Spanish Court challenge 'Political Spite' says Gibraltar MEP

2.53.56pm BST (GMT +0100) Tue 5th Jul 2005

Liberal Democrat MEP for Gibraltar and the South West Graham Watson has said that Spain's decision to mount a legal challenge to the inclusion of Gibraltar in the franchise for European elections owes more to political spite than to any rational examination of the issue. The case has opened in the European Court today.

In 2003 Gibraltar was combined with the South West Region of England for the purposes of European elections. This was in keeping with a judgement of the European Court of Human Rights of February 1999 against the United Kingdom which held that the exclusion of Gibraltar was in breach of the Convention of Human Rights.

"It followed a lengthy legal and political battle on the part of the people of Gibraltar for enfranchisement, during which time the Liberal Democrats at a British and European level were very supportive of Gibraltar," said Mr Watson.

The Spanish arguments are three pronged. They claim that Commonwealth citizens, who are not EU nationals, should not be able to vote in European elections in Gibraltar. Spain also maintains that only the people of Gibraltar and not the territory should have been included in the franchise. The final Spanish argument is against the manner of the enfranchisement which was done by amending British law and leaving the 1976 EC Act on Direct Elections unchanged.

Commenting on the matter Mr Watson, whose constituency now includes Gibraltar, said:

"Commonwealth nationals have always voted in European elections in the United Kingdom. All that happened in 2003 is that the same UK franchise was extended to Gibraltar. It is curious that Madrid has not raised this complaint before given that they clearly feel so strongly about it now. Moreover, it is perfectly logical that the territory of Gibraltar should be included in the franchise because the Rock has been EU territory since 1973."

Mr Watson added:

"As for the manner of the enfranchisement it should be noted that in March 1999 the relevant UK amendments to the EC Act on Direct Elections were blocked by Spain.

I am in close contact in this matter with the Leader of the Liberal Party Dr Joseph Garcia and my Liberal colleagues in Gibraltar, and will continue to campaign for democratic rights for Gibraltar's citizens." said Mr Watson.