Doughty says all sides working ‘at pace’ to meet April 10 treaty deadline, but full ratification could be early 2027

Full ratification of the UK/EU treaty by the UK and European parliaments might not be completed until early 2027, though all sides continue to work “at pace” to allow for provisional implementation from April 10, the UK Government has told the Foreign Affairs Committee of the House of Commons.

The possible timeline was set out in a letter from Stephen Doughty, the UK Minister for Europe, to Dame Emily Thornberry, the Labour MP who chairs the committee.

Mr Doughty was responding to earlier correspondence from Dame Emily in which she said the committee was “very supportive” of the treaty, even while underlining the need for parliamentary scrutiny of its “complex and unprecedented” provisions.

“I welcome your committee’s support for the treaty, which will, as you say, bring much-needed certainty to the people of Gibraltar and the surrounding region, and secure their prosperity,” Mr Doughty said in his reply, dated March 10 and published by the committee on Thursday.

“All sides are working at pace to enable the treaty’s provisional application before the EU’s new Entry-Exit System comes into effect, which has a deadline of 10 April.”

“Comprehensive implementation of the treaty will continue at pace, with an expectation that the UK and EU will be able to ratify the treaty in early 2027.”

The UK Government has previously said the agreement will be laid in the UK Parliament for scrutiny before ratification in accordance with the Constitutional Reform and Governance Act 2010, known as the CRAG Act.

Under the CRAG process, the UK Government cannot ratify a treaty unless it has first laid a signed copy before Parliament for 21 sitting days, along with an explanatory memorandum.

If, during those 21 days, the Commons passes a resolution that the treaty should not be ratified, another 21-sitting-day delay to ratification is triggered.

This process may be repeated continuously, though no such resolution not to ratify a treaty has ever been passed by the Commons. A House of Lords resolution against ratification does not delay ratification.

In her letter to Mr Doughty, Dame Emily said the CRAG process did not guarantee “meaningful parliamentary scrutiny”.

“Given its constitutional significance, [the Commons] should also be allowed to vote on its ratification,” she said at the time.

Dame Emily said a vote in the Commons would establish parity with MEPs in the European Parliament, which will also need to approve the treaty’s ratification.

But in his reply, Mr Doughty said the UK Government would follow the CRAG process.

“The Government’s position is that we consider the existing framework for treaty scrutiny appropriate, providing sufficient flexibility to enable Parliament to undertake effective scrutiny prior to ratification of a treaty,” he said in the letter.

“We will proceed in accordance with that framework.”

“Of course, should the Foreign Affairs Committee wish it, I would be happy to appear before it to answer any questions your members might have.”

Mr Doughty confirmed too that his officials had briefed the Foreign Affairs Committee and the Defence Committee to discuss in detail the provisions of the treaty, its implementation and ratification.

The Chronicle reported on Monday that, while all sides are still working to the April 10 target for provisional implementation, there is now a real possibility the date could slip.

Several well-placed sources told this newspaper that EU internal procedures, coupled to external pressures including the international response to the Middle East crisis and the ongoing Ukraine conflict, alongside the Easter break, could make it difficult to have the agreement signed in time.

Additionally, work is still ongoing on the border infrastructure needed both here and in Spain to put the deal into effect.

In the wake of our report, the Spanish Government said it remained “very optimistic” that the treaty can be provisionally implemented from April 10, even while acknowledging “it is not entirely in our hands”, a reference to the EU’s internal processes.

The treaty can be provisionally implemented once it is signed by the UK Government and the European Commission, even before ratification by the UK Parliament and the European Parliament is complete.

But while the UK Government is understood to be ready to sign, the Commission must first receive clearance from the European Council, the EU’s highest political body comprising the heads of government in the 27 member states.

The Council has met seven times to scrutinise the treaty, most recently on Tuesday, in what one EU official told the Chronicle were “very difficult, complicated and highly technical” discussions.

The European Commission had previously warned of the “special urgency” to meet that target, adding that without the treaty in place, “fully-fledged border control” would have to be implemented and could result in “significant disruption” at odds with “the very purpose of the agreement”.

Privately, officials are confident that if the date is not met, border officials will continue applying a flexible approach to residents and cross-border workers pending the agreement being signed soon after.

But there is no formal confirmation of that at this stage.

On Thursday, reacting to the latest developments, Chief Minister Fabian Picardo reiterated earlier statements that Gibraltar would ensure it was ready for provisional implementation by April 10.

“We are working flat out to ensure we are ready for signature and provisional application as soon as possible and in time for the 10th April,” Mr Picardo told the Chronicle.

“Ratification will follow in keeping with the relevant, separate procedures applicable in the UK and the EU legal systems.”