Gibraltar

Lord Luce Excerpts

Monday 10th March 2014 Lords Chamber

[Lord Luce (CB)]

My Lords, I had the very great privilege of being Governor and Commander-in-Chief of Gibraltar in the late 1990s. I thank my noble and learned friend Lady Butler-Sloss for introducing this important debate and at this time.

Of course we all want good relations with Spain. Bilateral relations are important. They are partners in the European Union and our partners in NATO. There is one other responsibility that we also share: we are both former imperial nations and we both inherited responsibilities to certain territories which have decided that they wish to keep their link with their former imperial power. In the case of Spain, it is Melilla and Ceuta; in the case of Britain, examples are the Falklands, Bermuda and Gibraltar. Spain needs to understand and respect that fact.

I believe that relations between the Spanish Government and Gibraltar and our country are worse than at any time since Franco was in power. That is damaging to our relations with Spain and is in sharp contrast to the behaviour of the previous Spanish Government, who had a very sensible policy on regional co-operation in that area. This Spanish Government have a record of incursions, border harassment, ending the negotiating process, undermining Gibraltar’s participation in EU directives, generating an atmosphere of hatred in Andalucía towards Gibraltarians, false accusations of smuggling, money-laundering and so on, and behaving more like Francoists than democrats. Why do they do this? As the noble Lord, Lord Patten, rightly said, we have seen this elsewhere, in the Argentine. It is simply a diversion from their economy, from the corruption cases that they have, from youth unemployment of over 50% and from the separatist movements in their country. If they wanted to win over the Gibraltarians, they would not exactly be bullying them in the way they are doing at present. Who suffers? It is not just Gibraltarians but all the Spaniards in that region. Gibraltar has withstood this pressure enormously well, with a growth rate last year of 8%, but it is asking an awful lot of it.

The British Government’s words of support have been robust but their deeds do not match their words. My experience as a former governor and following a recent visit in the autumn is that we give the wrong signals to Spain. Spain thinks that by bullying it can erode our position in Gibraltar. Psychologically, for a long time our Government—it does not matter of what colour—have felt that they should be timid for fear of upsetting the Spanish. I am not convinced that this Government are giving the kind of defence support that has been asked for by successive governors and commanders of British forces. I understand, for example, that some two or three years ago a fisheries protection vessel was asked for but not given. I understand that the British Government have increased the number of crews to support the patrol ships to enable them to be more active, but I ask the Minister whether we are now able to defend the British Gibraltar territorial waters day and night, every week, if we need to. Will the Minister assure the House that we are providing the naval resources that are required to uphold our sovereignty? It is absolutely crucial for the people of Gibraltar to know this.

Secondly, on the border—others have referred to this—it is important to have a report from the Minister about the progress that has been made by the European monitoring commission. We know that the Gibraltar Government have immediately acted on one recommendation—to tighten up on tobacco regulation. The Spanish Government were asked to end random inspections of vehicles on the border and to introduce risk profiling, making more space for the faster flow of traffic. What progress has been made in the past six months? If none has been made, will the Government ask the Commission to make a return visit to take follow-up action?

On the diplomatic side, we must be more robust and immediately respond and protest when incursions are made. On fishing, I am glad to note that the Gibraltar Government have introduced new legislation to do with conservation and proper regulation. On the question of dialogue, the Foreign Secretary quite rightly proposed ad hoc talks. What is the Spanish reaction? I have heard nothing from Spain on this issue.

Others have made many references to the European Union. We must fight our corner in terms of efforts by Spain to exclude Gibraltar from EU directives such as those on aviation.

In short, first, we must defend the Gibraltarians by giving full support to our governor, Sir James Dutton, and our excellent Chief Minister, Fabian Picardo; secondly, we must make sure that Spain understands our determination; and, thirdly, we must work to persuade the Spanish Government that, by returning to the previous policy of regional co-operation, the Spanish people, as well as the Gibraltarians, will benefit and Anglo-Spanish relations will improve.

