Clause 11 - Power to make consequential etc provision
European Parliament (Representation) Bill
11:15 am
Mr David Heath (Somerton and Frome, Liberal Democrat)
I shall be brief as time is short. It is important that there is clarity in the legal and constitutional arrangements between the United Kingdom Parliament as a legislative body and the Gibraltar House of Assembly, which has some, but not all, the characteristics of a devolved legislation. Were it to be part of the United Kingdom devolved administration we would have a clearer idea what powers were exercised and at what level. If we were in doubt we could call in the Advocate-General to advise us. It would give substance to Advocate-General's Question Time, which it sometimes lacks. In the case of Gibraltar we have no such apparatus.
It is therefore important that before we legislate on the matter we ensure that the measure we finally approve has no possibility of being challenged as ultra vires, either in respect of the powers that we arrogate to this legislature or those maintained by the House of
Assembly and the courts in Gibraltar. There is an element of doubt, and it would be sensible if the Minister could state with greater clarity where the dividing lines lie.