Draft UK-EU Agreement on Gibraltar

Jim Shannon Excerpts

Wednesday 8th July 2026 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a real pleasure to serve under your chairship, Sir John. I thank the hon. Member for Brigg and Immingham (Martin Vickers) for securing this incredibly timely and crucial debate. It is nice to see some representatives of Gibraltar in the Public Gallery, as well as one of our old friends from this House. It is good to see the Minister in his place, and I wish him well in his job. He always gives us encouragement, and he will no doubt do the same today.

When the Minister stood up in the main Chamber back in February to outline the massive 1,000-page document, I was reminded of a wise old saying that my dear mother used to repeat when I was a wee lad with black, curly hair—I had hair at one time, believe it or not. That saying was, “Once bitten, twice shy.” The hair is long gone, but the wisdom of that saying firmly remains. My mother is 94 years of age and next Tuesday, 14 July, she will be 95 if God spares her until that time. The people of Northern Ireland have been bitten hard, which is why “once bitten, twice shy” comes to mind.

I should have said that it is a real pleasure to follow the hon. Member for Leeds South West and Morley (Mark Sewards). We might be on different sides of the Chamber, but it is remarkable how much he and I agree on. If there was a party somewhere between Labour and Conservative, I think we might find ourselves in it, or maybe we will just be in both—well, he cannot be, but that is by the way.

As I said, the people of Northern Ireland have been bitten hard. We have seen what happens when the United Kingdom signs a treaty with the European Union in good faith, only to find ourselves a slave to foreign diktats, with our internal trade disrupted, our state aid hampered and our constitutional place in this great Union of Great Britain and Northern Ireland chipped away.

I have been to Gibraltar only once in my life, and that was with the armed forces parliamentary scheme. I remember that Gibraltar drips Britishness, and I mean that constructively and positively. We were encouraged to meet the Royal Gibraltar Regiment and to know that we are a part of them. There is a bit of England, Scotland, Wales and Northern Ireland in Gibraltar. It is all there, and Gibraltar is very close to our hearts.

When I look across the water at our loyal, steadfast fellow Brits on the Rock of Gibraltar, I do so with an eye of deep caution. I will make my point constructively and respectfully to the Minister. He knows I am very fond of him; in fact, we all are. In the past, he has reassured us that the agreement will bring “fluid” borders. He told us that it will boost the economy, eliminate long queues and align import duties so that ordinary people can do their daily shopping without a mountain of paperwork.

I do not doubt the good intentions of the Government and of the Minister in particular. The Chief Minister of Gibraltar and his Parliament have worked tirelessly, and they have even asked for a referendum on the final text to let the people have their democratic say. I praise them for that, and I thank them for all they have constructively done to try to find a way forward that protects them. We want to protect them as well.

We must look at the fine print of these 1,000 pages. The treaty proposes a hybrid governance model. It pulls Gibraltar into the Schengen area and places it under significant levels of EU law. We are talking about dual border control checks at Gibraltar airport, involving not just Gibraltarian officials but Spanish officials having their way on British territory, which concerns me.

What real safeguards do we have? If the European Court of Justice is given the final say on the interpretation of these laws, as I understand it will, how can we truly look the people of Gibraltar in the eye and say that their British sovereignty is uncompromised? That is the question. We cannot allow Spain to use the European Union’s legal machinery to slowly strangle the Rock’s independence and British identity, just as the Northern Ireland protocol attempted to separate my Strangford constituency and Northern Ireland from the rest of Great Britain.

The people of Gibraltar are fiercely, proudly and unapologetically British. Over the years, they rejected joint sovereignty by almost 99% in two separate referendums. That is the sort of election result we all need, and what encouragement it would be if it were to happen. They fly the Union Jack with a pride that matches any town or village in my constituency. I put up my Union flag over the weekend, as it is a special occasion with 12 July coming up—we always have it in place at this time of year.

Gibraltarians have stood by the United Kingdom through thick and thin. Their strategic military base remains a vital asset for NATO and the defence of the realm. The Rock, by its nature, conveys strength. When I was there with the armed forces parliamentary scheme we had the opportunity to go through some of the tunnels in the rock, and I can understand why it is a bastion of military strength.

While the treaty moves towards formal signature and parliamentary ratification under the CRaG process, I urge the Government not to rush this. Examine the treaty line by line and listen to the community’s concerns. I am a man of Scripture, as I know you and many others in the House are, Sir John. Psalm 62 says:

“He only is my rock and my salvation, my fortress; I shall not be…shaken.”

The Rock of Gibraltar is that very place; it stands firm and will not be shaken. We must stand steadfast and ensure that the United Kingdom’s sovereignty over Gibraltar is not just a symbolic phrase written on a piece of paper to save face, but a practical, iron-clad reality on the ground. Let us not make the same mistake twice; let us protect the Rock, its people and our great United Kingdom of Great Britain and Northern Ireland.

--- Later in debate ---

[Stephen Doughty]

I do envisage the treaty coming forward, but I want to ensure that we do not start the clock and then Members feel they do not have a chance to scrutinise it over the recess. The minute that the treaty is signed, it will be provided—within appropriate transmission times—to both Houses. We will ensure that we are in close contact with the Committees and that we have an agreement on the CRaG process, and we will make the appropriate statements. Sir John, you will know that the timing of statements and debates in the House is a matter for the usual channels between the Government and the Opposition, but I do not want to shy away from scrutiny, and that is why I welcome this debate. We will not try to curtail the CRaG process in any way. In practical terms, this treaty will have had far more pre-scrutiny and Committee scrutiny in this House than many other international treaties. I hope that provides some assurance to colleagues.

