The Secretary of State for Foreign, Commonwealth and Development Affairs (Mr David Lammy)
My thoughts, and I am sure those of the entire House, are with those who have been affected by the tragic plane crash in India this morning. We know that British nationals were on board. I can confirm, Mr Speaker, that the Foreign, Commonwealth and Development Office is working urgently with local authorities to support British nationals and their families, and has stood up a crisis team in both Delhi and London.
With permission, Mr Speaker, I will now make a statement on Gibraltar. Yesterday, the United Kingdom reached a political agreement with the European Union on the last major unresolved issue from our decision to leave the EU, providing much-needed certainty for people and businesses in Gibraltar. The deal removes another obstacle to closer ties with our EU friends and, crucially, protects British sovereignty over the Rock.
The need for this deal is well understood. As Members across the House have often highlighted, the current situation is not sustainable. Every single day, approximately 15,000 people—half of Gibraltar’s workforce—cross the land border with Spain to do their jobs, and to buy goods and services. Without a solution, the EU’s incoming system of entry and exit controls would have introduced a hard border, at which every individual’s passport would be checked, and all British goods heading for Gibraltar’s supermarket shelves would be subject to time-consuming customs checks. That would cause chaos and backlogs, endanger the livelihoods of British citizens in Gibraltar, wreck the territory’s economy and possibly cost it hundreds of millions of pounds a year, and place pressure, ultimately, on the UK taxpayer to pick up the bill.
All my predecessors since the referendum have had to wrestle with the looming threat to Gibraltar’s economy and way of life. These issues were, regrettably, left out of the EU exit negotiations. The previous Government began further talks to address them in 2021, when the former right hon. Member for Esher and Walton was Foreign Secretary. The issues were taken forward by the right hon. Member for Braintree (Sir James Cleverly), and the noble Lord Cameron of Chipping Norton came close to reaching an agreement. I pay tribute to their efforts, and to them for briefing me on Privy Council terms when I was in opposition.
It fell to this Government, when we came into office last year, to get a deal over the line, and it was imperative that we did. Gibraltar is part of the British family. Its people are British citizens. Its military facilities are of the utmost importance to Britain’s security, protecting important global trade routes in volatile geopolitical times. Britain is safer thanks to the work of our armed forces on the Rock. Since coming into office, therefore, we have made it a priority to negotiate a lasting solution with the European Commission and Spain.
I acknowledge the role of the Minister for Europe, North America and the Overseas Territories, who, in opposition and government, has been a relentless advocate for the people of Gibraltar, and has been integral to finding a mutually beneficial way forward. I also thank the Minister for the Armed Forces, as well as the dedicated team of Foreign Office diplomats for all their efforts, led by Lindsay Appleby in Brussels and Robbie Bulloch in London; their negotiating skill and deft diplomacy have been in the finest tradition of our diplomatic service.
British Ministers and officials have worked hand in glove with the Government of Gibraltar to conclude these tricky negotiations. Chief Minister Fabian Picardo has been at the table at every single stage of the process. Yesterday, he welcomed me to Gibraltar before we travelled together to Brussels to conclude the talks—as he said, as “a united British family”.
This Government would never agree to any solution that did not have the full support of the Government of Gibraltar—nothing about Gibraltar without Gibraltar. The Chief Minister has said that what we have agreed is
“something remarkable…Something bold. Something forward-looking and hopeful.”
I pay tribute to all those whose tireless efforts have helped to get us here. We have protected Gibraltar’s sovereignty, economy and way of life for the long term. Since 2021, this and previous Governments have been involved in 19 formal rounds of talks and countless technical discussions, sherpa meetings and ministerial calls—it was a massive collective effort—to ensure that Gibraltar could continue to prosper.
We have agreed a unique and practical solution to the problem facing Gibraltar, the only British overseas territory that shares a border with the EU’s visa-free Schengen area. Its people’s livelihoods depend on a fluid border. Our solution will deliver jobs, investment and stability, not just for Gibraltar, but for the entire region. British sovereignty over the whole of Gibraltar, including British Gibraltar territorial waters, remains sacrosanct and iron-clad. On starting talks, I immediately secured an agreement to add a clause explicitly protecting our sovereignty, and the same goes for British Forces Gibraltar, which will continue to operate without interference or interruption, exactly as it does today.
