Gibraltar: UK-EU Treaty

Nusrat Ghani Excerpts

Thursday 16th July 2026 Commons Chamber

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

Let me start by joining the Minister in expressing the Opposition’s sincere condolences to all those affected by the recent wildfires in Spain.

I am grateful to the Minister for advance sight of his statement. Our starting position is that an agreed legal basis for Gibraltar’s relationship with the EU is needed. Gibraltar deserves certainty about its future. Businesses in both Gibraltar and Britain need certainty. British citizens travelling to Gibraltar need certainty, and the many thousands of frontier workers need certainty. We need to have proper scrutiny, not least because an acceptable deal between Gibraltar and the EU has to do many things at once. It must uphold unequivocally and without qualification British sovereignty over Gibraltar and the express will of the people of Gibraltar to be part of the British family, not Spain. Every Government has a duty to defend the integrity of the United Kingdom and the British family wherever it exists. It must also deal with the practical realities of the frontier and Gibraltar’s economy.

However, we find ourselves in the extraordinary position that, with the treaty signed and provisional application under way, and even with the final sections of the frontier fence now removed, Parliament has still not been afforded a proper debate in Government time to scrutinise this agreement. Since the agreement was announced, the shadow foreign affairs team has asked five urgent questions and numerous oral and written parliamentary questions to try to establish the Government’s intentions, often receiving unsatisfactory non-answers. The FCDO is responsible for Britain’s treaty obligations, but it has been the Government of Gibraltar, including the Chief Minister, who have all too often kept Members of this House informed. I thank them for that.

Even today in this statement, there is no mention of the Constitutional Reform and Governance Act process and scrutiny, so I ask again for confirmation that the 21 sitting day CRaG process will apply. Will the Minister set out the timetable for that today? We cannot have a repeat of the way the Government have tried to avoid scrutiny with the Chagos deal.

On the substance of the deal itself, starting with the military base, can the Minister offer an unambiguous and unequivocal guarantee that nothing in this agreement constrains the operation, freedom of action or sovereign control of His Majesty’s armed forces in Gibraltar? Britain’s military base is not a matter for compromise, negotiation or shared competence. It is sovereign British territory, serving vital British and NATO interests.

On the entry of British commercial goods, including British foods, into Gibraltar, can the Minister confirm whether the new process has been stress-tested with British businesses and when guidance for businesses will be published?

On the movement of people, having a fluid border with Spain—a key request of the Gibraltar Government—clearly comes with trade-offs, and we should recognise that. The decision to have Schengen checks in a British overseas territory is obviously one such compromise, and there is understandably a real strength of feeling about it, notwithstanding that Gibraltar has always had its own entry requirements, including for Brits.

In the light of reported chaos at the border, it is imperative that the Government get this right. Given the totally chaotic way that the EU has introduced its entry-exit systems across Europe, it is imperative that we do not see a similar situation at Gibraltar airport. The Conservatives will be watching. What tabs is the Minister keeping on the roll-out of the new checks by the EU, and what is his recourse if British nationals end up being disrupted by EU issues?

Gibraltar’s new residency regulations came into force on 14 July. What assessment has the Minister made of their impact on the ability of British citizens to live and work in Gibraltar? What is the anticipated impact on British citizens of retirement age wishing to relocate permanently to Gibraltar? Do the Government have contingency plans to support Gibraltar if the Spanish Government stage any provocations for their domestic audience now that the border fence is down?

Finally, the Leader of the Opposition in Gibraltar has expressed concern that the UK-Gibraltar concordat envisages circumstances in which the UK could act without the consent of Gibraltar’s Government or people on treaty matters. What is the Minister’s response? If there were to be a change of Government in Gibraltar, what would the implications be?

To conclude, Gibraltar is as British as any of our constituencies. Britain and NATO rely on Gibraltar’s strategically vital military base. In an age of insecurity, the base is indispensable for our country. Any deal to secure a long-term future arrangement between Gibraltar and the EU needs to be subject to the most rigorous scrutiny in this House. The Government should know that, and they should expect that Opposition Members rightly desire to understand what this treaty means in practice.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Minister.

[Stephen Doughty]

Madam Deputy Speaker, may I apologise to the previous occupant of the Chair? There was no substantive difference in my statement as delivered from the copy provided, but I may have stylistically altered a couple of lines slightly; I apologise.

I thank the shadow Minister for her very reasonable questions, her broad support for what we have signed and agreed, and her recognition that the agreement is supported by the people of Gibraltar. It is what the people of Gibraltar want and there was unanimous support in the Gibraltarian Parliament for the deal; that is very important.

