Gibraltar and Spain

Lord Luce Excerpts

Wednesday 20th November 2013 Lords Chamber

Asked by

[Lord Luce]

To ask Her Majesty’s Government what is their response to the European Commission’s monitoring report on cross-border traffic between Gibraltar and Spain.

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con)]

My Lords, I am afraid that you have the McNally and Warsi show today.

We welcome the fact that the Commission has put Spain on notice and has made recommendations to the Spanish Government to improve the functioning of the border, which, if implemented, will reduce delays. We have published the Commission’s letter to the UK and Gibraltar and we encourage Spain to do likewise. Chief Minister Picardo has welcomed this and has confirmed that Gibraltar will act on the Commission’s recommendations.

[Lord Luce (CB)]

My Lords, I am grateful to the Minister for her reply and to the Prime Minister for his strong support for the Gibraltarians. Will the Minister accept that, having visited Gibraltar at the invitation of the Gibraltar Government this month, and as a former governor, I can confirm without any doubt that border delays by Spanish authorities in the past few months have been not only disproportionate but a deliberate abuse of human rights and freedom of movement on a scale that would be totally unacceptable in any other part of the European Union and in which local Spaniards as well as Gibraltarians are suffering?

Will the Minister also accept that an average of five Spanish incursions a day into British-Gibraltar territorial waters could at any moment lead to a serious incident? Therefore, will the Government now demonstrate by deeds and not just words that we will exercise our responsibilities to Gibraltarians against this Franco-ist style intimidation by taking appropriate legal action now, by ensuring the Commission’s recommendations on broader traffic are implemented speedily by Spain, and by giving the new governor and commander-in-chief adequate resources to uphold British sovereignty?

[Baroness Warsi]

I thank the noble Lord for that further question. Of course, he comes to these matters with great expertise and experience from his involvement with Gibraltar. We are not surprised at the Commission’s conclusions in relation to border issues there. Of course, the border operated more smoothly than normal when the Commission was visiting. But I agree with the noble Lord that there are huge challenges and there continue to be huge delays at the border. We remain confident that Spain has acted, and continues to act, unlawfully.

I hear what the noble Lord says about action, but although all our options are on the table, we feel at this stage that it is best to pursue this matter through diplomatic means. It was for that reason that, after a further lengthy incursion, the ambassador was summoned to the Foreign and Commonwealth Office yesterday where we made our views clear to him.