--- Later in debate ---

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con)]

My Lords, I thank the noble and learned Baroness, Lady Butler-Sloss, for securing this debate and for the comprehensive way in which she outlined the many challenges that the Government of Gibraltar face. I shall try to deal with some of her specific questions. I also thank all noble Lords for their contributions, especially the noble Lord, Lord Luce, whose expertise and opinion on this matter I hugely respect.

Recent months have seen a number of further unhelpful moves by Spain to advance its claims towards Gibraltar, in particular incursions into British Gibraltar territorial waters and the introduction of unreasonable and illegal delays at the border. However, the position of the British Government is unequivocal: Gibraltar and its waters are sovereign British territory. They will remain so for as long as the people of Gibraltar wish them to be and we will continue to respond robustly, taking whatever action is necessary, to safeguard Gibraltar, its people and its economy.

I thank the noble Baroness, Lady Morgan, for her outline of the situation. Our position on the sovereignty of Gibraltar is clear and unchanged: we will protect the right of the people of Gibraltar to determine their political future. The UK will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their wishes. Furthermore, the UK will not enter into any process of sovereignty negotiations with which Gibraltar is not content. I hope those comments are clear and unequivocal.

Gibraltar’s constitution reflects the principle that all peoples have the right of self-determination. The realisation of this right must be promoted and respected in conformity with the provisions of the charter of the United Nations and any other applicable international treaties. I can assure the noble Lord, Lord Luce, that the British Government are confident of UK sovereignty over the whole of Gibraltar, including British Gibraltar territorial waters.

The noble and learned Baroness, Lady Butler-Sloss, and other noble Lords asked what action had been taken and whether it could have been stronger. We have taken robust action. The Prime Minister, the Deputy Prime Minister and the Foreign Secretary have called their Spanish counterparts and we have summoned the Spanish ambassador on a number of occasions. We have made our concerns very clear and have acted in close concert with the Government of Gibraltar. We are strongly committed to a diplomatic solution and we do not believe that tit-for-tat escalation is in anyone’s interest. For example, incursions by the Guardia Civil which involved photography, filming and the circling of ships have been provocative actions and the United Kingdom has raised these at the highest level with the Spanish Government. Indeed, the Prime Minister raised the issue, for example, of border delays with President Barroso in August last year which led to the Commission sending a border monitoring mission in September. The Prime Minister again raised our concerns with Barroso in December last year.

A number of noble Lords, including my noble friend Lady Scott, asked about EU aviation legislation. We cannot accept a return to the pre-2006 practice of suspending Gibraltar Airport from EU aviation measures. We have raised this with the Spanish Government and the European Commission. We believe that the EU treaties are clear that Gibraltar should be included in EU aviation legislation. We have made our position on this clear to the Spanish Government and the Commission. Officials are working with UK MEPs’ offices to ensure that amendments in upcoming EU aviation legislation that would seek to suspend the application to Gibraltar Airport are properly responded to.

The noble Lord, Lord Luce, asked about the position of the Royal Navy. Under the Gibraltar constitution, the Royal Gibraltar Police is tasked with the enforcement of Gibraltar law in British Gibraltar territorial waters. The main tasks of the Royal Navy Gibraltar Squadron are to protect visiting warships and to uphold British sovereignty against unlawful incursions by other state vessels such as the Spanish Guardia Civil. We believe that differences with Spain concerning the water should be resolved by diplomatic and political means, not naval confrontation. Continued escalation is in no one’s interest, but what I say in terms of de-escalation in no way steps back from our commitment.

[Lord Luce]

I am sorry to interrupt the Minister, but perhaps I may pass on one piece of experience from my time. There was a serious fishing dispute and a large number of incursions were being made. The situation drifted and got worse and worse. It was only when at the last moment a Spanish vessel was detained and 14 Spanish people on board were arrested that the dispute was brought to an end. All I am asking for is the robust defence of our sovereignty in those waters.

