On 2nd January
2007, the Gibraltar Constitution Order 2006 came into effect.
The Order restyles the House of Assembly as the Gibraltar
Parliament.
The Gibraltar Parliament
is the heart of democracy in Gibraltar and the rock foundation
of the sovereignty of the Gibraltarians, that is, “Gibraltarians”
in its widest sense since not only the indigenous but British
inhabitants are enfranchised.
The 1969 Sovereignty
Preamble remains in the new 2006 Constitution, as follows:
"Whereas
Gibraltar is part of Her Majesty’s dominions and
Her Majesty’s Government have given assurances to
the people of Gibraltar that Gibraltar will remain part
of Her Majesty’s dominions unless and until an Act
of Parliament otherwise provides, and furthermore that
Her Majesty’s Government will never enter into arrangements
under which the people of Gibraltar would pass under the
sovereignty of another state against their freely and
democratically expressed wishes".
The Gibraltar Constitution Order 2006 further states:
"And
whereas the people of Gibraltar have in a referendum held
on 30th November 2006 freely approved and accepted the Constitution
annexed to this Order which gives the people of Gibraltar
that degree of self-government which is compatible with British
sovereignty of Gibraltar and with the fact that the United
Kingdom remains fully responsible for Gibraltar’s external
relations".
The building which
houses the Parliament was erected by public subscription in
1817 by the Exchange Committee. This was the first prominent
representative body of the civilian population pursuing civil
rights in a predominantly fortress environment and it also
became the forum of petitions to the Governor. It later became
the Exchange and Commercial Library. In 1950, the Legislative
Council took up residence in the building where it remained
until its merger with the City Council in 1969, to become
the House of Assembly established by the Gibraltar Constitution
Order 1969.
Every four years,
a Register of Electors is published containing the particulars
of all persons entitled to vote. The entitlement criteria
are as follows:
A person must:
(i) be 18 years or over on the qualifying date; and
(ii) be either:
(a) a British citizen; or
(b) a British Overseas Territories citizen; or
(c) a British Overseas citizen; or
(d) a British subject under the British nationality Act 1981;
and
(iii) have lived in Gibraltar during a continuous period
of six months ending on the qualifying date; and
(iv) intend to live in Gibraltar either permanently or indefinitely.
The Gibraltar Parliament consists of:
(a) the Speaker; and
(b) at least seventeen Elected Members elected in such a
manner and in such number as may be prescribed by any law
which may prescribe a number in excess of seventeen Members
if such increase or reduction has been approved by a motion
supported by a two-thirds majority of the Members of the Parliament.
The Speaker is the only non Elected Member and is appointed
by the Parliament by resolution passed by a simple majority
of its Members and presented by the Chief Minister acting
after consultation with the Leader of the Opposition. The
Speaker has no original or casting vote. He vacates his office
on the dissolution of the Parliament.
As currently constituted the voting system allows for each
elector to exercise a maximum of ten votes.
The Governor appoints as Chief Minister the Elected Member
of the Parliament who in his judgement is most likely to command
the greatest measure of confidence among the Elected Members
of the Parliament.
The Chief Minister is also the Leader of the House and within
the provisions of the procedural Standing Orders, calls the
meetings and sets the agenda. The Standing Orders that regulate
the proceedings of the Parliament are an abridged version
of the one used in the House of Commons with variations to
suit the nature of the Parliament. However, the privileges,
the Standing Orders of the House of Commons and the Conventions
explained in Erskine May (updated text book on Parliamentary
practices at Westminster) are adopted in situations not adequately
provided for in the Standing Orders of the Parliament.
There is provision for a Leader of the Opposition who has
a special status both in the Parliament as the spokesman of
the Elected Members in Opposition and in protocol as representative
of the Opposition at official and other functions on matters
outside the Parliament.
The life of the Parliament is four years but the Chief Minister
can ask the Governor for its dissolution at any time.
Members of the
public are allowed to listen and watch the proceedings from
the “Strangers’ Gallery”. Journalists are
suitably accommodated and the proceedings are broadcast live
by Radio Gibraltar.
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