Gibraltar

Pat McFadden Excerpts

Thursday 8th January 2015 Commons Chamber

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

I congratulate the Chairman of the Foreign Affairs Committee, the right hon. Member for Croydon South (Sir Richard Ottaway), and the rest of the Committee on producing the report that has given rise to this debate, and I thank all Members who have contributed, be they members of the Select Committee or the all-party group on Gibraltar or simply interested in the issue. The Select Committee report really concentrates on three areas: issues at the border; issues affecting British-Gibraltan territorial waters; and the international aspects.

Let me deal with the overall context of this debate, which as hon. Members have mentioned, should be—and could be even more—a good relationship between Britain and Spain. We are fellow members of the EU, fellow members of NATO and allies in many areas. It is therefore tragic that this issue has been rising in importance and has become a real cause of tension.

It makes no sense for the lives of the people of Gibraltar to be deliberately made more difficult as a result of a campaign by Spain to do so. That is wrong in itself and it undermines what is otherwise a strong and long-standing relationship between the UK and Spain.

The hon. Member for Gainsborough (Sir Edward Leigh) referred to comments made by my right hon. Friend the Member for East Renfrewshire (Mr Murphy) when he was a Minister. At that time, my right hon. Friend made it clear that this was a matter not of empire, but of popular will. He said that the constitutional status of Gibraltar would not be changed without the consent of the people of Gibraltar, and that the UK Government would not enter into discussions about that issue without the consent of those people. That was the position then, and it remains the position of my party now. This is the cornerstone of British policy on this issue: it is a position shared by the current Government and it is an important issue in common between us.

Once that is understood by all concerned, there is room for dialogue and co-operation on a number of issues. That was the kind of policy that was in place under the Cordoba agreement and, with good will, it could be resurrected and put in place again. It has to be made clear, however, that it is not the fault of the United Kingdom that the Cordoba agreement has become less effective. That is the result of decisions taken by Spain to adopt a harder line against Gibraltar.

My first question for the Minister—I would like him to address it in his summing up—is where do things stand with the so-called ad hoc discussions between Britain, Gibraltar and Spain? Has there been any indication from the Spanish Government that they are willing to resume these discussions, and do they accept Gibraltar’s place as a full participant in them?

The Select Committee report rightly and strongly criticises the unacceptable and deliberately organised delays at the border crossing, which cause major inconvenience to Gibraltarians, Spanish workers and the huge number of tourists who visit Gibraltar each year. As we have heard, these are causing delays of five, six or sometimes seven hours for cars at the crossing and 90 minutes or more for people crossing on foot. These border issues have had a direct impact on Gibraltar’s tourism trade and constitute an unwarranted and wholly disproportionate barrier to free movement between Gibraltar and Spain.

Let me pick up on another point made by the hon. Member for Gainsborough. Free movement, as we have heard in our broader debates in this House and this country over recent months, is held up as a cardinal principle of membership of the European Union. For a time, it seemed as though the UK Government wanted to compromise the principle of free movement. Many thought that was the implication when the Prime Minister said in his conference speech, “I will sort this issue.” However, his recent speech on EU migration, made just before Christmas, was widely seen as a retreat from that position. It was seen as dealing with issues relating to benefits, and as not compromising the United Kingdom’s attitude to the principle of free movement. If there was any doubt about that position, only yesterday, during his joint press conference with the German Chancellor, the Prime Minister attested to his own belief in, and support for, the principle of free movement. I am sure that that belief and support have been widely welcomed by his colleagues on the Back Benches.

My point to the Minister is that, now that the position has been made clear, he and his colleagues are in a stronger position to make it clear to the Spanish that it is wrong for them to interfere with the free movement of their own citizens who wish to work in Gibraltar, and the ability of the people of Gibraltar to travel freely back and forth across the border.

[Martin Horwood]

The right hon. Gentleman is making a very interesting and significant point. I can certainly say that the Liberal Democrat side of the coalition fully supports the free movement of peoples. It is a very important principle, which will benefit the people of Gibraltar in due course.

[Mr McFadden]

I thank the hon. Gentleman for his intervention. A serious aspect of this issue is that when we question such principles, we may sometimes do so without thinking about how they are used by our own citizens who, in possession of a British passport, can move freely—and live and work freely—throughout the European Union, as many do.

Given the principle of free movement, the Government are absolutely within their rights to complain to the European Commission about what is happening on the Gibraltar-Spain border. They have done so before; may I ask the Minister whether they will do so again, stressing the issue of the recent delays and the impact that they are having on the economy and citizens of Gibraltar? Will the Government also call for Commission visits to be made with little or no notice? As we have heard during the debate, the inconveniences and delays can be turned on and off. Obviously, if lengthy notice is given of a visit, it will be easy to step down the pressure and ensure that the inspectors do not see things as they sometimes are. It matters how such visits are conducted, and when they are conducted.

