- 11:42 am
- With permission, I wish to make a statement on the UK-EU treaty in respect of Gibraltar. First, I welcome the presence in the Gallery of His Majesty’s Governor of Gibraltar, His Excellency Lieutenant-General Sir Ben Bathurst. Given his previous commands, I also take the opportunity to wish him a very happy St David’s day in advance—dydd gŵyl Dewi hapus—which I share with all the House and, indeed, with the people of Gibraltar. It is also a pleasure to have you in the Chair, Mr Speaker, given your own strong support for and associations with Gibraltar, not least in relation to the university.After five years of tireless and complex work and dozens of rounds of negotiations, I am pleased to inform the House that we have published a draft version of the treaty. I am depositing a copy of the draft treaty in the Library of each House, together with an accompanying summary document. I am delighted that we have reached this moment, which heralds a new era of security, prosperity and stability for Gibraltar and the surrounding region and, crucially, protects British sovereignty over the Rock.For more than 300 years, the Rock has been a hugely important part of the British family. Its people are British citizens, and our commitment to them remains absolute. This Government have taken seriously their responsibility to protect Gibraltar’s unique position and to secure post-Brexit arrangements that deliver on that responsibility. This draft treaty protects jobs and livelihoods for the people of Gibraltar and offers a stable framework for their relationship with the European Union, removing the uncertainty they have faced since Brexit. In short, it shows what real diplomacy and co-operation can achieve. It is the result of sustained and effective efforts on the part of the United Kingdom, His Majesty’s Government of Gibraltar, the European Union and Spain.His Majesty’s Government of Gibraltar have been at the table at every stage of the negotiations; nothing has been agreed without their full support. I place on the record my appreciation for the Chief Minister, the Deputy Chief Minister and their teams, who played vital roles in securing the best outcome. I also pay tribute to UK negotiators, including our teams in Brussels, Madrid, London and Gibraltar. Their diligence and diplomatic skill have ensured that this treaty protects UK sovereignty and delivers practical outcomes for citizens and businesses on both sides of the border.Now let me reflect on some of the detail. Around 15,000 people cross the land border between Spain and Gibraltar every day—half of Gibraltar’s workforce. The treaty removes all checks on people and goods at that border; instead, dual immigration checks will take place at Gibraltar’s airport, with Gibraltar conducting its own controls and Spain, as the neighbouring Schengen state, conducting checks on behalf of the European Union, in a model similar to the French police operating at St Pancras.Let me be clear: Gibraltar is not joining Schengen. Immigration, policing and justice remain the responsibility of its own authorities. British sovereignty over Gibraltar, including British Gibraltar territorial waters, is fully upheld and explicitly protected. Crucially, the United Kingdom’s military facilities and operations on the Rock remain under full UK control. The treaty also establishes a bespoke customs model that removes the need for routine goods checks at the land border and strengthens co-operation between customs authorities.Gibraltar will align its import duty rates on goods with EU rates. That will allow people to cross the border with everyday goods, such as shopping, without declarations or additional charges, bringing an end to long queues for workers, businesses and visitors. Having been in those queues myself, I know that that will make a substantial difference. To be clear, Gibraltar will not apply VAT or any other sales tax, and its vital services industry will not be affected.The result is a pragmatic agreement and arrangement that protects Gibraltar’s way of life, supports its economy and strengthens cross-border co-operation, while safe- guarding the United Kingdom’s sovereignty position. It also gives businesses the certainty that they have sought for many years, allowing them to plan and invest with confidence. The conclusion of the negotiations also reflects the wider, transformed change in tone and trust that this Government have rebuilt with our European and EU partners, including Spain—a crucial NATO ally and economic partner. It represents a new era of co-operation and delivery for growth and security.As with the UK-EU summit last year, the agreement shows that a constructive, problem-solving relationship with the European Union can deliver real benefits for British citizens. We are publishing the draft treaty alongside the European Union while legal teams complete final checks and translations, so that all Parliaments with an interest can have access to it on the same timeline.The publication of the draft today marks a milestone, but it is not the formal end of the process; the final version of the treaty will be laid in the UK Parliament for scrutiny before ratification, in accordance with the Constitutional Reform and Governance Act 2010. We will continue to work closely with the Government of Gibraltar, the European Union and Spain as we move towards signature and implementation, and I will update the House as that work progresses.In conclusion, this is a significant achievement for Britain, for Gibraltar and for our wider European partnerships. It shows this Government’s commitment to fixing problems, supporting our overseas territories, and defending Britain’s interests with clarity and confidence. With this treaty, Gibraltar can look to the future with certainty. Its people can be reassured that their way of life is protected. To quote the Chief Minister today, the treaty“provides a springboard to stability, certainty and a modern partnership with the EU. And it does so without affecting our fundamental, inalienable right to remain British in every respect. Indeed, the Agreement makes absolutely clear that nothing in the Agreement or any supplementing arrangements shall affect sovereignty.”In the words of my right hon. Friend the Deputy Prime Minister, our commitment to Gibraltar remains, as ever, as solid as the Rock. I commend this statement to the House.
