Draft UK-EU Agreement on Gibraltar

Al Pinkerton Excerpts

Wednesday 8th July 2026 Westminster Hall

[Dr Al Pinkerton (Surrey Heath) (LD)]

It is a great pleasure to serve with you in the Chair, Sir John. I congratulate the hon. Member for Brigg and Immingham (Martin Vickers) on securing this important debate. I draw Members’ attention to my entry in the Register of Members’ Financial Interests. I had the great pleasure of visiting Gibraltar in July last summer, perhaps shortly before the hon. Member for Leeds South West and Morley (Mark Sewards), and, like him, I got to experience the new border control operations that will be in place. I had the great pleasure of meeting multiple representatives, who spoke positively about the experience and the way in which the United Kingdom Government had ensured that, at every single stage of the negotiation that led to the agreement, Gibraltarians were present and gave their consent.

The Liberal Democrats welcome this agreement. It achieves the objective that matters above all others: preserving British sovereignty over Gibraltar while providing a practical solution to the problems that have hung over the territory since Brexit. I spent much of my academic career—I am a recovering academic—researching borders, sovereignty and contested territories, and I have spent time in Gibraltar recently and in the past and spoken to people who live with the consequences of the treaty, so I know all too well that borders are rarely just lines on a map. They are systems for managing movement, trade and security. When those systems fail, ordinary people end up paying the price.

That is precisely what happened after Brexit. Gibraltar found itself excluded from the trade and co-operation agreement, leaving 38,000 people living with years of uncertainty. As we have heard, the people of Gibraltar did not choose that outcome. Not only have they repeatedly rejected the prospect of joint sovereignty, as they did in 2002, but they overwhelmingly voted to remain in the European Union in 2016. Whatever our views on Brexit, we should recognise that Gibraltar has spent the past six years managing the consequences of decisions that it did not participate in making.

The treaty reflects one of the oldest truths in geopolitics: geography cannot be wished away. Gibraltar is politically British, geographically Iberian and economically dependent on the daily movement of people across the frontier. Good statecraft—of which these proposals are an example—reconciles those realities, rather than pretending that we can override them. The treaty deserves support—albeit not uncritical support—because it starts from the correct constitutional principle, which is that the freely expressed wishes of the people of Gibraltar are paramount.

That principle is reflected in the agreement. Article 2 contains what many legal experts have described as the strongest “without prejudice” sovereignty clause ever included in an EU agreement relating to Gibraltar. Three independent KCs have concluded that the treaty makes no concession whatsoever on sovereignty. That legal certainty matters for all the reasons that the hon. Member for Strangford (Jim Shannon) outlined. That is why the agreement enjoys such strong unilateral support from Gibraltar’s Chief Minister and other representatives in the Parliament. Gibraltar’s Parliament and all three living former Chief Ministers agree that this is an appropriate deal. That consensus is highly unusual—Westminster might take note.

The agreement is equally clear on defence. The MOD has confirmed that the UK retains full freedom to operate from Gibraltar. British military capabilities remain sovereign and unconstrained, with Spain unable to impede British personnel or equipment. At a time of growing geopolitical instability across Europe and the Mediterranean, preserving Gibraltar’s strategic role in NATO is essential.

However, the possession and preservation of sovereignty alone is not enough. Sovereignty must also work—it must be practical. We have heard observations today not only about Gibraltar’s strategic importance, but about the sheer intensity of everyday cross-border movement: 15,500 people cross the frontier every single day. Those people staff Gibraltar’s hospitals, restaurants, financial services, construction industry and public services. Almost all food and medicines arrive in Gibraltar by road through Spain. That is why a functioning border is not just a convenience but an economic necessity. Gibraltarians understand better than most what happens when borders cease to function. Many have spoken to me about their recollections of the years after 1969, when the Spain frontier was closed, severing families, disrupting livelihoods and isolating Gibraltar economically and politically.

