PARLIAMENTARY DEBATE
Gibraltar: UK-EU Treaty - 16 July 2026 (Commons/Commons Chamber)

With permission, Madam Deputy Speaker, I would like to make a statement on the UK-EU treaty on Gibraltar. Before I do, I am sure the whole House will want to join me in expressing our sincere condolences to the people of Spain following the recent wildfires in Andalusia. Our thoughts are with those who have lost loved ones, all those affected and the emergency responders working under extremely difficult conditions. We are thinking of all the British nationals tragically affected by the fires, and our embassy and consular teams remain available to support those who require assistance.

I am pleased to inform the House that on Tuesday 14 July, I signed the treaty in Brussels, alongside EU Trade Commissioner Šefčovič, who signed on behalf of the EU. The Chief Minister of Gibraltar, the Deputy Chief Minister of Gibraltar and Spanish Foreign Minister Albares were also present at the ceremony, in recognition of the important role Gibraltar and Spain have played in the negotiations.

This is genuinely a historic moment. It represents the culmination of over five years of work, and I pay tribute to all those whose efforts have brought us here: members of the previous Government, including the right hon. Member for Braintree (Sir James Cleverly) and the noble Lord Cameron of Chipping Norton; and particularly my right hon. Friends the Deputy Prime Minister, the Foreign Secretary, the former Defence Secretary and the current Defence Secretary, and our crucial teams of negotiators in London, Brussels and Madrid. I particularly pay tribute to the Gibraltar team in the Foreign, Commonwealth and Development Office, who have done sterling work at so many levels; it has been recognised in the Department, but I want to place on record my sincere thanks for all their efforts over many years. Of course, I also thank the Government of Gibraltar, who have been our partners at the negotiating table throughout. Nothing in this treaty has been agreed without their full involvement and support. I am also grateful to the European Commission and Spain for the constructive approach they have taken to negotiations. Together, we have found solutions that worked for all.

Throughout this process, we have been committed to transparency with Parliament. Since last June, when we reached political agreement on the treaty’s core elements, we have regularly kept Members informed of developments, including through private briefings and, on many occasions, being held to account here and in the usual ways. As I promised, we laid the final text of the treaty before Parliament on 14 July, the day of signature, alongside an explanatory memorandum, which was the earliest possible opportunity to do so. Members will see that, as I assured them, the signed treaty has not substantively changed from the draft treaty that I deposited in the Library of the House in February, which they have been examining for the past four months.

Signature of the text enabled provisional application of the treaty on 15 July. That has given the people of Gibraltar clarity and certainty. They do not have to wait for a far-off and undefined date of ratification before they can enjoy the economic and social benefits of the treaty—the fluid border is here now. Madam Deputy Speaker, you will have seen the joyful, moving and genuinely historic scenes at that border after so many years, which reflect the fact that people have been at the heart of this agreement throughout. With the European Union, Spain and Gibraltar, we have put the interests of the people of Gibraltar and the wider region first.

Yesterday morning, the Chief Minister and the Spanish Prime Minister, Pedro Sánchez, oversaw the removal of the final pieces of the fence, and there were emotional scenes. Workers, Gibraltar residents and holidaymakers are now crossing between Gibraltar and Spain with ease. The Government of Gibraltar have worked tirelessly to put in place all the necessary legislative and operational changes to make this happen, and I am very grateful for their dedication. As I said, they were truly historic and special scenes, and I was honoured to be presented with a piece of the now removed frontier, to celebrate this significant moment of a barrier coming down in continental Europe.

Having mentioned the benefits of the treaty, I think it is right to set out in full once more what those are. Over half of Gibraltar’s workforce cross the border every day. They depend on being able to do so swiftly and easily, as do the shoppers and holidaymakers going in both directions. The treaty guarantees that. Customs and immigration checks will no longer take place at the border. Instead, everyone arriving into Gibraltar airport will undergo dual immigration checks: first, a check by the Gibraltarian authorities, who remain responsible for immigration and entry into Gibraltar; and then a check by Spanish officials to enable entry into the Schengen area. Completion of both checks will enable people to move freely between Gibraltar and Spain as they choose.

