Gibraltar: UK-EU Treaty

Wendy Morton 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.