PARLIAMENTARY DEBATE
Gibraltar-Spain Border Checks - 14 October 2024 (Commons/Commons Chamber)

Before I begin, I would like to associate myself with the remarks made across the House a few moments ago, after the passing of Alex Salmond. My thoughts and sympathies are with his family.

I thank the hon. Member for Romford (Andrew Rosindell) for his question. I am responding because my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty)—the Minister for Europe, North America and Overseas Territories—is in Germany on Government business.

The Government are aware that late on Thursday 10 October, Spanish border officers increased checks on permanent residents of Gibraltar crossing into Spain from Gibraltar. The change in process involved stamping the passports of all non-EU nationals crossing the border. It went against the informal bridging measures in place since EU exit and was made without warning. The increased checks were briefly reciprocated the following morning by His Majesty’s Government of Gibraltar, who have full responsibility for immigration matters. That led to some disruption on the Spanish side of the border.

My hon. Friend the Minister contacted his Spanish counterpart, Fernando Sampedro, State Secretary for the EU, in relation to this change in process. In parallel, the UK’s ambassador to Spain engaged with the Spanish Ministry of the Interior. We understand that the change in process was instigated locally by a Spanish border official. The matter was dealt with swiftly by Spain and usual border arrangements resumed. We are grateful to the Government of Spain for the continued implementation of the informal bridging measures. We are in close touch with the Government of Gibraltar, including Chief Minister Fabian Picardo, and we will continue to monitor the situation. It is in all our interests that the border between Gibraltar and Spain operates smoothly.

The Government, working with the Government of Gibraltar, are committed to finalising a UK-EU agreement in respect of Gibraltar as soon as possible. That would bring certainty for the people of the region and secure future prosperity. We remain steadfast in our support for Gibraltar, and we will only agree to terms that the Government of Gibraltar are content with. Schengen border checks at the start of the EU entry-exit system were always expected, and that is one reason why we are working so hard to achieve a deal. The Government continue to work with the Government of Gibraltar on how best to mitigate the impacts of border disruption should an agreement with the EU not be possible.

Finally, I understand that today is Gibraltar Day, when the Government of Gibraltar celebrate the links between Gibraltar and the UK. I wish them every success with their various events.

I have to say that I regret the tone adopted by the hon. Gentleman. Many of us in this House are friends of our overseas territories and very much respect their right to sovereignty. In that context, it is critical that we always focus on the facts of the matter and do not seek to obtain party political advantage from them. I am sure that the hon. Gentleman will have seen the comments of the Chief Minister of Gibraltar, which could not have been clearer on this matter. It is inappropriate to politicise such matters.

The UK Government could not have been clearer that we are confident of British sovereignty over the whole of Gibraltar, including British Gibraltar territorial waters. We are steadfast in our support for Gibraltar, and the UK Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes. We will never enter into a process of sovereignty negotiations with which Gibraltar is not content; that double lock is safe with this Government, and we are fully committed to it.

Will my right hon. Friend confirm that we will always support the people of Gibraltar and, indeed, the interests of the Government of Gibraltar?

Absolutely, and I am grateful to my hon. Friend for being so clear about this matter. It is very important for the UK Government to underline that commitment to sovereignty; indeed, it is my understanding that the Foreign Secretary was discussing this matter with his Spanish counterparts this very morning. We will continue to focus on ensuring sovereignty and, above all, the interests of everyone in the region who needs to see, for example, the deal that we have been working so hard towards.

I call the shadow Minister.

May I join the right hon. Lady in her remarks about Alex Salmond, who was a personal friend and a long-standing colleague. I mourn his loss.

