Gibraltar

Richard Ottaway Excerpts

Thursday 8th January 2015 Commons Chamber

[Sir Richard Ottaway (Croydon South) (Con)]

I beg to move,

That this House notes the Second Report from the Foreign Affairs Committee, Gibraltar: Time to get off the fence, HC 461, and the Government response, Cm 8917; endorses the Committee’s position that the behaviour of the current Spanish government towards Gibraltar is unacceptable; regrets that trilateral dialogue between the UK, Gibraltar and Spain remains suspended; believes that the time has come for more concerted action; and invites the Government to review its policy towards Spain on Gibraltar.

This motion stands in my name and that of the hon. Member for Ilford South (Mike Gapes). It invites the Government to review their policy towards Spain and their dispute with Gibraltar. Gibraltar is a key strategic asset for Britain and its allies. It has provided employment and prosperity to the region for decades. It is steeped in history and is a notable tourist centre.

Gibraltar has, by extension, been a part of the European Union since the UK joined in 1973. Its membership is accepted in international law, and it is represented in the European Parliament by MEPs from the south-west region. Last year, its football team played its first European football match.

Gibraltar has inevitably been a source of controversy, but it faces a crisis that we all thought was behind us when Spain joined the EU in 1989. The fact is that Spain, a fellow member of the EU and a partner in NATO, is deliberately as a matter of policy undermining the economy of Gibraltar—a British overseas territory. Its hostile behaviour cannot be ignored any longer. Spain’s chosen method is aviation policy and random, unnecessary and superfluous searches of people and vehicles on the border causing, at times, delays of up to six hours or more.

Ironically, the impact is felt on both sides of the border. Up to 10,000 Spanish workers cross the border each day to work in Gibraltar. If someone is running a business and does not know whether the staff will turn up at 9 am or at lunch time, that business suffers. All this has a profound effect on the territory. Visitor numbers have dropped significantly in the last couple of years, with an estimated loss of almost £40 million in tourist expenditure. Interestingly, some of the strongest evidence the Select Committee received was from a Spanish workers’ organisation that was concerned about high unemployment and poverty on the Spanish side of the border. This is an unacceptable situation.

The UK has the responsibility of safeguarding Gibraltar’s territorial waters and ensuring that it is both treated and respected as a member of the EU. Last July, the Foreign Affairs Committee expressed the view that the Government should take a tougher line. In particular, we recommended that if there were no improvement within six months, the Government should invoke article 259 of the EU treaty for violation of EU obligations on the free movement of people. Six months have elapsed since then, and there are still incidents of long and unnecessary delays on the border—despite the personal intervention of the Prime Minister in conversations with the Spanish Prime Minister at the height of the crisis in 2013.

In what I can describe, regrettably, only as a weak response to our report, the Government said that they had not ruled out an article 259 action but would rather leave it to the European Commission to resolve the situation. I hope that the Minister will understand if that response causes some mirthless merriment on these Benches. It could be a long wait. Even worse, the Commission concluded in 2013 that, although the intensity of Spain’s checks was unjustified and it had serious concerns about it, there was no violation of EU law. So in his response to the debate, will the Minister set a deadline for the commencement of action under article 259?

The dispute has a 300-year history, but in the last three years, the Partido Popular Government in Spain have taken a more hard-line approach. They have significantly increased pressure on Gibraltar and its people, and the Gibraltarians have suffered. Apart from the border delays, they have had to put up with aggressive maritime incursions, calculated pressure at the EU and the UN and inflammatory rhetoric from Spanish Ministers about Gibraltar’s sovereignty and its economic affairs.

The difficulties faced by the current UK Government are, in part, a legacy of regrettable decisions made in 2001 to allow joint sovereignty discussions, which raised expectations on the Spanish side. After protests in Gibraltar and an overwhelming referendum supporting continued membership as a British overseas territory, the discussions were dropped.

Since 2004, the Government have sought to maintain a consistent message—first that no discussions will take place without the consent of the people of Gibraltar, and secondly, sovereignty will not be transferred against their wishes. This is the correct approach, and it should be consistently reaffirmed. This double lock has provided Gibraltar with security following a difficult period, and this guarantee of self-determination should never be abandoned again.

Also since 2004, consultations have taken place through a trilateral forum with Spain and Gibraltar. In 2006, the meeting held in Cordoba resulted in agreement on a number of issues—in particular on air movements, recognition of Gibraltarian dialling codes and improved flows at the border. It was also agreed that the UK could pay pensions to Spanish workers affected by Franco’s closure of the border from 1969 to 1982. This is projected to cost the UK taxpayer £73 million.

