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Brexit

Gib treaty ‘could be agreed tomorrow’ if Spain wanted

Photo by Eyleen Gomez

A UK/EU treaty on Gibraltar “could be agreed tomorrow” if Spain accepted “balanced, imaginative and sovereignty-neutral” proposals put forward by the Gibraltar Government, Parliament was told on Thursday.

Chief Minister Fabian Picardo made the comment while responding to questions from Keith Azopardi, the Leader of the Opposition, on the progress of talks for a treaty on Gibraltar’s post-Brexit relations with the EU.

Mr Picardo said that while Gibraltar would not cede on fundamentals, any agreement would “involve practical compromises” and that “the only way this works is if no one loses and everyone wins”.

The Chief Minister said there was no date for another political treaty meeting – there have been three since April – but that all negotiating parties continued “intensely pursuing” technical work with the aim of concluding the talks “as soon as possible”.

“Gibraltar has proposed balanced, imaginative and sovereignty neutral proposals to resolve the outstanding issues,” Mr Picardo said.

“We have put forward proposals that guarantee the safety and security of the Schengen area and the integrity of the single market.”

“None of these proposals would require us or any of our negotiating partners to cede on any of our historic fundamentals.”

“The ball is now firmly in Spain's court and if our proposals were accepted tomorrow, a treaty could be agreed tomorrow.”

The message echoed similar language used in recent weeks by Spain’s Minister for Foreign Affairs, Jose Manuel Albares, who has said much the same on several occasions, save for placing the onus on Gibraltar.

‘NO BED OF ROSES’

In responding to Mr Azopardi’s questions, the Chief Minister used robust language - Gibraltar “does not do blink”, he said at one point – but made clear too the need for pragmatism too.

He said a ‘no deal’ outcome would “not be a bed of roses”. But neither, Mr Picardo added, would agreeing a deal.

“I haven't gone to Brussels to negotiate the surrender of the European Union to the people of Gibraltar,” the Chief Minister told Parliament.

“I'm not going to come back with everything that we want signed up by the European Union, the United Kingdom and Spain.”

“This is a negotiation which will not, on the part of the government of the people of Gibraltar, involve any concession on any matter relating to sovereignty, jurisdiction and control.”

“But it will involve practical compromises in matters relating to immigration and the free movement of goods which do not touch or concern upon matters of sovereignty, jurisdiction or control.”

“We have to be ready for that.”

‘THE HARDEST MILE’

Quizzed by the Leader of the Opposition, Mr Picardo acknowledged that people were frustrated with the duration of the negotiation.

But as he has done on multiple occasions in the past, he urged patience.

“It doesn’t matter how long it takes,” he said.

“What matters is what is produced at the end of the process.”

And he added: “It’s a little bit like a marathon. The last mile is the hardest mile.”

He said the negotiations were now “in the tunnel” – a phrase used to denote the very final stages of a negotiation when parties are in constant contact to reach conclusion – and that this was “a good thing”.

“That means that a lot has been agreed and now it's a question of trying to agree the final parts of the final stretch,” he said, with the caveat that the “devil is in the detail” of the legal text.

Mr Picardo said the treaty negotiation “cannot be a poker game”.

“There are four parties sitting around this negotiating table and the only way this works is if no one loses and everyone wins, but doesn't win anything of the things that any of the others would have considered to be historic fundamentals,” he said.

“That's tough.”

“Throw in the whole of the European Union acquis - and in particular all those parts that we were not a part of for the 50 years that we were part of the European Union - and it gets devilishly complicated from day one.”

“I commend those leading the technical negotiating teams for their stamina, for their work, for their imagination and for their support.”

BORDER INCIDENT

Mr Picardo was also asked about recent incidents in which air passengers were prevented from transiting to Malaga airport and, two days later, Spain began stamping passports of Gibraltar residents, triggering reciprocal measures by Gibraltar that collapsed the border during the morning rush hour.

Both incidents were said to be the result of unilateral action by a Spanish police officer, rather than on instruction from Madrid.

“It is the Government's understanding, based on operational information shared with it by the Borders and Coast Guard Agency and the Royal Gibraltar Police, that the order to stamp the passports of all third country nationals crossing the border was countermanded in writing,” Mr Picardo said.

“In any event, in circumstances where the stamping of passports ceased, it is evident that an order to that effect must have been given.”

“I am convinced this was not a signal from Madrid,” he said of the incidents, adding they had in any case mobilised the people of La Linea to put pressure on the Spanish Government with a mass demonstration on Friday evening.

Mr Picardo said “there is no reason to doubt” that interim measures implemented by Spain in respect of Gibraltar residents would continue pending the implementation of the EU’s new automated border system, which was due on November 10 but has now been delayed.

During the ensuing exchange, the Government and Opposition agreed that Gibraltar was united on the need for reciprocity of immigration arrangements at the border and would “respond in kind” to any changes on the Spanish side, even if “in sorrow, not anger”.

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