Paragraph 84 of the report suggests that the Government should consider using article 259 of the Lisbon treaty to take Spain to the European Court. May I ask the Minister for his response to that suggestion, which was also mentioned today by the right hon. Member for Croydon South?

The report gives detailed information about the sharply increased number of transgressions of British- Gibraltan territorial waters, which sometimes occur as often as 50 or 60 times a month. Let us be clear about the fact that this is not about free passage; it is about state-owned vessels violating sovereignty, and trying to erode the status and integrity of Gibraltar's territorial waters.

The Committee drew attention to the Government’s delays in lodging protests against those transgressions, fearing that such delays lessened the impact of our complaints and gave the impression that we were merely going through the motions. In their response to the report, the Government said that practice had changed, and that there was now a weekly submission to the Spanish Government. That is to be welcomed on one level, but the fact that the submission must be weekly prompts another question: what further means of reducing the number of transgressions, and thus the need for weekly submissions, have the Government considered?

I am sure the whole House agrees that the Royal Navy’s Gibraltar Squadron and the Royal Gibraltar Police do a difficult and dangerous job, showing admirable restraint when faced with repeated and sometimes dangerous provocation on the seas. The report also welcomes the use of Gibraltar as a staging post for larger Royal Navy vessels.

May I ask the Minister to address the points made by the hon. Member for Beckenham (Bob Stewart), whose military experience is always valuable in these debates? Is it still Ministers’ view that the squadron there has the ships, equipment and manpower to carry out the tasks assigned to it, or is there a need to reassess this in the way that the hon. Gentleman suggested?

The international aspects of this issue have also been mentioned in this debate. I am sure that the Minister agrees that it is unacceptable to use issues like EU aviation policy or the single European sky policy to put further pressure on Gibraltar. Why should not the airport in Gibraltar and the people travelling there have the same freedom and rights as people elsewhere in the EU?

My hon. Friend the Member for Ilford South (Mike Gapes) mentioned the resolution in Congress recognising Gibraltar’s right to self-determination. I am sure that the attempts by the Spanish Government, in the letter from the ambassador to Congress, to link their support for the coalition against ISIS with the issue of Gibraltarian self-determination would be rejected by all of us. As democratic countries defending pluralism, there should be no linkage between the battle against the ideology and practices of ISIS and self-determination for the people of Gibraltar.

[Mike Gapes]

Is it not also significant that Spain, as in the Madrid bombings of more than a decade ago, has suffered appalling acts of internationally organised terrorism, and it is deplorable that the current Spanish Government have such a short memory of the solidarity that was expressed by the whole world when Spain was attacked?

[Mr McFadden]

My hon. Friend makes a strong point. We have seen a great deal of solidarity with the people of France in the last 24 hours against the appalling acts of yesterday. When these things happen, and when democracies are faced with the ideology of those who would kill and attack pluralism and free speech, we do not seek a chain of other issues to connect to them. We do it because we defend our own values, which are under attack from the ideology that led to the bombings in Madrid, which has led to action in this country and drove those responsible for the terrible events in Paris yesterday. On these international issues, will the Minister say what efforts the UK Government are making to make it clear to the international community that Gibraltar’s status must not be used in this way?

[Sir Richard Ottaway]

The right hon. Gentleman has set out a very sensible, rational analysis of the situation, and analysed our report very accurately. However, does he agree with the central conclusion that a tougher line needs to be taken with Madrid?

[Mr McFadden]

The right hon. Gentleman makes a strong point. Through the Cordoba agreement, we had good co-operation on a number of day-to-day issues to make the relationship between Gibraltar and Spain work. It is not down to any change in the UK’s position that that co-operation has been eroded. We need to take the action necessary to get back to that situation.

A few years ago, we had constructive dialogue, and my message today is that we cannot continue with the current situation. The report says that the people of Gibraltar feel “under siege” by the repeated border delays and transgressions of territorial waters. This has not happened by accident, or because of a change in policy by us. It has happened because of a change in policy by Spain. It is hurting Gibraltar, but it is also hurting the people of Spain. It is in the interests of the United Kingdom, of Gibraltar and of Spain to try to get back to the kind of co-operation that we had a few years ago. With good will, that can happen.

I shall end where I began, by saying that we two countries are allies with much in common. We in the UK do not seek to raise tensions with Spain, and that is why restraint has been shown, but it cannot be right for such undue pressure to continue to be placed on Gibraltar. We must get back to the situation that we had a few years ago, because that is in everyone’s interests. The cornerstone of our policy is the wishes of the people of Gibraltar, and that cornerstone remains firmly in place.