Select Committee on Foreign Affairs

Lord Spellar Excerpts

Thursday 3rd July 2014 Commons Chamber

[Sir Richard Ottaway (Croydon South) (Con)]

When problems emerged in Gibraltar last summer, with seven-hour-long delays to cross the border, the Foreign Affairs Committee took a strong interest in the situation and in what the Government were doing, and were going to do, in response. On Tuesday, the Committee published its report, “Gibraltar: Time to get off the fence”. We concluded that the behaviour of Spain towards Gibraltar is unacceptable. A NATO and EU ally is, as a matter of deliberate policy, impacting the economy and functioning of a British overseas territory. In our opinion, it is time for the Government to take a tougher line.

The dispute has a 300-year-long history. However, in the past three years, the Partido Popular Government in Spain have taken a more hard-line approach to the dispute. They have significantly increased pressure on Gibraltar and its people, and Gibraltarians have suffered. They have suffered: the deliberately imposed border delays; aggressive maritime incursions; calculated pressure at the EU and the UN; and inflammatory rhetoric from Spanish Ministers about Gibraltar’s sovereignty and its economic affairs.

We acknowledge that Spain’s actions have placed the UK Government in a difficult position. They have a strong bilateral relationship with Spain that is in the interests of all British citizens, including the 1 million Britons who live in Spain. However, the Government also have responsibilities towards Gibraltar and cannot ignore actions by Spain that are intended to make the lives of Gibraltarians more difficult.

First, we regret that talks including all three partners—Spain, the UK and Gibraltar—have been suspended, and we ask the Government to set out what offer they have made to Spain in connection with these talks and how they intend to restart them.

We are deeply concerned about the dramatic increase in maritime incursions in British Gibraltarian territorial waters and the hostile tactics of some of the vessels that conduct them. The Foreign and Commonwealth Office rightly protests about each incursion, but we were disappointed to find that it sometimes lodges diplomatic protests weeks after the event, robbing them of all force. This gives the wrong impression to Spain about how seriously the UK takes this issue. We recommend that protests are lodged within seven days.

We have no doubt that delays imposed by Spain at the border with Gibraltar are politically motivated, and that the border is being used as a means of coercion. The Government should state publicly that they will take legal action against Spain in the European Court if there is little improvement at the border in the next six months.

The Committee considered the possibility of Gibraltar joining Schengen, while the UK remains outside. Although we saw the merit in this idea and the impact it would have, we suspect that the legal and economic implications could be considerable.

Spain continues to use international institutions as a means of applying pressure on Gibraltar. Gibraltar remains on the UN list of non-self-governing territories, despite repeated UK Government attempts to de-list it. Only a few weeks ago, Spanish MEPs in the European Parliament were trying to limit Gibraltar’s aviation rights. Spain also continues to refuse to allow direct military movements between Gibraltar and Spain, even among its NATO partners. As a result of this, Gibraltar feels it is under siege.

The Government’s laudable attempts to de-escalate the dispute have not worked. They were right to try diplomacy, but they must now take a more robust approach, as long as this is agreed with the Government of Gibraltar. We recommend that the Government take some immediate actions now, including: more prompt diplomatic protests against incursions and border delays, and summoning the ambassador; increased efforts at the EU and UN on Gibraltar’s behalf; renewed effort to establish trilateral talks that are currently not taking place; and withholding UK support for Spain’s international goals, such as its aspiration to membership of the UN Security Council, unless its attitude toward Gibraltar changes. As for more serious measures, we further recommend that the Government be more robust in their defence of the territorial waters around Gibraltar, and we have asked them to report back on how they intend to do that.

Finally, we recommend that if those measures do not improve the situation within six months, the UK should take Spain to court for infringement of EU obligations at the border. I commend the report to the House.

[Mr John Spellar (Warley) (Lab)]

I congratulate the Committee and its Chairman on a timely, well-balanced report, and look forward to a wider debate about it.

The report underlines the concern that is felt about the fact that no Minister from the Foreign and Commonwealth Office visited Gibraltar between 2011 and 2014. What reassurances has the Committee received that that is now a priority for the FCO and, indeed, for other Departments?

The Committee rightly expresses concern about the mixed message that has been sent by the delay in the delivery of protests about incursions into British Gibraltarian territorial waters, which it says—quite rightly—gives an impression of “going through the motions”. The Committee suggests a much tighter timetable. When does the right hon. Gentleman intend to seek a progress report from the Department on the implementation of that?

On 27 November last year, I said in the House:

“it is vital that the Spanish Government today hear a united statement from the House that such provocative and unlawful acts are not acceptable to this Parliament or to the British people. They cannot be ignored.”—[Official Report, 27 November 2013; Vol. 571, c. 263.]

Does the right hon. Gentleman think that the Foreign Office has heard that message?