Concordat ‘the bedrock’ on which treaty rests for Gib, CM says

Shortly before the UK/EU treaty was signed in Brussels on Tuesday, the UK and Gibraltar signed a separate agreement, known as a concordat, that governs how they will give effect to their respective obligations under the UK/EU treaty.

The concordat provides that, other than in exceptional circumstances, nothing will be done by the UK under the treaty contrary to the wishes of the people of Gibraltar.

It guarantees the Gibraltar Government’s ability to exit the UK/EU treaty should it wish to or to stop a future UK government from doing so against Gibraltar’s wishes.

"The Concordat is the bedrock on which this treaty will rest for Gibraltar,” said Chief Minister Fabian Picardo.

“It delivers, in black and white, what our Parliament and people required as the condition of their support: that nothing would ever be done under the treaty contrary to the expressed wishes of the people of Gibraltar.”

The concordat states that the UK will not, “other than in the most exceptional circumstances”, terminate the agreement unless supported either by a motion carried by at least three-quarters of MPs in the Gibraltar Parliament, or a simple majority in a referendum of eligible voters in Gibraltar.

The concordat, which was published by the UK Government alongside the final treaty on Tuesday afternoon, was supported further by a letter from Mr Doughty to the Chief Minister reinforcing what “most exceptional circumstances” means in practice.

“This phrase reflects the shared understanding that, in relation to the exercise of powers within the Treaty, the United Kingdon Government would follow the democratically expressed wishes of Gibraltar and would not to anything or omit to do anything contrary to those wishes in all but truly exceptional circumstances,” Mr Doughty said in the letter, which was published by No.6 Convent Place.

“This is intended to set an extremely high threshold and is consistent with the principle that there should be ‘nothing about Gibraltar without Gibraltar’, while also recognising the United Kingdom’s constitutional responsibilities.”

He added: “I consider it would only be in the most extreme cases, such as where there was a grave impact on the United Kingdom’s essential interests that we would take such action.”

“Quite frankly, I consider it inconceivable that such circumstances would ever arise.”

The Leader of the Opposition, Keith Azopardi, while cautiously welcoming the treaty, struck a note of caution about the concordat, saying it “falls short” of what had been called for in the parliamentary motion passed unanimously in Parliament in March.

He said a GSD government would seek to enter discussions with the UK Government to “improve its terms”.

Mr Azopardi said that while the Chief Minister had said there would be “no circumstances” in which decisions could be taken under the treaty by the UK without Gibraltar’s consent, the concordat set out that this could happen in “exceptional circumstances”.

He said too that the involvement of the Gibraltar Government was “circumscribed” to some issues and not all matters that could arise under the implementation of the treaty but would affect Gibraltar.

“It is clear that any issue agreed under the treaty framework will affect Gibraltar and as such the Gibraltar Government should always be involved in all discussions,” Mr Azopardi said.

“Additionally, it is of fundamental importance that any decision affecting Gibraltar must carry the consent of its Government and the people of Gibraltar.”

“While the letter of Minister of State, Stephen Doughty, goes some way to allaying concerns that had already been expressed by the Opposition in respect of the draft version of the concordat shown to us last week, it does not adequately resolve these.”

“This is regrettable and means the concordat, as it stands, falls short.”

“In Government the GSD would seek to agree amendments to the concordat which more closely reflects the principles in the Doughty letter as well as a more modern non-colonial relationship with the UK.”

“Clearer commitments should be given in the UK-Gibraltar bilateral arrangements.”

“It would be unacceptable for decisions affecting Gibraltar not to have the consent of the Government or the people of Gibraltar.”

But Mr Picardo told the Chronicle he believed the concordat “achieved the right balance” and that the UK already had “an in extremis power” under the Constitution.

He said the contentious phrase referred to “the gravest possible circumstances” that could happen in “a very serious situation of economic shock, of warfare, that sort of moment in which the United Kingdom might have to make a decision, and which in the end, we're British for the good and the bad.”

Outside such extreme situations, “the whole purpose of the concordat is to make clear that it's Gibraltar's voice, it's the people of Gibraltar who will make all of the relevant decisions on the key issues in the treaty when those issues come up for decision.”