Traffic at the border between Gibraltar and Spain will be able to flow, without checks on the people crossing. Residents of Gibraltar and of nearby Spanish communities will be able to go about their daily life, as they have done. For those arriving by air at Gibraltar’s airport, there will be dual border control checks—a model similar to the one whereby French police operate in London’s St Pancras station. Ignore the fake news: Gibraltar will not be joining Schengen. That was never on the table. Immigration, policing and justice in Gibraltar will remain the responsibility of Gibraltar’s authorities.
As for products entering Gibraltar across its land border, there will be a unique goods and customs model, avoiding the need for onerous checks at the border. With this pragmatic solution, flights will be able to operate from Gibraltar airport across Europe, driving growth and jobs for the people of Gibraltar.
This Government are showing that a pragmatic, positive relationship with the European Union pays off for the British public. Just as at the UK-EU summit last month, we are solving the problems left by the previous Government and their thin Brexit deal, and are making working people across the British family safer and better off. We can now also strengthen our co-operation with Spain, our NATO ally, a place that British people know so well.
I am grateful to my counterparts in Spain and the EU for completing these negotiations in good faith, in the spirit of win-win solutions for all parties involved. This agreement paves the way for finalisation of the UK-EU treaty text on Gibraltar. All parties have committed to completing this as quickly as possible. I can reassure hon. Members that the House will have the opportunity to scrutinise it in the usual way. I hope that Members from all parts of the House take this matter with the seriousness that it deserves and back the solution that Gibraltar’s Chief Minister and I have come to, guaranteeing Gibraltar’s sovereignty, economy and way of life.
This is what competent government looks like: fixing problems, not creating them; standing up for our overseas territories, not leaving them exposed; and protecting Britain’s interests abroad, to ensure security and growth at home. With this agreement, Gibraltar will have easier access to the European economy. Its businesses can plan for the long-term once again, and its citizens can feel reassured about their future. Britain’s commitment to Gibraltar remains as solid as the Rock itself. I commend this statement to the House.
Priti Patel (Witham) (Con)
The thoughts of the whole House will be with those affected by the plane crash in Ahmedabad, Gujarat, and the emergency services at the scene. I thank the Foreign Secretary for assuring us about the assistance that will be given to the families affected. As we know, British nationals are involved.
On the statement, I pay tribute to the Chief Minister of Gibraltar, Fabian Picardo, and his team for the constructive way they have approached this issue. They worked constructively with Ministers in the previous Conservative Government to set out the negotiating position and red lines, the UK having recognised the choices that Gibraltar made in its interests.
The Chief Minister stated in a letter to the former European Scrutiny Committee that
“the UK and Gibraltar have never worked more closely together in delivering the outcome that the People of Gibraltar want”.
As my noble Friend Lord Cameron of Chipping Norton said when he gave evidence to the Committee last year:
“Fabian Picardo and I are joined at the hip: we will not agree anything that we are not both comfortable with.”
The Foreign Secretary has acknowledged his predecessor’s work and taken time to reflect on it and secure this outcome. Will he also acknowledge that this negotiating process has been frustrated by Spain, which, as we know, blocked these issues from being resolved through the Brexit negotiations?
His Majesty’s Opposition will judge the deal agreed on whether it meets the aims and objectives that we outlined when in government with Gibraltar and once we see the full details. Our principles have been that nothing compromises or infringes on the sovereignty and constitutional arrangements of Gibraltar, which is to remain British. We believe that we must able to operate our base as we have done to safeguard our defence and interest, and that the deal must be backed by the Government of Gibraltar and Gibraltar’s people to support their interests. It must also address the concerns about the actions of Spain to frustrate and prevent the free flow of goods.
I heard what the Foreign Secretary said in his statement and in the joint statement from the Government of Gibraltar, the UK Government and the EU Commission. I have the following questions. Can the Foreign Secretary confirm when the House will get to see the full details of the deal and the treaty? In a letter to the House of Lords International Agreements Committee, the Minister responsible for the Indo-Pacific, the hon. Member for Hornsey and Friern Barnet (Catherine West), commented on the benefits to scrutiny of sharing the initial treaty text in advance of its being laid formally. Given the importance of the issue, will the Foreign Secretary make a draft available to the House before signing, and will he commit to make parliamentary time available to debate the treaty?
