Gibraltar and Spain

Jack Lopresti Excerpts

Wednesday 14th October 2015 Westminster Hall

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

I beg to move,

That this House has considered Gibraltar and relations with Spain.

It is a pleasure to serve under your chairmanship, Mr Betts, for this very important debate. I wish to declare an interest, as chairman of the all-party group on Gibraltar. I also recently visited Gibraltar to take part in its national day of celebrations as a guest of the Gibraltar Government.

I understand that there were 285 unlawful incursions of Spanish state vessels into British Gibraltarian waters in the first eight months of this year, and more than 80 in September alone. I hope the Minister will update us on the current situation in his response.

There was also an extremely dangerous incident in August this year, when a Spanish state vessel fired live rounds at anglers on a Gibraltarian pleasure boat. The Royal Gibraltar Police apprehended the vessel and searched it, and no sign whatever of any illicit activity was found. Members may be surprised to hear that the Spanish Government denied the use of live rounds until video evidence of the incident materialised. All the Spanish authorities need to do is communicate with the British Gibraltarian authorities if they are chasing criminal suspects—a system that works well elsewhere around the world. Currently, Spain is putting lives at risk in a needless and seemingly casual manner.

On the matter of British Gibraltarian waters, Spain’s former ambassador, José Antonio de Yturriaga, has said publicly that Madrid’s position on British Gibraltarian territorial waters has no legal basis and that the Spanish Foreign Office has legal opinions that confirm this. According to published reports, the current Spanish Foreign Minister recently acknowledged at a university seminar that the Spanish position on the waters around Gibraltar would be very difficult to defend in court.

It is clear that the treaty of Utrecht in 1713 did not specify territorial waters, because the three-mile—later 12-mile—rule as far as territorial waters are concerned had not yet come into existence. The principle is today enshrined in article 2 of the United Nations convention on the law of the sea, which Spain signed. Although Spain attempted to exclude itself from that clause when signing the convention, it was not able to do so under the agreement.

Interestingly, I read recently that for most of the past 300 years the waters under British control around Gibraltar were much larger and stretched on to several hundred metres of Spain’s south-eastern coastline. Spain was aggrieved that the waters off a section of its coastline were under the jurisdiction and control of another state, and made frequent complaints to Britain. It seems it was under Franco in the late ’60s that Spain came up with the absurd idea that Gibraltar should have no territorial waters. Before that, the Spanish just wanted the equidistance principle—the internationally accepted standard line, requiring countries’ seas to be divided along a median line. Essentially, Spain’s view on and behaviour concerning British Gibraltarian territorial waters has no standing at all in international law, and Madrid is very aware of the fact.

[Dame Angela Watkinson (Hornchurch and Upminster) (Con)]

As my hon. Friend rightly says, the incursions by Spain into Gibraltarian territorial waters have been going on for a considerable time. Spain has been throwing down the gauntlet with these provocative incursions and is clearly saying, “What are you going to do about it?” Is it not time for the United Kingdom to say what we are going to do about it?

[Jack Lopresti]

I agree completely. The fact is that Spain— a NATO and European ally—is so consistently and flagrantly breaking the law that it is astonishing. Spain’s ban on NATO forces moving between Gibraltar and Spain, overfly rights and travel between ports is quite simply to the detriment of western security. The fact that the Spanish will not allow RAF aircraft to overfly Spanish airspace on their way to and from Gibraltar results, I understand from the last speech by my hon. Friend the Member for Aldershot (Sir Gerald Howarth) in the House on the matter, in a cost to the British taxpayer of an additional £5,000 to £10,000 for each flight. Our military resources are finite. Spain seems to feel it acceptable to reduce NATO’s defensive capacity by causing totally unnecessary extra costs, yet we are bound by article 5 of the NATO Washington treaty to expend British “blood and treasure” if Spain ever finds itself under attack.

