European Union (Referendum) Act 2016 (Gibraltar)

Last updated

European Union (Referendum) Act 2016
Act of the Gibraltar Parliament
Coat of Arms of the Government of Gibraltar.svg
Long title An act to enable the full participation of Gibraltar in the United Kingdom’s referendum on whether it should remain a member of the European Union, and to provide for the making of subsidiary legislation in connection therewith and for matters connected thereto, including amending primary legislation by subsidiary legislation as the circumstances require.
Citation Act Number 2016-01 (Legislation Number (L.N.) 2016/034, as amended by L.N. 2016/035, L.N. 2016/082 and L.N. 2016/120)
Territorial extent Gibraltar
Dates
Royal assent 28 January 2016
(Governor's assent,
Granted by the Governor of Gibraltar)
Status: Repealed
Text of statute as originally enacted
United Kingdom European Union membership referendum (Gibraltar)
23 June 2016

Should the United Kingdom remain a member of the European Union or leave the European Union?
Results
Choice
Votes %
Remain19,32295.91%
Leave8234.09%
Valid votes20,14599.87%
Invalid or blank votes270.13%
Total votes20,172100.00%
Registered voters/turnout24,11983.64%

The European Union (Referendum) Act 2016 was an Act of the Gibraltar Parliament, which implements the United Kingdom's European Union Referendum Act 2015 in Gibraltar. [1] It was the first time a referendum has been held in Gibraltar on the issue of continued EU membership since the territory joined along with the United Kingdom in 1973 and was the first time that any British Overseas Territory had participated in a UK-wide referendum. The Act commenced on 26 January 2016, and received assent from the Governor of Gibraltar on 28 January 2016.

Origin

On 1 January 1973, Gibraltar along with the rest of the United Kingdom joined what was then known as the European Communities (EC), the main component of which was known as the European Economic Community (EEC), but all collectively known informally but commonly and generally in the United Kingdom as the Common Market which later became the European Union. Gibraltar's accession to the EC was determined in legislation as part of the UK's membership under the European Communities Act 1972. When the territory joined it was completely isolated from the rest of the EC as neighbouring Spain did not become an EC member until 1 January 1986, some thirteen years later. Gibraltar did not participate in the 1975 UK European Communities membership referendum even though the result directly impacted on its membership and didn't participate in any European Parliamentary Elections between 1979 and 1999 but in 2002 legislation was passed by the British Parliament which allowed Gibraltar to formally take part in the 2004 European Parliament election as part of the South West European Parliament constituency in all subsequent European elections. Following the surprise election victory by the Conservatives in May 2015 it was announced that Gibraltar would fully participate in the proposed referendum on continuing EU membership and this was legislated for in the European Union Referendum Act 2015.

The referendum

The act legislated for a referendum to be held in Gibraltar on whether or not to remain a member of the European Union (EU), which was a single majority vote conducted and overseen by the Electoral Commission with the result in the territory fed into the South West England regional count area in line with European Elections under the European Parliamentary Elections Act 2002 as the overall outcome depends on how the rest of the United Kingdom votes under the terms of the European Union Referendum Act 2015 and allows for a "Counting Officer (CO)" to be appointed within the territory to oversee and officiate the local count. The referendum was held on the same day as in the rest of the United Kingdom on Thursday 23 June 2016. It also gave the UK Electoral Commission the legal power and authority to oversee the referendum within the territory.

Campaign period

The act and the European Union Referendum Act 2015 legislates that the official referendum campaign period up until polling day will be of ten weeks duration (April 15 to June 23, 2016) just as it will be within the United Kingdom with an official PPERA period where all government and public bodies in Gibraltar are unable to comment or publish information specifically in regard to the referendum for a period of four weeks duration (27 May to 23 June 2016) up until polling day. During the campaign period the two lead campaign groups in Gibraltar just as they were in the United Kingdom are Britain Stronger in Europe who are advocating a "Remain" vote and Vote Leave who are advocating a "Leave" vote.