The right hon. Lady asked about the CRaG process. As I explained in the debate that we had the other day, the treaty is now laid so the CRaG process starts, but scrutiny will only take place when both Houses are sitting—the intervening period of the recess does not interfere with the ability of both Houses to provide scrutiny. Helpfully, this aligns with the process in the European Parliament, which has its own processes, so scrutiny will take place in the autumn there as well. I remain completely at the disposal of the right hon. Lady, shadow Ministers and other shadow spokespeople if they have further technical or other questions, and I am sure that officials would be happy to provide further briefings.

I would gently say that we have answered many, many questions on this issue. We published a draft treaty text on 26 February—it has been available to study in this House for four months—but the text has not substantively changed since then. I have appeared before multiple Committees and indeed we had a debate in Westminster Hall just the other day. I am very happy to talk about this; there is absolutely nothing to hide. It is an important treaty and, despite the right hon. Lady’s comments about the process, I am glad that she broadly endorses it.

The right hon. Lady asked about military autonomy. I can tell her absolutely that military autonomy is protected—that was a key red line for us. Indeed, I think the treaty reflects a new relationship of co-operation: Spain is a key NATO partner, who we are working alongside on many different issues. The agreement reflects a mature and responsible way forward, but it does not affect the operations of British Forces Gibraltar in any way.

The right hon. Lady asked about goods. Guidance is being provided to businesses. There are always teething issues when bringing in such processes, but we are actively monitoring what is happening and ensuring that the systems can keep up.

The right hon. Lady asked about checks on people. I am not sure what she meant by “reported chaos”. I think there were some slight issues with the first flight that came in, but the second flight has come in, I think, without incident. We are closely monitoring what is happening on the ground. As with any new system, this is a dramatic change and there will be implementation issues. She rightly raises important concerns about the entry-exit system. The deal was made to prevent that system from operating at the existing—now removed—hard border, which would have been very logistically complex; she knows from the geography at the border. I am confident the new arrangements will work and we are monitoring them closely. Myself and other Ministers have been regularly raising with other European counterparts and the European Commission the wider entry-exit system issues that she mentions.

The right hon. Lady made some specific points about pensions, which I will happily write back to her on. I do not expect to see any provocations in the future—I am not sure what she was referring to when she said that. I expect co-operation in the mutual prosperity of the people of the whole region. That was clearly reflected in the remarks made by the Spanish Prime Minister, the Chief Minister of Gibraltar, the Mayor of La Línea and Spanish officials. Everybody wants this treaty to work for people and for businesses, and we see a new spirit and a way forward.

The right hon. Lady asked about the concordat. I have signed the concordat with the Chief Minister. I have also written with some further clarifications, which I hope are satisfactory and address any concerns, but we are very clear: nothing about Gibraltar without Gibraltar. Of course, we have some constitutional responsibilities, but as I have set out, only in exceptional circumstances would there be any difference in our position and we would always be working alongside Gibraltar. I set that out very clearly in the documents, which she can read. I hope she is satisfied and I remain at her disposal for further detailed technical questions.

[Stephen Doughty]

I absolutely do. The agreement enjoyed unanimous support in the Parliament. Gibraltar has been at the heart of the negotiations throughout: one of our key conditions was that Gibraltar was entirely satisfied with what was agreed. Fundamentally, the agreement will benefit people, businesses and communities —that is at its heart. I add my thanks to the officials mentioned by the hon. Gentleman.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Dr Al Pinkerton (Surrey Heath) (LD)]

I draw the attention of the House to my entry in the Register of Members’ Financial Interests, having had the privilege of visiting Gibraltar last July. I warmly welcome the agreement and congratulate the Minister and the Government, together with Gibraltar’s Chief Minister and Deputy Chief Minister on securing it. Gibraltar has always insisted that there should be nothing about Gibraltar without Gibraltar, and this agreement both meets that expectation and honours that principle. I also pay tribute to the Spanish Government for the pragmatism they have shown in coming to this arrangement.

The agreement finally resolves the existential uncertainty created by Brexit. It protects Gibraltar’s economy, safeguards our defence interests and gives the territory certainty and confidence in its own future. Self-determination is and must remain the bedrock of our relationship with all our overseas territories. Sadly, that is especially important to say today after the disgraceful scenes in Atlanta last night, where football was used as a platform to challenge the democratic right of Falkland Islanders to determine their own future. That principle is not negotiable and never should be.

I ask the Minister three simple questions. First, in relation to the EU’s entry-exit system coming into force, what reassurance can he give British travellers that journeys to and from Gibraltar will not face unnecessary disruption this summer and into the future? Secondly, have the Government assessed the practical impact of the Schengen 90-day and 180-day rule on British citizens travelling to Gibraltar? If so, what conclusions has that assessment reached? Finally, will the Minister reassure the House that the constitutional safeguards within this agreement are sufficiently robust to ensure that Gibraltar, the United Kingdom and Spain never again return to the uncertainty and border disruption of the past?