Following the election of Prime Minister Rajoy in November 2011, however, the trilateral talks have been summarily ended by Spain and some of the terms of the Cordoba agreement have been broken, although the UK, I am proud to say, is keeping its side of the bargain and meeting the agreed pension arrangements. Efforts have been made to hold ad hoc talks, but none have taken place. If a date has still not been fixed, I invite the Minister to assess whether we are being taken for a ride here and whether this might be telling him something—that Spain thinks we are a soft touch.

Meanwhile, the illegal incursions into Gibraltar’s territorial waters continue. These incursions are outside the right of safe passage and now number hundreds since their escalation in 2012. The Spanish vessels making the incursions, which include police vessels, refuse to recognise the authority of the Royal Gibraltar police or, more seriously, the Royal Navy. The aggressive tactics used, resulting in collisions and a danger of serious injury, make it difficult, if not impossible, for the police and the Royal Navy to enforce their authority and British sovereignty.

At worst, there is a danger of a potentially serious incident at sea. Are we going to respond, or are we just a soft touch? Has the Minister considered arresting a Spanish vessel? The Royal Navy has two patrol boats—quite ageing, but they are still working—and three ribs under the commander of British forces in Gibraltar. Will the Minister confirm in his response—this is important to many people—that there will be no reduction in this deployment? We welcome the increased number of warships transiting via Gibraltar, but we believe that there should be a more robust approach to defending Gibraltar’s territorial waters.

The Foreign Office rightly makes diplomatic protests about each incursion, but we were dismayed to discover that they are lodged sometimes weeks after the event. I welcome the Government’s confirmation that a maximum of seven days is now the norm and that an immediate summons of the ambassador applies in serious cases. The Government describe summoning as a

“very serious form of diplomatic protest”

and rightly summoned the ambassador to protest over traffic delays at the border. To digress for a second, that is in stark contrast to the Foreign Office’s refusal to summons the Chinese ambassador when the Foreign Affairs Committee was banned from entering Hong Kong. I am not sure what that tells us about the Foreign Office’s attitude towards the House.

Spain is now engaged in a full-on diplomatic offensive, using international institutions to manifest its hostility to Gibraltar’s sovereignty. In the EU, it has broken terms of the Cordoba agreement and is seeking to exclude Gibraltar from EU aviation legislation.

[Sir Gerald Howarth (Aldershot) (Con)]

I salute the work that my right hon. Friend and his Select Committee have done on this issue and the robust line it has taken. He mentions aviation. Will he confirm what our noble Friend Lord Astor said in the other place—that the Spanish will not apparently allow Royal Air Force aircraft to overfly Spanish airspace on their way to and from Gibraltar? The cost of that to the British taxpayer is an additional £5,000 to £10,000 for each flight. Is that not disgraceful behaviour from a NATO ally?

[Sir Richard Ottaway]

My right hon. Friend is absolutely right. Indeed, not just United Kingdom aircraft but all NATO aircraft are prevented from overflying Spain if they have taken off from Gibraltar. I shall say more about that later.

As I was saying, in the European Union, Spain has broken key terms of the Cordoba agreement and is seeking to exclude Gibraltar from EU aviation legislation. That is damaging the economy: I have heard reports of businesses relocating because of poor flight connections. As for Spain’s behaviour at December’s EU Transport Council, it amounted to nothing less than open hostility. Spain persuaded both the presidency and the Commission to amend the draft single European sky legislation on air traffic control to exclude Gibraltar.

I am pleased that the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill) is present, and I was also pleased to hear that he had walked out of that meeting in protest. I am not sure that we would expect Foreign Office Ministers to walk out of meetings in protest—it is not quite their style—but I hope that the strong way in which my hon. Friend made his protest will have been noted. I should add that it is to the Government’s credit that they have threatened to veto the proposed EU-Ukraine aviation agreement if Gibraltar is excluded from it. However, the real issue, and what is of real concern, is why the Commission has come down on the side of Spain. So much for leaving the Commission to decide on the rights and wrongs of this dispute.