Can the Foreign Secretary confirm whether the red lines that the last Government set with the Government of Gibraltar have been met or whether, during the negotiations and since he took office last year, there has been any divergence from them? Can he give assurances that under this deal we will see a stop to the games that have been played by the Spanish that disrupt the border and the freedoms that Gibraltarians should enjoy? They cause disruption in the EU, so has he received commitments from Spain and the EU that this will never happen again? With in excess of 15,000 people crossing the border every day, it is vital for economic interests that a fluid border, which Gibraltar wants, is in place. That is why when we were in government we respected the choice of Gibraltar to work to achieve this.
No mention is made of the military base in the joint statement, but the Foreign Secretary has referenced it. Can he confirm that nothing will be agreed that infringes on our ability to operate the base, and will members of our armed forces be able to access Gibraltar without needing Schengen checks? On the juxtaposed border controls, can he give more details about their practical operation and explain to the House how they will work? Can Spanish officers stop a British citizen from coming to stay in Gibraltar? Will British citizens’ time staying in Gibraltar count against the 90-day Schengen limit?
Finally, the joint statement issued lists areas that the agreement will include, covering state aid, taxation, the environment, transport, the rights of frontier workers, social security co-operation and financial mechanisms on training and employment. However, there is a lack of detail. When will the details come forward, and when will we be able to scrutinise them? Does this put Gibraltar in a customs union with the EU? What does this mean for VAT? Will there be any provisions that will require Gibraltar or the United Kingdom to pass legislation, including to enact any EU law? Conservatives will always defend British sovereignty and the rights of Gibraltar, and we will continue to scrutinise the details of this deal so that nothing undermines this.
Mr Lammy
I am grateful to the shadow Foreign Secretary for the tone of her remarks. She is absolutely right to pay tribute to Fabian Picardo, the Chief Minister of Gibraltar, who has been fantastic to work with throughout this. As I said to him, nothing about Gibraltar without Gibraltar. He has been in the room every time that talks have been conducted. I am grateful to previous Foreign Secretaries for the briefing that they gave me in office.
May I be clear that the military base will continue to operate as it does today? There will be zero change. It is vital for UK national security, and it is protected by this agreement. That was a red line for us throughout the negotiations.
The right hon. Lady asks whether the arrangement changed with the change of government. On the red lines that were set out by the Gibraltar Government, the answer is no. The only thing that changed was that I insisted that there was a sovereignty clause, which she will see when the treaty is published.
The right hon. Lady asks how quickly we will be able to share the treaty. We hope to do so as quickly as possible. She will recognise that there is a lot of technical detail. Work is ongoing with lawyers to draft the treaty, and between the European Union and Spain to ensure that the language in it is aligned, but we will get to that point as quickly as we can.
The right hon. Lady asks about parliamentary scrutiny. I assure her that we will follow the Constitutional Reform and Governance Act process, as is right. Parliament will be able fully to scrutinise the treaty, and to debate the terms of the treaty if it wishes, as she would expect.
The right hon. Lady asks about Schengen. As I said in the statement, this was never on the table. I give her the assurance that immigration, policing and justice in Gibraltar will remain the responsibility of the Gibraltar authorities.
The right hon. Lady asks about VAT. I assure her that Gibraltar will not be applying VAT and will maintain its fiscal sovereignty.
The right hon. Lady asks about the 90-day rule. Because there will, in effect, now not be checks at the land border, it is right that Gibraltarians can come and stay as long as they want. But for those who are travelling into Gibraltar from Spain, or those who are arriving in Gibraltar at the airport, I can confirm that the 90-day rule will apply across both Gibraltar and Spain.
I recognise that these questions touch on the issues that dominated this House following the decision to leave the European Union, which was, of course, a decision that divided the nation. But this moment, this deal and this arrangement, for which Gibraltar was in the room, represent a conclusion to that period. I am very grateful for the tone that the Official Opposition have taken.
Emily Thornberry (Islington South and Finsbury) (Lab)
I have to admit that when Brexit happened, I thought that the problem of Gibraltar would be so difficult that I really did not see how we would ever get over it. It is a tribute to the flair, the flexibility and the fraternity on display on all four sides of the negotiations that the Foreign Secretary has been able to come to this place to announce such a great success, and I congratulate him and his team wholeheartedly.