Campaign spending

Under the act and the European Union Referendum Act 2015 all political parties in Gibraltar were limited to a maximum upper limit of £700,000.

Party policies

Chief Minister of the Gibraltar Parliament Fabian Picardo led the case for a "remain" vote in Gibraltar Fabian Picardo in London (portrait).jpg
Chief Minister of the Gibraltar Parliament Fabian Picardo led the case for a "remain" vote in Gibraltar

All the political parties and every politician within the Gibraltar Parliament supported a "remain" vote during the referendum campaign.

PositionPolitical parties (Gibraltar)Ref
Remain Gibraltar Social Democrats [2]
Gibraltar Socialist Labour Party [3]
Liberal Party of Gibraltar [3]

Referendum question

A sample of the ballot paper which was used in the referendum in the United Kingdom and Gibraltar 2016 EU Referendum Ballot Paper.jpg
A sample of the ballot paper which was used in the referendum in the United Kingdom and Gibraltar

The question that appeared on ballot papers in the referendum before the electorate as set out under the act and the provisions of the European Union Referendum Act 2015 was:

Should the United Kingdom remain a member of the European Union or leave the European Union?

with the responses to the question to be (to be marked with a single (X)):

Remain a member of the European Union
Leave the European Union

Franchise

The right to vote in the referendum is defined by the legislation as limited to residents of Gibraltar who were also either Commonwealth citizens under the British Nationality Act 1948 (which include British citizens and most other British nationals), or were also citizens of the Republic of Ireland, or both.

Residents of Gibraltar who were citizens of other EU countries (other than the United Kingdom) were not allowed to vote unless they were citizens (or were also citizens) of the Republic of Ireland, of Malta or of the Republic of Cyprus.

The minimum age for voters in the referendum is 18 years, a figure in line with elections which are held in the UK. Polling Stations on the day of the referendum were open from 07:00 until 22:00 CEST (Thursday 23 June 2016) but counting did not begin until 23:00 CEST when polling stations close in the rest of the United Kingdom.

Eligible voters

On Tuesday 21 June 2016 the Electoral Commission announced the official number of eligible voters who are entitled to vote in the referendum on Thursday 23 June under the provisions of the act in Gibraltar following the closing date for registration on Thursday June 9, 2016, these figures include all Commonwealth and Irish citizens. [4] The final number of eligible voters was published after 9pm on Thursday 23 June 2016 by the Electoral Commission. [5]

The following shows both the provisional figure and the final figure in heavy bold brackets.

CountryEligible voters
Gibraltar 24,117 (24,119)

Result

The referendum result within Gibraltar was declared early on Friday 24 June 2016 by the counting officer and Clerk to the Gibraltar Parliament Paul Martinez at the University of Gibraltar at 00:40 CEST (23:40 BST) making it the first of the 382 voting areas to declare and its result was fed into the South West England regional count and then the overall national count. The result saw the single biggest "Remain" vote of all the 382 voting areas with only 4% of Gibraltarian voters opting to leave on a very high turnout of 84% with large queues reported at the Polling stations.

2016 United Kingdom European Union membership referendum
(Gibraltar)
ChoiceVotes %
Remain a member of the European Union19,32295.91
Leave the European Union8234.09
Valid votes20,14599.87
Invalid or blank votes270.13
Total votes20,172100.00
Registered voters/turnout24,11983.64

Outcome

The United Kingdom overall voted by 51.9% to 48.1% to leave the European Union. Despite the overwhelming vote to remain in the European Union, the overseas territory of Gibraltar would leave the European Union.

The United Kingdom triggered Article 50 on 29 March 2017 which included Gibraltar although the territory was not specifically mentioned in the Article 50 letter that was sent to the European Union by the UK Government.

