Gibraltar

Debate between Gerald Howarth and Martin Horwood

Thursday 8th January 2015 Commons Chamber

[Martin Horwood]

The hon. Gentleman might be right and I accept what he says in good part.

The Spanish Government have withdrawn from the trilateral forum for dialogue, which provided a framework for discussion between the three Governments. They have committed to unravel agreements entered into under the trilateral forum to which Spain had signed up. The Spanish Foreign Minister, Senor Margallo, has called that putting the toothpaste back into the tube. In response, we should tell him that that is generally a messy and pointless process. He has also used slightly more aggressive language. The Select Committee refers to his comment that “play time is over” with respect to Gibraltar, which is intimidating vocabulary. It is unfortunate that it comes from a fellow European democracy.

One arrangement entered into under the forum was that Spain promised to respect the inclusion of Gibraltar airport in EU civil aviation measures, which an hon. Member mentioned. In fact, Spain’s objections have disrupted the single European sky project. “Single European sky” is a phrase calculated to send Eurosceptic Members purple with rage, but it does not mean that Brussels is trying to take over our skies. It is a perfectly sensible and safe improvement to air traffic control measures. It includes Norway and Switzerland, so it does not require membership of the European Union.

[Sir Gerald Howarth]

I am not sure whether my hon. Friend and I have agreed on anything substantial before, but I thought it important to put on the record that what he says about the single European sky is absolutely right. As a Eurosceptic and an aviator, I am fully in support of this sensible co-operative measure.

[Martin Horwood]

The European Union has hidden benefits, which come out in detailed analysis.

Spanish aggression has not finished there. There continue to be delays at the border caused by intensive Spanish controls, which the European Commission has described as disproportionate and which seem to have got worse since the Committee’s report was published. I am told that the delay to enter Spain was about five hours on 1 December, and there have been regular delays of more than an hour going in the other direction. That does not just disrupt life for Gibraltarians; it disrupts life for the 10,000 cross-frontier workers, almost all of them Spanish. We have also seen serious incursions into British Gibraltar territorial waters by Spanish paramilitary or naval vessels. They entered Gibraltar waters more than 100 times just in December 2014, some incursions being rather more serious than others.

What do we do about this? The British Government have to strike a balance between the firm response that all hon. Members are calling for today and avoiding making the situation worse. Walking out of meetings is probably a manoeuvre that has to be used with some caution. We do not want needlessly to escalate or provoke a negative response from the Spanish. Yet, as the Committee’s report rightly points out, the idea of trying to defuse and de-escalate the dispute has not produced many results. Some detailed points in the report, such as those on the delays in lodging protests about some of the incursions into territorial waters, are well made. They send a bad diplomatic signal, and it is good that they have been tightened up.

Other measures can be considered. The UK Government should commit to taking legal action if Gibraltar airport is excluded from any EU civil aviation measures. That is a clear, calm, rational, legal process to enter into, and I would be interested to hear the Government’s response. We should certainly press the EU Commission to pay more attention to the monitoring of the border between Spain and Gibraltar, which it has said is unacceptable. It should send a permanent monitoring mission to that border to see exactly what is going on. I am sure that the British Government, and perhaps the Government of Gibraltar, would be willing to assist with that logistically and financially.

Another interesting possibility, which is discussed in the Select Committee’s report, is the idea of Gibraltar joining the Schengen agreement. That might well reduce some of the obvious problems in the areas of dispute if it was practically supported by other member states. The difficulty pointed out in the report is that the acquis is carefully defined in the European treaties, so it might require treaty change, but treaty change is in the air in Europe. There may be a possibility of treaty change in the next few years, and it might be worth taking up the opportunity of treaty change to include that as a de-escalatory measure. Technically, under Liberal Democrat policy, that would represent an increase in power, albeit a small one, from Britain to Brussels, and would therefore trigger an in-out referendum, but we might be able to embrace that at the time. We need to explore these possibilities in all seriousness. Even if a treaty change might not seem practical right now, if it is possible in the near future, we should consider it.

We should certainly look at what tougher action we can take to prevent and deter incursions into Gibraltar’s territorial waters. Serious sovereignty considerations are at stake here, and, as hon. Members have pointed out, there are fears for the safety of the crews of the Royal Navy, the Royal Gibraltar police and the Gibraltar defence police and of the Spanish vessels involved in these disputes and encounters, which in some cases are proving quite dangerous. Arresting the Spanish vessels might be seen as extremely provocative, but we need to hear from the Minister a new, robust approach to the matter in future.

The people of Gibraltar have a right to self-determination. Spain as well as this country should respect that fundamental democratic right, which is enshrined in the United Nations covenant on civil and political rights. In the past, the Government have supported the right of the people of Gibraltar to determine their own future. The Select Committee supports that right, and the House should support it today.