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Gib agreement means ‘zero change’ for Rock’s military base - Lammy

Foreign Secretary David Lammy with Chief Minister Fabian Picardo during this week's visit to Gibraltar. Picture by Ben Dance / FCDO

The political agreement for a UK/EU treaty on Gibraltar will mean “zero change” for the UK’s military base on the Rock, the House of Commons was told on Thursday.

Foreign Secretary David Lammy was taking questions on the agreement a day after the UK, EU, Spain and Gibraltar announced a political deal for a treaty to guarantee border fluidity for people and goods moving between Gibraltar and the EU.

Echoing earlier messages on Wednesday, Mr Lammy told the Commons the deal showed that “a pragmatic, positive relationship” with the EU “pays off”.

During the exchanges, Shadow foreign secretary Dame Priti Patel urged the UK Government to “safeguard our defence and interest” and maintain operations of the UK’s military facilities on the Rock.

While the joint statement issued by the four negotiating parties on Wednesday made no reference to the UK military presence, Mr Lammy had already stressed the agreement guaranteed "full operational autonomy of the UK’s military facilities in Gibraltar".

Gibraltar’s airport is run by the Ministry of Defence, which hosts an RAF base and an important naval facility on the Rock.

“Can he confirm that nothing will be agreed that infringes on our ability to operate the base?” Dame Priti asked the Foreign Secretary.

“And will members of our armed forces be able to access Gibraltar without needing Schengen checks?.”
Mr Lammy was clear in his response.

“On the military base, it will continue to operate as it does today,” he said.

“There will be zero change.”

“It’s vital for UK national security, it’s protected by this agreement, and that was a red line for us throughout these negotiations.”

Gibraltar’s military facilities “are of the utmost importance to Britain’s security, protecting important global trade routes in volatile geopolitical times,” Mr Lammy added, echoing a message laid out in the recently-published Strategic Defence Review.

“Britain is safer thanks to the work of our armed forces on the Rock.”

Mr Lammy urged MPs not to believe the “fake news” surrounding the UK’s deal with the EU over Gibraltar’s border with Spain.

Unless they are resident or EU nationals, people flying into Gibraltar from the UK will face one check from Gibraltarian immigration officials and another by the Spanish on behalf of the EU.

“Residents of Gibraltar and residents of nearby Spanish communities will be able to go about their daily lives as they have done before,” Mr Lammy said in a statement to the Commons.

“For those arriving by air into Gibraltar’s airport, there will be a dual border control check, in a model similar to French police operating in London St Pancras station.”

“Ignore the fake news, Gibraltar will not be joining Schengen.”

“This was never on the table.”

“Immigration, policing and justice in Gibraltar will remain the responsibilities of Gibraltar’s authorities.”

“For products entering Gibraltar across its land border, there will be a unique goods and customs model, avoiding the need for onerous checks at the border.

“And with this pragmatic solution, flights will be able to operate from Gibraltar airport to across Europe, driving growth and jobs for the people of Gibraltar.

“This Government is showing that a pragmatic, positive relationship with the European Union pays off for the British public.”
Conservative former minister Dame Harriett Baldwin asked: “Can a British citizen flying from the UK to Gibraltar now be stopped by a Spanish official as they land?”

Mr Lammy replied: “There will be a second line queue, as there is in St Pancras, and there will be Spanish border guards and police situated in that second line.”

“And of course, if there was an alert, then at that point, not on their own, but at that point, there would be a hand-back facility with the Gibraltar police, so they are working alongside that Spanish team.”

“And if there was an alert, then the individual would have a right to legal advice.”

“They would be either be able to return to their country of origin, let’s say the UK, or they would be able to voluntarily go over to Spain to face the questions they are facing.”

And he added: “Because there will, in effect, now not be checks at the land border, it is right that Gibraltarians can come and stay as long as they want.”

“But for those who are travelling into Gibraltar from Spain, or those who are arriving in Gibraltar at the airport, I can confirm that the 90-day rule will apply across both Gibraltar and Spain.”

Deputy leader of Reform UK Richard Tice pressed the minister on whether Spanish border officials “have an effective veto on the entry of a British citizen from the United Kingdom landing on British sovereign territory in Gibraltar”.

Mr Lammy said if Mr Tice flew to Gibraltar and there was an alert in the Schengen system “he would be handed back to the Gibraltarians, where he might feel more comfortable”.

“He will be able to access his rights and the legal system that he says he feels comfortable with, which is ours, and he would be able to return to the United Kingdom, where no doubt the Spanish would seek to extradite him, and many in this House would be rather pleased,” he said.

TREATY ‘AS QUICKLY AS POSSIBLE’

Mr Lammy said the agreement paved the way for finalisation of the UK/EU treaty text on Gibraltar.

“All parties have committed to completing this as quickly as possible,” he said, the Commons would have a chance to scrutinise the deal “in the usual way”.

“I hope that Members from all parts of the House take this matter with the seriousness that it deserves and back the solution that Gibraltar’s Chief Minister and I have come to, guaranteeing Gibraltar’s sovereignty, economy and way of life,” he added.

Dame Priti said the Conservatives will judge the deal agreed once it has seen the full details.

She asked how soon Mr Lammy would be able to share the treaty text.

“We hope to do so as quickly as possible,” he reiterated.

“She will recognise that there is a lot of technical detail.”

“Work is ongoing with lawyers to draft the treaty, and between the European Union and Spain to ensure that the language in it is aligned, but we will get to that point as quickly as we can.”

And he added: “Parliament will be able fully to scrutinise the treaty, and to debate the terms of the treaty if it wishes, as she would expect.”

The Foreign Secretary was asked by Liberal Democrat MP Helen Maquire whether the treaty would contain mechanisms to ensure compliance and effective dispute resolution, given Spain’s willingness in the past to act unilaterally over Gibraltar to the detriments of Gibraltarians.

Mr Lammy said she was right to ask about any ability of “parts of the Spanish parliamentary system” to thwart the deal.

“May I remind her that the deal, appropriately, is between the United Kingdom and the European Union, that we have always been a country that meets our treaty obligations seriously and that whatever one’s views about the European Union, it is also an organisation that meets its obligations seriously?” he replied.

“When we sign up to a treaty, that is what we are doing.”

“As with the trade and co-operation agreement, there is a review mechanism that would allow the appropriate review; indeed, the UK-EU summit that we had a few weeks ago was an appropriate review.”

“However, we met our obligations under the TCA in opposition, standing up for the agreement that had been struck by the last Government, and we would expect the same in this instance.”