Gibraltar Treaty

Wendy Morton Excerpts

Thursday 26th February 2026 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am grateful to the Minister for bringing this statement to the House and for allowing me to have advance sight of it, but let me be clear: Parliament is reacting to events, rather than being respected as part of the process.

For weeks, detailed provisions of the treaty have circulated in the press before Members of this place have been permitted to see any legal text. That is not how serious constitutional business should be conducted. Now that we have the text, proper scrutiny must follow in this place and in Gibraltar. As we have consistently said, this must be a deal that the Government, the Parliament and, above all, the people of Gibraltar are comfortable with. It is right that the democratically elected Government of Gibraltar have led negotiations and prioritised a free-flowing border, but trade-offs come with that, and it is our duty to examine them carefully.

The sovereignty clause states that nothing in the treaty alters the respective legal positions of the UK or Spain, but sovereignty is not simply about words; it is about how arrangements operate in practice. What recourse does the United Kingdom have if there is an operational overreach by Spain, including in the exercise of border control powers within Gibraltar’s port and airport? Will British citizens be subject to the 90-day Schengen rule in Gibraltar? What is the reciprocal position for Spanish citizens, and what protections exist for British nationals with long-standing ties to Gibraltar who do not hold Gibraltar ID cards? What mechanisms are in place to resolve disputes when asymmetric decisions are taken at the border?

On customs, processing at EU-designated points in Spain and Portugal raises practical and constitutional questions. What oversight will the UK have, and what recourse exists if those arrangements fail to operate effectively? What protections are there for imports of British goods and for Gibraltar’s distinct economic model, particularly its financial services sector? Have the Government’s impact assessments fully examined UK-Gibraltar trade flows and potential adverse effects?

We must also address dynamic alignment. The treaty does not merely apply a fixed list of EU laws; it provides for future EU Acts listed in the annexes to be adopted and implemented, with serious consequences if they are not. Can the Minister explain clearly how this mechanism will operate, and how Gibraltar and the UK will avoid becoming subject to ongoing EU rule-taking without meaningful political control?

The treaty requires consistent interpretation of applicable Union law in line with case law of the European Court of Justice. In which precise areas will EU law bind Gibraltar’s domestic arrangements? What assessment has been made of the implications of future rulings for Britain’s national interest?

I must also draw attention to article 25 and its reference to the European convention on human rights. Will the Minister clarify how that provision operates within the treaty framework, and does adherence to the ECHR form a continuing condition of the agreement? No international agreement should pre-empt or constrain the sovereign right of this Parliament to determine the UK’s constitutional arrangements. Will the Minister confirm that under this treaty an EU national may have access to Gibraltar through the land border without restrictions, but a British national travelling from the UK could be banned from entering at the airport, including on the say of those carrying out Spanish border checks? More broadly, what domestic legislation will be required to give effect to the treaty, and will Parliament have the opportunity to amend it in the normal way?

On national security, Gibraltar’s naval base is of immense strategic importance. Will the Minister give an absolute assurance from the Dispatch Box that nothing in this agreement—now or through future implementation —can directly or indirectly impact the operations, freedom of action, access arrangements or security of the UK’s naval base in any way whatsoever?

Finally, process matters. Given the scale of the agreement, it is not possible to cover all its implications in this short exchange today. There are serious questions about the operation of the border and dual checks, the role of Spanish authorities at the airport, customs and taxation arrangements, business impacts, the adoption of future EU Acts listed in the annexes, ECJ interpretation and the domestic legislation required to implement the treaty. The Minister has said that it is a draft, so when does he expect it to be finalised? When will the CRaG process begin? There has been talk of early implementation, with Gibraltar suggesting 10 April. Can the Minister please clarify that? There must be time for the CRaG process, and it must be meaningful. Provisional application on 10 April must not reduce parliamentary scrutiny to merely a rubber stamp. Gibraltar has stood resolutely British since 1713, and its people have repeatedly affirmed that choice. Any treaty must be examined line by line by this Parliament.

[Stephen Doughty]

I thank the shadow Minister for her questions. I have to say that I have been rather disappointed by the tone today, and indeed the tone taken in the media over the last few days on these issues, not least as I provided a very full briefing to the shadow Foreign Secretary in advance. The idea that we have not been communicating about this treaty is simply not correct. In a spirit of generosity, I am happy to offer further briefings for the shadow Minister and the shadow Foreign Secretary in order to go through any detail in the treaty they would like. There is nothing to hide. We welcome their scrutiny, and we welcome the scrutiny of this House.

The shadow Minister asked about the timeline. Of course, there is a process in this place, but there are also processes in the EU. We are committed to that and to laying the finalised text after signature of the treaty, which we expect to take place next month. Of course, it will then go through the appropriate processes in relation to CRaG.

The shadow Minister asked about sovereignty and about recourse and dispute mechanisms. First, I need to make it absolutely clear that sovereignty was never on the table in these negotiations. It is not in doubt. That is an absolute, and this agreement safeguards that. There is a range of recourse and dispute resolution mechanisms attached to the treaty. She is welcome to go through those; I am happy to explain them in more detail. We have very much kept to the double lock, which we set out at the start of the process.

The shadow Minister asked about the 90-day rule. British citizens are not free at the moment just to turn up in Gibraltar without going through immigration checks; they are already subject to a 90-day rule. That is important to clarify, because there seem to have been some misunderstandings of that in relation to all our overseas territories recently. There is not an automatic right, and Gibraltar of course maintains immigration and security checks.

The shadow Minister asked about customs. Gibraltar is not joining the customs union, but it is entering into a bespoke customs arrangement with the EU to ensure, crucially, the fluidity of goods. It has chosen to enter into those arrangements, and it is obviously for it to decide what alignment it needs for that. Again, I think that reflects a wider challenge: the Opposition would rather stick with the ideology of the Brexit years than make pragmatic arrangements that deliver for the people of Gibraltar or indeed the people of this country. Crucially, the agreement is about facilitating trade. It is about facilitating the flow of goods and removing the checks and delays that have caused such frustration in the past.

The shadow Minister asked about the ECJ. I am happy to speak to her further about that. There is full detail in the treaty. She asked about the ECHR. Of course, we comply with the ECHR, as does Gibraltar and, indeed, Spain and the EU. We do not shy away from that, notwithstanding the reforms that we are seeking in the wider debates going on outside this place.

The shadow Minister asked for an absolute assurance about our military activities at Gibraltar. I can absolutely assure her that nothing, either now or in the future, will fetter our ability to operate unimpeded in the way that we, and indeed our allies, have done from the base. That was an absolute condition that we set. I am pleased with Spain’s very co-operative approach. It is a key NATO ally, and we co-operate with it in the defence and security of Europe. I am glad that we now have a co-operative and positive spirit of engagement not only with Spain, but with the EU and a range of partners.

Fundamentally, this agreement is good for Gibraltar, it is good for stability, it is good for prosperity and it is good for security. It is supported by the Government of Gibraltar, which was our primary concern throughout this process as well as protecting UK interests. I think we should all respect and get behind the Government of Gibraltar in support of this agreement.