See also

Related Research Articles

<span class="mw-page-title-main">European Communities Act 1972 (UK)</span> United Kingdom legislation

The European Communities Act 1972, also known as the ECA 1972, was an act of the Parliament of the United Kingdom which made legal provision for the accession of the United Kingdom as a member state to the three European Communities (EC) – the European Economic Community, European Atomic Energy Community (Euratom), and the European Coal and Steel Community ; the EEC and ECSC subsequently became the European Union.

<span class="mw-page-title-main">Referendums in the United Kingdom</span>

Referendums in the United Kingdom are occasionally held at a national, regional or local level. Historically, national referendums are rare due to the long-standing principle of parliamentary sovereignty. There is no constitutional requirement to hold a national referendum for any purpose or on any issue however the UK Parliament is free to legislate through an Act of Parliament for a referendum to be held on any question at any time.

<span class="mw-page-title-main">1975 United Kingdom European Communities membership referendum</span>

The United Kingdom European Communities membership referendum, also known variously as the Referendum on the European Community (Common Market), the Common Market referendum and EEC membership referendum, took place under the provisions of the Referendum Act 1975 on 5 June 1975 in the United Kingdom to gauge support for the country's continued membership of the three European Communities (EC) – principally the European Economic Community (EEC, the 'Common Market'), the European Atomic Energy Community (Euratom), and the European Coal and Steel Community (ECSC). — which it had joined as a member state two-and-a-half years earlier on 1 January 1973 under the Conservative government of Edward Heath. The Labour Party's manifesto for the October 1974 general election had promised that the people would decide through the ballot box whether to remain in the EC.

<span class="mw-page-title-main">Referendums related to the European Union</span> List of referendums related to the European Union and its predecessor, the European Communities

This is a list of referendums related to the European Union, or referendums related to the European Communities, which were predecessors of the European Union. Since 1972, a total of 48 referendums have been held by EU member states, candidate states, and their territories, with several additional referendums held in countries outside the EU. The referendums have been held most commonly on the subject of whether to become a member of European Union as part of the accession process, although the EU does not require any candidate country to hold a referendum to approve membership or as part of treaty ratification. Other EU-related referendums have been held on the adoption of the euro and on participation in other EU-related policies.

<span class="mw-page-title-main">Euroscepticism in the United Kingdom</span> Criticism/Opposition to the European Union in the United Kingdom

Euroscepticism in the United Kingdom is a continuum of belief ranging from the opposition to certain political policies of the European Union to the complete opposition to the United Kingdom’s membership of the European Union. It has been a significant element in the politics of the United Kingdom (UK). A 2009 Eurobarometer survey of EU citizens showed support for membership of the EU was lowest in the United Kingdom, alongside Latvia and Hungary.

<span class="mw-page-title-main">United Kingdom–European Union relations</span> Bilateral relations

Relations between the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK) are governed, since 1 January 2021, by the EU–UK Trade and Cooperation Agreement (TCA).

<span class="mw-page-title-main">2014 European Parliament election in the United Kingdom</span> Election

The 2014 European Parliament election was the United Kingdom's component of the 2014 European Parliament election, held on Thursday 22 May 2014, coinciding with the 2014 local elections in England and Northern Ireland. In total, 73 Members of the European Parliament were elected from the United Kingdom using proportional representation. England, Scotland and Wales use a closed-list party list system of PR, while Northern Ireland used the single transferable vote (STV).

<span class="mw-page-title-main">2016 United Kingdom European Union membership referendum</span>

On 23 June 2016, a referendum, commonly referred to as the EU referendum or the Brexit referendum, took place in the United Kingdom (UK) and Gibraltar to ask the electorate whether the country should remain a member of, or leave, the European Union (EU). The referendum resulted in 51.9% of the votes cast being in favour of leaving the EU, triggering calls to begin the process of the country's withdrawal from the EU commonly termed "Brexit".

