Draft UK-EU Agreement on Gibraltar

Wendy Morton Excerpts

Wednesday 8th July 2026 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Sir John. I draw the House’s attention to my entry in the Register of Members’ Financial Interests: I visited Gibraltar as a guest of the Government of Gibraltar.

I am very grateful to my hon. Friend the Member for Brigg and Immingham (Martin Vickers) for securing this important debate at a pivotal moment for Gibraltar. It is somewhat extraordinary that, although the provisional application of the UK-EU Gibraltar treaty is expected in a little more than a week’s time, Parliament has still not been afforded a meaningful opportunity to scrutinise an agreement of such significance.

Let me begin by making one thing absolutely clear: we welcome the fact that a deal has been reached. Businesses in Gibraltar and across the UK, frontier workers, and British citizens travelling to Gibraltar need certainty. Above all, Gibraltar deserves certainty about its future. This agreement helps to provide that by giving businesses, residents and those who rely on the frontier a clearer framework for the future. I am also proud of the work undertaken by the previous Conservative Government. Those negations were never straightforward, as I know from personal experience. They sought to balance Gibraltar’s prosperity with the practical realities of the frontier, our constitutional responsibilities as a sovereign power and our unwavering commitment to Gibraltar remaining British for as long as the people of Gibraltar wish.

Welcoming a treaty does not mean dispensing with scrutiny, however. On 23 April, the Government of Gibraltar confirmed that the treaty had received unanimous approval from all EU member states, and that provisional application is expected to begin on 15 July. We know, because the Government of Gibraltar have helpfully kept parliamentarians informed, that the treaty will be formally signed before then, although even now no date has been publicly confirmed. We also know that the final sections of the frontier fence will be removed on 15 July, allowing fluid movement across the land border for frontier workers, residents and visitors, before the treaty proceeds towards full ratification in the following months.

Those are constitutional, economic and practical developments of huge significance, yet it has been the Government of Gibraltar, rather than His Majesty’s Government, who have kept Parliament involved as events have unfolded. That should concern every Member of this House, regardless of their party, because Ministers are accountable to this Parliament for United Kingdom treaty obligations. Since the agreement was announced, Members of both Houses have had to rely on urgent questions, oral questions and written parliamentary questions simply to establish the Government’s intentions. I know that the Minister is aware of that.

When the draft treaty was published on 26 February, the Minister assured the House that the Government welcome scrutiny, but the answers that we have received have too often amounted to little more than references to previous statements or generic replies that fail to engage with the substance of the questions being asked. That is not meaningful scrutiny, and it is not how Parliament should be treated.

The question before us is no longer whether there should be a treaty; it is whether Parliament will be permitted to scrutinise it properly before it takes effect. The Government have repeatedly said that they are committed to transparency and respect for Parliament. If that commitment means anything, it must surely apply to a treaty of this constitutional significance.

We are now only days away from provisional application, and fundamental questions remain unanswered. Parliament still does not know when the treaty will be signed, when it will be laid before Parliament under the Constitutional Reform and Governance Act 2010, whether elements of the agreement will begin operating before Parliament has completed its scrutiny, and what opportunities Members will have to debate it further. These are not procedural technicalities. The CRaG exists because Parliament recognised that international treaties should be subject to democratic scrutiny before they bind the UK. If substantial parts of the treaty are allowed to take effect before Parliament has had a meaningful opportunity to consider it, many will understandably question what practical value that scrutiny is intended to have.

For those reasons, I hope the Minister will answer some straightforward questions today. Will the Government commit to providing time for a full, substantive debate on the treaty in both Houses before provisional application begins? When precisely do Ministers intend to lay the treaty before Parliament under CRaG? What assessment have the Government made of the constitutional implications of allowing provisional application before Parliament has completed its scrutiny under that Act? Do Ministers genuinely believe that the standard 21-day scrutiny period is sufficient for an agreement of this constitutional, economic and strategic importance? I believe those are reasonable questions that parliamentarians should not have to drag out of the Government.

This debate is about more than process. As we have heard, companies involved in cross-border trade need certainty and clarity about customs arrangements, regulatory compliance and border procedures. Ministers have spoken about the opportunities the agreement presents, but opportunities must be matched by preparedness. Businesses cannot prepare for new arrangements if Government guidance does not arrive until implementation is already under way, and Parliament cannot properly represent those affected if Ministers do not provide the information necessary for proper scrutiny.

The Government should therefore answer some practical questions today. Can the Minister explain in clear terms whether any new checks, controls or administrative procedures will govern the movement of British troops or military equipment to and from the military base? Given Gibraltar’s strategic importance, Members will rightly wish to understand exactly what arrangements are envisaged. Will the Government set out the precise process by which British goods will enter Gibraltar under the new arrangements, whether by land, sea or air, and explain how they differ from the arrangements that businesses operate under today? What engagement have the Government had, both before and since the treaty was announced, with British businesses that export or import goods into Gibraltar? What assessment have Ministers made of the readiness of those businesses for implementation, and what support is being provided?

