European Union (Referendum) Act 2016 (Gibraltar)

European Union (Referendum) Act 2016
Parliament of Gibraltar
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)[1]
Territorial extent Gibraltar
Date of Royal Assent 28 January 2016
(Govenor's assent,
Granted by the Governor of Gibraltar)
Date commenced 26 January 2016
Status: Spent
United Kingdom European Union membership referendum (Gibraltar)
Should the United Kingdom remain a member of the European Union or leave the European Union?
Location Gibraltar Gibraltar
Date 23 June 2016
Results
Votes %
Remain 19,322 95.91%
Leave 823 4.09%
Valid votes 20,145 99.87%
Invalid or blank votes 27 0.13%
Total votes 20,172 100.00%
Registered voters/turnout 24,119 83.64%

The European Union (Referendum) Act 2016 (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)) (known in the United Kingdom as the European Union (Referendum) Act 2016 (Gibraltar)), is an Act of the Legislature of Gibraltar also known as Gibraltar Parliament, which confirms the enactment and also implements the European Union Referendum Act 2015 (2015 c. 36) (an Act of the Parliament of the United Kingdom, known in Gibraltar as the European Union Referendum Act 2015 (United Kingdom)) in Gibraltar.[2]

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.

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 Economic Community (the Common Market) which later became the European Union. Gibraltar's accession to the EEC was determined in legislation as part of the UK's membership under the European Communities Act 1972. At the time when the territory joined it was completely isolated from the rest of the EEC as Spain did not join until January 1, 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. From 1979 until 1999 Gibraltar did not participate in any European Parliamentary Elections but in 2002 legislation was passed by the British Parliament which allowed Gibraltar to formally take part and now forms of the South West European Parliament constituency. 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 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 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

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

Position Political parties

(Gibraltar)

 Ref
Remain Gibraltar Social Democrats [3]
Gibraltar Socialist Labour Party [4]
Liberal Party of Gibraltar [4]

Referendum Question

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 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.[5] The final number of eligible voters was published after 9pm on Thursday 23 June 2016 by the Electoral Commission.[6]

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

Country Eligible voters
Gibraltar 24,117 (24,119)

Result

The referendum result within Gibraltar was declared early on Friday 24 June 2016 by the "Counting officer (CO)" Paul Martinez at the University of Gibraltar at 0040 CEST 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. Overall the United Kingdom voted narrowly by 51.9% to 48.1% to leave the European Union. Despite the overwhelming vote to remain in the European Union Gibratar will be leaving the European Union as it was a popular vote of the whole of the United Kingdom with no double majority of the UK constituent countries or Gibraltar required for a "Leave" vote.

United Kingdom European Union membership referendum, 2016 (Gibraltar)
Choice Votes %
Remain 19,322 95.9
Leave 823 4.1
Valid votes 20,145 99.87
Invalid or blank votes 27 0.13
Total votes 20,172 100.00
Registered voters and turnout 24,119 83.64

See also

References

  1. ↑ http://www.gibraltarlaws.gov.gi/articles/2016-01o.pdf
  2. ↑ "Confirmed: Gibraltar to vote in European referendum". Gibraltar Panorama. 26 May 2015. Retrieved 8 December 2015.
  3. ↑ "Feetham urges joint strategies with Govt on key issues". Gibraltar Chronicle. 19 January 2016. Retrieved 20 February 2016.
  4. 1 2 "Garcia flags constitutional reform and Brexit in New Year message". Gibraltar Chronicle. 5 January 2016. Retrieved 20 February 2016.
  5. ↑ "Provisional electorate figures published ahead of the EU referendum". Retrieved 21 June 2016.
  6. ↑ "EU Referendum results". Retrieved 13 July 2016.
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