That this House has considered the draft UK-EU Agreement on Gibraltar.
It is a pleasure to see you in the Chair, Sir John, for what I hope will be an interesting and constructive debate about the future of Gibraltar. I am delighted to be joined by the chair of the all-party parliamentary group on Gibraltar—the hon. Member for Portsmouth North (Amanda Martin)—on which I serve as the vice-chairman.
As the result of a discussion between me and the Gibraltar Government representative, who is in the Gallery, we thought it would be useful to have a fact-finding trip to Gibraltar, so that when the treaty on the future of the Rock was up for discussion, we could have one from an informed position. Two or three people who were hoping to go on the trip were unable to, but I was delighted that Baroness Butler-Sloss, the Cross-Bench peer, accompanied me, and we were also joined for one or two of the meetings by Lord James Wharton, from the upper House.
Following discussions with the Gibraltar office here in London, we put together a programme that was pretty comprehensive and gave us a good overview of the views of the local population, the business community and, of course, the politicians in Gibraltar. We had a meeting with His Excellency the Governor, which was just a courtesy call, but it is always a pleasure to meet up with him and other senior diplomats to hear how they approach the issues. I should point out that we went at our own expense, so we were independent of the Government of Gibraltar.
After we had seen the Governor, we were delighted to go to the airport and be joined by the Chief Minister, who delighted in giving us a tour of the airport. He has clearly devoted a great deal of time and effort to the arrangements that are necessary to ensure that all sides are content and, importantly, that the sovereignty of Gibraltar is maintained. We all know the long history of Spanish claims on the Rock, but that is definitely not in any way part of the treaty; sovereignty is absolute.
I can see the Minister nodding; no doubt he will confirm that later.
On our trip to the airport, the concerns about Spanish officials operating on the Rock were, to some extent, assuaged. I was delighted that we were able to receive reassurance from not just the Chief Minister but his senior officials who accompanied us on the tour of the airport. I know there have been certain concerns about Spanish officials, police and the like operating within British territory, but the arrangements that have been made mean that, to a great extent, our fears can be assuaged.
Next we visited the commander at the British base. He assured us that there is co-operation with the Spanish authorities, which is only beneficial to both sides. There is no interference in the operations of the base, and the military is content with the arrangements. The American navy had been in the port only a day or two before our visit. It was encouraging, particularly in view of the current world situation and some of the noises coming from the American Administration, that work and co-operation are continuing at a purely operational level.
There was one visit on which we heard some discontent. We walked along Main Street and called in to see a number of retailers, purely at random, and they raised some concerns. As we know, the retail sector is struggling in many countries, and Gibraltar is no exception. Interestingly enough, one of the shops we went into dealt in ceramics, and the owner imported most of his products from the UK. He pointed out that because of various impositions on the ceramics sector, the costs were rising in the UK so much that it was becoming unprofitable to operate. With the proposed taxation arrangements in Gibraltar affecting retailers, he was going to cease operations in the not-too-distant future after being in business for about 25 years. It was very sad to hear that. But on the whole, although many of the retailers were not particularly happy, they recognised the overall benefits to Gibraltar of the operations.
I congratulate the hon. Member on securing the debate. He mentioned cross-party support; does he agree that, as far as we are able to ascertain, the people of Gibraltar are glad that there is cross-party support for their position in this House, and that we must try to maintain that to ensure the safety and security of the people on the Rock of Gibraltar?
Following our meeting with the leader of the opposition, we met with Eva Wallace, who is a store manager at Morrisons. Those who know Gibraltar well will know that Morrisons is not just a key part of the retail scene there but a big business operation. Ms Wallace outlined what she described as the significant complexities that arose following Brexit, and the different but equally substantial complexities—such as labelling requirements—that will follow the treaty’s implementation. She pointed out that there would certainly be a reduction in the range of stock the store could offer. Having said that, it currently carries 20,000 different products, so I suspect most customers will not notice if that goes down to 17,000 or 18,000. Morrisons does business with Morocco, from where it gets tomatoes, and there had been problems with labelling. The store has a loyal customer base in Gibraltar, but felt that the ease of crossing the border would increase the footfall coming from Spain, for which bus trips were being arranged. The business is well established there and knows how to continue and hopefully increase footfall.
The university vice-chancellor referred to the new immigration rules, and we noted in our report that the university would closely assess their impact on its attractiveness to prospective students from around the world. Research funding had been difficult to secure since Brexit, and the vice-Chancellor hoped that that might ease with the conclusion of the treaty.
I will draw my comments to a close and allow other Members to take part. On balance, we came away with the overwhelming view that the treaty negotiations had been a success and that the final version of the treaty should be approved. It has cross-party support in Gibraltar and it would be regrettable if that were not reflected here at Westminster. I am interested to hear contributions from other Members. Having in a sense imposed problems on Gibraltar as a result of our leaving the EU, it is important that we have reached a satisfactory conclusion. We should congratulate our negotiating team, and the Chief Minister, the Deputy Chief Minister and their colleagues in Gibraltar. I know from several visits over recent years that they have worked tirelessly to achieve the treaty, which is, on balance, welcome. I hope that, as it passes through the various stages in Westminster, we are able to finalise it in the very near future.
It is a pleasure to serve under your chairmanship, Sir John, in this important debate.
For more than six years, the people of Gibraltar have lived with uncertainty. As chair of the all-party parliamentary group on Gibraltar, I have had the enormous privilege of visiting the Rock several times since Brexit. I have met businesses, politicians, officials and residents. Wherever I have gone, I have heard the same message: people want certainty, so that they can get on with their lives, grow their businesses and plan for the future.