At the same time, Spain continues to allow Russian naval vessels to refuel at its territory of Ceuta. The press reported that a state-of-the-art submarine had a three-day visit to the port of Ceuta in August this year. It was allowed to take on fuel and water while its crew enjoyed shore leave and Ceuta’s amenities. It is believed that the Russian submarine was headed for the naval base at Sebastopol, although the Russian military denied that. This is at a time when NATO insists that the alliance has suspended all practical co-operation with Russia. It seems Spain organised that with Russia directly against NATO’s and Europe’s position on Russia. Will the Minister explain how that is acceptable and allowed to continue?

Spain seems to be trying to wage some sort of economic warfare on Gibraltar with the ongoing issue of border delays. As the Foreign Affairs Committee report last year made clear, much of the evidence against the border delays came from Spanish workers who commute into Gibraltar on a daily basis. That is still a major problem, but Madrid is not being successful. Gibraltar is a fantastic economic success story, with impressive economic growth. Its GDP for 2013-14 increased by more than 12% in nominal terms, and I understand that forecasts for 2014-15 show a further 10.3% increase—a higher GDP per capita, which is a measure of living standards, than the UK and Spain as a whole, and greatly higher per head than its neighbours in Andalucia. GDP per capita for Gibraltar is forecast to be £50,941 in 2014-15, a long way above that of Andalucia, where GDP per capita was £13,300 in 2014, and higher even than Madrid’s, which was £25,000 per capita in 2014. It is unsurprising that up to 10,000 Spaniards a day cross the border to work in Gibraltar.

The Chief Minister said this week in London that the OECD has confirmed that in terms of financial regulation, Gibraltar is alongside Britain, Germany and the US as the best in the world. Spain’s oft-used propaganda insinuating the opposite about Gibraltarian business has been completely discredited.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Gentleman on securing the debate. He talks about economic warfare. Would he agree that it is actually in the Spanish Government’s and the Spanish people’s interest to come to an accommodation, accepting the people of Gibraltar’s right to be there? Economically, they could then thrive, rather than attempt to marginalise the people of Gibraltar, penalising the thousands of Spanish workers who depend on Gibraltar for their livelihoods.

[Jack Lopresti]

The hon. Gentleman is absolutely right. This situation penalises Spain’s own people and damages its own economic prospects and success for the future. It is completely bizarre that Spain should behave in this fashion.

I turn to the matter of the Royal Navy. The two Royal Navy ships in Gibraltar are more than 20 years old and are, I understand, not the best modern option. The Government of Gibraltar have indicated that they would finance another Royal Navy vessel. Does the Minister think we should accept that offer? Regardless of that fact, the British Government should significantly increase their naval presence in the straits. That would send the clearest possible signal to Spain that we are absolutely serious about defending our strategic interests in Gibraltar and our people there.

As history has proven countless times, weakness is provocative. We should make the rules of engagement for our naval vessels more robust for clarity and to act as a deterrent. I fear there will be a tragedy sooner or later as a result of the aggressive, illegal Spanish incursions, with lives lost, if we are not clear about how serious we are.

Will the Minister tell us what the rules of engagement are for our forces operating around Gibraltar? We can draw our own conclusions about the fact that the Spanish do not harass or get too close to US navy vessels operating around Gibraltar. I would like to know how many times the British Government have protested to Spain about its hostile and illegal actions with regard to the British sovereign territory of Gibraltar. I know that since 2011, the Spanish ambassador to the Court of St James has been summoned at least five times. That puts Spain in the same category as North Korea and Syria—a completely ridiculous situation.

If the Spanish Government cannot start treating their NATO and European Union ally correctly, what can the British Government do next—recall our ambassador to Spain? Send its ambassador back? Spain’s position on Gibraltar is as if we did not accept the treaty between the US and the UK that recognised the outcome of the US war of independence. Gibraltar has been British for longer than the US has been a nation. It is time for the Spanish Government to stop using Gibraltar to mask their own problems and inadequacies and start behaving like a true NATO and European ally, with all the positive benefits that would bring for Gibraltar and the Spanish people.

