Gibraltar and Spain

David Lidington Excerpts

Wednesday 14th October 2015 Westminster Hall

[The Minister for Europe (Mr David Lidington)]

As always, it is a pleasure to serve under your chairmanship, Mr Betts. I congratulate my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) on securing this debate and on his introductory remarks. As the right hon. Member for Wolverhampton South East (Mr McFadden) said, it is appropriate that we should be talking about Gibraltar in the same week that we have celebrated Gibraltar day in London. My hon. Friend the Member for Filton and Bradley Stoke and I joined Members of both Houses from a range of political parties, and a couple of thousand other people, at the Guildhall on Monday night to see the Chief Minister and to demonstrate our continuing support for Gibraltar and for the wish of the people of Gibraltar to remain under the sovereignty of the United Kingdom.

I thank those who have taken part in this debate: the hon. Members for Strangford (Jim Shannon), for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) and for Na h-Eileanan an Iar (Mr MacNeil) and my hon. Friend the Member for Bromley and Chislehurst (Robert Neill). We have learned today of a family relationship across party lines, which came as a revelation to a number of us. I congratulate the right hon. Member for Wolverhampton South East on his reappointment to the Opposition foreign affairs team. I confess that I was glad to hear the news. I was slightly surprised, but I suspect my surprise was a lot less than his. I welcome his reappointment.

[Bob Stewart (Beckenham) (Con)]

I intercede only to say that the families of my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) and I have both known the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) for several centuries, and we have known him as a traitorous little chap.

[Mr Lidington]

We have had to relearn the lesson this morning that clan feuds can run deep.

[Mr MacNeil]

The hon. Member for Beckenham (Bob Stewart) tempts me to quote William Wallace: “I cannot be a traitor to another’s king.”

--- Later in debate ---

[Mr Lidington]

I had better move on to the subject of the debate. Although I want to concentrate on the border, the naval incursions and the economy of Gibraltar, which have been the mainstay of today’s speeches, I will first try to respond to a couple of other points that have been raised. I was asked about Gibraltar and the EU negotiations. As all Members will know, the Government have included the people of Gibraltar in the franchise for the proposed referendum on our membership of the European Union. The European Union Referendum Bill received its Second Reading in the House of Lords yesterday. Members are right to emphasise the importance of the United Kingdom Government’s consulting Gibraltar very closely on the negotiations to ensure that we take Gibraltar’s interests fully into account. I formally wrote to the Chief Minister at the start of the negotiations following the Government’s election in May—[Interruption.]

[Christian Matheson (City of Chester) (Lab)]

I apologise for arriving late. I will give the Minister a moment to catch his breath. I was also at the Guildhall celebration to which he referred. Does he feel that there is a new sense of confidence not just from the Chief Minister but from all Gibraltarians about their prospects for the future, which is clouded by their relations with Spain? I hope I have given the Minister a chance to find his voice.

[Mr Lidington]

I am grateful to the hon. Gentleman. I feel that on Monday night there was a real sense of economic optimism about Gibraltar’s future, based both on the economic success that Gibraltar has achieved and on the way in which Gibraltar has organised itself—I will return to this in more detail—so as to meet global standards, particularly in the provision of financial services, which match the best in the world.

Before the intervention, I was saying that I wrote to the Chief Minister of Gibraltar after the Government’s election in May to tell him that we were about to embark on the European negotiations and that he should let the Foreign Secretary and me know at any time of any matter in the process that is of concern to Gibraltar. Since then, there have been regular contacts at official level between the United Kingdom Government and the Government of Gibraltar, as well as conversations at ministerial level. I last discussed EU matters with the Chief Minister in Manchester last week. The Government will hold to that commitment.

I was also asked about the Government’s attitude towards Spanish hospitality to Russian warships in its Moroccan exclave of Ceuta. The fact is that that is ultimately a matter for the Spanish Government to decide. I find it extraordinary that such hospitality should be shown at a time when Russia is not only engaged in a campaign of aggression and destabilisation in Ukraine but has acted in a way that threatens the security of a number of our EU and NATO allies, particularly the Baltic states, but this is ultimately a matter for Spanish Ministers to consider.

The UK has promised to protect the right of the people of Gibraltar to determine their own political future. We stand by our assurance never to enter into arrangements in which the people of Gibraltar would pass under the sovereignty of another state against their wishes, and we will never enter into a process of sovereignty negotiations with which Gibraltar is not content. I want there to be no misunderstanding of our position: Gibraltarians will be British for as long as they wish to remain so. We regard Gibraltar as including the isthmus and British Gibraltar territorial waters, as well as the Rock itself.

[Jack Lopresti]

Going back to security and NATO in particular, given that the Spanish are inhibiting NATO naval craft and aircraft from going to Spanish ports and overflying Spain, and the added dimension of their help to the Russians, can we do anything in the NATO Parliamentary Assembly or use Spain’s membership of NATO to put pressure on them? As the Minister says, the way that if behaves is astonishing.