As for goods, Gibraltar and the EU will form a bespoke customs model. Gibraltar will bring its standards and tariffs for goods in line with the EU’s where relevant. That eliminates the need for checks on goods at the border, making life easier for ordinary shoppers and providing reassurance for businesses. The impact of the treaty on Gibraltar’s prosperity is not limited to the fluid border, as significant a change as that is; it also enables commercial flights between Gibraltar and EU member states in the Schengen area, removing a block that has been in place for years. That will potentially bring new investment to the region and unlock economic and transport opportunities.

Among all these changes, the treaty preserves the operational autonomy of our military base. As Members will know, British Forces Gibraltar is a critical hub for naval, air and joint operations across the Mediterranean and into the middle east and more widely. The treaty fully protects our ability to operate to, through and from Gibraltar. Spain will have no ability to restrict the movement of UK military personnel or goods into the base. All information sharing will be limited to the necessary details required to support the new border arrangements. British Forces Gibraltar will remain a sovereign base for operations well into the future.

This treaty has always been about creating a framework for Gibraltar’s relationship with the EU and providing its people and businesses with the stability and certainty they need post Brexit, having been left out of the arrangements at the time of withdrawal from the European Union. Nothing in it affects UK sovereignty over Gibraltar, but to make that explicit, article 2 of the treaty clearly states that no part of the treaty can be used to challenge the UK position on sovereignty. Gibraltar is a vital part of the UK family—that will not change.

In conclusion, I would like to reflect on the significant achievement that this treaty represents. It has banished the fears of a hard border between Gibraltar and Spain, bringing back memories of the past. It has given Gibraltar the certainty to move forward with renewed confidence. It will enhance the prosperity of both Gibraltar and the wider region. It has bolstered our relationships with the EU and Spain, unlocking wider and deeper co-operation, which is very welcome. I am very proud to have signed it and to have worked alongside all those others to achieve a hopeful future, to put the past behind us and to find a way forward focused on people and prosperity. I want to celebrate that new relationship here today. I commend this statement to the House.

Before I call the shadow Minister, I gently remind the Minister that the statement he just gave seemed to deviate slightly from the copy I had received. We need to ensure that they align perfectly. I call the shadow Minister.

Let me start by joining the Minister in expressing the Opposition’s sincere condolences to all those affected by the recent wildfires in Spain.

I am grateful to the Minister for advance sight of his statement. Our starting position is that an agreed legal basis for Gibraltar’s relationship with the EU is needed. Gibraltar deserves certainty about its future. Businesses in both Gibraltar and Britain need certainty. British citizens travelling to Gibraltar need certainty, and the many thousands of frontier workers need certainty. We need to have proper scrutiny, not least because an acceptable deal between Gibraltar and the EU has to do many things at once. It must uphold unequivocally and without qualification British sovereignty over Gibraltar and the express will of the people of Gibraltar to be part of the British family, not Spain. Every Government has a duty to defend the integrity of the United Kingdom and the British family wherever it exists. It must also deal with the practical realities of the frontier and Gibraltar’s economy.

However, we find ourselves in the extraordinary position that, with the treaty signed and provisional application under way, and even with the final sections of the frontier fence now removed, Parliament has still not been afforded a proper debate in Government time to scrutinise this agreement. Since the agreement was announced, the shadow foreign affairs team has asked five urgent questions and numerous oral and written parliamentary questions to try to establish the Government’s intentions, often receiving unsatisfactory non-answers. The FCDO is responsible for Britain’s treaty obligations, but it has been the Government of Gibraltar, including the Chief Minister, who have all too often kept Members of this House informed. I thank them for that.

Even today in this statement, there is no mention of the Constitutional Reform and Governance Act process and scrutiny, so I ask again for confirmation that the 21 sitting day CRaG process will apply. Will the Minister set out the timetable for that today? We cannot have a repeat of the way the Government have tried to avoid scrutiny with the Chagos deal.

On the substance of the deal itself, starting with the military base, can the Minister offer an unambiguous and unequivocal guarantee that nothing in this agreement constrains the operation, freedom of action or sovereign control of His Majesty’s armed forces in Gibraltar? Britain’s military base is not a matter for compromise, negotiation or shared competence. It is sovereign British territory, serving vital British and NATO interests.

