UK Relations with Gibraltar and Spain

Ian Paisley Excerpts

Tuesday 19th November 2013 Westminster Hall

[Jim Dobbin]

I could not have put the point more clearly than the hon. Gentleman has done. The recent events highlight the serious situation that the British Government and the Government of Gibraltar are dealing with. The ongoing dispute ignores the wishes of the people of Gibraltar to remain British, as expressed in their referendum.

[Ian Paisley (North Antrim) (DUP)]

I congratulate the hon. Gentleman on securing this important debate. Given the catalogue of events that he has clearly outlined, does he agree that the European authorities have demonstrated utter cowardice in failing to recognise that Spain has breached European rules and regulations in the way in which it has approached a fellow member state? Does he look forward to the establishment of more crossing lanes between the Rock and Spain and the introduction of better risk proofing, to allow people to cross that border more quickly?

[Jim Dobbin]

As I said in response to the right hon. Member for Belfast North (Mr Dodds), I intend to address the European decision. As chairman of the all-party Gibraltar group, I want the Prime Minister, the Foreign Secretary, the Minister for Europe and the Leader of the Opposition to know that the people and the Government of Gibraltar appreciate how supportive they have been during this trying time. I also recognise the diplomacy of the present Chief Minister, Fabian Picardo, his predecessor, Peter Caruana and his predecessor, Joe Bassano. They have all led the Government of Gibraltar in a very diplomatic way.

--- Later in debate ---

[Mark Simmonds]

The hon. Gentleman makes a good point. It is certainly unsurprising that the Commission has been unable to conclude that EU law has been infringed; the border operated much more smoothly than normal during the Commission’s visit. That is not the same as confirmation that Spain has acted lawfully. We continue to provide information and evidence to the Commission. We do not believe that it backs Spain’s claims that the checks are not politically motivated. Actions for Spain were up front in the Commission’s statement and we hope that the Spanish will make public the letter that they received from the Commission. We fully expect Spain to act on the Commission’s recommendations.

The Commission is clearly concerned about the situation. It is committed to remain engaged and to follow up in six months’ time. It has reserved the right to reconsider its position and has explicitly offered what the hon. Gentleman suggests: a further visit to the border. He makes a good point about Spain not being notified so the Commission can see what is going on. The Commission has made it clear that it is concerned and will revisit if required.

The Chief Minister of Gibraltar has welcomed the recommendations made to Spain on areas that could make a difference at the border and stressed that the Government of Gibraltar will work closely with the Commission to deliver against the recommendations made to Gibraltar. It is true that the Commission has at this stage been unable to conclude that EU law has been infringed, but that is quite different from confirmation that Spain acted lawfully.

[Ian Paisley]

I welcome the Minister’s interpretation, but may I ask him to go a little further? The European authorities said that Spain must share intelligence with Gibraltar. That would be a recognition of Gibraltar’s self-determination to be a separate place from Spain, because they would share intelligence as equals. Can he ensure that intelligence will be shared between Gibraltar and Spain to prevent some of the troubles that have occurred?

[Mark Simmonds]

The hon. Gentleman will not be surprised to hear that I will not comment on intelligence in this forum. There is a keen urgency about the necessity for ad hoc talks between Spain, the UK and Gibraltar. Officials are working to ensure that those discussions take place again.

My hon. Friend the Member for Gosport raised Spanish incursions into Gibraltarian territorial waters. The Government take seriously their responsibility to ensure Gibraltar’s security. We do not rule out any measures that are necessary to defend Gibraltar and ensure its security against a genuine threat. We believe that the unlawful incursions by Guardia Civil vessels and other vessels of the Spanish state are merely a futile attempt to assert Spain’s legal position in respect of the waters. They are not acts of war and they do not weaken or undermine the legal basis for British sovereignty over Gibraltar and British Gibraltar territorial waters. The British Government are committed to upholding British sovereignty. The Royal Navy challenges all unlawful incursions by Spanish state vessels though radio warnings and close monitoring of Spanish state vessels until they leave Gibraltarian waters. We also make formal protests to the Spanish Government about all such incursions on diplomatic channels, ensuring that the Spanish understand that those incursions are unacceptable violations of British sovereignty.