Gibraltar-Spain Border Checks

Tuesday 15th October 2024 Lords Chamber

Commons Urgent Question

The following Answer to an Urgent Question was given in the House of Commons on Monday 14 October.

“The Government are aware that, late on Thursday 10 October, Spanish border officers increased checks on permanent residents of Gibraltar crossing into Spain from Gibraltar. The change in process involved stamping the passports of all non-EU nationals crossing the border. It went against the informal bridging measures in place since EU exit and was made without warning. The increased checks were briefly reciprocated the following morning by His Majesty’s Government of Gibraltar, who have full responsibility for immigration matters. That led to some disruption on the Spanish side of the border.

My honourable friend the Minister contacted his Spanish counterpart, Fernando Sampedro, State Secretary for the EU, in relation to this change in process. In parallel, the UK’s ambassador to Spain engaged with the Spanish Ministry of the Interior. We understand that the change in process was instigated locally by a Spanish border official. The matter was dealt with swiftly by Spain and usual border arrangements resumed. We are grateful to the Government of Spain for the continued implementation of the informal bridging measures. We are in close touch with the Government of Gibraltar, including Chief Minister Fabian Picardo, and we will continue to monitor the situation. It is in all our interests that the border between Gibraltar and Spain operates smoothly.

The Government, working with the Government of Gibraltar, are committed to finalising a UK-EU agreement in respect of Gibraltar as soon as possible. That would bring certainty for the people of the region and secure future prosperity. We remain steadfast in our support for Gibraltar, and we will only agree to terms that the Government of Gibraltar are content with. Schengen border checks at the start of the EU entry-exit system were always expected, and that is one reason why we are working so hard to achieve a deal. The Government continue to work with the Government of Gibraltar on how best to mitigate the impacts of border disruption should an agreement with the EU not be possible.

Finally, I understand that today is Gibraltar Day, when the Government of Gibraltar celebrate the links between Gibraltar and the UK. I wish them every success with their various events”.

15:21

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I remind the House that it is 10 minutes of Questions now.

[Lord Callanan (Con)]

My Lords, Gibraltar is our gem in the Mediterranean, our strategic asset and, most importantly, a proud member of the British family of nations. Last Friday’s reports that the Spanish police were insisting on stamping passports and border checks are concerning. Let me be clear: whether this was due to a local Spanish border official and not the central Government, as the Minister for Development said in the other place, there should not be checks at the Gibraltar-Spain border. Can the Minister outline what steps His Majesty’s Government are taking to ensure that this does not happen again? Crucially, what discussions has the Foreign Secretary had with his Spanish counterparts on this matter?

The Gibraltar Broadcasting Corporation has reported a statement from the Spanish Foreign Minister that, for the UK-EU relationship to strengthen, it is important that the British Government say yes to Spain’s proposals on Gibraltar. This is concerning, as it seems to be a thinly veiled threat: “Accept our terms over Gibraltar or lose out”. Can the Minister assure this House that he will not abandon the people of Gibraltar and their desire to remain British? This incident at the Gibraltar-Spain border comes only a week after the decision to hand over our sovereignty of the Chagos Islands. Some might say that this is a coincidence, but it is easy to see the links. I ask the Minister to reassure this House in no uncertain terms that Gibraltar’s sovereignty is for the people of Gibraltar to decide and no one else.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Lord Collins of Highbury) (Lab)]

I have no problem at all in reiterating the double lock that this Government are committed to in relation to Gibraltar. We will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes. We will never enter into a process of sovereignty negotiations with which Gibraltar is not content. Absolutely—there are firm commitments there.

I have a long association with Gibraltar. I have represented the workers in Gibraltar for many years, so I know what their wishes are. The current negotiations with the EU are making very good progress. The Foreign Secretary has had regular meetings with the Spanish Foreign Secretary. Those negotiations are at a point where we hope to make rapid progress. The idea that this negotiation has anything to do with BIOT is absolute nonsense, as the noble Lord well knows. It is a completely different arrangement. I will not go into details because other noble Lords might have questions in relation to that, and I will leave it to them.

[Lord Purvis of Tweed (LD)]

My Lords, these Benches support the right of self-determination of the people of Gibraltar, and nothing should be done to diminish that. The Government of Gibraltar should be congratulated on putting pragmatic proposals forward as part of the negotiations. I have two specific points to ask the Minister. First, have the Government sought assurances from the Government of Spain that they will provide clear instructions for all junior staff on the proper conduct at the border? Secondly, have the Government sought and secured from the Spanish Government a commitment that they will not act precipitously concerning the delays for the EES mechanisms, which are now beyond November? In advance of full treaty agreements, nothing should be put in place that could put at risk the sustainability of the border with Gibraltar.

