Diplomatic Relations (Spain)

Nigel Evans Excerpts

Wednesday 27th November 2013 Commons Chamber

[Mr Nigel Evans (Ribble Valley) (Ind)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on diplomatic relations between the United Kingdom and Spain in the light of recent escalating events concerning Gibraltar, most recently the searching of a diplomatic bag as it was leaving the Rock.

[The Minister for Europe (Mr David Lidington)]

On Friday 22 November, two British Government bags containing official correspondence and communications, and clearly marked as such, were opened by Spanish officials while the bags were in transit. That represents a serious interference with the official correspondence and property of Her Majesty’s Government, and therefore a breach of the principles underlying the Vienna convention on diplomatic relations, and the principle of state immunity. We take any infringement of those principles very seriously.

Following reports of the incident, the Foreign and Commonwealth Office made representations to the Spanish Ministry of Foreign Affairs and Co-operation at senior level over the weekend of 23 and 24 November, and the British Embassy in Madrid submitted a formal written protest to the Ministry on Monday 25 November. In our protests we requested an urgent explanation of the incident from the Spanish Government, and sought assurances that there will be no further interference with the UK’s official correspondence. The unauthorised opening of UK official communications, including diplomatic bags, is a matter of grave concern and we made that clear to the Spanish Government. If the Spanish authorities had concerns about the contents of our bags, internationally accepted practice would require them to contact the British authorities.

We have now received an explanation from the Spanish Government and been assured that we will not see a repeat of those actions. As the Spanish authorities know, overriding international principles provide for both state immunity and the freedom of official communication between a state and its representatives. Tampering with the bags was a breach of the principles embodied in the Vienna convention on diplomatic relations. The UK strictly adheres to those principles, and expects other states to do the same.

We are maintaining strong pressure on the Spanish Government to de-escalate current tensions and work with us to manage our differences through diplomatic and political routes. A major escalation could harm all parties, not least the many thousands of Spanish families who benefit, directly or indirectly, from the economic prosperity of Gibraltar. The UK wants to maintain a strong bilateral relationship with Spain across a range of policy areas, and such a relationship benefits the interests of this country, Gibraltar and Spain alike. We have reiterated to the Spanish Government the Foreign Secretary’s proposal of April 2012 for ad hoc talks involving all relevant parties, and there have been constructive discussions with the Spanish about these proposals.

[Mr Evans]

I am grateful to the Minister of State for that response. As he said, the serious incident last Friday goes against the 1961 Vienna convention on diplomatic relations. Official correspondence and diplomatic bags should simply not be tampered with. Last time anything such as this happened was 13 years ago with the Zimbabwean regime of Robert Mugabe—not the best company to be associated with. This is the first time that an EU state or NATO ally has opened a UK diplomatic bag, violating the 1961 Vienna convention. That enormously serious breach comes on top of tedious and spiteful delays at the Gibraltar-Spanish border, and the incursion of a Spanish vessel into waters off Gibraltar. The deterioration of relations between the United Kingdom, Gibraltar and Spain serves nobody well.

The Spanish ambassador was summoned to the Foreign Office last week but clearly that has not had the desired effect. Nobody wants a further escalation of events or further deterioration in relations, but at the same time Spain must be made to know that its actions are intolerable, unwarranted, and will be met with an appropriate response, defending the rights of the people of Gibraltar and respecting international conventions. What actions will Her Majesty’s Government take to ensure that once and for all Spain gets the message? Hands off the Rock!

[Mr Lidington]

I think the Spanish authorities are in no doubt about the Government’s resolve and, I believe, the resolve of the House as a whole that there should be no transfer of the sovereignty of Gibraltar to any other country, unless that were freely consented to by the people of Gibraltar. I reiterate that we will not engage in any process of talks or negotiations about sovereignty with which Gibraltar is not content. I hope that that reiteration will be some assurance to my hon. Friend.