Lords to question UK and Gibraltar ministers on post-Brexit treaty

Chief Minister Fabian Picardo and a UK Europe Minister Lord Stewart Wodd will give evidence to the House of Lords European Affairs Committee on Tuesday as it scrutinises the UK/EU treaty on Gibraltar.

The committee will first hear from Lord Wood of Anfield at midday Gibraltar time. Mr Picardo will appear before the committee at 1pm Gibraltar time.

The two evidence sessions are intended to inform the committee’s scrutiny of the agreement and will be broadcast live on Parliamentlive.tv.

They will also be available to watch on demand.

The sessions are expected to examine the negotiations that led to the settlement and the practical problems Gibraltar faced as a result of Brexit.

Likely areas of questioning include why Gibraltar was not included in the UK/EU arrangements agreed in December 2020, what the new treaty seeks to resolve and its potential impact on access to and from the UK military base in Gibraltar.

The committee is also expected to consider how the agreement was received by the Gibraltar Parliament and whether it provides a final settlement or if further agreements will be required.

Lord Wood, who was in Gibraltar last week for National Day, said the treaty expressed values of “stability, prosperity and security” that were shared by the UK, the EU including Spain, and Gibraltar.

“I'm confident it's a resilient treaty and it will be a foundation for years to come,” he said.

Lord Wood was also confident that the treaty would clear the ratification process in Westminster, which is already under way.

“There's strong cross-party support,” he said.

“I think Gibraltarians should be reassured that the process in the Westminster end will go through smoothly.”

A copy of the treaty was laid in the UK Parliament on July 14 in line with requirements under the Constitutional Reform and Governance Act 2010.

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.

The clock on the 21-day countdown started when the treaty was laid in the UK Parliament, but the summer recess started two days later.

When MPs and peers returned on September 1, there were still be 19 sitting days during which the agreement could be debated.

The UK Parliament however will recess again on September 16 for the party conference season, returning on October 12.

For the CRAG procedure in respect of the Gibraltar treaty, that left 12 sitting days in September before the conference recess and another seven after MPs return in October.

That means the earliest that the treaty will be ratified is in the third week of October when the CRAG timeline elapses, and assuming there is no resolution opposing it.

The treaty must also be ratified by the European Parliament, where the Gibraltar file will be jointly handled by two parliamentary committees, the Committee on Foreign Affairs and the Committee on International Trade.

The European Parliament expects to take the consent vote on the treaty in the second week of December.