I want to put on record my thanks to the hon. Member for Brigg and Immingham (Martin Vickers) for not only securing this debate but producing a full and thorough report, alongside Baroness Elizabeth Butler-Sloss, after their visit in May. As he noted, after years of determined negotiations we finally have an agreement that delivers certainty. I congratulate the Minister and his team on that, and I pay tribute to the Government of Gibraltar, whose steadfast commitment was instrumental in securing this outcome. I also recognise the constructive engagement of Spain and the European Union. Agreements of such significance are only possible through patience, dialogue and a shared determination to find a way forward.
This matters because every day more than 15,000 people cross the frontier to work, trade and support their families. Removing unnecessary barriers will make a real difference to people’s lives, give businesses greater certainty and confidence, and help Gibraltar look to the future with certainty. However, the practical benefits need to be seen and felt, so I would be grateful if the Minister could say a little more about when people can expect to begin seeing them.
The economic case is compelling. Gibraltar estimates that the agreement could unlock around £200 million a year for its economy, without costing the UK taxpayer a penny. The agreement is good for Gibraltar, good for British business and good for our wider economy. More importantly, it changes nothing about sovereignty. Gibraltar remains British. The treaty is clear, the Government of Gibraltar’s independent legal advice is clear, and the right of the people of Gibraltar to determine their own future remains untouched.
It is a pleasure to serve with you in the Chair, Sir John. I congratulate the hon. Member for Brigg and Immingham (Martin Vickers) on securing this important debate. Before I begin, I refer Members to my entry in the Register of Members’ Financial Interests. It was my privilege to represent the Liberal Democrats at the Gibraltar national day celebrations last year as a guest of His Majesty’s Government of Gibraltar. That visit, and my work on the Foreign Affairs Committee, gave me the opportunity to question Ministers, the Chief Minister of Gibraltar, opposition politicians and business leaders about the treaty. Those discussions made it clear that the agreement has been shaped by the priorities of Gibraltar itself.
The Brexit deal left Gibraltar in a state of limbo for years. The treaty finally resolves one of the last outstanding Brexit issues and provides Gibraltar with the certainty it has been seeking ever since the United Kingdom left the European Union. In 2016, 96% of Gibraltarians voted to remain in the European Union; they have had to live with the consequences of a Brexit that they did not vote for. This agreement is about undoing some of the damage caused by a Brexit deal that Boris Johnson called “oven-ready” but in reality was always destined for the bin.
The Chief Minister made it clear to the Foreign Affairs Committee that the single most important priority was ensuring that people who live in Spain but work in Gibraltar, particularly in the financial services and gaming sectors, could continue to cross the frontier every day without excessive delays. Without an agreement, Gibraltar would have been required to implement the full Schengen border code, and travellers would have faced European entry and exit systems and, in the future, the ETIAS—European travel information and authorisation system—digital travel authority. Those additional checks would have created significant delays, threatening Gibraltar’s competitiveness and potentially encouraging businesses to relocate. Instead, eligible travellers will enjoy fluid movement comparable with travelling between Schengen countries. Their ability to continue doing so quickly and efficiently underpins Gibraltar’s economy and the public services that Gibraltarians rely on.
It is a pleasure to serve under your chairship once again, Sir John. I thank the hon. Member for Brigg and Immingham (Martin Vickers) for securing this timely debate, and for his comprehensive report on his visit to Gibraltar. His experiences there closely match my own.
On that note, I draw attention to my entry in the Register of Members’ Financial Interests. In June last year, I had the pleasure of going to Gibraltar at the invitation of the Government of Gibraltar. While I was there, Guy Dumas, an employee of the Government of Gibraltar, showed us around, and he and I got on so well that I ended up recruiting him as my parliamentary assistant. He has provided enormous assistance with my speech for the debate, for which I am very grateful. He is flying back to Gibraltar in just over a week’s time to marry the love of his life, Holly, and I am sure we all wish them well in their marriage.
There has been one cloud—the levanter cloud, as it is known in Gibraltar—hanging over the Rock since 2016. As has already been mentioned, Gibraltar did not vote for Brexit; 96% of Gibraltarians voted to remain in the EU, but they have had to deal with the consequences. And rightly so, because they are part of the British family. After a decade of uncertainty since the referendum, a positive future is finally beginning to shine through those clouds.
Much of the focus in the lead-up to the agreement was on the key issue of sovereignty, which is completely understandable. Gibraltarians are proudly British. They have reaffirmed that in two referendums, in which 99% voted to remain part of the United Kingdom. Thankfully, as has already been stated, article 2 of the draft agreement says that the agreement is “without prejudice to” the legal positions of the UK and Spain regarding sovereignty over Gibraltar. The House of Commons Library notes that the agreement includes that term and that the Government of Gibraltar have obtained legal opinions confirming that the agreement makes no concessions over the issue of sovereignty. From an entirely legal perspective, an important box has been ticked.
It is a real pleasure to serve under your chairship, Sir John. I thank the hon. Member for Brigg and Immingham (Martin Vickers) for securing this incredibly timely and crucial debate. It is nice to see some representatives of Gibraltar in the Public Gallery, as well as one of our old friends from this House. It is good to see the Minister in his place, and I wish him well in his job. He always gives us encouragement, and he will no doubt do the same today.
When the Minister stood up in the main Chamber back in February to outline the massive 1,000-page document, I was reminded of a wise old saying that my dear mother used to repeat when I was a wee lad with black, curly hair—I had hair at one time, believe it or not. That saying was, “Once bitten, twice shy.” The hair is long gone, but the wisdom of that saying firmly remains. My mother is 94 years of age and next Tuesday, 14 July, she will be 95 if God spares her until that time. The people of Northern Ireland have been bitten hard, which is why “once bitten, twice shy” comes to mind.