The Government have spoken confidently about the benefits of closer co-operation with Spain, but what contingency plans are in place should Spain seek to create difficulties or exert pressure once the frontier fence has been removed? Gibraltar’s scrutiny and prosperity should never depend on good will alone. The Minister should also explain the rationale behind the governance arrangements for Gibraltar airport in the treaty, including the proposed operating structure, and why Ministers believe those arrangements are in Gibraltar’s long-term interests. What discussions have His Majesty’s Government had with the Government of Gibraltar regarding the parliamentary lock that the Gibraltar Parliament has indicated it wishes to have over implementation of the treaty? How do Ministers intend to respect Gibraltar’s democratic institutions as the agreement process progresses?

I would like to place on the record my appreciation for a significant recent development. The Government of Gibraltar have announced that Gibraltar has been removed from Spain’s list of non-co-operative jurisdictions, bringing to an end a designation that had remained in place since 1991. That is undoubtedly welcome news, and it represents another positive step in strengthening Gibraltar’s international standing. Once again, however, many Members first learned of that through media reports rather than from the Government. Gibraltar occupies a unique constitutional position, and the UK retains responsibility for its external relations. It is therefore entirely reasonable for Parliament to expect timely information from our Government on developments of such significance.

No one in this House wishes to see unnecessary delay or to undermine the progress that has been made. However, supporting Gibraltar and scrutinising the Government are not competing objectives; they are complementary responsibilities. I hope the Minister will use this debate not simply to repeat previous statements, but to provide the timetable for scrutiny that Parliament has been seeking for many months. Please tell us, Minister, when the treaty will be signed, when it will be laid before Parliament, what opportunities Members will have to debate and vote on it and why the Government believe that Parliament should be expected to scrutinise a treaty only after key parts of it have already begun to take effect.

Again, I am grateful to my hon. Friend the Member for Brigg and Immingham for securing this important debate, which has provided an opportunity to discuss the treaty. But as I have set out, this debate should not take the place of the vital, detailed scrutiny of the treaty that this place deserves. I await the Government’s setting out the detail; now is the Minister’s opportunity to do so. If the Government are confident that the treaty commands support, they should be confident enough to subject it to full parliamentary scrutiny before its provisions take effect.

[The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty)]

I am genuinely grateful to the hon. Member for Brigg and Immingham (Martin Vickers) for securing this debate. I pay tribute to his work as vice-chair of the all-party parliamentary group on Gibraltar, and to that of its chair, my hon. Friend the Member for Portsmouth North (Amanda Martin). I thank all right hon. and hon. Members for their contributions, which have been broadly in the spirit that I and the people and Government of Gibraltar would have hoped for: reasonable, fair scrutiny with broad support. It is important to emphasise that, because it sends a strong signal that complements the strong support of the democratically elected Parliament of Gibraltar for the draft UK-EU agreement.

I will respond to specific points as I go, but will start by paying a tribute to all those involved in the process over many years: His Majesty’s Government of Gibraltar—the Chief Minister, the Deputy Chief Minister, the Attorney General and all their officials and teams—and our teams in the Foreign, Commonwealth and Development Office, particularly the senior officials who did sterling work in taking us through the detailed process. The treaty is a big one, with many associated administrative and practical arrangements. I know there have at times been frustrations about the length of the process and the detail, but it was important to get it right. This is about the future of Gibraltar and our relationship with the EU, Gibraltar and Spain.

I also pay tribute to our friends in the EU and Spain for the constructive spirit they have shown throughout the discussions and negotiations. We have come to a conclusion that is beneficial for people, which is what we all sought to do. My hon. Friend the Member for Leeds South West and Morley (Mark Sewards) made a party political point but an important one: in the end, this was about people and businesses, their lives and their ability to move, to trade and to get on, without the uncertainty caused by Brexit.

Gibraltar was not included in the EU-UK trade and co-operation agreement that was negotiated by the previous Government following the UK’s departure from the EU. That meant serious uncertainty for the people and businesses of Gibraltar, which is why we have worked together to find a practical and lasting solution that protects Gibraltar’s economy and way of life for the long term, while crucially safeguarding our sovereignty.

We had previously reached the provisional and political agreements, and have been involved in the detailed process for some time. We have now achieved an agreement that ensures the free circulation of people and goods between Gibraltar and the EU by removing the physical barriers on the border between Gibraltar and Spain. I cannot overemphasise the importance of that, not least because of what the people of Gibraltar went through for so many years. That will mean jobs, investment and stability, not just for Gibraltar but—it is important to emphasise—for the whole region. That involves EU Schengen area rules relating to border checks being applied in Gibraltar and a customs union being established between the EU and Gibraltar. That will bring certainty to the territory.