--- Later in debate ---

[Mr Lidington]

I am grateful to the hon. Gentleman. I feel that on Monday night there was a real sense of economic optimism about Gibraltar’s future, based both on the economic success that Gibraltar has achieved and on the way in which Gibraltar has organised itself—I will return to this in more detail—so as to meet global standards, particularly in the provision of financial services, which match the best in the world.

Before the intervention, I was saying that I wrote to the Chief Minister of Gibraltar after the Government’s election in May to tell him that we were about to embark on the European negotiations and that he should let the Foreign Secretary and me know at any time of any matter in the process that is of concern to Gibraltar. Since then, there have been regular contacts at official level between the United Kingdom Government and the Government of Gibraltar, as well as conversations at ministerial level. I last discussed EU matters with the Chief Minister in Manchester last week. The Government will hold to that commitment.

I was also asked about the Government’s attitude towards Spanish hospitality to Russian warships in its Moroccan exclave of Ceuta. The fact is that that is ultimately a matter for the Spanish Government to decide. I find it extraordinary that such hospitality should be shown at a time when Russia is not only engaged in a campaign of aggression and destabilisation in Ukraine but has acted in a way that threatens the security of a number of our EU and NATO allies, particularly the Baltic states, but this is ultimately a matter for Spanish Ministers to consider.

The UK has promised to protect the right of the people of Gibraltar to determine their own political future. We stand by our assurance never to enter into arrangements in which the people of Gibraltar would pass under the sovereignty of another state against their wishes, and we will never enter into a process of sovereignty negotiations with which Gibraltar is not content. I want there to be no misunderstanding of our position: Gibraltarians will be British for as long as they wish to remain so. We regard Gibraltar as including the isthmus and British Gibraltar territorial waters, as well as the Rock itself.

[Jack Lopresti]

Going back to security and NATO in particular, given that the Spanish are inhibiting NATO naval craft and aircraft from going to Spanish ports and overflying Spain, and the added dimension of their help to the Russians, can we do anything in the NATO Parliamentary Assembly or use Spain’s membership of NATO to put pressure on them? As the Minister says, the way that if behaves is astonishing.

[Mr Lidington]

We make representations about Spain imposing restrictions of the type that one should not expect of a NATO ally. In most respects and over most policy areas, we have a very constructive and co-operative relationship. I do not think that the Government raising such matters in a formal NATO setting will help. In the meetings of the North Atlantic Council and the like, the emphasis will be on what we need to do jointly in the challenges to the collective security of NATO members. We have not forgotten about the issue. We shall continue to press for changes. I can assure my hon. Friend that the armed forces have advised Ministers that although the Spanish restrictions are irksome, they do not adversely affect the military capacity or preparedness of the UK or of NATO collectively.

I want to focus on exactly how the UK Government works with and for the people of Gibraltar. When I last spoke in the House on the subject of Gibraltar, in January, Spain had only just started work on improving the infrastructure on its side of the border with Gibraltar. Those improvements were demanded by the European Commission, whose officials had visited twice to survey the situation at the border. Those visits were themselves a direct result of sustained and targeted lobbying by the UK, including by the Prime Minister, who raised the issue directly with the then President of the European Commission, José Manuel Barroso. Our lobbying, in close partnership with the Government of Gibraltar, is now paying off. Spain has completed the work at the border. I am pleased to say that delays have now dropped to levels comparable to those before the summer of 2013.

I understand that the Commission plans to visit again later this month. Obviously, we will continue to monitor the situation at the border closely, and we will not hesitate to raise our concerns again with Spain and the Commission if we see any further politically motivated tactics to create delays. As the right hon. Member for Wolverhampton South East and other hon. Members pointed out, one should expect passport checks and other proportionate checks at the Spain-Gibraltar border, but those should be no more and no less burdensome than the kind of checks that would be carried out on any other non-Schengen European border.

In turning to incursions, I pay tribute to the vigilance and sheer hard work of the Royal Navy Gibraltar Squadron, whom I visited on my last trip to Gibraltar, and the Royal Gibraltar Police and customs service, who ensure that the law is upheld in British Gibraltar territorial waters.