In the United Nations, Spain continues to lobby against the removal of Gibraltar from the list of non-self-governing territories. As it is obviously not such a territory, it should not be on the list. In May last year, Minister Joe Bassano told a UN special committee that Spain was running a campaign to deprive Gibraltar of its right to self-determination, using the arguments of Franco’s fascist Government. The response was, in the words of Gibraltar’s First Minister—who I am pleased to see is with us today—“a deafening silence”. All that is clear evidence of Spain’s politically motivated campaign. I invite the Minister to update us on developments in all those institutions, and, more important, on what the Government’s response will be—or are we just another soft touch?

In an increasingly troubled world, Spain’s behaviour as an ally is becoming increasingly unreliable. While refuelling Russian warships in its sovereign enclave of Ceuta, it continues to posture inside NATO, at a time when Russia is invading Ukraine and flexing its muscles in the Baltic and the northern approaches. Moreover—this brings me to the point raised by my hon. Friend the Member for Aldershot (Sir Gerald Howarth)—Spain’s ban on NATO forces moving directly between Spain and Gibraltar is immature and to the detriment of western security. If they are landing on or taking off from Gibraltar, the military aircraft of any NATO member are not allowed to overfly Spain.

In the event of trouble, Spain would quickly turn to NATO and the United Kingdom for military help, and would get it. Perhaps, at the moment, it does indeed think that we are a soft touch. In his evidence, the Minister told the Committee that, in the absence of any diplomatic initiative, the UK’s forces simply work around it. That is completely unacceptable. Will the Government review the issue and enlist the support of other NATO countries in ensuring that this strategically illiterate ban is lifted?

To date, the Government have sought to de-escalate tensions. That cautious approach is not producing dividends. The Government fear that a more muscular approach will only make things worse, but at times things must get worse before they can get better. If Gibraltar is prepared to accept the consequences of a more robust approach, we should embark on it. In our report, we said that the Government were “sitting on the fence”; in their response, they peevishly said they had

“never been on the fence”

in the first place. To be fair, however, the Government are continuing the policy that they inherited from the last Government, and the First Minister has acknowledged that the language now is more robust than it has been for 30 years.

Spain is a key partner for the United Kingdom, both bilaterally and in the EU and NATO. It is testimony to the importance that both states ascribe to the bilateral relationship that it remains strong, despite our differences. However, Spain should not be able to pursue aggressive policies towards Gibraltar without consequences for its relationship with the UK. The UK Government have shown restraint in response to provocation by Spain. The hard truth is that the UK’s approach of consistently trying to de-escalate tensions in the face of mounting provocation has had little discernible effect, apart from giving Gibraltarians the impression that not enough is being done. It is now time to end the policy of restraint and to think hard about what measures can be taken to discourage Spain from exerting pressure on Gibraltar in the future.

[Several hon. Members]

rose—

--- Later in debate ---

[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.

--- Later in debate ---

[Sir Richard Ottaway]

One traditionally at the end of these debates politely says what a great debate it has been. I thank all my colleagues for their contributions because it has been an excellent debate, but I have to confess that I am left with a feeling of disappointment about where we have got to with the debate. Concerns have been expressed about aviation, maritime activities and incursions, and border delays, and while we have been sitting here I hear reports of a delay on the border this afternoon. The Minister was asked whether he would rule out a reduction in the defence force, and while he said he did not rule out an increase, he did not say whether he ruled out a reduction. He was asked by Members on the Government Benches and on the Opposition Front Bench whether he would implement article 259, and he fundamentally said no, he did not accept this. The main reason was the delays, yet we have waited years to reach this point. If the process had started some years ago, perhaps that judgment would now have been reaching a conclusion.

There have been no fewer than nine speeches from the Back Benches today, every one of them calling for more robust action. This debate is taking place on a substantive motion that invites the Government to review their policy towards Gibraltar. I assume that unless the massed ranks turn up, the Government have accepted the motion. I have not heard whether my right hon. Friend intends to review the policy. I have the impression that there is no such review. He is concerned, he is frustrated, he feels thwarted, but there is to be no fundamental review. Hence, I feel that the debate has ended with a degree of disappointment.

Question put and agreed to.

Resolved,

That this House notes the Second Report from the Foreign Affairs Committee, Gibraltar: Time to get off the fence, HC 461, and the Government response, Cm 8917; endorses the Committee’s position that the behaviour of the current Spanish Government towards Gibraltar is unacceptable; regrets that trilateral dialogue between the UK, Gibraltar and Spain remains suspended; believes that the time has come for more concerted action; and invites the Government to review its policy towards Spain on Gibraltar.