Members asked a number of other questions. I have covered the questions about article 2 and sovereignty. I was asked about future scenarios that might emerge with respect to the relationship between the UK and Gibraltar. It is important to emphasise that the Gibraltar Parliament unanimously passed a motion calling on the UK to ratify the treaty, subject to the existence of a concordat assuring that the UK can exercise its powers in the treaty only with the consent of His Majesty’s Government of Gibraltar, and that the people of Gibraltar have the right to determine in a referendum whether the treaty should be terminated in the future. Obviously, we hope to never get to that scenario, but it is important that we have those safeguards in place.

To answer the questions that my hon. Friend the Member for Leeds South West and Morley asked, I quote from my letter to the Chief Minister on 2 March:

“It is therefore politically inconceivable that in any normal circumstances, should a democratically elected Government in Gibraltar or indeed the Gibraltarian people determine that this agreement does not serve their interests, His Majesty’s Government would not take action.”

I hope that provides assurance, as it is certainly the tenor of my discussions with the Chief Minister and, indeed, of the discussions he has had in the Gibraltar Parliament.

I have touched on the questions about the 90-in-180-day rule, but for the record, under the agreement, non-resident British nationals can visit Gibraltar for up to 90 days, as is the case today—there is no change in that—but, as visitors will be free to enter Spain without checks, time spent in Gibraltar will count towards the 90-in-180-day requirement of the EU. Importantly, immigration into Gibraltar is and will remain the responsibility of the Government of Gibraltar. The agreement provides a unique solution, a fluid border, and puts different procedures and processes in place.

On the military base, there are lots of details, but I was asked a specific question, so I want to be clear that UK military personnel entering Gibraltar will not be subject to Schengen checks under the proposed arrangements. That will enable our facilities to continue their vital operations without interference or interruption. The posting of UK military personnel serving in Gibraltar and their families will not depend on Schengen border checks; as is the case now, the UK will decide who will serve in Gibraltar. We also have important agreements on goods entering the base. As colleagues will understand, we do not disclose sensitive operational details, but we have agreed special arrangements to ensure the functioning of the new arrangements.

[Jim Shannon]

I thank the Minister for his comprehensive response. I asked him about officials from Spain being at border control posts alongside officials from Gibraltar to oversee that work, and about the impact and influence that they may have. Can he confirm that that will be the case? What influence will the Spanish officials have? Will they oversee or counteract Gibraltar border control and customs officials?

[Stephen Doughty]

The hon. Gentleman asks a good question. The practical checks that take place at the airport are not dissimilar to the juxtaposed controls at St Pancras and elsewhere. We tried to come up with a practical solution to the new arrangement, and it is one that has the full agreement of the Government of Gibraltar. Everyone arriving at the airport will undergo Gibraltar immigration controls carried out by Gibraltar officials, followed by Schengen entry checks carried out by Spanish officials on behalf of the EU. On completion of those checks, individuals will be able to enter both Gibraltar and the Schengen area.

As I said, that set-up is similar—it is not exactly the same—to how we make the arrangements work practically at St Pancras. Of course, 18,000 people use Eurostar every day, and we have heard about the 15,000 people crossing the border in Gibraltar. The Government of Gibraltar and the different authorities are working closely on a whole series of practical and physical arrangements for how things will work—I will not go into the detail of all the different maps, plans and architect’s drawings that we scrutinised in great detail.

As was rightly pointed out by the Liberal Democrat spokesperson, another benefit of the agreement is that, subject to commercial interest, new flight routes into Gibraltar from other areas within the Schengen area could open up. Again, this will provide an economic boost and benefit. I pay particular tribute to the Deputy Chief Minister, who has taken a keen role in relation to the airport and its functioning over the years; it has been at the heart of the agreement throughout.

On customs checks and the business impacts, I recognise the points made by Members about the questions they have been asked by businesses. The UK Government and the Government of Gibraltar are confident that overall, the economic benefits of the agreement will massively outweigh any issues with changes. Obviously, there will be implementation periods for the taxation arrangements, which are for Gibraltar to decide on; for example, there will be a period coming up to the VAT rate changes.

On customs checks for businesses, to allow for free flow across the Gibraltar-Spain border, goods in Gibraltar must meet EU standards. Over half of all goods in Gibraltar arrive from the EU and already meet those standards, as do many others that arrive from outside the EU. They are going to be pre-cleared away from the land border by relevant customs officials. The Government of Gibraltar fully support that new model, which brings in the benefits of an open border and protects Gibraltar’s economy.

Points were made about security. I think there is a steadfast commitment on both sides to work together, with practical arrangements between law enforcement agencies. None of us wants anything going on in Gibraltar or indeed over the border in Spain that will put anyone at risk. We all know the types of threats, which we share. That is at the heart of the wider discussions we are having with the EU about how we better align on law enforcement and security and defence.

I want to conclude by thanking everybody for their scrutiny, which has been hugely important. I thank the all-party group for its consistent engagement over many years, and I thank friends in the Gallery for their engagement. I really do think this is a milestone moment in finalising something that was left undone by Brexit. The agreement will have practical benefits for the people of Gibraltar, for the people of the whole region, for the United Kingdom, and for the UK and the EU. There are wins across the board in the agreement. I very much hope that Members will engage with the CRaG process as it goes forward. I will keep the House fully informed, as appropriate, the minute the treaty is signed and deposited. With that, I thank Members for their contributions.