Let me turn first to some of the questions about scrutiny; I will answer the questions from the shadow Minister, the right hon. Member for Aldridge-Brownhills (Wendy Morton), in detail in due course. The CRaG Act 2010 gives statutory form to long-standing constitutional conventions on the scrutiny of treaties and is the process we are legally obliged to follow to ratify treaties. Despite the very particular approach of the CRaG system, transparency has been at the heart of our approach. I gently rebuff some of shadow Minister’s comments, because we published the draft text of the agreement on 26 February, and I gave an oral statement to the House on the same day. We have had this debate today and I have appeared before Committees and answered many questions. We have attempted at all stages to be transparent and open. I have offered private briefings to shadow ministerial colleagues and the shadow Foreign Secretary, the right hon. Member for Witham (Priti Patel).

[Wendy Morton]

Will the Minister set out the timeline today and assure us—

[Stephen Doughty]

indicated assent.

[Wendy Morton]

He is nodding, so I will sit with bated breath.

[Stephen Doughty]

I will come back to the timeline in due course. It is quite right that throughout the process Parliament has provided scrutiny, as it has been doing in this debate, which is very welcome.

[Stephen Doughty]

Indeed; that is a fair point, and I appreciate the hon. Gentleman making it. We did appear before the Foreign Affairs Committee, and we have endured scrutiny in the media and from businesses and others—and quite rightly so. On my visit to Gibraltar, I met with the leader of the opposition, businesses and others, who had legitimate and reasonable questions to ask. We have done our best to answer those transparently and in good faith.

What matters most at this point is providing clarity and certainty for the people and businesses of Gibraltar, which is why I am pleased to say that the UK and EU will provisionally apply the agreement from 15 July—next week. This is an important milestone for Gibraltar. The UK and the EU, along with Gibraltar and Spain, are committed to fully ratifying the treaty as soon as possible, and we are all working at pace to achieve that.

My understanding is that the process in the European Parliament will take place this autumn, up to December. We will be operating under a similar timeline, in accordance with the discussions we are having with the relevant Committees and others regarding the CRaG process. Once signed, the treaty will be provided immediately to the UK Parliament, and I will make the appropriate statements to signify that moment. We will then have the CRaG process and ratification. I hope that satisfies Members who asked about the timeline, but I will go into a little more detail later.

Much of the legislative and operational work to bring the agreement into force is being led by His Majesty’s Government of Gibraltar, and they have made very strong progress in a short space of time. They have already put in place their main primary legislation and are working tirelessly on the many practical steps needed to apply the agreement. I am pleased to say that there is very strong co-operation between the Spanish and Gibraltarian authorities across areas of shared implementation, including the physical infrastructure works required at Gibraltar’s airport. We stand ready to assist in whatever way we can, and have done so throughout the process.

It is important to emphasise, as many Members have, that negotiations on sovereignty were never on the table during the treaty negotiations, and that was not in doubt. The agreement is about technical arrangements that govern Gibraltar’s relationship with the EU. I appreciate the compliments paid by the Liberal Democrat spokesperson, the hon. Member for Surrey Heath (Dr Pinkerton), and others about article 2 of the treaty, which makes it clear that the agreement in no way affects our sovereignty position on Gibraltar and cannot be used to challenge it.

As I set out both in opposition and now in government, we remain committed to the Gibraltar double lock, which means we would never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes, and we would never enter into a process of sovereignty negotiations with which Gibraltar was not content. The sovereignty of Gibraltar is protected in the treaty for the long term. If it had not been, we would not have agreed it.

Many Members raised important points about the military base. Safeguarding the operational autonomy of the UK’s military facilities has been a red line for the UK Government throughout our discussions. The agreement protects that autonomy and allows our facilities to continue their vital contribution to regional security and prosperity. The Ministry of Defence has been closely involved in the negotiations at every stage. We have the full backing of the Defence Secretary and defence teams on this agreement. I am glad that that was confirmed by colleagues’ experiences of engaging with the Commander British Forces in Gibraltar.

The agreement also removes immigration checks at Gibraltar’s land border with Spain. That is crucial for the nearly 15,000 people who cross the border every day for work, and for protecting Gibraltar’s economy. To unlock the benefits of a fluid border, travellers arriving at the airport will undergo dual immigration controls. Under this system, visitors have the benefit of crossing freely into Spain without checks. Time spent in Gibraltar will therefore count towards the EU’s 90/180 days requirement. The Government of Gibraltar have assessed that the significant impact of an open border outweighs any challenges that might result from it. Because Gibraltar automatically already applies a period for UK residents coming into Gibraltar, it has been pointed out that, practically, this means very little. It does not, of course, affect the residents of Gibraltar itself. The agreement delivers a solution that the Government of Gibraltar want, and the Chief Minister has been very clear on that.

