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The European Union (Referendum) Act 2016 was an Act of the
Gibraltar Parliament The Gibraltar Parliament is the legislature of the British overseas territory of Gibraltar. Between 1969 and 2006, it was called the Gibraltar House of Assembly. Functions The House of Assembly, set up under the 1969 constitution, was a uni ...
, which implements the United Kingdom's European Union Referendum Act 2015 in
Gibraltar ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...
. 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 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
in 1973 and was the first time that any
British Overseas Territory The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Br ...
had participated in a UK-wide referendum. The Act commenced on 26 January 2016, and received assent from the
Governor of Gibraltar The governor of Gibraltar is the representative of the British monarch in the British overseas territory of Gibraltar. The governor is appointed by the monarch on the advice of the British government. The role of the governor is to act as the ...
on 28 January 2016.


Origin

On 1 January 1973,
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along with the rest of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
joined what was then known as the
European Communities The European Communities (EC) were three international organizations that were governed by the same set of institutions. These were the European Coal and Steel Community (ECSC), the European Atomic Energy Community (EAEC or Euratom), and the ...
(EC), the main component of which was known as the
European Economic Community The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lis ...
(EEC), but all collectively known informally but commonly and generally in the United Kingdom as the ''Common Market'' which later became the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
. 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 , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
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 The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
which allowed Gibraltar to formally take part in the
2004 European Parliament election The 2004 European Parliament election was held between 10 and 13 June 2004 in the 25 member states of the European Union, using varying election days according to local custom. The European Parliamental parties could not be voted for, but elect ...
as part of the South West European Parliament constituency in all subsequent European elections. Following the surprise election victory by the
Conservatives Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
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 ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...
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 An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
with the result in the territory fed into the
South West England South West England, or the South West of England, is one of nine official regions of England. It consists of the counties of Bristol, Cornwall (including the Isles of Scilly), Dorset, Devon, Gloucestershire, Somerset and Wiltshire. Cities and ...
regional count area in line with
European Elections Elections to the European Parliament take place every five years by universal adult suffrage; with more than 400 million people eligible to vote, they are considered the second largest democratic elections in the world after India's. Unti ...
under the
European Parliamentary Elections Act 2002 The European Parliamentary Elections Act 2002 (c. 24) was an Act of the Parliament of the United Kingdom governing elections to the European Parliament. The Act divided the United Kingdom into various regions to which were allocated a number of ...
as the overall outcome depends on how the rest of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
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 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
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 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
with an official PPERA period where all government and public bodies in
Gibraltar ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...
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 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
are Britain Stronger in Europe who are advocating a "Remain" vote and
Vote Leave Vote Leave was a campaigning organisation that supported a "Leave" vote in the 2016 United Kingdom European Union membership referendum. On 13 April 2016 it was designated by the Electoral Commission as the official campaign in favour of leavi ...
who are advocating a "Leave" vote.


Campaign spending

Under the act and the European Union Referendum Act 2015 all political parties in
Gibraltar ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...
were limited to a maximum upper limit of £700,000.


Party policies

All the political parties and every politician within the
Gibraltar Parliament The Gibraltar Parliament is the legislature of the British overseas territory of Gibraltar. Between 1969 and 2006, it was called the Gibraltar House of Assembly. Functions The House of Assembly, set up under the 1969 constitution, was a uni ...
supported a "remain" vote during the referendum campaign.


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


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 The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national ci ...
(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 Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It li ...
or of the Republic of
Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is ge ...
. 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 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
.


Eligible voters

On Tuesday 21 June 2016 the
Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
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.


Result

The referendum result within
Gibraltar ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...
was declared early on Friday 24 June 2016 by the counting officer and Clerk to the
Gibraltar Parliament The Gibraltar Parliament is the legislature of the British overseas territory of Gibraltar. Between 1969 and 2006, it was called the Gibraltar House of Assembly. Functions The House of Assembly, set up under the 1969 constitution, was a uni ...
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 South West England, or the South West of England, is one of nine official regions of England. It consists of the counties of Bristol, Cornwall (including the Isles of Scilly), Dorset, Devon, Gloucestershire, Somerset and Wiltshire. Cities and ...
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.


Outcome

The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
overall voted by 51.9% to 48.1% to leave the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
. Despite the overwhelming vote to remain in the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
, the overseas territory of
Gibraltar ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...
would leave the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
, as it was a majority vote of the whole of the UK for "Leave". The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
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 ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_es ...
.


See also

* Effect of Brexit on Gibraltar *
European Parliamentary Elections Act 2002 The European Parliamentary Elections Act 2002 (c. 24) was an Act of the Parliament of the United Kingdom governing elections to the European Parliament. The Act divided the United Kingdom into various regions to which were allocated a number of ...
*
European Union (Amendment) Act 2008 The European Union (Amendment) Act 2008 (c. 7) was an Act of the Parliament of the United Kingdom. It gives effect in the law of the United Kingdom to the Lisbon Treaty, which was signed there by then-Prime Minister Gordon Brown on 14 December ...
* European Union Act 2011 *'' Matthews v United Kingdom'' * United Kingdom renegotiation of European Union membership, 2015–16


References

{{2016 United Kingdom European Union membership referendum Referendums in Gibraltar Gibraltar and the European Union 2016 United Kingdom European Union membership referendum 2016 elections in Gibraltar January 2016 events in Europe