The Foreign Secretary talks about our scrutinising this matter in the usual way under the CRaG process. I have to say that I think the CRaG process is rubbish, and I ask him to look again at, in essence, our having the right, as opposed to being given it by largesse, to debate and vote on a treaty. The requirement is that the Government lay before Parliament a treaty, which this House may resolve not to ratify during a 21-day delay. How that is done, I frankly do not know, because it has never been done, but it could, in theory, result in a delay of 21 sitting days. In many cases, it would be not so much ping-pong as hoofing the ball up the pitch again and again. The CRaG process is obscure and out of date. It is basically the Ponsonby rule, and it is unfit for the 21st century and unfit for this place. I ask the Foreign Secretary to look at it again.
Mr Lammy
I will begin by congratulating my right hon. Friend on becoming a dame and on her trip to Buckingham Palace yesterday. I hear what she says about the CRaG process. I recognise the importance of that to the House, so through the usual channels, we will do everything that we can to ensure that there is the appropriate parliamentary scrutiny, and that the House can remain united and confident that Gibraltar remains sovereign, that the base is secure and that our relationship with both Spain and the EU is appropriately intact.
Madam Deputy Speaker (Caroline Nokes)
I call the Liberal Democrat spokesperson.
Helen Maguire (Epsom and Ewell) (LD)
Our thoughts also go out to all those families involved in the tragic air crash in India today.
I thank the Foreign Secretary for advance sight of his statement. The Conservatives’ botched deal with Europe left Gibraltar in a state of limbo for years. Our hope is that this new agreement will work to the genuine benefit of Gibraltarians, leaving no lingering questions over the status of Britain’s sovereignty of the territory and our commitment to the self-determination of Gibraltarians.
There are a number of vital principles at stake. To ensure that the deal effectively secures the future of the Gibraltarian economy, it is vital that Parliament is given the opportunity to scrutinise the details of the agreement and vote on it. Will the Minister therefore commit to bringing the deal before the House for a review and outline when MPs can expect to vote on it? It is also vital that the Government provide further clarity on the timeline for implementing the deal. Will the Minister therefore confirm whether a provisional date has been agreed for its implementation and whether that timeline provides enough of an opportunity for parliamentarians to provide adequate scrutiny? Another principle is that nothing about Gibraltar should be agreed without Gibraltarians. Will the Minister provide further details on what steps have been taken to consult them, including representatives of business, to ensure that their interests have been front and centre in the negotiations?
The Spanish Government have been willing in the past to act unilaterally over Gibraltar and to the detriment of Gibraltarians. Will the Minister outline what mechanisms will exist in the deal to ensure compliance and effective dispute resolution in the event of future possible unilateral action, thus giving confidence to Gibraltarians that the deal will be enforceable? Finally, will the Minister confirm the lifespan of the deal and whether it will include an opt-out clause, ensuring the ultimate guarantee of Gibraltar’s sovereignty?
Mr Lammy
The hon. Lady is right that the people of Gibraltar have been in limbo since the Brexit decision, which is why it was important that, in coming into office and inheriting this from the last Government, we put every effort into it. Let me again pay tribute to the Minister for Europe who rolled up his sleeves and was a sherpa at a lot of those meetings, particularly over the last year.
The hon. Lady asked about business. I assure her that I was with representatives from the business sector in Gibraltar yesterday morning discussing what a deal would mean for them if it were reached later in the afternoon. There was one word that they kept coming back to: certainty. They wanted certainty, and they wanted the opportunity of a more frictionless border arrangement with Spain and the opportunity to sell into the Spanish market unhindered. That is what they said and that is what we particularly took on board.
The hon. Lady rightly asked about any ability to thwart the deal that might exist in parts of the Spanish parliamentary system. May I remind her that the deal, appropriately, is between the United Kingdom and the European Union, that we have always been a country that meets our treaty obligations seriously and that whatever one’s views about the European Union, it is also an organisation that meets its obligations seriously? When we sign up to a treaty, that is what we are doing. As with the trade and co-operation agreement, there is a review mechanism that would allow the appropriate review; indeed, the UK-EU summit that we had a few weeks ago was an appropriate review. However, we met our obligations under the TCA in opposition, standing up for the agreement that had been struck by the last Government, and we would expect the same in this instance.
