European Union (Withdrawal) Bill

Debate between Baroness Butler-Sloss and Lord Chidgey

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Baroness Butler-Sloss]

I can be corrected on this, but I think I am right in saying that much of what was arranged between Gibraltar and the United Kingdom on the business between the two countries was directed by the EU, and consequently it is important that the arrangements between the United Kingdom and Gibraltar make it absolutely clear that all trade between the two countries would continue unimpeded. I know no more about what is being said about Gibraltar and the EU than, I suspect, anyone else in the Chamber other than the Minister, because I assume that all of this is subject to the negotiations. But the United Kingdom Government have promised that they will stand by Gibraltar and that they will make sure that they are negotiating for Gibraltar as well as the whole of the rest of the United Kingdom.

I am not in a position to say any more than that, but the amendment was necessary when I tabled it. It is clear that it is not necessary now, but I was not asked to withdraw it. I would not have dreamed of accepting such a request. I was told that it was not necessary for it to go to a vote and that the Gibraltar Government would prefer us not to vote on it, for perfectly obvious reasons. If relations between Gibraltar and the United Kingdom Government are as good as I am told they are, I do not have the slightest desire to rock the boat. I do not propose to take this amendment any further beyond Committee. I beg to move.

[Lord Chidgey (LD)]

My Lords, I added my name to the amendment after Second Reading, as Members will realise. It has been fascinating listening to some of the debate so far, but I go back to what Amendment 315 would do. It would make it clear that the EU (Withdrawal) Bill does not permit the,

“removing, replacing, altering or prejudicing the exercise”,

of Gibraltar’s acquired rights with reference to the 1972 Act of accession. That is what the amendment says. Some of the comments made so far have been very interesting, but they are not soluble.

The amendment has been tabled because, sadly, it became necessary following Spain’s repeated verbal aggressive claims, and not just those relating to the EU (Withdrawal) Bill. Those of us who have studied Gibraltar’s interests over the years will know that it is a repeated problem in our dealings with Spain over Gibraltar’s rights. It has become necessary because of that behaviour from Spain, particularly the claims to which the European Council and Commission have given unwarranted credence and encouragement. There is no legal validity to paragraph 24 in the European Commission’s Brexit guidelines, proposing a right of veto for all 24 EU members on negotiations over Gibraltar. The inclusion of paragraph 24 in the guidelines detracts from driving a good result for all of the EU and for the UK with Gibraltar. This is why we have tabled the amendment.

In the meantime, I agree with the noble and learned Baroness, Lady Butler-Sloss, that it is quite right that a wide package of measures has been agreed by the joint ministerial council of the UK and Gibraltar that covers university fees, health, transport, the environment and fishing—much the same as exists already. The noble Lord, Lord Hannay, made that point very well. The agreement also includes guarantees on continued reciprocal rights for Gibraltar’s citizens on accessing key services.

As a member of the All-Party Group for Gibraltar for more than a decade and a previous vice-chair, I share the view that Gibraltar must be included in the implementation and future agreements, not just in the negotiations. Over the years, the people of Gibraltar have demonstrated how much they cherish their British sovereignty, which has been well deserved for more than 350 years, as the noble Lord, Lord Hannay, mentioned. In response to correspondence from the chair of the All-Party Group for Gibraltar, the Prime Minister has given her assurance in writing that the Government are forthright and resolute in their support for Gibraltar. They are determined to defend the interests of the people of Gibraltar in their negotiations with the EU. But it is early days. As many people keep saying about the EU (Withdrawal) Bill, nothing is agreed until everything is agreed. Amendment 315 seeks to reinforce in every way the resolve of our Governments and our Parliaments.