I thank my hon. Friend the Member for Romford (Andrew Rosindell) for bringing this important urgent question before the House today, and I thank the right hon. Lady for her response. Let me be crystal clear: there should be no need for checks at the border between Spain and Gibraltar. Last Friday’s reports that Spanish police were insisting on checks are alarming, and we need to get to the bottom of what happened. Those checks cause misery in people’s daily lives, undermine Gibraltar’s trade and economy, and inconvenience Spanish people who depend on their work in Gibraltar for their income. The House needs to understand what support the Government have provided to Gibraltar and, crucially, what discussions the Foreign Secretary has had with his Spanish counterpart about why checks by Spanish police were carried out with no warning. I hope the right hon. Lady can reassure the House that she has made plain to her Spanish counterpart that this simply must not happen again.

We must reject any attempt to ratchet up the pressure on the important negotiations that are taking place to secure Gibraltar’s future. It is alleged that Spain has taken note of the British Government’s ill-advised decision to give away the British Indian Ocean Territory. The Government have claimed that their commitment to our other overseas territories is unchanged despite the agreement with Mauritius, so now is an opportunity for them to show that they mean what they say.

On the negotiations with Spain and the EU, we want to see a deal as swiftly as possible, but it needs to be the right deal, and one that both the Government and the people of Gibraltar can get behind—in other words, the deal that we were negotiating before we left government. The last Conservative Government were unequivocally clear, in public and in private, that Gibraltar’s sovereignty was never up for negotiation.

Gibraltar is British. Having myself visited Gibraltar to take part in a literary festival, I know, as many others in this House know, that Gibraltar is as British as bacon and eggs. The people of Gibraltar emphatically affirmed this in a referendum when 99% voted to remain British, and we are counting on the Government to stand squarely behind that commitment.

That commitment is one that we share within this House. We cannot be clearer on that.

The right hon. Gentleman specifically asked about the details of recent events. Just to provide a little more information on that for the House, on the evening of 10 October the UK Government were notified that Spanish officials had increased checks on UK nationals crossing into Spain, including permanent residents of Gibraltar. We understand, as I mentioned at the beginning, that this change process was instigated by a local border officer, not by the Spanish authorities centrally. The Chief Minister of His Majesty’s Government of Gibraltar released a press release with further information on the situation at the time. The UK Government raised the issue with the Spanish authorities, including at ministerial level. We are in close touch with the Government of Gibraltar and continue to monitor the situation. It is in all our interests that the border between Gibraltar and Spain operates smoothly. That has been made crystal clear by the UK Government.

Although I appreciated many of the comments made by the right hon. Gentleman, I did regret the tone of the claims he made in relation to BIOT. The situation of BIOT is not comparable. That is a unique agreement that has absolutely no bearing on wider UK Government policy regarding our overseas territories. It is a very different issue with a very different history. The UK remains committed to our overseas territories family. If there is any question about that, I would again refer the right hon. Gentleman to the comments from the Chief Minister of Gibraltar himself, who could not be clearer about his disappointment at those who seek to party-politicise these matters.

The right hon. Gentleman referred to the work towards the treaty. The UK Government are working with the Government of Gibraltar to progress a treaty that protects sovereignty and UK military autonomy, and that secures future prosperity for Gibraltar and the region. We remain steadfast in that process and in our support for Gibraltar, and we will only agree to terms with which the Government of Gibraltar are content.

It seems that we are to be treated to another bout of recklessness on foreign policy by the Conservative party this week. Can the Minister confirm that British sovereignty over Gibraltar is not up for negotiation, and that to suggest otherwise is both wrong and irresponsible?

I am very grateful to my hon. Friend for making that point. I absolutely can make that confirmation. The UK Government are committed to the double lock. We will never enter into arrangements under which the people of Gibraltar pass under the sovereignty of another state against their freely and democratically expressed wishes, and we will never enter into a process of sovereignty negotiations with which Gibraltar is not content.

I call the Liberal Democrat spokesperson.

First, I associate myself with the comments in the Chamber about the untimely passing of Alex Salmond. My thoughts are with his family at this terrible time.