[Lord Collins of Highbury (Lab)]

I completely agree with the Minister—sorry, the noble Lord; I was going back to the coalition days. The simple fact is that these checks have happened in the past—it is not unusual—and are often subject to local initiatives. I give the House a categorical reassurance that Minister Doughty spoke to his counterpart immediately, and the Foreign Secretary has spoken to his counterpart. We are assured that this will not be repeated.

We have encouraged and spoken to the Gibraltar Government. It is important that there is that free movement across this border, not only for the sake of the Gibraltar economy but for the economy of La Línea and Spanish people who work in Gibraltar. Noble Lords can be reassured of that.

We are absolutely committed to these negotiations with the EU and are satisfied that we have made extremely good progress. There are just a few minor points left; I spoke to Gibraltar government officials yesterday at lunchtime, and I am pretty confident we will make progress.

[Noble Lords]

My Lords—

[Lord Kennedy of Southwark (Lab Co-op)]

Can we hear from the noble Lord, Lord Reid, first, please?

[Lord Reid of Cardowan (Lab)]

I thank my noble friend. I am sure the whole House will be reassured by the Statement that the Minister has made, particularly as regards the double lock, which as I understand it means that not only will the status of Gibraltar never be changed without the consent of the people of Gibraltar but the British Government will not enter negotiations where sovereignty is a negotiable product. In view of the willingness to confer and consult with and accept the views of the Government of Gibraltar, can the Minister tell me if his colleague the Foreign Secretary has discussed this issue with the Chief Minister of Gibraltar in recent days?

[Lord Collins of Highbury (Lab)]

I assure my noble friend that Minister Doughty has, because I have been with him and the government officials. There was an event last night, and yesterday lunchtime. We are in close contact with the Government of Gibraltar, and I certainly can give my noble friend assurances that we are pushing hard to speed up negotiations because a settlement on this, which is a consequence of Brexit, will be vital, not just for the economy and the people of Gibraltar, but for the locality around it as well.

[Noble Lords]

My Lords—

[Lord Kennedy of Southwark (Lab Co-op)]

Can we hear from the Cross Benches now, please?

[Lord Hannay of Chiswick (CB)]

Will the Minister take the trouble to read the speech made by the Chief Minister of Gibraltar after the problems that arose recently on the border, and will he endorse the firmly calm and determined note that Mr Fabian Picardo took about the continuing possibility of getting an agreement that would benefit both sides? Will he also recognise that every time the false analogy between Chagos and Gibraltar is raised, it plays straight into the hands of the Spanish?

[Lord Collins of Highbury (Lab)]

I agree. There is no comparison. This is not an issue where there can be any link. As the Chief Minister of Gibraltar has said, the important thing is that it is in the interests of Gibraltar and the local economy to ensure that we have an agreement with the EU. We are determined to achieve that.

[Lord Waldegrave of North Hill (Con)]

While I warmly welcome the noble Lord’s reassurances, can I ask him to say whether his ministerial friends have sought assurances from their opposite numbers that this kind of behaviour—allegedly rogue behaviour; it has happened before—has been followed up by disciplinary action; and that if a treaty, which we all hope is achieved, should place such officers in the airport of Gibraltar, there would be no repetition of this behaviour?

[Lord Collins of Highbury (Lab)]

I think that is what the Government of Gibraltar desire, and it is certainly what the United Kingdom Government desire. I first visited Gibraltar when the border was closed. I visited on the basis that 6,000 Moroccan workers were being based in Georgian barracks. There was progress: when we entered the European Union and an agreement was made about Spain’s entry, there were absolutely no border issues. That is why we now need that agreement with the EU, so we can return to a sense of normality.

[Lord Hain (Lab)]

My Lords, I too support my noble friend the Minister in seeking an agreement, which seems near. I point out that it does not help to help to have this tub-thumping jingoism from the Conservative Front Bench, when they created this problem. There is an external European frontier between Gibraltar and the Spanish mainland as a result of Brexit, and that has to be resolved by very careful negotiation. I wish my noble friend the best.

[Lord Collins of Highbury (Lab)]

It will be good for the people of Gibraltar to get an agreement with the European Union, and we are determined to do that. We are very close to achieving it. I agree with the sentiments of my noble friend: jingoistic language does not help the process of negotiation. I have realised, as a trade union negotiator, that you should never push people into corners. You allow them to come to an agreement and come together. I am pretty certain that is what we will do with Gibraltar and the EU.