I should have said that it is a real pleasure to follow the hon. Member for Leeds South West and Morley (Mark Sewards). We might be on different sides of the Chamber, but it is remarkable how much he and I agree on. If there was a party somewhere between Labour and Conservative, I think we might find ourselves in it, or maybe we will just be in both—well, he cannot be, but that is by the way.
As I said, the people of Northern Ireland have been bitten hard. We have seen what happens when the United Kingdom signs a treaty with the European Union in good faith, only to find ourselves a slave to foreign diktats, with our internal trade disrupted, our state aid hampered and our constitutional place in this great Union of Great Britain and Northern Ireland chipped away.
I have been to Gibraltar only once in my life, and that was with the armed forces parliamentary scheme. I remember that Gibraltar drips Britishness, and I mean that constructively and positively. We were encouraged to meet the Royal Gibraltar Regiment and to know that we are a part of them. There is a bit of England, Scotland, Wales and Northern Ireland in Gibraltar. It is all there, and Gibraltar is very close to our hearts.
It is a great pleasure to serve with you in the Chair, Sir John. I congratulate the hon. Member for Brigg and Immingham (Martin Vickers) on securing this important debate. I draw Members’ attention to my entry in the Register of Members’ Financial Interests. I had the great pleasure of visiting Gibraltar in July last summer, perhaps shortly before the hon. Member for Leeds South West and Morley (Mark Sewards), and, like him, I got to experience the new border control operations that will be in place. I had the great pleasure of meeting multiple representatives, who spoke positively about the experience and the way in which the United Kingdom Government had ensured that, at every single stage of the negotiation that led to the agreement, Gibraltarians were present and gave their consent.
The Liberal Democrats welcome this agreement. It achieves the objective that matters above all others: preserving British sovereignty over Gibraltar while providing a practical solution to the problems that have hung over the territory since Brexit. I spent much of my academic career—I am a recovering academic—researching borders, sovereignty and contested territories, and I have spent time in Gibraltar recently and in the past and spoken to people who live with the consequences of the treaty, so I know all too well that borders are rarely just lines on a map. They are systems for managing movement, trade and security. When those systems fail, ordinary people end up paying the price.
That is precisely what happened after Brexit. Gibraltar found itself excluded from the trade and co-operation agreement, leaving 38,000 people living with years of uncertainty. As we have heard, the people of Gibraltar did not choose that outcome. Not only have they repeatedly rejected the prospect of joint sovereignty, as they did in 2002, but they overwhelmingly voted to remain in the European Union in 2016. Whatever our views on Brexit, we should recognise that Gibraltar has spent the past six years managing the consequences of decisions that it did not participate in making.
It is a pleasure to serve under your chairmanship, Sir John. I draw the House’s attention to my entry in the Register of Members’ Financial Interests: I visited Gibraltar as a guest of the Government of Gibraltar.
I am very grateful to my hon. Friend the Member for Brigg and Immingham (Martin Vickers) for securing this important debate at a pivotal moment for Gibraltar. It is somewhat extraordinary that, although the provisional application of the UK-EU Gibraltar treaty is expected in a little more than a week’s time, Parliament has still not been afforded a meaningful opportunity to scrutinise an agreement of such significance.
Let me begin by making one thing absolutely clear: we welcome the fact that a deal has been reached. Businesses in Gibraltar and across the UK, frontier workers, and British citizens travelling to Gibraltar need certainty. Above all, Gibraltar deserves certainty about its future. This agreement helps to provide that by giving businesses, residents and those who rely on the frontier a clearer framework for the future. I am also proud of the work undertaken by the previous Conservative Government. Those negations were never straightforward, as I know from personal experience. They sought to balance Gibraltar’s prosperity with the practical realities of the frontier, our constitutional responsibilities as a sovereign power and our unwavering commitment to Gibraltar remaining British for as long as the people of Gibraltar wish.
Welcoming a treaty does not mean dispensing with scrutiny, however. On 23 April, the Government of Gibraltar confirmed that the treaty had received unanimous approval from all EU member states, and that provisional application is expected to begin on 15 July. We know, because the Government of Gibraltar have helpfully kept parliamentarians informed, that the treaty will be formally signed before then, although even now no date has been publicly confirmed. We also know that the final sections of the frontier fence will be removed on 15 July, allowing fluid movement across the land border for frontier workers, residents and visitors, before the treaty proceeds towards full ratification in the following months.
I am genuinely grateful to the hon. Member for Brigg and Immingham (Martin Vickers) for securing this debate. I pay tribute to his work as vice-chair of the all-party parliamentary group on Gibraltar, and to that of its chair, my hon. Friend the Member for Portsmouth North (Amanda Martin). I thank all right hon. and hon. Members for their contributions, which have been broadly in the spirit that I and the people and Government of Gibraltar would have hoped for: reasonable, fair scrutiny with broad support. It is important to emphasise that, because it sends a strong signal that complements the strong support of the democratically elected Parliament of Gibraltar for the draft UK-EU agreement.
I will respond to specific points as I go, but will start by paying a tribute to all those involved in the process over many years: His Majesty’s Government of Gibraltar—the Chief Minister, the Deputy Chief Minister, the Attorney General and all their officials and teams—and our teams in the Foreign, Commonwealth and Development Office, particularly the senior officials who did sterling work in taking us through the detailed process. The treaty is a big one, with many associated administrative and practical arrangements. I know there have at times been frustrations about the length of the process and the detail, but it was important to get it right. This is about the future of Gibraltar and our relationship with the EU, Gibraltar and Spain.
I also pay tribute to our friends in the EU and Spain for the constructive spirit they have shown throughout the discussions and negotiations. We have come to a conclusion that is beneficial for people, which is what we all sought to do. My hon. Friend the Member for Leeds South West and Morley (Mark Sewards) made a party political point but an important one: in the end, this was about people and businesses, their lives and their ability to move, to trade and to get on, without the uncertainty caused by Brexit.
