had made to the European Commission following its decision to approve a Spanish nature designation within British waters off Gibraltar. In response Chris Bryant, parliamentary undersecretary at the Foreign & Commonwealth Office, restated the known British position, but added nothing new.>
“We have made representations to both the European Commission and Spain in order to object to their actions in this matter and have placed on record that the UK does not recognise the validity of the Spanish listing,” he said. “We object that Spain should have sought to have an area of British Gibraltar waters and that this listing should have been approved. The UK is the only State competent to propose a site of Community importance within [the waters].”

Conservative MP Andrew Rosindell, who is also a regular visitor to Gibraltar, was told in response to two separate questions that British officials remained in close contact on this issue with the Gibraltar Government. Mr Bryant told the Tory MP that, despite the row over the nature site, the UK, Spain and Gibraltar remained committed to improving environmental cooperation within the framework of the trilateral forum. But he left little doubt as to what the British position was in respect of the listing.

“The UK does not recognise the validity of the listing of a Site of Community Importance in British Gibraltar Territorial Waters by Spain since the UK is the only member state competent to propose a site covering [the waters],” Mr Bryant said. We are fully confident of the United Kingdom’s sovereignty of British Gibraltar Territorial Waters.” In his answers, Mr Bryant made no reference to the fact that the Commission has included the contentious Spanish designation in an updated list of EU nature sites that is due to be approved in the coming weeks.

The Gibraltar Government wants the UK to mount its own legal challenge against this second listing. The UK missed the deadline to challenge the first listing, but is supporting Gibraltar in its own case before the European court. But Brussels will challenge Gibraltar’s case on the grounds that only Britain has the jurisdiction to bring such a case to court, which is why the Gibraltar Government believes it is vital for the UK to take that step.

This point has been highlighted several times by Chief Minister Peter Caruana, most recently in his New Year speech earlier this week. “Under EU procedures there will soon be a new opportunity for the UK to bring its own, separate legal challenge, and it is absolutely vital that it does so because Spain and the EU Commission are challenging our right to bring our own action, and if they succeed then our legal case will fail before it even gets heard in court,” Mr Caruana said. “The UK and Gibraltar would be protected from this very serious position if the UK starts its own direct legal case. It must therefore do so.”

British officials told the Chronicle over the Christmas period that the matter was still under consideration and that a decision would not be known for some weeks.