On the entry of British commercial goods, including British foods, into Gibraltar, can the Minister confirm whether the new process has been stress-tested with British businesses and when guidance for businesses will be published?

On the movement of people, having a fluid border with Spain—a key request of the Gibraltar Government—clearly comes with trade-offs, and we should recognise that. The decision to have Schengen checks in a British overseas territory is obviously one such compromise, and there is understandably a real strength of feeling about it, notwithstanding that Gibraltar has always had its own entry requirements, including for Brits.

In the light of reported chaos at the border, it is imperative that the Government get this right. Given the totally chaotic way that the EU has introduced its entry-exit systems across Europe, it is imperative that we do not see a similar situation at Gibraltar airport. The Conservatives will be watching. What tabs is the Minister keeping on the roll-out of the new checks by the EU, and what is his recourse if British nationals end up being disrupted by EU issues?

Gibraltar’s new residency regulations came into force on 14 July. What assessment has the Minister made of their impact on the ability of British citizens to live and work in Gibraltar? What is the anticipated impact on British citizens of retirement age wishing to relocate permanently to Gibraltar? Do the Government have contingency plans to support Gibraltar if the Spanish Government stage any provocations for their domestic audience now that the border fence is down?

Finally, the Leader of the Opposition in Gibraltar has expressed concern that the UK-Gibraltar concordat envisages circumstances in which the UK could act without the consent of Gibraltar’s Government or people on treaty matters. What is the Minister’s response? If there were to be a change of Government in Gibraltar, what would the implications be?

To conclude, Gibraltar is as British as any of our constituencies. Britain and NATO rely on Gibraltar’s strategically vital military base. In an age of insecurity, the base is indispensable for our country. Any deal to secure a long-term future arrangement between Gibraltar and the EU needs to be subject to the most rigorous scrutiny in this House. The Government should know that, and they should expect that Opposition Members rightly desire to understand what this treaty means in practice.

I call the Minister.

Madam Deputy Speaker, may I apologise to the previous occupant of the Chair? There was no substantive difference in my statement as delivered from the copy provided, but I may have stylistically altered a couple of lines slightly; I apologise.

I thank the shadow Minister for her very reasonable questions, her broad support for what we have signed and agreed, and her recognition that the agreement is supported by the people of Gibraltar. It is what the people of Gibraltar want and there was unanimous support in the Gibraltarian Parliament for the deal; that is very important.

The right hon. Lady asked about the CRaG process. As I explained in the debate that we had the other day, the treaty is now laid so the CRaG process starts, but scrutiny will only take place when both Houses are sitting—the intervening period of the recess does not interfere with the ability of both Houses to provide scrutiny. Helpfully, this aligns with the process in the European Parliament, which has its own processes, so scrutiny will take place in the autumn there as well. I remain completely at the disposal of the right hon. Lady, shadow Ministers and other shadow spokespeople if they have further technical or other questions, and I am sure that officials would be happy to provide further briefings.

I would gently say that we have answered many, many questions on this issue. We published a draft treaty text on 26 February—it has been available to study in this House for four months—but the text has not substantively changed since then. I have appeared before multiple Committees and indeed we had a debate in Westminster Hall just the other day. I am very happy to talk about this; there is absolutely nothing to hide. It is an important treaty and, despite the right hon. Lady’s comments about the process, I am glad that she broadly endorses it.

The right hon. Lady asked about military autonomy. I can tell her absolutely that military autonomy is protected—that was a key red line for us. Indeed, I think the treaty reflects a new relationship of co-operation: Spain is a key NATO partner, who we are working alongside on many different issues. The agreement reflects a mature and responsible way forward, but it does not affect the operations of British Forces Gibraltar in any way.

The right hon. Lady asked about goods. Guidance is being provided to businesses. There are always teething issues when bringing in such processes, but we are actively monitoring what is happening and ensuring that the systems can keep up.