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I have mentioned the concerns about security and so on. One of our meetings was with the chief commissioner of the police, who recognised that there are a number of issues that need what he described as “further consideration”. Having said that, when we left the meeting we felt that, on the whole, his concerns could be worked through. I am sure the Minister is well aware of them, but I would be more than happy to discuss them with him if that would be beneficial.
We then had a lunchtime meeting with the Chief Minister, the Attorney General and the Health, Care and Business Minister. It is important to stress that we had full co-operation from the Chief Minister and his Ministers during our visit, bearing in mind that we had no official standing and were merely there as representatives of the all-party group. I want to put on the record our sincere thanks to the Gibraltar representative for assisting us in making the arrangements for the visit.
In the course of the lunch with the Chief Minister, once we had dealt with the routine matters we were there to discuss, we had a very useful political discussion. It is always interesting to hear an outside politician’s views of what is happening over here in the UK. I am not entirely sure what they would make of it today, but a couple of months ago we had a fascinating discussion, mainly about whether there were concerns about the treaty across the political spectrum here in the UK. We were able to give reassurance, based on the meetings we had and knowing the views of colleagues from the all-party parliamentary group, that there would be all-party support from Westminster.
According to the report we put together, we discussed the evolving UK-EU relationship, and on the whole the direction of travel was greatly supported. We also discussed a number of the issues that were causing concern, including—if I can remember the ins and outs of it—people taking advantage of the arrangements that were being put in place. It is probably not something we need to cover today, but it is worth recording that there were some concerns about people trying to take advantage of the health services provided in Gibraltar. We also had a constructive meeting with the vice-chancellor of the university, whom we had met on previous occasions. It was interesting to receive an update on how things were progressing there.
We had an interesting meeting with Keith Azopardi, the leader of the opposition in Gibraltar, because we wanted to ensure that we received views on the treaty from across the political spectrum. He pointed out that the opposition had imposed a number of red lines in their discussions, but as Members will know, the draft treaty was eventually approved unanimously by the Gibraltarian Parliament. The leader of the opposition quite understandably pointed out his party’s concerns. As opposition parties do, it obviously wanted to carve out a position whereby if something went wrong, he would be able to say, “I told you so.” I can see Government Members smiling at that, because they have been in opposition—my party is in opposition now, and the shadow minister, my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), may point out one or two of our concerns in that respect.
Mr Azopardi expressed genuine concerns but—he will probably not thank me for saying this—in all honesty I think he was struggling to find reasons why he would have been tempted to vote against the treaty. It is important to recognise that political parties across Gibraltar have supported the treaty and feel on balance that it would be beneficial for it to be ratified.
Chief Minister Fabian Picardo said in one of his national day addresses:
“We are an integral part of the British family of Nations. And no one can or should try to untie the knot that binds us and Britain.”
Those words capture exactly what the treaty has achieved. It provides certainty for Gibraltar’s future while protecting the enduring bond between Gibraltar and the United Kingdom.
It is also important to remember that this is the agreement the people of Gibraltar wanted. It was backed by a Government elected on a mandate to deliver, approved unanimously by the Gibraltar Parliament and supported by every former Chief Minister. As we heard from the hon. Member for Brigg and Immingham, it was backed by the many stakeholders that he met during his visit in May.
Alongside the constitutional protections come real practical benefits: easier movement across the frontier, improved trading opportunities for Gibraltar businesses, and simpler travel for British and potentially European visitors. The agreement gives Gibraltar the opportunity to thrive while remaining proudly British. However, I hear the concerns that have been raised with regard to the retail sector, security, health and access to the university. Along with the Gibraltar APPG, I look forward to supporting and raising any concerns where possible with our Government.
As the Member of Parliament for Portsmouth North, I also welcome the protections for our national security. Gibraltar has stood alongside Britain for more than 300 years and remains one of our most strategically important overseas territories. The strait of Gibraltar is one of the world’s most important maritime gateways, and the ability of the United Kingdom to operate freely from the Rock is fundamental to our national security. I particularly welcome the clear guidance that the movement of UK military personnel and equipment will not be impeded. That was an essential principle throughout the negotiations and I am pleased to see it so very clearly protected. National security is the first priority of any Government, so I would welcome anything the Minister can say about how those defence interests were protected throughout the negotiations and the close work undertaken across Government to secure that outcome.
The agreement is about more than protecting and resolving the legacy of Brexit. It gives Gibraltar certainty, protects sovereignty, strengthens our security and creates the conditions for long-term prosperity. For generations, Gibraltarians have shown extraordinary loyalty to the United Kingdom, and the United Kingdom has stood firmly with Gibraltar. The treaty honours that relationship, safeguards its future and allows Gibraltar to look ahead with confidence. As the chair of the Gibraltar APPG, I warmly welcome it.
But this deal is about more than economics. The Chief Minister reminded the Foreign Affairs Committee that Gibraltar and the surrounding Campo de Gibraltar are communities bound together by families, friendship and shared history. During the closure of the frontier between 1969 and 1982, families were physically separated, forced to wave to one another across a closed border. Nobody wants a future resembling that painful past.
This agreement protects the everyday relationships that exist across the frontier for work, family, education and leisure, and allows those connections to continue. Approximately 96% of Gibraltarian goods arrive through the land frontier with Spain. After Brexit, sanitary and phytosanitary barriers made importing fresh British food significantly more difficult, with products even requiring air freighting during the Christmas period. This treaty offers businesses the certainty they need. Essential food products will be zero-rated under a new transactions tax, and there will be reduced rates on other essential goods.
