Gibraltar: UK-EU Negotiations

William Cash Excerpts

Monday 11th March 2024 Commons Chamber

[Sir William Cash (Stone) (Con)]

(Urgent Question): Will the Minister make a statement on UK negotiations with the EU in respect of Gibraltar?

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (David Rutley)]

The Minister for Europe, the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Aldershot (Leo Docherty), is currently in Gibraltar, where he is meeting the Chief Minister to continue our joint efforts to conclude a treaty with the European Union. With the Government of Gibraltar, he will also be assessing contingency plans in the case of a non-negotiated outcome. His visit is also an opportunity to reiterate once again the UK’s steadfast commitment to Gibraltar.

In December 2020, the UK, with Gibraltar and Spain, agreed a political framework on how a future agreement between the UK and the European Union in respect of Gibraltar would function in the interests of all parties. This represented the first stage of a two-part process whereby the EU would examine a request from Spain in agreement with the UK to initiate the procedure for the negotiation of a separate UK-EU agreement in respect of Gibraltar. The key objective of the political framework is to safeguard Gibraltar’s prosperity by ensuring that people and goods can move easily between Gibraltar and the surrounding communities. This is important for the whole region’s economy.

The UK-EU negotiations began in October 2021, and 17 rounds of formal negotiations have taken place in Brussels and London. These have been supported by numerous technical sessions as well as official and ministerial engagements. The Foreign Secretary has met Commission Vice-President Šefčovič and, separately, Spanish Foreign Minister Albares, and underlined the UK’s commitment to concluding a UK-EU treaty. The UK is steadfast in our support for Gibraltar and will not agree to anything that compromises sovereignty. While negotiations have been technically and politically complex, significant progress has been made, and both the UK and EU have presented texts throughout the negotiations.

Agreement can only be achieved by respecting the balance of the political framework. Throughout this process the UK Government have worked side by side with the Government of Gibraltar. Throughout our negotiations with the EU, the Government of Gibraltar have formed part of our negotiating team. Alongside our joint efforts to conclude negotiations, the Foreign Secretary and the Chief Minister agreed that it remained prudent to continue working together to ensure that robust plans were in place for all scenarios, including a non-negotiated outcome. Alongside the UK-EU negotiations, the UK, with Gibraltar, has maintained a regular dialogue with Spain. It is in everyone’s interest to conclude a UK-EU treaty to help secure future prosperity for Gibraltar and the surrounding region. This can be done without prejudice to our respective positions on sovereignty and jurisdiction.

As I mentioned, the Minister for Europe is in Gibraltar today meeting the Chief Minister and Deputy Chief Minister of Gibraltar. This is a continuation of the close working relationship between our two Governments, both in our efforts to conclude an agreement and to ensure that robust contingency plans are in place. We are unable to provide a running commentary on the negotiations, but I can assure the whole House that the UK’s position remains as it has been throughout: we will not agree to anything that compromises sovereignty. The UK stands steadfast in our support for Gibraltar and in ensuring that its sovereignty is safeguarded.

[Sir William Cash]

On Friday, the Minister for Europe wrote to me as Chairman of the European Scrutiny Committee. He is in Gibraltar today and, following the granting of this urgent question, and to prove its value, I received an urgent letter two hours ago from the Chief Minister of Gibraltar proposing a meeting with my Committee next Wednesday. The Rock was not covered by the Brexit withdrawal agreement or the trade and co-operation agreement, at the insistence of the European Commission. Temporary arrangements have persisted since, based around a political framework agreed between the UK and Spanish Governments in December 2020. The Government have exclusive competence to negotiate a treaty with the EU on the question of Gibraltar as an overseas territory. My Committee travelled to the Rock in 2022 and had meetings with the Chief Minister and his colleagues in Gibraltar.

I was disturbed to hear from the Minister that what appears to have been agreed in principle between the UK and the EU with regard to Gibraltar’s future would include EU Schengen border checks being performed on Gibraltar; Gibraltar aligning with EU rules to ensure a so-called level playing field; and joint UK-Spanish management of Gibraltar’s airport and, therefore, defence issues. If so, what the Government have agreed crosses their own negotiating red lines, as first set out to my Committee in September 2021. This risks setting a dangerous precedent for the UK’s overseas territories and Crown dependencies, allowing a foreign power to set the rules of our engagement and diminishing the constitutionally entrusted role that the UK plays.

There are limited avenues for the people of Gibraltar to hold the UK Government to account and, given the Government’s apparent eagerness to agree a legal text, I am concerned that what has been announced will not allow those who hold blue residency cards to cross into Spain relatively unhindered as they have done in the past. Schengen border controls on Gibraltar’s soil could mean that blue card holders become subject to the EU’s 90/180-day rule and, soon, the EU’s entry/exit system.

There are some serious questions. On sovereignty and defence, will the Government rule out agreeing to Schengen border checks on Gibraltar’s soil, ceding UK control of Gibraltar’s airport and aligning with EU rules? What are the Government doing to ensure the rights of Gibraltar’s blue card holders? Do the Government intend to do all this through primary legislation? If not, why not? Finally, will the people of Gibraltar be offered a domestic referendum, as they were in 2002 and 2006?

[David Rutley]

I reassure the House that the Government’s position with respect to Gibraltar has not changed. We will not agree to anything that compromises sovereignty. We continue to work side by side with the Government of Gibraltar, and we will only agree to terms with which the Government of Gibraltar are content.

I know that the Chief Minister has appeared before the European Scrutiny Committee and has provided evidence in respect of our proposed arrangement with the Schengen area. Our approach has not changed. The 2020 political framework notes that that there will be a “level playing field” provision in the treaty to agree mutual standards on matters such as labour, the environment and taxation, which are relatively normal elements of trade agreements with the EU or anyone else.

On Gibraltar’s airport, we are prepared to explore practical and technical options to facilitate flights between Gibraltar and the EU. The UK will only agree to terms with which the Government of Gibraltar are content, and we will not agree to anything that compromises sovereignty.

It is worth highlighting that, in his letter to my hon. Friend the Member for Stone (Sir William Cash), the Chief Minister said that

“the UK and Gibraltar have never worked more closely together in delivering the outcome that the People of Gibraltar want.”

That is how it should be.