The Liberal Democrats believe in the right of self-determination for the people of Gibraltar. Nothing should happen to diminish that. It was over 20 years ago, as previously mentioned, that Gibraltarians overwhelmingly rejected the idea that Spain should have joint sovereignty. Another idea that Gibraltarians overwhelmingly rejected was, of course, leaving the European Union. They have had to live with the consequences of the decisions that were imposed upon them and the botched Brexit deal negotiated by the previous Government.

I commend the Government of Gibraltar for their principled and pragmatic approach to the future border arrangements with Spain. Does the Minister agree that nothing should be decided for the people of Gibraltar without the consent of the people of Gibraltar? Given the extension of the talks, it is important that they conclude in a spirit of co-operation, so has he received any assurances from Spain that while the Gibraltar treaty negotiations continue, there will be no repeat of the actions last week?

I am grateful to the hon. Gentleman for those points, and I absolutely agree with his characterisation of the position of the people of Gibraltar and the UK Government’s commitment to them. He asked about the deal that is currently being negotiated. I think all sides agree on the importance of concluding an EU-UK treaty as soon as possible. That will bring certainty for the people of the region and will secure future prosperity. We are absolutely determined to make progress on this issue, but above all, that double lock will always stay in place.

I was very sorry to hear the hon. Member for Romford (Andrew Rosindell) use such militaristic undertones about what was a very unfortunate incident for the Gibraltarians. I was also disappointed to hear once again the confected outrage over the future sovereignty of Gibraltar. Today, Gibraltarians want to know that they can go about their daily lives, and I would like the Minister to reassure the House that she is doing everything she can to calm the tensions that have arisen from this incident.

What is really important is that the daily lives of Gibraltarians are as smooth as possible and that their interests and sovereignty are always at the forefront of these issues, not party politics.

History shows again and again that appeasement does not work. It was inevitable after the abject surrender of the Chagos islands, for that is what it is, that the Spanish would try to exert pressure on Gibraltar. [Interruption.] Hon. Members shake their heads, but the Government are so embarrassed by the Chagos deal that they will not even tell the House of Commons what we will have to pay to rent our own base.

Coming back to Gibraltar, my hon. Friend the Member for Romford (Andrew Rosindell) is right that under Blair, Labour tried to sell out the Gibraltarians for joint sovereignty and a referendum killed it. We could not trust Labour on Gibraltar before, so why on earth, after what it has done to Chagos and the Chagossians, should we trust Labour now?

I really regret this playground-style characterisation of issues that are so fundamental, particularly for those who live in Gibraltar. I mentioned the comments of the Chief Minister of the Falklands, and the right hon. Member has now forced me to quote them, given the nature of what he has just said. The Chief Minister said some of these claims are

“more about party politics, blame-gaming and Tory Party leadership issues…than”

they are actually about the sovereignty of people who live in the overseas territories. He could not have been clearer.[Official Report, 31 October 2024; Vol. 755, c. 12WC.] (Correction)

Does the Minister agree that the actions we have seen over the last few days risk damaging the regional economy in Spain as much as they do in Gibraltar, and therefore all sides must work together to avoid a recurrence of that?

I strongly agree. There is of course substantial and regular traffic of goods and people across the border. That is fundamental not only for the economy of Gibraltar, but of course for Andalusia, Spain and the entire region more broadly, so it is really important that that is borne in mind as well as the sovereignty issues.

The Minister will agree that the people of Scotland do not come second on much, but they did come second to the people of Gibraltar in their overwhelming rejection of Brexit when they saw through that disastrous Tory deal, which has led to many of the problems we see today. Does she think the people of Gibraltar are better off with this Tory Brexit deal, or did they see some value in our EU membership in ways that the Tories do not?

I would not seek to speak for the people of Gibraltar; that would not be appropriate. What is most important is that we ensure progress on the UK-EU deal on these matters. The Foreign Secretary, my hon. Friend the Minister of State and the Chief Minister of Gibraltar met Executive Vice-President Šefčovič of the European Commission and Spanish Foreign Minister Albares in Brussels in September to have discussions. Those discussions were focused on the issues that many people in Gibraltar are concerned about—in particular, the movement of people and goods—and this Government are determined to make progress.