Phil Brickell (Bolton West) (Lab)
May I congratulate the Foreign Secretary and Chief Minister Fabian Picardo on getting this landmark agreement over the line? The agreement further cements Gibraltar’s place as an integral part of the British family. Will the Foreign Secretary confirm to the House what further measures he is taking to strengthen relationships with the overseas territories?
Mr Lammy
I am glad that my hon. Friend mentioned the overseas territories more generally. We had a good meeting of the heads of the overseas territories at the end of last year, at which I and the Prime Minister were in attendance. We have undertaken to conduct a review of our relationships to strengthen those further, and the Minister for Europe, North America and Overseas Territories is taking that forward as we speak.
Sir James Cleverly (Braintree) (Con)
The right hon. Gentleman will know—and he will not take this personally —that for the most part I think his Government’s ability to negotiate is appalling. The only reason I have any confidence that this might be a good deal is that the Government of Gibraltar were heavily involved. At some point in the future, this House—me included—will see the detail of this agreement, and I will know what red lines I stuck to when I was negotiating. To save time and for the education of the House, will he, without going into details, let us know: did the European position, including the Spanish position, move closer to ours or did we move closer to theirs to get this deal over the line?
Mr Lammy
I say to the right hon. Gentleman that we strengthened the deal, and we did that by putting in a sovereignty clause to ensure that there was no question about the sovereignty of Gibraltar and its unique relationship as part of the family of the United Kingdom. We were able to reach a deal yesterday that the European Union and the UK had negotiated. We ensured that Fabian Picardo was in the room at every meeting and the European Union ensured that Spain was in the room at every meeting. The right hon. Gentleman will know that Gibraltar has been a block on our bilateral relationship with Spain. This is an opportunity for us to work with Spain and to deepen that relationship, as we have been able to do with so many other countries across Europe.
Lizzi Collinge (Morecambe and Lunesdale) (Lab)
I used to live in Andalusia, close to the Gibraltar border, so this issue is very close to my heart and I congratulate the Foreign Secretary on the deal. The people of Spain, Gibraltar and Britain are very close, we have very deep links and, as they say in Spain, “Hacemos buenas migas.” Does the Foreign Secretary agree that this is not only a great deal for the economy of Gibraltar, but a chance to deepen those relationships and continue those friendships that have gone on for so many years?
Mr Lammy
I am grateful to my hon. Friend, because her question gives me the opportunity to remind people about the many Spanish families living across the border who make their way into Gibraltar for work and to see loved ones, and who were subjected to checks. Now, those families will not have those checks and it will be much more seamless to go between both sides. This is a win-win for them as much as it is for those in Gibraltar. I am grateful to her for bringing to mind the people, and not just the businesses, who will benefit.
Sir Julian Lewis (New Forest East) (Con)
It is encouraging that the Gibraltarians are receiving more consideration than the exiled Chagossians did. When the Foreign Secretary says that a sovereignty clause was inserted, does that mean that Spain absolutely and explicitly recognises the sovereign relationship between Britain and Gibraltar? If so, what has the reaction been of those elements that he referred to in Spanish politics that do not accept that relationship?
Mr Lammy
Absolutely, Spain does recognise the sovereignty of Gibraltar and its relationship with the United Kingdom in the agreement, and the right hon. Gentleman will see that detail in the treaty. He will know that the subject of dispute over many, many years—long before many of us were in this House—is over the isthmus. Much of the territory that some would describe as neutral—others have different descriptions—exists between Gibraltar and Spain. Overwhelmingly, there has been support for reaching this moment on both sides. I cannot comment on the extremities of politics in Spain, but I am sure that these days that can be looked up on social media.
Emma Foody (Cramlington and Killingworth) (Lab/Co-op)
My hon. Friend the Member for Portsmouth North (Amanda Martin) is the chair of the all-party parliamentary group on Gibraltar. I know she is disappointed not to be able to join us today and would want to be here to welcome today’s UK-Gibraltar-Spain-EU agreement. It protects Gibraltar’s sovereignty, secures the British naval base and reduces border checks from 10 million to 250,000 a year, as well as strengthening the economy through new European flight access. That is an incredibly strong outcome. Will the Foreign Secretary confirm how we will ensure its smooth and effective implementation on the ground?