The treaty has a series of benefits for wider relationships. The shadow Minister rightly pointed out the welcome announcement regarding non-co-operative jurisdictions from our friends in Spain. That is important to Gibraltar and is a testament to how things have moved forward. We have seen tangible and positive developments in our relationship with our friends in Spain across a whole series of issues that matter to people here in the UK, including our co-operation in business, security and trade. That is welcome. The treaty is, of course, one of the crucial aspects of the reset in our relationship with the European Union. This agreement is good for Gibraltar and for the United Kingdom, and it is good for all the people, including our people. Right hon. and hon. Members have accurately reflected the work and statecraft that has gone into it and the practical benefits it will deliver. This marks a turning point.

Before I conclude, let me respond to some of the specific points that have been made. I have answered the questions about the timing of the CRaG process, but Members will appreciate that bringing a treaty of this complexity into effect has required a set of interlocking processes. We are not the sole guardians of the process; there are processes in Gibraltar, Spain and the European Union, and the treaty can be signed only once those processes—including the EU’s translation of the text into 23 other official languages—have concluded and been aligned. Rather than delaying the publication until that point, we chose to bring forward the draft treaty so that Members could scrutinise it and see the detail.

I assure Members that the text published in February remains substantively unchanged. The intervening period has been used for legal verification, technical checks and the preparation of authentic language versions. That is one of the reasons why the final treaty will be published and signed imminently. The provisional application will take place from 15 July, and we will then make the appropriate statements in this House and start the CRaG process, in line with discussions with the secretariat of the European Affairs Committee regarding the practical arrangements.

[Wendy Morton]

rose—

[Stephen Doughty]

I am conscious that in between there will be a recess. I will ensure that that does not affect this House’s ability to have the proper period to scrutinise under the CRaG process. That may be what the shadow Minister was going to ask.

[Wendy Morton]

It was along those lines, but for absolute clarity, does the Minister envisage the treaty coming forward before we break for recess?

[Stephen Doughty]

I do envisage the treaty coming forward, but I want to ensure that we do not start the clock and then Members feel they do not have a chance to scrutinise it over the recess. The minute that the treaty is signed, it will be provided—within appropriate transmission times—to both Houses. We will ensure that we are in close contact with the Committees and that we have an agreement on the CRaG process, and we will make the appropriate statements. Sir John, you will know that the timing of statements and debates in the House is a matter for the usual channels between the Government and the Opposition, but I do not want to shy away from scrutiny, and that is why I welcome this debate. We will not try to curtail the CRaG process in any way. In practical terms, this treaty will have had far more pre-scrutiny and Committee scrutiny in this House than many other international treaties. I hope that provides some assurance to colleagues.

Members asked a number of other questions. I have covered the questions about article 2 and sovereignty. I was asked about future scenarios that might emerge with respect to the relationship between the UK and Gibraltar. It is important to emphasise that the Gibraltar Parliament unanimously passed a motion calling on the UK to ratify the treaty, subject to the existence of a concordat assuring that the UK can exercise its powers in the treaty only with the consent of His Majesty’s Government of Gibraltar, and that the people of Gibraltar have the right to determine in a referendum whether the treaty should be terminated in the future. Obviously, we hope to never get to that scenario, but it is important that we have those safeguards in place.

To answer the questions that my hon. Friend the Member for Leeds South West and Morley asked, I quote from my letter to the Chief Minister on 2 March:

“It is therefore politically inconceivable that in any normal circumstances, should a democratically elected Government in Gibraltar or indeed the Gibraltarian people determine that this agreement does not serve their interests, His Majesty’s Government would not take action.”

I hope that provides assurance, as it is certainly the tenor of my discussions with the Chief Minister and, indeed, of the discussions he has had in the Gibraltar Parliament.

I have touched on the questions about the 90-in-180-day rule, but for the record, under the agreement, non-resident British nationals can visit Gibraltar for up to 90 days, as is the case today—there is no change in that—but, as visitors will be free to enter Spain without checks, time spent in Gibraltar will count towards the 90-in-180-day requirement of the EU. Importantly, immigration into Gibraltar is and will remain the responsibility of the Government of Gibraltar. The agreement provides a unique solution, a fluid border, and puts different procedures and processes in place.

On the military base, there are lots of details, but I was asked a specific question, so I want to be clear that UK military personnel entering Gibraltar will not be subject to Schengen checks under the proposed arrangements. That will enable our facilities to continue their vital operations without interference or interruption. The posting of UK military personnel serving in Gibraltar and their families will not depend on Schengen border checks; as is the case now, the UK will decide who will serve in Gibraltar. We also have important agreements on goods entering the base. As colleagues will understand, we do not disclose sensitive operational details, but we have agreed special arrangements to ensure the functioning of the new arrangements.