The Chief Minister also made it clear that Gibraltar rejected any “freedom of establishment” in the treaty. Gibraltar is home to about 38,000 people living within approximately 2.5 square miles; it was never the intention to create unrestricted rights of establishment across a bloc of approximately 480 million people. Instead, the agreement focuses on facilitating movement across the frontier while preserving Gibraltar’s own immigration rules.
Perhaps the greatest misconception about the treaty concerns sovereignty. The Government of Gibraltar state that there are no sovereignty concessions. The British Government state that sovereignty was never on the negotiating table. Article 2 explicitly preserves the position of both the UK and Spain on sovereignty and jurisdiction. Three independent legal opinions commissioned by the Government of Gibraltar conclude unequivocally that the treaty makes no concessions whatsoever to Spain or the European Union.
The agreement also protects Britain’s strategic interests. The operational autonomy of the military base remains entirely unaffected. Protecting unrestricted military access was a red line throughout negotiations, supported fully by the Ministry of Defence and the Defence Secretary. In the highly unlikely event that Spain should ever seek to terminate the agreement, it cannot do so unilaterally. Under article 66, termination would require a qualified majority among European Union member states followed by action by the European Commission. That provides important legal certainty for Gibraltar’s future.
I want to say something briefly about the wider UK-EU relationship. Gibraltar demonstrates something important: where the UK and the EU work together pragmatically, solutions can be found that benefit everyone. It shows that close co-operation with our European neighbours delivers tangible benefits. Britain’s long-term future should lie at the heart of Europe, because our economy, our security and our young people’s opportunities are stronger when we work alongside our closest neighbour and ally.
I praise those who made this agreement possible. Officials from the Foreign, Commonwealth and Development Office, Ministers, the Governor’s Office, His Majesty’s Government of Gibraltar, the European Commission and Spain have spent many years negotiating what the Minister has rightly described as a practical and lasting solution. This treaty will protect Gibraltar’s economy, safeguard British sovereignty, preserve military interests, strengthen regional stability and, above all, respect the democratic wishes of the Gibraltarian people.
I will focus my remarks on a different principle: Gibraltar’s right to self-determination and the democratic will of its people and its elected Government. My visit to Gibraltar last year began with an unexpected detour. As anyone who has visited will know, the mile-long runway, combined with the strong winds across it, means that planes often cannot land and have to take a detour to Málaga. That was my experience, too.
That meant I had to enter Gibraltar via the land border, which is a routine experience for everybody living on the Rock and the surrounding area. Thankfully, I did not experience a particularly long queue to cross from Spain into Gibraltar, but I know that is not always the case. There are over 15,000 cross-frontier workers in Gibraltar, and that border is the only land entry point into Gibraltar. Delays of minutes can quickly become hours, and those hours are taken away from time with family or time at work. With this agreement, the routine passport checks that have caused those queues will come to an end. The agreement is intended to ensure that the free circulation of people and goods continues, and it removes those physical barriers at the border. As a Labour MP, I welcome any agreement that improves the lives of working people.
During my visit, I met Gibraltarian Government Ministers, the chamber of commerce and the Federation of Small Businesses. I spoke with businesses, just as the hon. Member for Brigg and Immingham described, and with many others. At that point, the agreement had not been announced—it was announced a few days later—but they all spoke about the implications of any potential agreement. They also spoke about Gibraltar’s turbulent history, with Spain being a factor. Their feelings were definitely mixed. There was a mix of hope and anxiety, and there was an acceptance of the reality facing them. There was anxiety among the business community about the effects that new tax arrangements might have on their businesses.
The controlled border, while frustrating in the way I described, provided a sense of security, and some worried that removing those routine checks could affect crime on what is a very peaceful peninsula. They also acknowledged that the alternative to the agreement is a hard border. Some of the people I spoke to had lived through the closed frontier years of 1969 to 1985. They did not have to imagine what a no-deal outcome would look like, because they had already lived through it, and they were cautioning me and the people I was with against it.
What struck me was that there is both a passion for their home and a practical approach to the reality they face. I remember speaking to one of our drivers during the visit. We discussed the agreement, and although he had concerns—the ones I have set out—he was very practical. He told me that he crosses into Spain every single weekend and that if the agreement would make that easier and save him hours of queuing, then he was all for it.
Gibraltarians are a thoughtful and politically minded people. I know that because I am pleased to be a member—a secret member—of the “Speak Freely” Facebook group. I hope they do not kick me out after that declaration, especially as I am not a resident of Gibraltar, but it has been wonderful to follow the political discussions. I have no doubt that some of that political awareness comes as a result of years of vigilance with a neighbour that claims sovereignty over their Rock. The visit left me in no doubt that while Westminster scrutiny is absolutely valid and welcome, and while we have to ratify treaties here, it should not override the wishes of the people of Gibraltar.
The UK, the EU, Spain and Gibraltar announced the political agreement days after my visit, and the draft agreement was published this February. Gibraltar’s Parliament subsequently passed a motion supporting ratification. Every single one of its 17 Members voted in favour of ratification—that is the kind of consensus we can only dream of in this place. There can be no doubt that the agreement has democratic legitimacy from the Government of Gibraltar.
I recognise the desire of Members, who no doubt have the interests of the Gibraltarian people in mind, to scrutinise the agreement to the fullest. The UK has a constitutional duty towards Gibraltar, even though Gibraltar is almost entirely self-governing, but if the agreement commands the support of Gibraltar’s elected Government and every single Member of its Parliament, we must give considerable weight to that democratic judgment. Our Parliament can and should scrutinise, but it should not substitute its own judgment for the democratic will of Gibraltar, particularly when the agreement protects sovereignty and military autonomy.