The right hon. Lady asked about checks on people. I am not sure what she meant by “reported chaos”. I think there were some slight issues with the first flight that came in, but the second flight has come in, I think, without incident. We are closely monitoring what is happening on the ground. As with any new system, this is a dramatic change and there will be implementation issues. She rightly raises important concerns about the entry-exit system. The deal was made to prevent that system from operating at the existing—now removed—hard border, which would have been very logistically complex; she knows from the geography at the border. I am confident the new arrangements will work and we are monitoring them closely. Myself and other Ministers have been regularly raising with other European counterparts and the European Commission the wider entry-exit system issues that she mentions.

The right hon. Lady made some specific points about pensions, which I will happily write back to her on. I do not expect to see any provocations in the future—I am not sure what she was referring to when she said that. I expect co-operation in the mutual prosperity of the people of the whole region. That was clearly reflected in the remarks made by the Spanish Prime Minister, the Chief Minister of Gibraltar, the Mayor of La Línea and Spanish officials. Everybody wants this treaty to work for people and for businesses, and we see a new spirit and a way forward.

The right hon. Lady asked about the concordat. I have signed the concordat with the Chief Minister. I have also written with some further clarifications, which I hope are satisfactory and address any concerns, but we are very clear: nothing about Gibraltar without Gibraltar. Of course, we have some constitutional responsibilities, but as I have set out, only in exceptional circumstances would there be any difference in our position and we would always be working alongside Gibraltar. I set that out very clearly in the documents, which she can read. I hope she is satisfied and I remain at her disposal for further detailed technical questions.

I congratulate the Minister on this important agreement, which provides certainty for the people of Gibraltar, while also providing economic opportunities and important safeguards for that place. I thank Foreign Office staff for the work that they have done, and both the current and previous Gibraltar Government representatives in the UK, Jonathan Scott and Dominique Searle. Does the Minister agree that this much-needed agreement provides certainty for the people of Gibraltar?

I absolutely do. The agreement enjoyed unanimous support in the Parliament. Gibraltar has been at the heart of the negotiations throughout: one of our key conditions was that Gibraltar was entirely satisfied with what was agreed. Fundamentally, the agreement will benefit people, businesses and communities —that is at its heart. I add my thanks to the officials mentioned by the hon. Gentleman.

I call the Liberal Democrat spokesperson.

I draw the attention of the House to my entry in the Register of Members’ Financial Interests, having had the privilege of visiting Gibraltar last July. I warmly welcome the agreement and congratulate the Minister and the Government, together with Gibraltar’s Chief Minister and Deputy Chief Minister on securing it. Gibraltar has always insisted that there should be nothing about Gibraltar without Gibraltar, and this agreement both meets that expectation and honours that principle. I also pay tribute to the Spanish Government for the pragmatism they have shown in coming to this arrangement.

The agreement finally resolves the existential uncertainty created by Brexit. It protects Gibraltar’s economy, safeguards our defence interests and gives the territory certainty and confidence in its own future. Self-determination is and must remain the bedrock of our relationship with all our overseas territories. Sadly, that is especially important to say today after the disgraceful scenes in Atlanta last night, where football was used as a platform to challenge the democratic right of Falkland Islanders to determine their own future. That principle is not negotiable and never should be.

I ask the Minister three simple questions. First, in relation to the EU’s entry-exit system coming into force, what reassurance can he give British travellers that journeys to and from Gibraltar will not face unnecessary disruption this summer and into the future? Secondly, have the Government assessed the practical impact of the Schengen 90-day and 180-day rule on British citizens travelling to Gibraltar? If so, what conclusions has that assessment reached? Finally, will the Minister reassure the House that the constitutional safeguards within this agreement are sufficiently robust to ensure that Gibraltar, the United Kingdom and Spain never again return to the uncertainty and border disruption of the past?

I thank the hon. Gentleman and his party for their wholehearted support, which is very welcome. I assure him that the constitutional safeguards are in place; they are at the heart of this agreement and are entered into in good faith by all involved, particularly by ourselves and the European Union. That is why this has been a complex and long process. The treaty is a substantive document that ensures that the right safeguards and provisions are in place.

