European Union (Referendum) Act 2016 (Gibraltar)
# European Union (Referendum) Act 2016 (Gibraltar)

Part of a series of articles on :

Brexit :

Withdrawal of the United Kingdom from the European Union

Glossary of terms :

Background

European Communities Act

UK opt-outs from EU legislation

Euroscepticism in the UK

UK opinion polling on EU membership

Campaigns for a referendum

People's Pledge

Labour for a Referendum

Bloomberg speech

In or Out

2013–14 EU (Referendum) Bill (unsuccessful)

2014 European Parliament election

2014 UK Parliament by-elections

Clacton

Heywood and Middleton

Rochester and Strood

2015 UK general election

2015–16 EU membership renegotiation :

2016 EU referendum

EU Referendum Act (Gibraltar)

EU Referendum (Date of Referendum etc.) Regulations

EU Referendum (Conduct) Regulations

Issues

Endorsements

Opinion polling

UK Government pro-EU leaflet

Campaigns

Leave campaigns

Vote Leave (official)

Business for Britain

Conservatives for Britain

BeLeave

Leave.EU

Bpoplive

The Freedom Association

Better Off Out

Grassroots Out

Labour Leave

Get Britain Out

Bruges Group

Campaign for an Independent Britain

Brexit: The Movie

Remain campaigns

Britain Stronger in Europe (official)

Labour In for Britain

European Movement UK

Britain in Europe

British Influence

Business for New Europe

Nucleus

Project Fear

Outcome

Results

Causes for result

International reactions

Immediate aftermath

2016 Conservative Party election

2016 Labour Party election

2016 UKIP election

Department for Exiting the EU

Department for International Trade

Allegations of unlawful campaigning

Alleged Russian interference :

Notice of withdrawal

Article 50 process

Miller case (Article 50)

EU (Notification of Withdrawal) Act 2017

Brexit plan

Repeal Bill plan

2017 UK general election :

Negotiations

Negotiation positions

EU negotiation mandate

Chequers agreement

Timeline: 2017 · 2018 · 2019

2019 European Parliament election

2019 UK general election :

Withdrawal agreement

Brexit divorce bill

Fish for finance

Irish backstop

No-deal Brexit

Northern Ireland Protocol

Northern Ireland Protocol Bill

Windsor Framework :

Legislation

Withdrawal Act 2018 (Gibraltar)

Nuclear Safeguards Act 2018

Cooper–Letwin Act

Benn Act

2019 suspension of rebel Conservative MPs

Public Vote Bill (not passed)

Terms of Withdrawal Bills (not passed)

Scottish EU Continuity Bill (blocked)

Withdrawal Agreement Act (Gibraltar)

Scottish EU Continuity Act

Internal Market Act

EU (Future Relationship) Act

Retained EU Law (Revocation and Reform) Bill :

Impact

Impact on the Irish border

Good Friday Agreement

Impact on the EU

Economic effects

Effects on Gibraltar

Scientific cooperation

Retained EU law

2021 Jersey dispute :

EU–UK relations

Relations pre- and post-Brexit

EU–UK trade negotiation

EU–UK Trade and Cooperation Agreement (TCA)

Partnership Council

Relations with EU member states

Austria

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Bulgaria

Croatia

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Akrotiri and Dhekelia

Czech Republic

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France

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Lithuania

Malta

Netherlands

Poland

Portugal

Romania

Slovakia

Spain

Status of Gibraltar

Gibraltar–Spain border

Sweden

Conjectured EEA membership :

Opposition

Post-referendum opinion polling

New initiatives

Change Britain

More United

Open Britain

The New European

Unite to Remain

Led By Donkeys

Revoke Article 50 petition

Postcards from the 48%

Proposed second Scottish independence referendum

Calls for a second referendum

People's Vote

Britain for Europe

European Movement UK

For our Future's Sake

Healthier IN the EU

InFacts

Open Britain

Our Future Our Choice

Scientists for EU

Other organisations

Best for Britain

Bollocks to Brexit

Change UK

Liberal Democrats

Right to Vote :

Timeline Bloomberg speech Jan 2013 Referendum Bill blockedJan 2014 European Parliament election May 2014 2015 general election May 2015 Renegotiation begins Jun 2015 Referendum Act passed Dec 2015 Renegotiation concluded Feb 2016 Referendum held Jun 2016 David Cameron resigns as PM Jul 2016 Theresa May becomes PM Jul 2016 Article 50 judgement Jan 2017 Brexit plan presentedFeb 2017 Notification Act passed Mar 2017 Article 50 invoked Mar 2017 Repeal Bill plan presentedMar 2017 2017 general election Jun 2017 Brexit negotiations begin Jun 2017 Withdrawal Act passedJun 2018 Chequers plan presented Jul 2018 Withdrawal agreement plan presented July 2018 Withdrawal agreement released Nov 2018 Scottish Continuity Bill blockedDec 2018 Meaningful votes Jan–Mar 2019 Brexit delayed until 12 April Mar 2019 Cooper–Letwin Act passed Apr 2019 Brexit delayed until 31 October Apr 2019 European Parliament election May 2019 Theresa May resigns as PM Jul 2019 Boris Johnson becomes PM Jul 2019 Prorogation and annulment Aug–Sep 2019 Benn Act passed Sep 2019 Withdrawal agreement revised Oct 2019 Brexit delayed until 31 January Oct 2019 2019 general election Dec 2019 Agreement Act passed Jan 2020 UK leaves the European Union Jan 2020 Implementation period begins Jan 2020 UK–EU trade deal agreed Dec 2020 Future Relationship Act passed Dec 2020 Scottish Continuity Act passed Dec 2020 Implementation period ends Dec 2020 New EU–UK relationship begins Jan 2021 UK–EU trade deal ratified Apr 2021 Windsor Framework released Feb 2023 Windsor framework adopted Mar 2023 :

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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. 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

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

| Position | Political parties (Gibraltar) |
| - | - |
| Remain | Gibraltar Social Democrats |
| Remain | Gibraltar Socialist Labour Party |
| Remain | Liberal Party of Gibraltar |

## Referendum question

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

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 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) :

| Choice | Votes | % |
| - | - | - |
| Remain a member of the European Union | 19,322 | 95.91 |
| Leave the European Union | 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 |

## 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.

