Gibraltar

Priti Patel Excerpts

Thursday 12th June 2025 Commons Chamber

[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.