I want to say a word on military autonomy. Gibraltar continues to play a key strategic military role. Defence is one of the United Kingdom’s reserved constitutional responsibilities, so I fully understand why Parliament must carefully scrutinise that aspect of any agreement, but here, too, a very important box has been ticked. The UK military base is not affected by the agreement, and those are not my words; they are the words of the outgoing commander of the British forces in Gibraltar, Commodore Tom Guy, who said that the agreement is positive from a military perspective because it protects the key principle of “military autonomy”, and our armed forces will
“continue to operate to, through and from Gibraltar unhindered”.
Under the Constitutional Reform and Governance Act 2010, treaties must be laid before Parliament before ratification, but the political principle, I hope, is clear: the power to decide Gibraltar’s future should rest with the people of Gibraltar. Our Government and Parliament should respect their wishes.
I have only two questions for the Minister, who I know is very highly regarded on the Rock. Can he confirm to the House and to the Gibraltarian people that there will be a legally binding mechanism to ensure that no UK Government will be able to withdraw from the agreement without Gibraltar’s consent? In a similar vein, can he confirm that no future UK Government will be able to block Gibraltar from withdrawing from the agreement if it is the democratically expressed will of the Gibraltarian people? That would be the strongest way to ensure that Gibraltar continues to control its own future.
Next week, the levanter cloud over the Rock may finally begin to lift. Gibraltar may feel different, but British sovereignty has been protected, and military autonomy is completely unchanged. Now it should be the Gibraltarians who determine their future in accordance with the principle of self-determination.
When I look across the water at our loyal, steadfast fellow Brits on the Rock of Gibraltar, I do so with an eye of deep caution. I will make my point constructively and respectfully to the Minister. He knows I am very fond of him; in fact, we all are. In the past, he has reassured us that the agreement will bring “fluid” borders. He told us that it will boost the economy, eliminate long queues and align import duties so that ordinary people can do their daily shopping without a mountain of paperwork.
I do not doubt the good intentions of the Government and of the Minister in particular. The Chief Minister of Gibraltar and his Parliament have worked tirelessly, and they have even asked for a referendum on the final text to let the people have their democratic say. I praise them for that, and I thank them for all they have constructively done to try to find a way forward that protects them. We want to protect them as well.
We must look at the fine print of these 1,000 pages. The treaty proposes a hybrid governance model. It pulls Gibraltar into the Schengen area and places it under significant levels of EU law. We are talking about dual border control checks at Gibraltar airport, involving not just Gibraltarian officials but Spanish officials having their way on British territory, which concerns me.
What real safeguards do we have? If the European Court of Justice is given the final say on the interpretation of these laws, as I understand it will, how can we truly look the people of Gibraltar in the eye and say that their British sovereignty is uncompromised? That is the question. We cannot allow Spain to use the European Union’s legal machinery to slowly strangle the Rock’s independence and British identity, just as the Northern Ireland protocol attempted to separate my Strangford constituency and Northern Ireland from the rest of Great Britain.
The people of Gibraltar are fiercely, proudly and unapologetically British. Over the years, they rejected joint sovereignty by almost 99% in two separate referendums. That is the sort of election result we all need, and what encouragement it would be if it were to happen. They fly the Union Jack with a pride that matches any town or village in my constituency. I put up my Union flag over the weekend, as it is a special occasion with 12 July coming up—we always have it in place at this time of year.
Gibraltarians have stood by the United Kingdom through thick and thin. Their strategic military base remains a vital asset for NATO and the defence of the realm. The Rock, by its nature, conveys strength. When I was there with the armed forces parliamentary scheme we had the opportunity to go through some of the tunnels in the rock, and I can understand why it is a bastion of military strength.
While the treaty moves towards formal signature and parliamentary ratification under the CRaG process, I urge the Government not to rush this. Examine the treaty line by line and listen to the community’s concerns. I am a man of Scripture, as I know you and many others in the House are, Sir John. Psalm 62 says:
“He only is my rock and my salvation, my fortress; I shall not be…shaken.”
The Rock of Gibraltar is that very place; it stands firm and will not be shaken. We must stand steadfast and ensure that the United Kingdom’s sovereignty over Gibraltar is not just a symbolic phrase written on a piece of paper to save face, but a practical, iron-clad reality on the ground. Let us not make the same mistake twice; let us protect the Rock, its people and our great United Kingdom of Great Britain and Northern Ireland.
The treaty reflects one of the oldest truths in geopolitics: geography cannot be wished away. Gibraltar is politically British, geographically Iberian and economically dependent on the daily movement of people across the frontier. Good statecraft—of which these proposals are an example—reconciles those realities, rather than pretending that we can override them. The treaty deserves support—albeit not uncritical support—because it starts from the correct constitutional principle, which is that the freely expressed wishes of the people of Gibraltar are paramount.
That principle is reflected in the agreement. Article 2 contains what many legal experts have described as the strongest “without prejudice” sovereignty clause ever included in an EU agreement relating to Gibraltar. Three independent KCs have concluded that the treaty makes no concession whatsoever on sovereignty. That legal certainty matters for all the reasons that the hon. Member for Strangford (Jim Shannon) outlined. That is why the agreement enjoys such strong unilateral support from Gibraltar’s Chief Minister and other representatives in the Parliament. Gibraltar’s Parliament and all three living former Chief Ministers agree that this is an appropriate deal. That consensus is highly unusual—Westminster might take note.
The agreement is equally clear on defence. The MOD has confirmed that the UK retains full freedom to operate from Gibraltar. British military capabilities remain sovereign and unconstrained, with Spain unable to impede British personnel or equipment. At a time of growing geopolitical instability across Europe and the Mediterranean, preserving Gibraltar’s strategic role in NATO is essential.