<span class="mw-page-title-main">Treaty of Accession 1972</span> 1972 treaty of Accession to the European Union

The Treaty of Accession 1972 was the international agreement which provided for the accession of Denmark, Ireland, Norway and the United Kingdom to the European Communities. Norway did not ratify the treaty after it was rejected in a referendum held in September 1972. The treaty was ratified by Denmark, Ireland and the United Kingdom who became EC member states on 1 January 1973 when the treaty entered into force. The treaty remains an integral part of the constitutional basis of the European Union.

<span class="mw-page-title-main">Brexit</span> UK withdrawal from the European Union (2020)

Brexit was the withdrawal of the United Kingdom (UK) from the European Union (EU). Following a referendum on 23 June 2016, Brexit officially took place at 23:00 GMT on 31 January 2020. The UK is the only sovereign country to have left the EU. The UK had been a member state of the EU or its predecessor, the European Communities (EC), since 1 January 1973. Following Brexit, EU law and the Court of Justice of the European Union no longer have primacy over British laws. The European Union (Withdrawal) Act 2018 retains relevant EU law as domestic law, which the UK can amend or repeal.

<span class="mw-page-title-main">Referendum Act 1975</span> United Kingdom legislation

The Referendum Act 1975 was an act of the Parliament of the United Kingdom, which made legal provision for the holding of a consultative referendum on whether the United Kingdom should remain a member of the European Communities (EC)—generally known at the time in the UK, with reference to their main component, the European Economic Community (EEC) as stipulated in the Act, also known at the time as the "Common Market". The Referendum Bill was introduced to the House of Commons by the Leader of the House of Commons and Lord President of the Council Edward Short on 26 March 1975; on its second reading on 10 April 1975, MPs voted 312–248 in favour of holding the referendum—which came the day after they voted to stay in the European Communities on the new terms set out in the renegotiation.

<span class="mw-page-title-main">European Union Referendum Act 2015</span> United Kingdom legislation

The European Union Referendum Act 2015 was an Act of the Parliament of the United Kingdom that made legal provision for a consultative referendum to be held in the United Kingdom and Gibraltar, on whether it should remain a member state of the European Union or leave the bloc altogether. The Bill was introduced to the House of Commons by Philip Hammond, Foreign Secretary on 28 May 2015. Two weeks later, the second reading of the Bill was supported by MPs from all parties except the SNP; the Bill subsequently passed on its third reading in the Commons on 7 September 2015. It was approved by the House of Lords on 14 December 2015, and given Royal Assent on 17 December 2015. The Act came partly into force on the same day and came into full legal force on 1 February 2016.

<span class="mw-page-title-main">Opinion polling for the United Kingdom European Union membership referendum</span>

The referendum on EU membership took place on 23 June 2016. Opinion polling for the United Kingdom European Union membership referendum was ongoing in the months between the announcement of a referendum and the referendum polling day. Polls on the general principle of the UK's membership of the European Union were carried out for a number of years prior to the referendum. Opinion polls of voters in general tended to show roughly equal proportions in favour of remaining and leaving. Polls of business leaders, scientists, and lawyers showed majorities in favour of remaining. Among non-British citizens in other EU member states, polling suggested that a majority were in favour of the UK remaining in the EU in principle, but that a similarly sized majority believed that if the UK were only able to remain in the EU on renegotiated terms then it should leave.

<span class="mw-page-title-main">Campaigning in the 2016 United Kingdom European Union membership referendum</span> Public outreach by politicians in the lead-up to Brexit

Campaigning in the United Kingdom European Union membership referendum began unofficially on 20 February 2016 when Prime Minister David Cameron formally announced under the terms of the European Union Referendum Act 2015 that a referendum would be held on the issue of the United Kingdom's membership of the European Union. The official campaign period for the 2016 referendum ran from 15 April 2016 until the day of the poll on 23 June 2016.

