Gibraltar

Baroness Foster of Oxton Excerpts

Tuesday 17th June 2025 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

I have visited Gibraltar as well, and I echo everything the noble and learned Baroness had to say. This has been the work of many years and many Foreign Secretaries. It proves that sometimes, when we knuckle down and focus on the outcome that must be achieved for the people of Gibraltar, we can get there with relatively little fuss and drama.

[Baroness Foster of Oxton (Con)]

My Lords, I welcome this Statement and support very much my noble friend Lord Callanan’s comments and questions for clarification. I too have been visiting Gibraltar for many decades, in my initial job and when I was a Member of the European Parliament, so I am aware that, certainly post-Brexit, there have been some issues and some need for clarification in certain areas. I met regularly with Gibraltarian officials and Ministers regarding airspace use and other issues of that nature. Nevertheless, we need to remember that Spain continues to assert its claim over Gibraltar, and it has never ever backed off from that.

On the comparison to how we get to the continent, to France or Belgium, using the Eurostar system—namely, with a French immigration officer—it is not the same at all, because you go through that control and then into an EU country. My concern, which we need clarification on, is that I read that a Spanish immigration officer or police officer—whatever you want to call them—will check the British passports of British passport holders and can refuse entry to that British citizen going into a British sovereign territory. That is the difference: we have a Spanish officer refusing a British citizen going into a British Overseas Territory. I would really like some clarification on that.

I would obviously welcome seeing the detail that my noble friend asked for on a number of these issues —the devil is always in the detail. Of course, what is important is that the Gibraltarian Government and the citizens of Gibraltar continue to realise that we, as the United Kingdom, will certainly always watch their backs. Should anything arise that is a bit untoward through these negotiations, we need to make sure that we are diligent in the oversight that takes place.

[Baroness Chapman of Darlington (Lab)]

We simply differ in our view with regard to sovereignty with our friends and allies in Spain. Nothing in this agreement changes the status of the sovereignty of Gibraltar—we are very clear about that. Spain understands that, and that is reflected in the treaty. It was really important that we made sure that that was the case, because we do not want any questions about Gibraltarian sovereignty to arise out of this.

Of course this is different: when you get on the Eurostar, you go into Kent and then into France, but there are similar checks. The point is that it is not a full immigration process. This is about a Schengen check, so it is an alert about whether an outstanding warrant or criminality issue would be triggered. You would not immediately lose all your rights, be arrested or anything like that. You would have the option of going and answering the questions that may arise as a result of that trigger, or of taking legal advice and/or returning to your country of departure. This is a compromise; I accept that. It is very unusual, but this is an unusual circumstance. This is necessary to make sure that border stays open. That was the whole point of what we were trying to negotiate and what we have been trying to achieve. That is what has been achieved.

If the people of Gibraltar are front and centre of all this, as everybody has said, we need to listen to what they and their representatives are saying about this agreement. They are very warmly in support of it. I will listen to them, and if it gets to the point where they are no longer of that view then, clearly, we would have to think again. They have been involved every step of the way. We have done nothing about them without them—we would not do that—and they are pleased with this agreement. It will make such a difference to their daily lives, their prosperity and the way they are able to live and to travel backwards and forwards. The 15,000 people crossing that border every day can do so freely, without any concerns about the border being closed or any of that. This is a big win for the Gibraltarians, and I welcome it.