The hon. Gentleman asked about the 90-day and 180-day rule. People do not have an automatic right to go and spend beyond that period in Gibraltar at the moment, and Gibraltar remains responsible for its own immigration processes. We looked at these issues, and this is what Gibraltar agreed to in order for there to be fluid access into the Schengen area. Gibraltar residents are not prevented in any way from returning home to Gibraltar, and we will look at how these things are implemented over time. Fundamentally, this treaty opens up opportunities for people and businesses to travel to Gibraltar and the wider region. Hopefully, new flights will also open up—obviously, subject to commercial interests. This genuinely open up new hopes for travel and investment in the region.

The hon. Gentleman asks about the entry-exit system. As I explained to the shadow Minister, we keep this matter under close monitoring, as we do in relation to all entry and exit points in the Schengen area. We are always raising issues through our posts and concerns, and we raise things with the European Commission. There are exceptions and processes by which those can be dealt with when queues get too large or problems emerge, but we are confident that they will be dealt with in the case of Gibraltar.

The hon. Gentleman mentions the events yesterday, which I agree were deeply inappropriate and disappointing. It is a real shame that people could not focus on the football, and I think most people looking at the events would feel that way. We have absolutely no doubt about our sovereignty over the Falkland Islands and the surrounding maritime areas. The Falklands are British—they remain British, and they will continue to be British. Falkland Islanders want to be British, and they have explained that many, many times. Let us get back to focusing on the football.

I am glad to hear about my hon. Friend’s visit. Having visited Gibraltar a number of times myself, I know that it is a truly special place to visit. Having also been caught in long queues while crossing the former border, I know how delighted I will be not to face that in the future and to be able to enjoy the wider region in Spain as well. The impact is very positive. There will be no changes to our military capability or ability to operate; our autonomy and operational capability remain the same. I think this is a new era for co-operation between the UK and Spain as NATO allies and in many different areas, and this treaty sets a new spirit for that co-operation going forward.

May I warmly endorse what the Minister said about the Falkland Islands, and ask a question or two about security aspects? Given that both we and Spain are in NATO, the reassurances about the sovereignty of the base are welcome. Can the Minister confirm that on those occasions when military assets, including munitions, have to be moved into the area, the report that I have seen suggesting that everything about munitions has to be reported to the Spanish authorities does not mean that this cannot be done in secrecy when that is required? Finally, with regard to the border, is there any danger that, without the land border, people will be enabled to get on an aeroplane and come to the UK who might pose a security threat, and then we would be in difficulty sending them back? Hopefully none of those fears is warranted, but I would like to hear that from the Minister.

As always, the right hon. Gentleman asks important questions. I can absolutely assure him that there is no change in the ability to operate in the way that we have done from Gibraltar in the past. Indeed, I welcome the new co-operation with our Spanish friends—our NATO allies. All the appropriate liaison will take place, but our ability to operate will not be affected in any way. That was an absolute red line for us.

The right hon. Gentleman can be absolutely assured that the wider security concerns were a key part of our discussions. They are important for Spain, they are important for us, they are important locally, and they are obviously important given air travel from Gibraltar. I will not go into the operational details in the House today, but he can be assured of that.

I draw Members’ attention to my entry in the Register of Members’ Financial Interests. As chair of the all-party parliamentary group on Gibraltar, I warmly congratulate the Government on successfully securing this historic, landmark agreement. I thank the Minister and his team for engaging with the APPG and for his words today explaining the sheer emotion that this treaty brings to Gibraltarians. Having visited Gibraltar on a number of occasions, and having spoken and listened to its Government, businesses and people, I know that they are really proudly British and want to remain so.

This agreement protects Gibraltar’s sovereignty and its sovereign military base, strengthens our relationship with Spain, improves co-operation with our European neighbours and delivers what Gibraltar has consistently asked for. It has been backed by the Gibraltarian Parliament and supported by every former Chief Minister —I thank them for their commitment, dedication and trust in us. Does the Minister agree that those criticising this agreement should spend less time speaking on what they believe is for Gibraltar and more time listening to the people of Gibraltar? They have consistently supported this agreement and, as I have heard today, joyfully welcomed it.

