Gibraltar Treaty

Lindsay Hoyle Excerpts

Thursday 26th February 2026 Commons Chamber

[The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty)]

With permission, I wish to make a statement on the UK-EU treaty in respect of Gibraltar. First, I welcome the presence in the Gallery of His Majesty’s Governor of Gibraltar, His Excellency Lieutenant-General Sir Ben Bathurst. Given his previous commands, I also take the opportunity to wish him a very happy St David’s day in advance—dydd gŵyl Dewi hapus—which I share with all the House and, indeed, with the people of Gibraltar. It is also a pleasure to have you in the Chair, Mr Speaker, given your own strong support for and associations with Gibraltar, not least in relation to the university.

After five years of tireless and complex work and dozens of rounds of negotiations, I am pleased to inform the House that we have published a draft version of the treaty. I am depositing a copy of the draft treaty in the Library of each House, together with an accompanying summary document. I am delighted that we have reached this moment, which heralds a new era of security, prosperity and stability for Gibraltar and the surrounding region and, crucially, protects British sovereignty over the Rock.

For more than 300 years, the Rock has been a hugely important part of the British family. Its people are British citizens, and our commitment to them remains absolute. This Government have taken seriously their responsibility to protect Gibraltar’s unique position and to secure post-Brexit arrangements that deliver on that responsibility. This draft treaty protects jobs and livelihoods for the people of Gibraltar and offers a stable framework for their relationship with the European Union, removing the uncertainty they have faced since Brexit. In short, it shows what real diplomacy and co-operation can achieve. It is the result of sustained and effective efforts on the part of the United Kingdom, His Majesty’s Government of Gibraltar, the European Union and Spain.

His Majesty’s Government of Gibraltar have been at the table at every stage of the negotiations; nothing has been agreed without their full support. I place on the record my appreciation for the Chief Minister, the Deputy Chief Minister and their teams, who played vital roles in securing the best outcome. I also pay tribute to UK negotiators, including our teams in Brussels, Madrid, London and Gibraltar. Their diligence and diplomatic skill have ensured that this treaty protects UK sovereignty and delivers practical outcomes for citizens and businesses on both sides of the border.

Now let me reflect on some of the detail. Around 15,000 people cross the land border between Spain and Gibraltar every day—half of Gibraltar’s workforce. The treaty removes all checks on people and goods at that border; instead, dual immigration checks will take place at Gibraltar’s airport, with Gibraltar conducting its own controls and Spain, as the neighbouring Schengen state, conducting checks on behalf of the European Union, in a model similar to the French police operating at St Pancras.

Let me be clear: Gibraltar is not joining Schengen. Immigration, policing and justice remain the responsibility of its own authorities. British sovereignty over Gibraltar, including British Gibraltar territorial waters, is fully upheld and explicitly protected. Crucially, the United Kingdom’s military facilities and operations on the Rock remain under full UK control. The treaty also establishes a bespoke customs model that removes the need for routine goods checks at the land border and strengthens co-operation between customs authorities.

Gibraltar will align its import duty rates on goods with EU rates. That will allow people to cross the border with everyday goods, such as shopping, without declarations or additional charges, bringing an end to long queues for workers, businesses and visitors. Having been in those queues myself, I know that that will make a substantial difference. To be clear, Gibraltar will not apply VAT or any other sales tax, and its vital services industry will not be affected.

The result is a pragmatic agreement and arrangement that protects Gibraltar’s way of life, supports its economy and strengthens cross-border co-operation, while safe- guarding the United Kingdom’s sovereignty position. It also gives businesses the certainty that they have sought for many years, allowing them to plan and invest with confidence. The conclusion of the negotiations also reflects the wider, transformed change in tone and trust that this Government have rebuilt with our European and EU partners, including Spain—a crucial NATO ally and economic partner. It represents a new era of co-operation and delivery for growth and security.

As with the UK-EU summit last year, the agreement shows that a constructive, problem-solving relationship with the European Union can deliver real benefits for British citizens. We are publishing the draft treaty alongside the European Union while legal teams complete final checks and translations, so that all Parliaments with an interest can have access to it on the same timeline.

The publication of the draft today marks a milestone, but it is not the formal end of the process; the final version of the treaty will be laid in the UK Parliament for scrutiny before ratification, in accordance with the Constitutional Reform and Governance Act 2010. We will continue to work closely with the Government of Gibraltar, the European Union and Spain as we move towards signature and implementation, and I will update the House as that work progresses.

