Elections: Gibraltar

House of Lords written question – answered on 7th December 2010.

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Photo of Lord Ashcroft Lord Ashcroft Conservative

To ask Her Majesty's Government, further to the Written Answer by Lord McNally on 10 November (WA 79-80), whether there are any circumstances in which a Gibraltar citizen, resident in Gibraltar and eligible to vote in the European elections, would be able to participate in a United Kingdom referendum.

Photo of Lord McNally Lord McNally Deputy Leader of the House of Lords, The Minister of State, Ministry of Justice, Liberal Democrat Leader in the House of Lords

Further to my reply of 10 November, the question of who is entitled to vote in any particular referendum will be considered and determined in the light of the subject matter. The franchise for each referendum is commonly set out in the primary legislation which establishes that a referendum is to be held.

Citizens of Gibraltar are entitled to vote in European elections as part of the combined region of South West England and Gibraltar. However, for the purposes of the referendum on the Parliamentary Voting System, Gibraltarians who are resident in Gibraltar will not be entitled to vote unless they are also British citizens and are registered to vote in UK parliamentary elections as an overseas voter.

The position is different under the European Union Bill in a case where any referendum would extend to Gibraltar under the provisions of that Bill. In that case Clause 11(1)(c) of the Bill provides that the persons who can vote in Gibraltar in the referendum are the Commonwealth citizens who, on the date of the referendum, would be entitled to vote in Gibraltar at a European Parliamentary election in the UK electoral region which includes Gibraltar.

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