- I call the shadow Minister.
- I am grateful to the Minister for bringing this statement to the House and for allowing me to have advance sight of it, but let me be clear: Parliament is reacting to events, rather than being respected as part of the process.For weeks, detailed provisions of the treaty have circulated in the press before Members of this place have been permitted to see any legal text. That is not how serious constitutional business should be conducted. Now that we have the text, proper scrutiny must follow in this place and in Gibraltar. As we have consistently said, this must be a deal that the Government, the Parliament and, above all, the people of Gibraltar are comfortable with. It is right that the democratically elected Government of Gibraltar have led negotiations and prioritised a free-flowing border, but trade-offs come with that, and it is our duty to examine them carefully.The sovereignty clause states that nothing in the treaty alters the respective legal positions of the UK or Spain, but sovereignty is not simply about words; it is about how arrangements operate in practice. What recourse does the United Kingdom have if there is an operational overreach by Spain, including in the exercise of border control powers within Gibraltar’s port and airport? Will British citizens be subject to the 90-day Schengen rule in Gibraltar? What is the reciprocal position for Spanish citizens, and what protections exist for British nationals with long-standing ties to Gibraltar who do not hold Gibraltar ID cards? What mechanisms are in place to resolve disputes when asymmetric decisions are taken at the border?On customs, processing at EU-designated points in Spain and Portugal raises practical and constitutional questions. What oversight will the UK have, and what recourse exists if those arrangements fail to operate effectively? What protections are there for imports of British goods and for Gibraltar’s distinct economic model, particularly its financial services sector? Have the Government’s impact assessments fully examined UK-Gibraltar trade flows and potential adverse effects?
- I thank the shadow Minister for her questions. I have to say that I have been rather disappointed by the tone today, and indeed the tone taken in the media over the last few days on these issues, not least as I provided a very full briefing to the shadow Foreign Secretary in advance. The idea that we have not been communicating about this treaty is simply not correct. In a spirit of generosity, I am happy to offer further briefings for the shadow Minister and the shadow Foreign Secretary in order to go through any detail in the treaty they would like. There is nothing to hide. We welcome their scrutiny, and we welcome the scrutiny of this House.The shadow Minister asked about the timeline. Of course, there is a process in this place, but there are also processes in the EU. We are committed to that and to laying the finalised text after signature of the treaty, which we expect to take place next month. Of course, it will then go through the appropriate processes in relation to CRaG.The shadow Minister asked about sovereignty and about recourse and dispute mechanisms. First, I need to make it absolutely clear that sovereignty was never on the table in these negotiations. It is not in doubt. That is an absolute, and this agreement safeguards that. There is a range of recourse and dispute resolution mechanisms attached to the treaty. She is welcome to go through those; I am happy to explain them in more detail. We have very much kept to the double lock, which we set out at the start of the process.The shadow Minister asked about the 90-day rule. British citizens are not free at the moment just to turn up in Gibraltar without going through immigration checks; they are already subject to a 90-day rule. That is important to clarify, because there seem to have been some misunderstandings of that in relation to all our overseas territories recently. There is not an automatic right, and Gibraltar of course maintains immigration and security checks.
- As the Member of Parliament for Portsmouth North and the chair of the all-party parliamentary group on Gibraltar, I welcome this statement and place on record my strong support for the ratification of the treaty. This agreement represents a practical, well balanced and forward-looking settlement for Gibraltar, the United Kingdom and our European partners. Crucially, the deal has the clear backing of the Government and the people of Gibraltar, and that point should carry significant weight across this House. We should be guided not by abstract political positioning, but by the lived reality of the community whose prosperity and security are directly affected. The treaty protects United Kingdom’s red lines. Sovereignty remains unchanged and was never in question. British jurisdiction is respected and Gibraltar—
- Will the hon. Lady give way? [Laughter.]
- Order. That is not good form. Ms Martin, you are not meant to give way when you are asking a question, but I assume you have finished your question.
- rose—
- Order. I think the question is done. I call the Minister.
- I thank my hon. Friend, who speaks with eloquence and expertise on these issues as chair of the all-party parliamentary group on Gibraltar. She is a staunch defender of the people of Gibraltar, and of their rights, sovereignty and future prosperity. Like many Members of the House, she has visited Gibraltar with me. She has seen the reality on the ground, the difficulties resulting from the current arrangements, and the fears for the future. She is absolutely right that this Government are supported by Gibraltar. The treaty is good for the people of Gibraltar. I welcome her support and that of the all-party group on this matter.
