Gibraltar and Spain

Debate between Jack Lopresti and Angela Watkinson

Wednesday 14th October 2015 Westminster Hall

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

I beg to move,

That this House has considered Gibraltar and relations with Spain.

It is a pleasure to serve under your chairmanship, Mr Betts, for this very important debate. I wish to declare an interest, as chairman of the all-party group on Gibraltar. I also recently visited Gibraltar to take part in its national day of celebrations as a guest of the Gibraltar Government.

I understand that there were 285 unlawful incursions of Spanish state vessels into British Gibraltarian waters in the first eight months of this year, and more than 80 in September alone. I hope the Minister will update us on the current situation in his response.

There was also an extremely dangerous incident in August this year, when a Spanish state vessel fired live rounds at anglers on a Gibraltarian pleasure boat. The Royal Gibraltar Police apprehended the vessel and searched it, and no sign whatever of any illicit activity was found. Members may be surprised to hear that the Spanish Government denied the use of live rounds until video evidence of the incident materialised. All the Spanish authorities need to do is communicate with the British Gibraltarian authorities if they are chasing criminal suspects—a system that works well elsewhere around the world. Currently, Spain is putting lives at risk in a needless and seemingly casual manner.

On the matter of British Gibraltarian waters, Spain’s former ambassador, José Antonio de Yturriaga, has said publicly that Madrid’s position on British Gibraltarian territorial waters has no legal basis and that the Spanish Foreign Office has legal opinions that confirm this. According to published reports, the current Spanish Foreign Minister recently acknowledged at a university seminar that the Spanish position on the waters around Gibraltar would be very difficult to defend in court.

It is clear that the treaty of Utrecht in 1713 did not specify territorial waters, because the three-mile—later 12-mile—rule as far as territorial waters are concerned had not yet come into existence. The principle is today enshrined in article 2 of the United Nations convention on the law of the sea, which Spain signed. Although Spain attempted to exclude itself from that clause when signing the convention, it was not able to do so under the agreement.

Interestingly, I read recently that for most of the past 300 years the waters under British control around Gibraltar were much larger and stretched on to several hundred metres of Spain’s south-eastern coastline. Spain was aggrieved that the waters off a section of its coastline were under the jurisdiction and control of another state, and made frequent complaints to Britain. It seems it was under Franco in the late ’60s that Spain came up with the absurd idea that Gibraltar should have no territorial waters. Before that, the Spanish just wanted the equidistance principle—the internationally accepted standard line, requiring countries’ seas to be divided along a median line. Essentially, Spain’s view on and behaviour concerning British Gibraltarian territorial waters has no standing at all in international law, and Madrid is very aware of the fact.

[Dame Angela Watkinson (Hornchurch and Upminster) (Con)]

As my hon. Friend rightly says, the incursions by Spain into Gibraltarian territorial waters have been going on for a considerable time. Spain has been throwing down the gauntlet with these provocative incursions and is clearly saying, “What are you going to do about it?” Is it not time for the United Kingdom to say what we are going to do about it?

[Jack Lopresti]

I agree completely. The fact is that Spain— a NATO and European ally—is so consistently and flagrantly breaking the law that it is astonishing. Spain’s ban on NATO forces moving between Gibraltar and Spain, overfly rights and travel between ports is quite simply to the detriment of western security. The fact that the Spanish will not allow RAF aircraft to overfly Spanish airspace on their way to and from Gibraltar results, I understand from the last speech by my hon. Friend the Member for Aldershot (Sir Gerald Howarth) in the House on the matter, in a cost to the British taxpayer of an additional £5,000 to £10,000 for each flight. Our military resources are finite. Spain seems to feel it acceptable to reduce NATO’s defensive capacity by causing totally unnecessary extra costs, yet we are bound by article 5 of the NATO Washington treaty to expend British “blood and treasure” if Spain ever finds itself under attack.

At the same time, Spain continues to allow Russian naval vessels to refuel at its territory of Ceuta. The press reported that a state-of-the-art submarine had a three-day visit to the port of Ceuta in August this year. It was allowed to take on fuel and water while its crew enjoyed shore leave and Ceuta’s amenities. It is believed that the Russian submarine was headed for the naval base at Sebastopol, although the Russian military denied that. This is at a time when NATO insists that the alliance has suspended all practical co-operation with Russia. It seems Spain organised that with Russia directly against NATO’s and Europe’s position on Russia. Will the Minister explain how that is acceptable and allowed to continue?

Spain seems to be trying to wage some sort of economic warfare on Gibraltar with the ongoing issue of border delays. As the Foreign Affairs Committee report last year made clear, much of the evidence against the border delays came from Spanish workers who commute into Gibraltar on a daily basis. That is still a major problem, but Madrid is not being successful. Gibraltar is a fantastic economic success story, with impressive economic growth. Its GDP for 2013-14 increased by more than 12% in nominal terms, and I understand that forecasts for 2014-15 show a further 10.3% increase—a higher GDP per capita, which is a measure of living standards, than the UK and Spain as a whole, and greatly higher per head than its neighbours in Andalucia. GDP per capita for Gibraltar is forecast to be £50,941 in 2014-15, a long way above that of Andalucia, where GDP per capita was £13,300 in 2014, and higher even than Madrid’s, which was £25,000 per capita in 2014. It is unsurprising that up to 10,000 Spaniards a day cross the border to work in Gibraltar.

The Chief Minister said this week in London that the OECD has confirmed that in terms of financial regulation, Gibraltar is alongside Britain, Germany and the US as the best in the world. Spain’s oft-used propaganda insinuating the opposite about Gibraltarian business has been completely discredited.