[Mr Lidington]

We make representations about Spain imposing restrictions of the type that one should not expect of a NATO ally. In most respects and over most policy areas, we have a very constructive and co-operative relationship. I do not think that the Government raising such matters in a formal NATO setting will help. In the meetings of the North Atlantic Council and the like, the emphasis will be on what we need to do jointly in the challenges to the collective security of NATO members. We have not forgotten about the issue. We shall continue to press for changes. I can assure my hon. Friend that the armed forces have advised Ministers that although the Spanish restrictions are irksome, they do not adversely affect the military capacity or preparedness of the UK or of NATO collectively.

I want to focus on exactly how the UK Government works with and for the people of Gibraltar. When I last spoke in the House on the subject of Gibraltar, in January, Spain had only just started work on improving the infrastructure on its side of the border with Gibraltar. Those improvements were demanded by the European Commission, whose officials had visited twice to survey the situation at the border. Those visits were themselves a direct result of sustained and targeted lobbying by the UK, including by the Prime Minister, who raised the issue directly with the then President of the European Commission, José Manuel Barroso. Our lobbying, in close partnership with the Government of Gibraltar, is now paying off. Spain has completed the work at the border. I am pleased to say that delays have now dropped to levels comparable to those before the summer of 2013.

I understand that the Commission plans to visit again later this month. Obviously, we will continue to monitor the situation at the border closely, and we will not hesitate to raise our concerns again with Spain and the Commission if we see any further politically motivated tactics to create delays. As the right hon. Member for Wolverhampton South East and other hon. Members pointed out, one should expect passport checks and other proportionate checks at the Spain-Gibraltar border, but those should be no more and no less burdensome than the kind of checks that would be carried out on any other non-Schengen European border.

In turning to incursions, I pay tribute to the vigilance and sheer hard work of the Royal Navy Gibraltar Squadron, whom I visited on my last trip to Gibraltar, and the Royal Gibraltar Police and customs service, who ensure that the law is upheld in British Gibraltar territorial waters.

[Bob Stewart]

When the Minister visited the Royal Navy Gibraltar Squadron, did he look at the patrol vessels? They came from Lough Foyle and they are old, small and not powerful enough to deal with the strait of Gibraltar. The Foreign Office might consider advising the Ministry of Defence to up-gun our patrol vessels.

[Mr Lidington]

I not only had a chance to look at the vessels, but went out on patrol with one of those vessels, to see for myself the conditions that the Royal Navy experience.

We make a formal protest against every unlawful incursion by Spanish state vessels. The level at which that protest is made depends upon the seriousness of the incursion, which itself depends on, for example, how long the incursion takes and how deliberately ostentatious the incursion is. Some of the incidents that have been cited in the debate today are ones that we certainly regard as very serious indeed. The majority of incursions are subject to a protest by note verbale. We will sometimes take up the protest at senior official level and sometimes directly with our Spanish opposite numbers at ministerial level; it depends on the nature of the incident.

We treat the summons of the Spanish ambassador—indeed the summons of any ambassador—as a serious step. Other countries have a different practice and regard a summons to an ambassador as a routine measure. As was pointed out earlier, the Spanish ambassador has been summoned at a rate matched only by the ambassadors of Syria and of North Korea during the lifetime of the present Government and the coalition Government. I do not want to devalue the political and diplomatic weight attached to a formal summons by making the practice more general. The jet ski shooting incident on 24 June 2013 was raised immediately by me at ministerial level with my Spanish opposite number and raised subsequently by the Prime Minister with Prime Minister Rajoy less than a week after the incident had taken place. We take such events very seriously indeed and respond at the appropriately senior level.

This summer, there were several serious unlawful incursions by Spanish state vessels and aircraft. Those included a Spanish customs officer firing near a recreational fishing vessel, Spanish customs helicopters entering British Gibraltar territorial airspace and dangerous manoeuvring by Spanish state vessels on a number of occasions, which put at risk the safety of both UK and Spanish personnel. While any incursion is a violation of sovereignty, incursions do not threaten or weaken the legal basis of British sovereignty in Gibraltar or British Gibraltar territorial waters. However, such behaviour by Spanish state vessels is unacceptable. On each occasion, we have raised it immediately with the Spanish authorities. They have since reassured us that the safety of lives at sea is a top priority for all concerned and that their law enforcement agencies will operate with respect for that principle in future.

My hon. and right hon. Friends at the Ministry of Defence keep under constant review both the number and type of vessels available in Gibraltar. The nature of our assets in Gibraltar is subject to regular reassessment by the MOD, and that process of reassessment and review will continue.

My hon. Friend the Member for Filton and Bradley Stoke asked about the number of incursions. I will write to him with the exact number so far in 2015. However, I will try to give him and the House some idea of the pattern. In 2013, there was an average of 40.5 incursions a month; in 2014, the monthly average was 32.3; and by the end of August this year, which is the most recent period for which I have figures, the monthly average for this year was 37.4. That gives some idea of the number of incursions and, as I said earlier, the incursions vary in seriousness.

I am afraid that I cannot help the House on the question of the rules of engagement. For reasons that I am sure the House will understand, the Government follow a policy of not discussing in public the rules of engagement for our military, and I do not propose to depart from that principle today. It is not a policy that is specific to Gibraltar; we apply it across the board.