Even after that frontier fully reopened in 1985, political tensions have, at times, caused lengthy queues and disruption at the crossing. I have waited in those queues at various times. Gibraltar endured them for years, but its economy today is very different from the economy of the past. Thousands of workers now cross that frontier every day to sustain its economy and public services, which is precisely why this agreement matters so much.

The treaty has become even more necessary because Europe itself is changing the way its borders operate. The EU entry/exit system requires biometric registration of third-country nationals entering the Schengen area. That may work tolerably at airports—actually, I am not sure that it does, given the words of the chief executive of Aeroporti di Roma this week—but at one of Europe’s busiest land borders, it risks creating queues measured not in minutes but in hours.

Had this been left unresolved, Gibraltar would have faced severe disruption through no fault of its own. The agreement prevents that outcome and removes routine immigration and customs checks at the land frontier while keeping Gibraltar outside of the Schengen area. Gibraltar retains its own immigration laws and authorities. At Gibraltar international airport, British immigration controls will be carried out by Gibraltar officials before a Schengen check under the agreed arrangements. Spain has no unilateral power to refuse entry.

Equally important are the safeguards for Gibraltarians. Residents and Gibraltar identity card holders cannot be refused entry into Gibraltar, detained under those arrangements or subject to the EES or ETIAS systems. Those guarantees are practical expressions of sovereignty. The economic benefits are also equally significant. Without an agreement, Gibraltar faces prolonged uncertainty and significant economic harm. With the agreement, estimates suggest about £200 million could be added annually to Gibraltar’s economy—that is about 6% of its GDP—while boosting investment and confidence at no additional cost to the UK taxpayer.

The agreement also creates opportunities beyond the land frontier. Direct air services between Gibraltar and European destinations could strengthen tourism and economic connectivity. With more than 9.4 million visitors entering Gibraltar annually across the border, compared with around 184,000 by air, smoother movement would benefit Gibraltar’s economy while reducing friction for communities on both sides of the frontier.

Concerns have understandably been raised about the Schengen 90/180-day rule for air arrivals. However, it is worth saying that visitors stay on average just 3.4 days in Gibraltar—a small fraction of the 90-day allowance—and many already continue into Spain and use part of that allowance there. For most travellers the practical impact is therefore likely to be minimal. There are, however, still issues that deserve scrutiny.

Will the Minister clarify precisely how the Schengen 90/180-day rule will apply to British citizens spending time in Gibraltar? It is important that we avoid creating constitutional tests that have never existed elsewhere in the British family of overseas territories and Crown dependencies, with which the United Kingdom has never operated unrestricted freedom of movement. Territories such as the Falklands—as I know all too well—have long maintained their own immigration laws and entry requirements, reflecting their distinct constitutional status and circumstances. Gibraltar has likewise always controlled its immigration arrangements.

The question is therefore not whether Gibraltar should have border controls, but whether those controls serve Gibraltar’s interests while fully preserving British sovereignty. Notwithstanding the clarification that I just sought from the Minister, the treaty strikes that balance. Implementation must be undertaken in close co-operation and partnership with Gibraltar’s Government and its business community. Ultimately, this agreement will be judged by whether the borders work smoothly for those who depend on it every day.

Gibraltar illustrates a wider truth about Brexit. Like the Windsor framework, this agreement is an intelligent and pragmatic attempt to solve problems that Brexit created. Geography has not changed—Gibraltar remains politically British while being physically connected to the European continent, and good diplomacy recognises both those realities—but we cannot continue to resolve the consequences of Brexit one border at a time. I contend that the United Kingdom needs a broader reset with our European colleagues.

If I may be so bold, I suggest a growth and defence partnership with our European neighbours—something I have spent a lot of time trying to fashion over the past few months. That would involve entry into the single market and a relationship with the EU’s customs union, which would restore and revive our relationship and solve many of the challenges that we have spoken about in the debate. I welcome this agreement, which protects sovereignty, Gibraltar’s economy and British strategic interests, and, above all, respects the wishes of the people of Gibraltar.