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Gibraltar's Draft Constitution Published
by Robert Lee, Tax-News.com, London

06 July 2006

The governments of the United Kingdom and Gibraltar have published the texts of draft documents in relation to the proposed new Constitution for Gibraltar which could pave the way for a referendum in the jurisdiction in September.

The two texts published yesterday include an Order In Council which contains the preamble to the draft constitution.

In a statement to the House of Commons, Geoff Hoon, the UK's Minister for Europe, said that the new Constitution provides for a "modern and mature relationship" between the UK and Gibraltar.

"I do not think that this description would apply to any relationship based on colonialism," he added.

Hoon stated that the Constitution confirms the right of self-determination of the Gibraltarian people, adding that the UK government recognises that the act of deciding on acceptance of the new Constitution in the forthcoming referendum will be "an exercise of the right of self-determination by the Gibraltarian people in that context."

According to Hoon, the new Constitution "does not in any way diminish British sovereignty and gives Gibraltar much greater control over its internal affairs."

The Constitution, agreed in April by then UK Foreign Secretary Jack Straw and Gibraltar's Chief Minister Peter Caruana, will see the UK retaining international responsibility for Gibraltar, including its external relations and defence, and as the Member State responsible for Gibraltar in the European Union.

Among other things, the Constitution also ensures that Human Rights provisions are fully aligned with the European Convention on Human Rights, removes the right of UK Ministers to disallow laws passed by the Gibraltar Legislature and restricts the right of the Governor to dissolve parliament.

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