In conclusion, this is a significant achievement for Britain, for Gibraltar and for our wider European partnerships. It shows this Government’s commitment to fixing problems, supporting our overseas territories, and defending Britain’s interests with clarity and confidence. With this treaty, Gibraltar can look to the future with certainty. Its people can be reassured that their way of life is protected. To quote the Chief Minister today, the treaty

“provides a springboard to stability, certainty and a modern partnership with the EU. And it does so without affecting our fundamental, inalienable right to remain British in every respect. Indeed, the Agreement makes absolutely clear that nothing in the Agreement or any supplementing arrangements shall affect sovereignty.”

In the words of my right hon. Friend the Deputy Prime Minister, our commitment to Gibraltar remains, as ever, as solid as the Rock. I commend this statement to the House.

[Mr Speaker]

I call the shadow Minister.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am grateful to the Minister for bringing this statement to the House and for allowing me to have advance sight of it, but let me be clear: Parliament is reacting to events, rather than being respected as part of the process.

For weeks, detailed provisions of the treaty have circulated in the press before Members of this place have been permitted to see any legal text. That is not how serious constitutional business should be conducted. Now that we have the text, proper scrutiny must follow in this place and in Gibraltar. As we have consistently said, this must be a deal that the Government, the Parliament and, above all, the people of Gibraltar are comfortable with. It is right that the democratically elected Government of Gibraltar have led negotiations and prioritised a free-flowing border, but trade-offs come with that, and it is our duty to examine them carefully.

The sovereignty clause states that nothing in the treaty alters the respective legal positions of the UK or Spain, but sovereignty is not simply about words; it is about how arrangements operate in practice. What recourse does the United Kingdom have if there is an operational overreach by Spain, including in the exercise of border control powers within Gibraltar’s port and airport? Will British citizens be subject to the 90-day Schengen rule in Gibraltar? What is the reciprocal position for Spanish citizens, and what protections exist for British nationals with long-standing ties to Gibraltar who do not hold Gibraltar ID cards? What mechanisms are in place to resolve disputes when asymmetric decisions are taken at the border?

On customs, processing at EU-designated points in Spain and Portugal raises practical and constitutional questions. What oversight will the UK have, and what recourse exists if those arrangements fail to operate effectively? What protections are there for imports of British goods and for Gibraltar’s distinct economic model, particularly its financial services sector? Have the Government’s impact assessments fully examined UK-Gibraltar trade flows and potential adverse effects?

We must also address dynamic alignment. The treaty does not merely apply a fixed list of EU laws; it provides for future EU Acts listed in the annexes to be adopted and implemented, with serious consequences if they are not. Can the Minister explain clearly how this mechanism will operate, and how Gibraltar and the UK will avoid becoming subject to ongoing EU rule-taking without meaningful political control?

The treaty requires consistent interpretation of applicable Union law in line with case law of the European Court of Justice. In which precise areas will EU law bind Gibraltar’s domestic arrangements? What assessment has been made of the implications of future rulings for Britain’s national interest?

I must also draw attention to article 25 and its reference to the European convention on human rights. Will the Minister clarify how that provision operates within the treaty framework, and does adherence to the ECHR form a continuing condition of the agreement? No international agreement should pre-empt or constrain the sovereign right of this Parliament to determine the UK’s constitutional arrangements. Will the Minister confirm that under this treaty an EU national may have access to Gibraltar through the land border without restrictions, but a British national travelling from the UK could be banned from entering at the airport, including on the say of those carrying out Spanish border checks? More broadly, what domestic legislation will be required to give effect to the treaty, and will Parliament have the opportunity to amend it in the normal way?

On national security, Gibraltar’s naval base is of immense strategic importance. Will the Minister give an absolute assurance from the Dispatch Box that nothing in this agreement—now or through future implementation —can directly or indirectly impact the operations, freedom of action, access arrangements or security of the UK’s naval base in any way whatsoever?

Finally, process matters. Given the scale of the agreement, it is not possible to cover all its implications in this short exchange today. There are serious questions about the operation of the border and dual checks, the role of Spanish authorities at the airport, customs and taxation arrangements, business impacts, the adoption of future EU Acts listed in the annexes, ECJ interpretation and the domestic legislation required to implement the treaty. The Minister has said that it is a draft, so when does he expect it to be finalised? When will the CRaG process begin? There has been talk of early implementation, with Gibraltar suggesting 10 April. Can the Minister please clarify that? There must be time for the CRaG process, and it must be meaningful. Provisional application on 10 April must not reduce parliamentary scrutiny to merely a rubber stamp. Gibraltar has stood resolutely British since 1713, and its people have repeatedly affirmed that choice. Any treaty must be examined line by line by this Parliament.