My constituents are proud to be British, just as the people of Gibraltar are, and I join the Minister in acknowledging Gibraltar Day. I am afraid, though, that some in this House have not listened to her responses. Will she be as clear as possible, in answering my point, that this Government will only ever stand with the people of Gibraltar for as long as they want us to stand with them?

I am grateful to my hon. Friend for his question, and the clearest answer that I can give is yes, yes and yes.

Last week, my mother was desperately trying to get out of Gibraltar and back to the UK to be with my grandmother, who had suddenly turned very ill and was receiving end-of-life care. The plane she was due to get on diverted to Malaga due to adverse weather conditions, but the border was closed to the passengers, stranding British citizens in Gibraltar, with no rescheduled flight and no offer of accommodation. I put on record my sincere thanks to the Minister of State responsible for Europe, North America and the overseas territories, the hon. Member for Cardiff South and Penarth (Stephen Doughty), and the hon. Member for Central Ayrshire (Alan Gemmell) for their advice and guidance during that very distressing period last week. Will the right hon. Lady advise, taking into account the challenges that Gibraltar airport faces, what steps she is taking to ensure that British passport holders facing emergencies can cross the border into Spain and return home swiftly?

I know the whole House would want to send our very best wishes to the hon. Member’s grandmother and that it regrets the really difficult situation that her family was placed in. The Government absolutely recognise the challenges, and have been working hard on them, and I am grateful for her kind recognition of that. There have been two challenges: the disruption caused by bad weather, for example, to Malaga, as otherwise there would have been planes landing on Gibraltar; and the issues she mentioned with the airport, which were caused by the ingress of water. I pay tribute to the RAF staff who have been working around the clock to try to set that right. We recognise the disruption and will continue to make many representations to ensure that those who should be able to smoothly exit and enter Gibraltar can do so in the future.

There is no doubt about it: last week, the Spanish authorities sought to hold the British people of Gibraltar hostage by putting in border controls and disrupting their travel. One should not be surprised by that. I know that Government Members try to deny it, but there is a connection between what happened with the Chagos islands last week and the aggressiveness of the Spanish authorities and the EU this week. The EU has learned a lesson, not just from this Government, but from the last Government —when it comes to wanting to put its footprint on British territory, successive British Governments have shown, whether with Northern Ireland or now with Gibraltar, that they are willing to concede. Can the Minister give us an assurance that she will not be giving in to the bullying, bribery or attempts by the Spanish Government and the EU to once again put their imprint on British territory?

I am afraid I have to wholly reject the claims made by the right hon. Member. The agreement on the British Indian Ocean Territory is unique, and based on the unique history and circumstances of BIOT. It has absolutely no bearing on the wider UK Government policy regarding our other overseas territories. It is not just the Government who are stating that, but the people living in those overseas territories; they are clear about the party politicking around this issue. The United Kingdom will never enter arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes. We could not be clearer about that.

The unforced surrender of the Chagos islands casts a long shadow, does it not? Are we seriously to believe that the timing of the Government of Spain’s action in respect of Gibraltar has nothing to do with the unforced error that the Government have committed in recent days? Is it not the case that this Government will always put ideology, virtue signalling and post-colonial guilt ahead of the defence and security of this country?

I am disappointed by the tone of the right hon. Gentleman’s claims, particularly given his interest in historical and particularly military matters. I hope that he is aware, although perhaps he is not, that Gibraltar was ceded by the Crown of Spain to the Crown of Great Britain under article 10 of the treaty of Utrecht in 1713. That is in contrast to the history of BIOT, which is completely different. BIOT was established by the UK’s initiative as a colonial power, and the modalities of that establishment have long been contested. The United Kingdom is steadfast in its commitment to Gibraltar, its people and its economy. The right hon. Gentleman should surely be aware of that.