Spain has now agreed to our proposal of 28 August to step up law enforcement co-operation to fight against organised crime. We worked in close consultation with the Government of Gibraltar to achieve this agreement and all three Governments—Spain, Gibraltar and the UK—have an interest in tackling criminal activity in this area of the Mediterranean, and we all know that the agreement will be truly effective only if we can work together. Although the unacceptable incursions have continued, it is also a fact that, at the same time, there have been occasions in recent months when Gibraltarian and Spanish authorities have worked together to bring criminals to justice, and I warmly welcome that.

To give one example to the House, on 10 September a co-ordinated operation between the Guardia Civil and the Royal Gibraltar Police resulted in the arrest of suspected drug smugglers. We want to see more practical co-operation of that type, and I know that the Chief Minister of Gibraltar is very keen indeed that that kind of co-operation should be strengthened.

We will continue to press Spain to ensure that it honours its agreements, both to respect safety at sea and to work with us against organised crime, and I did that most recently on 12 September, when I met the new Spanish Minister for Europe, Fernando Eguidazu.

It would be remiss of me to let this debate pass without my saying something about aviation, because, as the House will know, there has been a long-running battle at EU level about whether Gibraltar should be included in EU aviation legislation. It is the Government’s view that the treaties of the EU are absolutely clear that, for the purposes of aviation policy, Gibraltar and Gibraltar airport are part of the EU. Therefore, it would not only be a political move but a breach of the European treaties themselves if there were to be any measure that purported to exclude Gibraltar from the ambit of such legislation. We will continue to oppose any further attempts by Spain to have Gibraltar excluded from EU aviation legislation. In the past 12 months, we have seen such attempts repeatedly, and they have all failed. We have delivered a very clear message that the treaties require that aviation measures must be applied to Gibraltar, and we shall continue to lobby both the Transport Commissioner and other EU member states to try to ensure that that principle is upheld.

A number of speeches today mentioned Gibraltar’s economic success. Frankly, I think that Gibraltar’s vitality and its determination to create economic success are the envy of the region. The Campo is an area of Spain that tragically suffers from very high unemployment and, as a number of hon. Members have pointed out, something like 30,000 Spanish citizens work in Gibraltar. Spain already benefits hugely from both enhanced economic co-operation with Gibraltar and the success of the Gibraltarian economy, and it could benefit even more.

[Kevin Foster]

The Minister has just hit on a key point about the deprived nature of the area surrounding Gibraltar. It is actually Gibraltar’s economy that gives hope to many thousands of Spaniards who are welcome to go and work in Gibraltar, and it is those Spaniards who will be the most affected if the Spanish Government carry on with their policies.

[Mr Lidington]

My hon. Friend is absolutely right. One of the tragedies of the Spanish Government’s approach to Gibraltar is that it ends up denying economic opportunities and the possibility of jobs to more people in Spain who are currently out of work. I still hope that there will be a change of such policy.

It is also wrong for Spain to continue to level accusations at Gibraltar about its tax regime. Spain does so despite the fact that Gibraltar has received the same OECD rating on tax as Germany, the United States and the United Kingdom. Furthermore, Gibraltar has already achieved exchange of tax information relationships with more than 75 other jurisdictions, including—paradoxically —the Kingdom of Spain itself.

Our Government have worked closely with the Government of Gibraltar to push for the removal of Gibraltar from the few outdated tax blacklists on which the territory still appears. Together, we have successfully managed to get Gibraltar removed from lists in Italy, Bulgaria and other countries, and we will continue that work apace.

Of course, a better relationship would also be in Spain’s interests, as I have already said. Towards that end, it remains our aim and the aim of the Government of Gibraltar to return to the trilateral forum for dialogue between the United Kingdom, Spain and Gibraltar. However, the reality is that the current Spanish Government chose to withdraw from that forum. As a result, and with the agreement of the Chief Minister of Gibraltar, we have been talking to the Spanish Government, as well as to the Gibraltar Government, to agree a process of ad hoc talks that would enable practical discussions to take place about issues that matter in the locality. I am hopeful that we will be able to hold such talks in the near future.

I am sure that the House knows that the Government recently announced the appointment of the next Governor and Commander-in-Chief of Gibraltar, and I am sure that everyone here will join me in congratulating Lieutenant General Edward Davis on his next assignment. I know that his appointment will be widely welcomed in the House.

Last month, Gibraltarians marked the 48th year since the referendum to remain under British sovereignty. Last month was also the 75th anniversary of the evacuation of Gibraltar, which was a reminder of the sacrifice that so many ordinary families in Gibraltar made when they stood alongside the United Kingdom at the time of great peril during the second world war. As I said in the Guildhall on Monday, the bonds between the United Kingdom and Gibraltar are strong. We share a long and proud history—more than 300 years’ worth—and our relationship is based upon the enduring values of democracy and the rule of law, to which both the United Kingdom and Gibraltar are committed. It is a relationship that has stood the test of time and I believe that it will continue to withstand the challenges that face it today.

Question put and agreed to.

Resolved,

That this House has considered Gibraltar and relations with Spain.