[Baroness Warsi]

The noble Lord makes an incredibly important point. In response to the increased number of maritime incursions, the Ministry of Defence has deployed additional personnel to Gibraltar to enhance the response capability and resilience of the Royal Navy Gibraltar Squadron. Royal Navy ships will continue to visit Gibraltar regularly in relation to operational and training activities, reflecting its utility as a permanent joint operating base. All elements of the situation, including the maritime security capability available to the Royal Navy Gibraltar Squadron, are kept under review. Should it be necessary, the Ministry of Defence will provide additional assets to the squadron and augment our broader maritime posture as necessary. That issue was also raised by the noble Baroness, Lady Morgan.

My noble friend Lady Hooper is right to say that the border delays are unacceptable and damaging to both the Government of Gibraltar and, indeed, to Spain. The Commission’s letter to Spain following its border mission last September made clear that the intensity of Spanish checks was unjustified. The Commission made recommendations to both sides to improve the flow of people and traffic, and we remain confident that Spain has acted and continues to act unlawfully. We are providing evidence of that to the Commission. The Commission undertook to review the situation after six months following its border mission, and the review will take place at the end of this month. We are providing evidence of continuing border delays in preparation for that review.

My noble friend Lord Patten specifically asked about the issue of the opening of a diplomatic bag. We did indeed summon the Spanish ambassador and subsequently received assurances that it would not happen again, and to date it has not. The noble and learned Baroness, Lady Butler-Sloss, asked about ministerial visits, as did a number of other noble Lords. There have been several ministerial visits to Gibraltar since 2010, the last one having been made in December last year by the Minister for the Armed Forces, and of course their Royal Highnesses the Earl and Countess of Wessex paid a highly successful visit in 2012. Those visits will continue.

I hear what my noble friend Lord Patten had to say in his description of Spain’s behaviour, but as the noble Baroness on the Front Bench opposite also said, Spain is of course still a valued partner in both NATO and the EU. It is in the interests of both our countries and indeed in the interests of Gibraltar for that co-operation to continue. Spain says that it has an excellent relationship with the UK, but it is difficult to see how Spain’s escalation of the dispute over Gibraltar is not going to impact on the wider bilateral relationship. That is a point that we have made to Spain on numerous occasions and we will continue to pursue solutions at this stage through political and diplomatic means.

However, there should be no doubt of our commitment to the people of Gibraltar. Their wishes and their rights are paramount and we will continue to stand up for them. To achieve a solution it is our long-term aim, shared by the Government of Gibraltar, to return to the trilateral forum referred to by the noble Baroness, from which the current Spanish Government withdrew on taking office in December 2011. In the interim we have reiterated to the Spanish Government the Foreign Secretary’s proposal which he made in April 2012 to hold ad hoc talks involving all the relevant parties. We welcome the interest that was shown in that proposal and urge all parties to meet around the negotiating table and engage in constructive dialogue.

We have heard in the debate about a number of politically motivated actions taken by Spain to try to pressurise Britain and Gibraltar. We have also heard that the Government have taken robust action in response, and we will continue to do so. But we are also committed to trying to tackle the underlying tensions through a process of dialogue that will give the people of Gibraltar a voice. As we enter negotiations it is particularly important that all sides are seen to be taking positive action. We welcomed the decision by the European Commission to send a border monitoring mission to Gibraltar in September last year, but these missions will be successful only if the follow-up work, such as implementation of the recommendations that were made by the mission, is done in the same way that the Government of Gibraltar are doing.

At the heart of this issue is the right of the people of Gibraltar to determine their own future. The current constitution of Gibraltar already includes the assurance that the UK will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their wishes. Furthermore, this Government have repeated the assurances given by the previous Government that the UK will not enter into a process of sovereignty negotiations with which Gibraltar is not content. For as long as the people of Gibraltar wish to retain British sovereignty, we will continue to work with their elected representatives to ensure that they can pursue their legitimate interests unhindered by unreasonable and illegal actions by any nation, but of course most recently by Spain. However, it is also clear that co-operation between Gibraltar and Spain offers many benefits to people on both sides of the border. Fostering that co-operation remains in everyone’s interests, and with the support of the Government of Gibraltar, remains our long-term aim too.