Negotiations on Gibraltar’s post-Brexit status are well advanced but are not without their hurdles. One such hurdle relates to the stationing of armed and uniformed Spanish border officers at Gibraltar’s air and seaports—a proposal that Gibraltarians understandably cannot tolerate. Can the Minister assure the House on Gibraltar Day that the wishes of Gibraltarians will always be paramount in the ongoing negotiations; that the Government have taken the opportunity to remind all parties that the lives and livelihoods of Gibraltarians and others should never be used as leverage in the negotiations, however inadvertently or locally applied they may be; and that, for the sake of the people and communities of Gibraltar and La Línea, this will never be allowed to happen again?

I am grateful to the hon. Member for his question. First, he asked about whether the interests and concerns of Gibraltarians will be paramount. They absolutely will be. We remain steadfast in our support for Gibraltar and will agree only to terms that the Government of Gibraltar are content with in a deal. Furthermore, the kind of leverage that he discussed would never be accepted by the UK Government. One of the objectives of having a treaty is precisely to remove border checks between Spain and Gibraltar.

The right hon. Lady talks about the negotiations, but the problem is that the Government do not have a great track record on negotiations. What did they get from the train driver negotiations but a lot of very cold pensioners? What did they get from the negotiations on the Chagos islands? They appear to have given away sovereign territory and paid for the privilege. How can we trust this Government with the safety of Gibraltar?

The peculiar and unfounded analogy that those on the Conservative Benches appear to be attempting to draw has been rejected by those living in those overseas territories, who can see this for what it is—party politicking, when we should instead be focused on the interests of those living in the overseas territories and our obligations to them.

The Minister said that the Spanish authorities had assured the Government that the aggressive actions taken at the border were not centrally approved. Do the Government accept that? Never mind the Chagos islands: when the Spanish authorities attempt to insert themselves into Gibraltar, might they not be drawing more succour from the fact that the British Government allowed the EU to insert itself into the United Kingdom, put a border in the Irish sea and pass the laws that govern much of the economy of part of the United Kingdom? Might the Spanish authorities not be concluding in consequence that the UK Government are a soft touch when it comes to sovereignty?

I believe that the UK Government could not have been clearer in our representations on this matter, including to the Spanish Government. On 11 October, the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), contacted, as I have mentioned, Minister Fernando Sampedro, his Spanish counterpart. The UK ambassador to Spain called on the Spanish Ministry of the Interior as well to inquire about this change in approach. We have made it clear that His Majesty’s Government will continue to work closely with HM Government of Gibraltar, including on border disruption planning, and we will do all that we can to ensure that, above all, the interests of Gibraltarians are front and centre. That is what is driving the Government response.

Does the Minister not agree that the reality is that a low-level border guard at the Gibraltarian-Spanish border would not implement this without at least knowledge and tacit consent from Madrid. Given that, how can she continue to negotiate with Spain if it continues this low-level aggression at the border?

It is important that we ensure that we negotiate to obtain the treaty that is needed. It is that treaty—the EU-UK treaty—that will ultimately ensure that the interests of the people of Gibraltar are front and centre. The Government have made progress on those negotiations, and we will continue them in earnest, because it is only through them that, as I have said, ultimately the interests of Gibraltarians can be put first. Surely, that is what the House should be supporting.

The Minister has told us that a local border official unilaterally imposed the restrictions. If that is the case, can the Minister outline exactly what guarantees the Government have received from the Spanish Government that such powers will not be localised and that local officials cannot impose powerful restrictions on Gibraltarians and Spanish people seeking to work in Gibraltar?

Ensuring the fluid movement of people across the Gibraltar-Spain land border is a top priority for the UK Government. Border fluidity is important for shared prosperity and for the security of citizens and businesses in the region. The UK Government and the Government of Gibraltar are committed to ensuring that this continues, and it will continue to be critical for the representations that we will continue to make to the Government of Span.