Treaty a ‘triumph of geography over ideology’, Garcia says 

The Deputy Chief Minister, Dr Joseph Garcia, told Parliament that the UK/EU treaty on Gibraltar was a “triumph of geography over ideology”, contrasting Gibraltar’s need for “bridges” and “fluidity and access” with the ideological approach he said drove Brexit.  

Its provisions on dual immigration controls and fluidity would remove the queues of the past, when the border had been “at the mercy of the political leadership in Madrid”. 

“In removing the controls which have led to the delays, this treaty will deliver greater certainty to the lives of citizens on both sides,” he said. 

On trade, Dr Garcia acknowledged that customs changes would mean some sectors would require support to adapt. 

But he said ‘no deal’ would have required “a more radical adjustment”, adding “there can be little doubt” access to the EU market would create new opportunities for business. 

“The plain truth is that in any case, we simply cannot continue as we are,” he said. 

Dr Garcia told Parliament that the motion calling on the UK to ratify the UK/EU treaty on Gibraltar was “historic” in its process and substance and would “mark the start of a new era”. 

He said MPs were being asked to grant or withhold consent to the treaty’s ratification, describing a two-step process involving approval in Gibraltar followed by ratification in the UK. 

He said this route underlined the constitutional role of Parliament and how far Gibraltar had come since the 2006 Constitution, adding that the final say on matters impacting Gibraltar “must rest with this House”. 

Dr Garcia stressed there was “no change in status”, saying Gibraltar would remain an Overseas Territory of the United Kingdom and that the treaty did not alter this. 

He told MPs the treaty was between the UK and the European Union, not Spain, and said the UK would formally sign, ratify and adopt it.  

But he added the legal position did not reflect the “practical reality”, because the UK had negotiated with Gibraltar’s “full involvement”, on Gibraltar’s behalf and with its consent. 

He said this working relationship would be reflected in a concordat between London and Gibraltar, which would provide further reassurance, and noted that a concordat had formed part of the architecture of the Withdrawal Agreement. 

He said implementation would ultimately rest in Gibraltar, with its Parliament and institutions giving effect to the treaty’s provisions. 

Dr Garcia told Parliament that Gibraltar’s British sovereignty was safe under the treaty, adding that it contains “the toughest and most solid sovereignty safeguarding clause I have ever seen”. 

“This Government would never ask the UK to ratify a treaty unless satisfied that it was safe, secure and beneficial for Gibraltar,” he told Parliament. 

“That has been our guiding principle throughout the negotiations.” 

And he later added: “That sovereignty is not diminished by pragmatic arrangements designed to make life function.” 

“Indeed, the very exercise of having entered into the treaty, and the ability to terminate it in the future, is in itself a powerful demonstration of British sovereignty.” 

“This is a trade and mobility deal with the European Union.” 

“It is about Gibraltar’s future relationship with it.” 

“And it does not conflict with our continued and enduring British sovereignty.” 

Dr Garcia reminded Parliament that Gibraltar voted to remain in the EU while the UK voted to leave and said it had been an achievement to bring UK successive governments to understand Gibraltar’s position. 

Dr Garcia said Gibraltar ministers and officials had been present “at every level” in negotiations since the 2016 Brexit referendum.