Mr Lammy
I, too, pay tribute to the work of my hon. Friend the Member for Portsmouth North (Amanda Martin) for championing the people of Gibraltar and their issues and for ensuring that, in coming into Government, we made sure that there could not be an agreement that Gibraltar’s representatives were not content with. I should update the House that yesterday I also met the Opposition in Gibraltar, so they were fully informed of what I hoped would become a good outcome today. We will work at pace on the treaty. I cannot give my hon. Friend a timeline because of the technical legal detail that that will involve, but I will seek to update the House in the appropriate way if there are delays.
Dame Harriett Baldwin (West Worcestershire) (Con)
I thank the Foreign Secretary for the tone of his statement and the tributes he paid to not only his predecessors, but the officials and diplomats who have been involved in the negotiations for many years. I do not think I heard an answer to the question asked by the shadow Foreign Secretary, which was: can a British citizen flying from the UK to Gibraltar now be stopped by a Spanish official as they land? On the sovereignty clause, will he clarify whether it means that Spain has abandoned its claim altogether, or does it plan to follow the same route that Mauritius did with Diego Garcia?
Mr Lammy
On the first point, we have stuck to the political framework that was negotiated and agreed back in 2020 by the then Foreign Secretary, the former Member for Esher and Walton. I have a photograph from the agreement that was struck, of where we would be locating effectively a joint facility in the airport. There will be a second line queue, as there is in St Pancras, and there will be Spanish border guards and police situated in that second line. Of course, if there was an alert at that point—not on its own, but at that point—there would be a hand-back facility with the Gibraltar police, so they will be working alongside that Spanish team. If there was an alert, the individual would have the right to legal advice. They would be able to either return to their country of origin—let’s say the UK—or voluntarily go over to Spain to face questions. The key thing is that it is joint and alongside the work and efforts of the Gibraltar police and the Gibraltar customs and border guards.
Joe Powell (Kensington and Bayswater) (Lab)
I strongly welcome this political agreement and congratulate the Foreign Secretary and the ministerial team on achieving it. I recently met Chief Minister Picardo, alongside my hon. Friend the Member for Bolton West (Phil Brickell), the right hon. Member for Sutton Coldfield (Sir Andrew Mitchell) and other members of the all-party parliamentary group on anti-corruption and responsible tax, to welcome the progress that Gibraltar has made on anti-money laundering, including through publicly accessible registers of beneficial ownership. Will the Foreign Secretary confirm that it is the intent in the future EU-UK agreement that there will be a section on anti-money laundering? Does he agree that it sends a message to other overseas territories that tackling economic crime can be a strength in terms of business confidence and investment, and not something to be feared?
Mr Lammy
I am grateful for my hon. Friend’s work in this area. He will recognise that Gibraltar, as an overseas territory, is at the strong end of tackling issues of illicit finance and is paving the way. There is more work to do on this issue and particularly on beneficial ownership. I intend to take this forward, working alongside our new envoy in this area, Baroness Hodge, and culminating, I hope, in an event in London next year.
Sir Ashley Fox (Bridgwater) (Con)
Gibraltar is British and its citizens are British by choice. I was proud to represent Gibraltar for 10 years when I served in the European Parliament. Can the Minister confirm that once the full text is available, he will allow time for both this House and the Gibraltar Parliament to scrutinise the deal before it is ratified?
Mr Lammy
I do not want to speak for the Chief Minister, but I know that he was expecting for there to be the appropriate scrutiny of the Bill in the Gibraltar parliamentary system. Of course, as we would expect, this has garnered a lot of attention in Gibraltar. I have given my undertaking to the Chair of the Foreign Affairs Committee, my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry). I recognise that this is an important last aspect of our decision to leave the European Union and that it needs the appropriate parliamentary scrutiny.
Sean Woodcock (Banbury) (Lab)
I am grateful to my right hon. Friend for his statement. Can he confirm that it is his expectation that this deal will provide new opportunities for growth in trade and for businesses in Gibraltar?
Mr Lammy
I can confirm that. There was palpable excitement, when speaking to businesses in Gibraltar yesterday morning, at the opportunities that would arise. Of course, for small and medium-sized businesses, there will be some change. It is important, and we have discussed this with the Chief Minister, that we can support those businesses on trade, on skills in particular and on the opportunities that exist on both sides of the border.
