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Constitutional Change Brings About New Laws For Gibraltar
by Jason Gorringe, Tax-News.com, London
07 March 2007

Following the acceptance of the new Constitution, the Government of Gibraltar has published the Bill for a Gibraltar Laws (General Amendment) (No1) Act 2007.

The Bill amends all legislation to delete references to the Gibraltar Council (which no longer exists), to replace references to “Ordinances” by references to “Acts”, and references to the House of Assembly by references to Gibraltar Parliament.

The Bill also eliminates references in legislation to the Financial & Development Secretary. In some cases (depending upon whether the function is policy or administrative) the new reference is to the appropriate Minister, in others it is to the new office of Financial Secretary.

The Bill also converts references to the Deputy Governor to references to various other appropriate office holders. Some references to the Attorney General (where appropriate) are changed to the Minister of Justice.

Finally, and where constitutionally appropriate, references to the “Governor” are changed to either “Government” or the appropriate Minister.

Gibraltarians last year accepted a new constitution for the jurisdiction, which the government says will give it more autonomy from the United Kingdom over its own internal affairs. In a referendum, 60.24% of those who turned out voted 'yes' to the new constitution, while 37.75% voted to reject it. 60.4% of Gibraltar's 20,061 registered voters turned out to vote.

The constitution, agreed in April by then UK Foreign Secretary Jack Straw and Gibraltar's Chief Minister Peter Caruana, and between Gibraltar's two main political parties later in the year, will see the UK retaining international responsibility for Gibraltar. However, the new constitution cedes certain powers previously in the possession of the British government to Gibraltar, and allows the jurisdiction to have its own independent judiciary.

Caruana urged Gibraltarians to vote for the new constitution, arguing that a 'Yes' vote would be "a vote for political progress, for dignity and self-government for Gibraltar".

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