<span class="mw-page-title-main">Results of the 2016 United Kingdom European Union membership referendum</span> The title literally just tells you

The 2016 United Kingdom European Union membership referendum took place in the United Kingdom and Gibraltar on 23 June 2016. Membership of the European Union had been a topic of political debate in the United Kingdom since the country joined the European Communities in 1973. This referendum was conducted very differently from the European Communities membership referendum in 1975; a more localised and regionalised counting procedure was used, and the ballot was overseen by the Electoral Commission, a public body which did not exist at the time of the first vote. This article lists, by voting area for Great Britain and Gibraltar and by parliamentary constituency for Northern Ireland, all the results of the referendum, each ordered into national and regional sections.

<span class="mw-page-title-main">Proposed second Scottish independence referendum</span> Possible future referendum

A second referendum on the independence of Scotland from the United Kingdom (UK) has been proposed by the Scottish Government. An independence referendum was first held on 18 September 2014, with 55% voting "No" to independence. The Scottish Government stated in its white paper for independence that voting Yes was a "once in a generation opportunity to follow a different path, and choose a new and better direction for our nation". Following the "No" vote, the cross party Smith Commission proposed areas that could be devolved to the Scottish Parliament; this led to the passing of the Scotland Act 2016, formalising new devolved policy areas in time for the 2016 Scottish Parliament election campaign.

<span class="mw-page-title-main">Acts of Parliament of the United Kingdom relating to the European Communities and the European Union</span>

This is a list of current, amended, spent and repealed acts of the Parliament of the United Kingdom relating to its former membership and current relationship to the European Communities and the European Union from 1972 onwards.

The Terms of Withdrawal from EU (Referendum) Bills were a series of private member's bills of the Parliament of the United Kingdom to make provision for the holding of a second referendum in the United Kingdom and Gibraltar on whether or not to leave the European Union either before Article 50 of the Lisbon Treaty can be triggered or following the conclusion of negotiations by the Welsh Labour MP Geraint Davies. The first version of this bill was presented in the 2016–2017 session of Parliament to the House of Commons and received its first reading on 6 July 2016 but lapsed when Parliament was dissolved. The Government triggered Article 50 at the end of March 2017.

The effect of Brexit on Gibraltar concerns the status of Gibraltar after the United Kingdom's withdrawal from the European Union ("Brexit"). The UK left the EU on 31 January 2020, having formally notified the EU in March 2017 of its intention to do so. Gibraltar is not part of the UK, but unlike all other British Overseas Territories, it was a part of the European Union along with the UK. It participated in the Brexit referendum and it ceased, by default, to be a part of the EU upon the UK's withdrawal.

<span class="mw-page-title-main">United Kingdom membership of the European Union</span> Period of the United Kingdom being a member state of the European Union

The United Kingdom was a member state of the European Union (EU) and of its predecessor the European Communities (EC) – principally the European Economic Community (EEC) from 1 January 1973 until 31 January 2020. Since the foundation of the EEC, the UK had been an important neighbour and then leading member state, until Brexit ended 47 years of membership. During the UK's time as a member state two referendums were held on the issue of its membership, with the first being held on 5 June 1975, resulting in a vote to stay in the EC, and the second, held on 23 June 2016, which resulted in the vote to leave the EU.

References

  1. "Confirmed: Gibraltar to vote in European referendum". Gibraltar Panorama. 26 May 2015. Archived from the original on 20 February 2016. Retrieved 8 December 2015.
  2. "Feetham urges joint strategies with Govt on key issues". Gibraltar Chronicle . 19 January 2016. Archived from the original on 24 February 2016. Retrieved 20 February 2016.
  3. 1 2 "Garcia flags constitutional reform and Brexit in New Year message". Gibraltar Chronicle . 5 January 2016. Archived from the original on 24 February 2016. Retrieved 20 February 2016.
  4. "Provisional electorate figures published ahead of the EU referendum". Archived from the original on 23 June 2016. Retrieved 21 June 2016.
  5. "EU Referendum results". Archived from the original on 29 January 2017. Retrieved 13 July 2016.