- I call the Liberal Democrat spokesperson.
- I thank the Minister for advance sight of the statement and for contact about it in the preceding days.The Conservatives’ botched deal with Europe left Gibraltar in a state of limbo for years. That was a shameful dereliction of their duty to protect Gibraltarians and the business community there. Now that we have a draft deal in place, we look forward to full scrutiny of the treaty in this House. It must meet a number of key tests.The first of those tests is the question of sovereignty. The new agreement must leave no lingering questions over the status of Britain’s sovereignty in Gibraltar. That is vital, given that we know from past experience that the Spanish Government are willing to act unilaterally over Gibraltar and to the detriment of Gibraltarians. Will the Minister outline what mechanisms exist in the deal to ensure compliance and effective dispute resolution in the event of any future possible unilateral action, giving confidence to Gibraltarians that the deal will be enforceable? Will the Minister confirm that the deal includes provisions for the agreement’s termination in the event that the UK and Gibraltarians view it as no longer being in our shared interest, ensuring the ultimate guarantee of Gibraltar’s sovereignty?The second test is whether the deal gives genuine effect to the self-determination of the Gibraltarian community. Nothing about Gibraltar should be agreed without Gibraltarians, so will the Minister confirm that the Gibraltarian Government have led the negotiations and that their interests have been front and centre in them?The final test is whether the deal actually works for the Gibraltarian economy. It must support jobs and economic growth in the territory. Will the Minister make available to the House the Government’s impact assessment of how the deal will support economic growth and jobs there?
- I thank the Liberal Democrat spokesperson for his constructive approach and support. He is absolutely right to set out concerns in those three areas. I can absolutely assure him on all three points. I have been very clear about the sovereignty provisions. They are there in the explanatory documents, explaining that the deal does not affect our position on sovereignty. The sovereignty of Gibraltar is protected. There are dispute resolution mechanisms and termination provisions, and I am very happy to brief him and other Members further on them.The hon. Gentleman asked about self-determination and the principle of nothing about Gibraltar without Gibraltar. I can absolutely assure him that that is the case. Gibraltar was at the table throughout the negotiations. We have had a very constructive engagement with the Chief Minister, the Deputy Chief Minister and their whole team throughout the process. We were very clear that we would not enter into an agreement that did not have their full support. That is a very significant matter for the whole House to consider as we move forward.The hon. Gentleman asked about the deal working for Gibraltar’s economy and growth. I can absolutely assure him that it does, with very pragmatic changes that will deliver for businesses. They will deliver for the free movement of goods, they will ensure that Gibraltar’s important services sector can continue to thrive without impediment, and, crucially, there will be the mobility of individuals across the border. Indeed, there is also an important provision on the ability for—subject to commercial decisions—flights to arrive from inside the EU into Gibraltar airport, which they are currently unable to do. That will be good for jobs, tourism and growth in the whole region.I will come back to the hon. Gentleman on impact statements. They will undoubtedly be in the purview of the Government of Gibraltar to do those assessments, but I will happily provide him with further information.
- I put on record that I chair the all-party parliamentary group on Spain. I congratulate the Government on this significant agreement. Can the Minister confirm that it provides additional safeguards to Gibraltar’s sovereignty, while creating new economic opportunities? I think he was alluding to that with the airport. I thank him for the hard work he and colleagues have done in rejuvenating our important relationship with Spain, which is a key NATO ally and our seventh-largest trading partner.While I am speaking, Madam Deputy Speaker, may I pay tribute to my hon. Friend the Member for Portsmouth North (Amanda Martin) for her commitment to the self-determination of the people of Gibraltar? For my part, when I visited Gibraltar last year and met community leaders, including senior business leaders, I was very struck by how low the stock of the Conservatives had fallen with the people of Gibraltar. I think the Conservatives have some bridges to mend.
- I agree with my hon. Friend and thank him for his work as chair of the all-party parliamentary group on Spain. He is right that we have entered into a new era of co-operation with our friends in Spain on prosperity, on security and in many other areas. That in no way affects our commitment to stand by our red lines and principles in these negotiations. It shows that when things are approached with trust and respect, we can achieve what we need for the people of Gibraltar and the people of the United Kingdom, and see a flourishing relationship with our friends in Spain and, indeed, the European Union.
- As a former Royal Marine, Gibraltar has a special place in my heart—we have “Gibraltar” emblazoned above our globe and laurel crest for the valiant efforts of former bootnecks in 1704. Having transferred seamlessly through Gibraltar on previous operations, I know how important it is to be able to transfer kit and equipment. The agreement seems to indicate that Gibraltar will be subject to Spanish export controls relating to defence equipment and dual-use technologies. Prior to agreeing the text, did the Minister consult the armed forces leadership in Gibraltar to ensure that service personnel can still carry on their duties, with kit not subject to Spanish export controls?