Gibraltar (Maritime Protection)

David Morris Excerpts

Wednesday 16th October 2013 Commons Chamber

[David Morris (Morecambe and Lunesdale) (Con)]

I beg to move,

That leave be given to bring in a Bill to make provision to protect the seas around Gibraltar; and for connected purposes.

I thank colleagues from both sides of the House who have agreed to sponsor the Bill. I received offers from many more Members than the 11 I was allowed to use. I am sure that the people of Gibraltar will take great pride in the amount of support that there is in this House for their interests. Many right hon. and hon. Members have great affection for the people of Gibraltar. That is vital at a time when Gibraltar needs the support of the British Government.

The Bill would define the territorial waters of Gibraltar in primary legislation as 3 nautical miles from the coast of Gibraltar. I do not wish to anger Spain by introducing this Bill. Spain is a key ally, friend and neighbour of the UK. I therefore believe that we should be polite, clear and firm in our approach to this sensitive issue. I believe that cementing in our statute book a definition of the Gibraltan territorial waters would be the most agreeable way forward.

I decided to introduce the Bill after visiting Gibraltar and seeing at first hand the frustration of its people that their waters are not being protected. In the summer, various news reports showed scores of people waiting at the border to enter Spain. That stemmed from an argument that the Spanish were having with Gibraltar over their territorial waters. In July, Gibraltar dropped 70 concrete boulders into the waters around its coast to create an artificial reef. The purpose of the reef was to protect marine life in the area and to ensure that fish stocks improved. The Spanish press were strongly against the reef and claimed that the boulders were stopping Spanish fishermen being able to fish, as their nets were being destroyed. In fact, only one Spanish fisherman was affected by the reef.

Spain has used the same kind of concrete reef in its waters as part of an EU project to protect and improve fish stocks. It has received millions of pounds in EU funding to produce that reef. I do not know why Spain has turned on this kind of reef, nor why it decided to use the reef as an excuse to hold up Gibraltan people who were passing into Spain at the border.

What I do know is that the Gibraltan people are proud of their membership of the EU and want to work with Spain to their mutual financial benefit. That does not take away from the fact that they are immensely proud of their Gibraltan heritage. During the recent tensions, Gibraltarians have begun to treat the artificial reef as a hero and have affectionately named it “Reefy”. It has become a symbol of their national identity and an unofficial logo for their national day celebrations.

It is clear that Spain is choosing to flout the historically recognised boundaries of Gibraltan waters. It is time for Britain to stand firm and make it clear to Spain what the legal boundaries should be. I do not want to see a repeat of the incident in which a British jet skier was hounded and fired at with plastic bullets by the Spanish Guardia Civil while in Gibraltan waters.

The Bill has become even more relevant in the past week because a Spanish navy patrol boat has again been found sailing 2 miles off Gibraltar without the relevant permissions. The vessel, which was carrying out fisheries and coastal patrol duties, was challenged by the Royal Navy as it sailed in the waters south of the Rock of Gibraltar. The Spanish ship lingered in Gibraltan waters for 30 minutes before moving off. I understand that the Gibraltan Government will be launching a diplomatic protest about that incident, which showed that the Spanish are not letting up their campaign. We must step up a gear and legislate to define Gibraltar’s waters.

Gibraltar was formally ceded to the British in article 10 of the treaty of Utrecht 1713. At the time no mention was made of its territorial waters, and some have made much play about that. In reality, however, the right of every country to define its territorial waters is clearly defined in international law, and 18th-century international treaties provided for a claim of up to 3 nautical miles. In 1982, the UN convention on the law of the sea gave us the right to 12 nautical miles, or the middle of the sea where the two waters overlap. That treaty was ratified by the United Kingdom and Spain. Admittedly, the Spanish issued a statement at the time, but—critically—they signed the convention anyway, making the Spanish claim to Gibraltan waters baseless in international law. The British and Gibraltarians have never chosen to take 12 nautical miles. We have long believed that three are enough, and it would be wrong to claim more territorial waters than are needed, especially given the sensitivity of the issue. Nevertheless, the Bill does not close the door for Gibraltar to claim 12 nautical miles in future should it wish.

My Bill aims to enshrine in law a position that has already been formally adopted for many years and that recognises a 3 nautical mile stretch of water as Gibraltar’s. Indeed, questions have been raised in the past about why Gibraltar does not stake its legal claim to 12 nautical miles of territorial waters. That issue was the subject of a Foreign Office question on 14 February 2006, when the then hon. Member for Hereford asked why we do not claim the full 12 nautical miles. The shadow Foreign Secretary, then a Minister in the FCO, stated:

“Under international law, States are entitled, but not required, to extend their territorial sea up to a maximum breadth of 12 nautical miles. Where the coasts of two States are opposite or adjacent, the general rule is that neither is entitled, unless they agree otherwise, to extend its territorial sea beyond the median line. The UK Government considers that a limit of three nautical miles is sufficient in the case of Gibraltar.”—[Official Report, 14 February 2006; Vol. 442, c. 1902W.]

Of course Gibraltar could at some point in future claim the full 12 nautical miles, but the aim of the Bill is to claim 3 miles of territorial water in legislation, making the greatest effort to keep a good working relationship with Spain while supporting the interests of the Gibraltarians. Should the Bill be passed, it will complement the work of Gibraltar’s coastguard agency, which has been protecting 3 miles of territorial waters since 2011. The dedication of that team who, among other tasks, conduct general patrols of territorial waters and enforce shipping laws and port rules, should be applauded. By backing the Bill we are supporting the hard-working team who work tirelessly to protect Gibraltan waters.

I was lucky enough to visit Gibraltar recently, along with other Members of the House, many of whom are sitting on these Benches today. The overwhelming feeling we received was the pride that the Gibraltarians feel for their country, and their independence was astounding. We as a country should never forget the Gibraltan people and their right to decide their own destiny, and I fully support my right hon. Friends the Prime Minister and the Foreign Secretary when they say that we must never enter into any discussions about the sovereignty of Gibraltar without its say so.

It is also important that when the Gibraltarians are crying out for assistance and assurance, we act in the clearest and strongest way possible. Let me be clear: Spain is our ally and friend, but we must not let Gibraltar be bullied by Spain for that reason. Spain should embrace Gibraltar as Gibraltar could be the financial powerhouse of that region. It could be similar to what Hong Kong is to China, but with one crucial difference—it will not be claimed back. I hope the whole House will back this Bill and send a resounding message of our support to our brothers and sisters in Gibraltar. Gibraltar has a right to its territorial waters, and this House supports that right.

Question put and agreed to.

Ordered,

That David Morris, Alec Shelbrooke, Andrew Rosindell, Bob Stewart, Mr Angus Brendan MacNeil, Mr Graham Brady, Mr Nigel Evans, Caroline Dinenage, Ian Paisley, Sir Gerald Kaufman, Jim Dobbin and Sir Peter Bottomley present the Bill.

David Morris accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 28 February 2014, and to be printed (Bill 115).