Richard Tice (Boston and Skegness) (Reform)
I want to probe the question of whether Spanish border officials have an effective veto on the entry of a British citizen from the United Kingdom landing on British sovereign territory in Gibraltar. I just want absolute clarity for everybody in this House: do Spanish officials have a veto or not? Secondly, will the Foreign Secretary comment on the dispute resolution mechanism and whether there is a regular review clause?
Mr Lammy
I do not know if the hon. Gentleman has flown into Gibraltar airport, as I have, but if he flew into Gibraltar and there was an alert—I am not sure why there might be an alert in the Schengen system— I reassure him that as he is stopped by the Spanish border guards operating on behalf of the European Union, he would be handed back to the Gibraltese, where he might feel more comfortable. He would be able to access his rights and the legal system that he certainly feels comfortable with, which is ours. He would be able to return to the United Kingdom, where no doubt the Spanish would seek to extradite him and many in this House would be rather pleased.
Greg Smith (Mid Buckinghamshire) (Con)
Notwithstanding the Foreign Secretary’s commitment to the sovereignty clause, the question of sovereignty can only really be answered once we have the full detail of the treaty. That scrutiny is made poorer by the Government’s decision when they took office to abolish the European Scrutiny Committee, which did detailed work on this subject in the last Parliament. If I may tease out a further response, given the unique nature of Gibraltar airport, where the runway and aerodrome are owned by the Ministry of Defence and operated by the Royal Air Force, will a member of the British armed forces landing in Gibraltar have to prove their British identity to anyone in order to go to work?
Mr Lammy
No, absolutely not. We have secured that arrangement. The hon. Gentleman will recognise that Spain is a NATO ally, and it understood the importance of that requirement. As it has been raised, let me just say that, yes, there is a dispute resolution mechanism and a termination clause, as the House would appropriately expect.
Martin Vickers (Brigg and Immingham) (Con)
This welcome agreement has been a long time coming. Those of us who have had the privilege of visiting Gibraltar on official delegations are aware of how loyal Gibraltarians are to Britain and the British Crown. On the talk of sovereignty, I think we have established that, other than the St Pancras-style arrangement, the Spanish police will have no authority. Can the Foreign Secretary confirm that no other Spanish authority—customs officials, for example—will have any authority on the Rock?
Mr Lammy
Yesterday I met Joe Bossano, who, at 85, is a long-standing Member of the Gibraltar Parliament. He shared his reflections on Gibraltar and its attachment to the UK, on the war and being evacuated to the UK, and on where there have been disagreements with the UK, when the UK has not understood that Gibraltar is part of the family. I give the hon. Gentleman the assurance that he seeks: yes is the answer.
Bob Blackman (Harrow East) (Con)
It is clearly in the best interests of Spain and Gibraltar for there to be a free flow of individuals backwards and forwards across the border. For UK citizens who fly into Spain or Gibraltar and hire a car to cross the border into Gibraltar or Spain, what checks will there be at the border? Clarity on that point would help.
Mr Lammy
The clarity is that there will no longer be any checks. If they fly into Spain, they are flying into the Schengen area. If they fly into Málaga, they are free to drive to Gibraltar without checks—they would already have had those checks. The same applies in the other direction.
Jim Shannon (Strangford) (DUP)
I thank the Foreign Secretary for his statement, but I must ask a question given the similarities between Gibraltar and Northern Ireland. The sovereignty issues faced by Northern Ireland in terms of European overreach on borders mean that Northern Irish people will feel anxiety about this agreement. Will the Secretary of State outline what consideration has been given to the views of Gibraltarians, and what consultation was held regarding the policy of a foreign nation on their soil?
Mr Lammy
I reassure the hon. Gentleman that our position of “nothing about Gibraltar without Gibraltar” gave those guarantees, and no meetings were held—certainly not under this Government or, I am quite sure, under the previous Government either—without the Chief Minister in the room, so that they were happy. We would not have had a deal were they not happy; there would not have been a deal were the Chief Minister not able to stand up and say, “I am happy with this deal.” That was the guarantee we gave. Of course we reflected on the issues that arose in relation to Northern Ireland.