European Union (Withdrawal) Bill

Debate between Lord Foulkes of Cumnock and Lord Chidgey

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

[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.

[Lord Foulkes of Cumnock]

Will the noble Lord give way?

[Lord Chidgey]

How could I resist the noble Lord, Lord Foulkes?

[A noble Lord]

Easily.

[Lord Foulkes of Cumnock]

Very easily. I have been listening to the noble Lord very carefully about the assurances from our Prime Minister. How do they change in any way the claims and the challenges by Spain, which will continue? Do they reduce them in any way whatever?

[Lord Chidgey]

My Lords, who can say? That is the point of this amendment: to try to protect the interests of the United Kingdom and Gibraltar within the framework of the EU withdrawal Bill. It would put down a marker that we are not giving away those rights by virtue of the withdrawal Bill.

[Lord Foulkes of Cumnock]

All that the noble Lord and the noble and learned Baroness, Lady Butler-Sloss, spoke of were agreements between the United Kingdom and Gibraltar. They are easy to get, but they do not deal with the continued claim and challenge from Spain. As I understand it, there are those outwith Spain in the European Union who would support Spain on that. How would the amendment make the problem of Gibraltar in coming to a final decision on Brexit any easier? It does not seem any easier because of this agreement.

[Lord Chidgey]

I can only say to the noble Lord that it is quite obvious that we have a long way to go to reach an agreement between the United Kingdom and Spain. It is worth remembering that the issue of the sovereignty of Gibraltar, which is with the UK, has been set in stone and not necessarily agreed by Spain. The offer of any talks about Gibraltar’s future with Spain are set in stone to be entirely dependent on the agreement of Gibraltar. However, further than that we have not gone.