However, the possession and preservation of sovereignty alone is not enough. Sovereignty must also work—it must be practical. We have heard observations today not only about Gibraltar’s strategic importance, but about the sheer intensity of everyday cross-border movement: 15,500 people cross the frontier every single day. Those people staff Gibraltar’s hospitals, restaurants, financial services, construction industry and public services. Almost all food and medicines arrive in Gibraltar by road through Spain. That is why a functioning border is not just a convenience but an economic necessity. Gibraltarians understand better than most what happens when borders cease to function. Many have spoken to me about their recollections of the years after 1969, when the Spain frontier was closed, severing families, disrupting livelihoods and isolating Gibraltar economically and politically.
Even after that frontier fully reopened in 1985, political tensions have, at times, caused lengthy queues and disruption at the crossing. I have waited in those queues at various times. Gibraltar endured them for years, but its economy today is very different from the economy of the past. Thousands of workers now cross that frontier every day to sustain its economy and public services, which is precisely why this agreement matters so much.
The treaty has become even more necessary because Europe itself is changing the way its borders operate. The EU entry/exit system requires biometric registration of third-country nationals entering the Schengen area. That may work tolerably at airports—actually, I am not sure that it does, given the words of the chief executive of Aeroporti di Roma this week—but at one of Europe’s busiest land borders, it risks creating queues measured not in minutes but in hours.
Had this been left unresolved, Gibraltar would have faced severe disruption through no fault of its own. The agreement prevents that outcome and removes routine immigration and customs checks at the land frontier while keeping Gibraltar outside of the Schengen area. Gibraltar retains its own immigration laws and authorities. At Gibraltar international airport, British immigration controls will be carried out by Gibraltar officials before a Schengen check under the agreed arrangements. Spain has no unilateral power to refuse entry.
Equally important are the safeguards for Gibraltarians. Residents and Gibraltar identity card holders cannot be refused entry into Gibraltar, detained under those arrangements or subject to the EES or ETIAS systems. Those guarantees are practical expressions of sovereignty. The economic benefits are also equally significant. Without an agreement, Gibraltar faces prolonged uncertainty and significant economic harm. With the agreement, estimates suggest about £200 million could be added annually to Gibraltar’s economy—that is about 6% of its GDP—while boosting investment and confidence at no additional cost to the UK taxpayer.
The agreement also creates opportunities beyond the land frontier. Direct air services between Gibraltar and European destinations could strengthen tourism and economic connectivity. With more than 9.4 million visitors entering Gibraltar annually across the border, compared with around 184,000 by air, smoother movement would benefit Gibraltar’s economy while reducing friction for communities on both sides of the frontier.
Concerns have understandably been raised about the Schengen 90/180-day rule for air arrivals. However, it is worth saying that visitors stay on average just 3.4 days in Gibraltar—a small fraction of the 90-day allowance—and many already continue into Spain and use part of that allowance there. For most travellers the practical impact is therefore likely to be minimal. There are, however, still issues that deserve scrutiny.
Will the Minister clarify precisely how the Schengen 90/180-day rule will apply to British citizens spending time in Gibraltar? It is important that we avoid creating constitutional tests that have never existed elsewhere in the British family of overseas territories and Crown dependencies, with which the United Kingdom has never operated unrestricted freedom of movement. Territories such as the Falklands—as I know all too well—have long maintained their own immigration laws and entry requirements, reflecting their distinct constitutional status and circumstances. Gibraltar has likewise always controlled its immigration arrangements.
The question is therefore not whether Gibraltar should have border controls, but whether those controls serve Gibraltar’s interests while fully preserving British sovereignty. Notwithstanding the clarification that I just sought from the Minister, the treaty strikes that balance. Implementation must be undertaken in close co-operation and partnership with Gibraltar’s Government and its business community. Ultimately, this agreement will be judged by whether the borders work smoothly for those who depend on it every day.
Gibraltar illustrates a wider truth about Brexit. Like the Windsor framework, this agreement is an intelligent and pragmatic attempt to solve problems that Brexit created. Geography has not changed—Gibraltar remains politically British while being physically connected to the European continent, and good diplomacy recognises both those realities—but we cannot continue to resolve the consequences of Brexit one border at a time. I contend that the United Kingdom needs a broader reset with our European colleagues.
If I may be so bold, I suggest a growth and defence partnership with our European neighbours—something I have spent a lot of time trying to fashion over the past few months. That would involve entry into the single market and a relationship with the EU’s customs union, which would restore and revive our relationship and solve many of the challenges that we have spoken about in the debate. I welcome this agreement, which protects sovereignty, Gibraltar’s economy and British strategic interests, and, above all, respects the wishes of the people of Gibraltar.
Those are constitutional, economic and practical developments of huge significance, yet it has been the Government of Gibraltar, rather than His Majesty’s Government, who have kept Parliament involved as events have unfolded. That should concern every Member of this House, regardless of their party, because Ministers are accountable to this Parliament for United Kingdom treaty obligations. Since the agreement was announced, Members of both Houses have had to rely on urgent questions, oral questions and written parliamentary questions simply to establish the Government’s intentions. I know that the Minister is aware of that.
When the draft treaty was published on 26 February, the Minister assured the House that the Government welcome scrutiny, but the answers that we have received have too often amounted to little more than references to previous statements or generic replies that fail to engage with the substance of the questions being asked. That is not meaningful scrutiny, and it is not how Parliament should be treated.
The question before us is no longer whether there should be a treaty; it is whether Parliament will be permitted to scrutinise it properly before it takes effect. The Government have repeatedly said that they are committed to transparency and respect for Parliament. If that commitment means anything, it must surely apply to a treaty of this constitutional significance.
We are now only days away from provisional application, and fundamental questions remain unanswered. Parliament still does not know when the treaty will be signed, when it will be laid before Parliament under the Constitutional Reform and Governance Act 2010, whether elements of the agreement will begin operating before Parliament has completed its scrutiny, and what opportunities Members will have to debate it further. These are not procedural technicalities. The CRaG exists because Parliament recognised that international treaties should be subject to democratic scrutiny before they bind the UK. If substantial parts of the treaty are allowed to take effect before Parliament has had a meaningful opportunity to consider it, many will understandably question what practical value that scrutiny is intended to have.