I pay tribute to my hon. Friend for her work and that of the all-party parliamentary group. I genuinely welcome the cross-party involvement in that group over many years, which has always been done with a focus on the interests of the people of Gibraltar. I can see that a number of members of the APPG are in the Chamber today, and that is very important. I absolutely agree; we need to listen to what the people of Gibraltar want, what they have clearly expressed throughout this process and what Gibraltar’s Parliament has reflected in its unanimous support for the agreement. She rightly summarises all the benefits. It was a delight to see her in Brussels just before I travelled over to sign the treaty in person, and I thank her and all Members who have taken an interest in Gibraltar for their work. I encourage them to continue to do so as new opportunities emerge.

I understand entirely why His Majesty’s Government of Gibraltar needed a new arrangement following our departure from the European Union. Gibraltar was excluded from the trade and co-operation agreement by the last Conservative Government and left high and dry, so it needed a new arrangement. However, I believe this agreement is deeply flawed—it is quite clearly a constitutional compromise. British citizens will no longer have the same right of access to Gibraltar that we have today. Having sat in this House when the previous Labour Government tried to negotiate joint sovereignty with Spain, I know that we simply cannot trust Madrid or the European Union—if we give them something, they will give nothing back. Their ultimate aim is sovereignty over the Rock, so any compromise on the constitutional arrangements for Gibraltar should be opposed by this House.

The hon. Gentleman was previously a member of the party that left Gibraltar high and dry when it was in government, so it is quite rich to hear him make those comments. I am afraid that I totally reject his claims. If he had seen the scenes of Gibraltarians celebrating and actually listened to them and what they wanted, and if he had actually read the treaty, he would know that it says nothing about joint sovereignty. Sovereignty was not on the table in these negotiations, and it never would have been. His comments about trust are completely out of kilter with what people on the ground want. People in Gibraltar and in Andalusia want to work together, have prosperity together and celebrate their trade and commercial links, so it is not for him to stand up in this House and tell Gibraltarians what to think.

I congratulate the Minister on the agreement. Does he agree that it is only possible in part because of the work that this Government have done to repair the relationship between Britain and the European Union? That is in the interests of the people of Gibraltar and the people of Glasgow who I represent.

My hon. Friend is absolutely right. The benefits of this agreement go well beyond just being for the people of Gibraltar, La Línea and the neighbouring region; they reflect a new relationship between the UK and EU—one of trust, co-operation and working in the interests of people, business and consumers, not pursuing an outdated ideology. The element of trust that we all collectively were able to inject into these negotiations is why we have come to this successful conclusion, and it provides a very good basis for discussions on other matters.

Notwithstanding the article 2 sovereignty clause, this treaty demands that Gibraltar aligns with a number of EU laws, standards and tariffs. If the European Court of Justice is at odds with a Gibraltar court on the application of those, no matter of arbitration will ever shift the European Union from being absolutely wedded to the supremacy, in their eyes, of the European Court of Justice. How can that sovereignty test ever be met?

I have been very clear that sovereignty was not on the table. Gibraltar—its Government and its Parliament—has freely agreed to this agreement, and a range of arrangements are in place, as well as dispute mechanisms, to ensure that fluid movement can take place across the border and high standards will continue to be enjoyed. Those are set out very clearly in the treaty, and I would be happy to write to the hon. Gentleman about the detail of those arrangements and how they will operate in practice, but I emphasise that this agreement has Gibraltar, its Government and its people at its heart. They have backed it, and they have agreed to remove that border and the risk of a hard border, which would have been disastrous for Gibraltarians.

As the Minister knows from our Westminster Hall debate last week, I was part of an APPG delegation to Gibraltar a couple of months ago, where we had a wide-ranging set of meetings. I congratulate all those involved in achieving the treaty. One reservation that was put to me by the Leader of the Opposition there—who did, of course, eventually support the treaty—was about possible future changes. He wanted an absolute guarantee that the people of Gibraltar would have the final say on any future constitutional changes. Could the Minister confirm that is the case?

I thank the hon. Gentleman for his consistent advocacy and support on behalf of Gibraltarians —it is very important to see that support on both sides of the House today. The concordat that I have set out with the Chief Minister, and indeed the letter I have written, set out how we will work incredibly closely with the Government of Gibraltar going forward to address any unforeseen circumstances. The treaty has clear provisions in relation to that, as well. Of course, we do not foresee circumstances in which those provisions would ever be needed, but it is important that they are always there, and I am confident that they will stand the test of time.