For those reasons, I hope the Minister will answer some straightforward questions today. Will the Government commit to providing time for a full, substantive debate on the treaty in both Houses before provisional application begins? When precisely do Ministers intend to lay the treaty before Parliament under CRaG? What assessment have the Government made of the constitutional implications of allowing provisional application before Parliament has completed its scrutiny under that Act? Do Ministers genuinely believe that the standard 21-day scrutiny period is sufficient for an agreement of this constitutional, economic and strategic importance? I believe those are reasonable questions that parliamentarians should not have to drag out of the Government.
This debate is about more than process. As we have heard, companies involved in cross-border trade need certainty and clarity about customs arrangements, regulatory compliance and border procedures. Ministers have spoken about the opportunities the agreement presents, but opportunities must be matched by preparedness. Businesses cannot prepare for new arrangements if Government guidance does not arrive until implementation is already under way, and Parliament cannot properly represent those affected if Ministers do not provide the information necessary for proper scrutiny.
The Government should therefore answer some practical questions today. Can the Minister explain in clear terms whether any new checks, controls or administrative procedures will govern the movement of British troops or military equipment to and from the military base? Given Gibraltar’s strategic importance, Members will rightly wish to understand exactly what arrangements are envisaged. Will the Government set out the precise process by which British goods will enter Gibraltar under the new arrangements, whether by land, sea or air, and explain how they differ from the arrangements that businesses operate under today? What engagement have the Government had, both before and since the treaty was announced, with British businesses that export or import goods into Gibraltar? What assessment have Ministers made of the readiness of those businesses for implementation, and what support is being provided?
The Government have spoken confidently about the benefits of closer co-operation with Spain, but what contingency plans are in place should Spain seek to create difficulties or exert pressure once the frontier fence has been removed? Gibraltar’s scrutiny and prosperity should never depend on good will alone. The Minister should also explain the rationale behind the governance arrangements for Gibraltar airport in the treaty, including the proposed operating structure, and why Ministers believe those arrangements are in Gibraltar’s long-term interests. What discussions have His Majesty’s Government had with the Government of Gibraltar regarding the parliamentary lock that the Gibraltar Parliament has indicated it wishes to have over implementation of the treaty? How do Ministers intend to respect Gibraltar’s democratic institutions as the agreement process progresses?
I would like to place on the record my appreciation for a significant recent development. The Government of Gibraltar have announced that Gibraltar has been removed from Spain’s list of non-co-operative jurisdictions, bringing to an end a designation that had remained in place since 1991. That is undoubtedly welcome news, and it represents another positive step in strengthening Gibraltar’s international standing. Once again, however, many Members first learned of that through media reports rather than from the Government. Gibraltar occupies a unique constitutional position, and the UK retains responsibility for its external relations. It is therefore entirely reasonable for Parliament to expect timely information from our Government on developments of such significance.
No one in this House wishes to see unnecessary delay or to undermine the progress that has been made. However, supporting Gibraltar and scrutinising the Government are not competing objectives; they are complementary responsibilities. I hope the Minister will use this debate not simply to repeat previous statements, but to provide the timetable for scrutiny that Parliament has been seeking for many months. Please tell us, Minister, when the treaty will be signed, when it will be laid before Parliament, what opportunities Members will have to debate and vote on it and why the Government believe that Parliament should be expected to scrutinise a treaty only after key parts of it have already begun to take effect.
Again, I am grateful to my hon. Friend the Member for Brigg and Immingham for securing this important debate, which has provided an opportunity to discuss the treaty. But as I have set out, this debate should not take the place of the vital, detailed scrutiny of the treaty that this place deserves. I await the Government’s setting out the detail; now is the Minister’s opportunity to do so. If the Government are confident that the treaty commands support, they should be confident enough to subject it to full parliamentary scrutiny before its provisions take effect.
Gibraltar was not included in the EU-UK trade and co-operation agreement that was negotiated by the previous Government following the UK’s departure from the EU. That meant serious uncertainty for the people and businesses of Gibraltar, which is why we have worked together to find a practical and lasting solution that protects Gibraltar’s economy and way of life for the long term, while crucially safeguarding our sovereignty.
We had previously reached the provisional and political agreements, and have been involved in the detailed process for some time. We have now achieved an agreement that ensures the free circulation of people and goods between Gibraltar and the EU by removing the physical barriers on the border between Gibraltar and Spain. I cannot overemphasise the importance of that, not least because of what the people of Gibraltar went through for so many years. That will mean jobs, investment and stability, not just for Gibraltar but—it is important to emphasise—for the whole region. That involves EU Schengen area rules relating to border checks being applied in Gibraltar and a customs union being established between the EU and Gibraltar. That will bring certainty to the territory.
Let me turn first to some of the questions about scrutiny; I will answer the questions from the shadow Minister, the right hon. Member for Aldridge-Brownhills (Wendy Morton), in detail in due course. The CRaG Act 2010 gives statutory form to long-standing constitutional conventions on the scrutiny of treaties and is the process we are legally obliged to follow to ratify treaties. Despite the very particular approach of the CRaG system, transparency has been at the heart of our approach. I gently rebuff some of shadow Minister’s comments, because we published the draft text of the agreement on 26 February, and I gave an oral statement to the House on the same day. We have had this debate today and I have appeared before Committees and answered many questions. We have attempted at all stages to be transparent and open. I have offered private briefings to shadow ministerial colleagues and the shadow Foreign Secretary, the right hon. Member for Witham (Priti Patel).