Gibexit frustration

Gibraltar is not included in the proposed realignment of the UK with the EU that has just been made public.

Care was taken in the press conference, following the summit that agreed the realignment, to emphasise that a separate treaty for Gibraltar was ‘not very far off’ or is even ‘close’.

Despite those words, the people of Gibraltar stay frustrated and without meaningful information over such a treaty.

What we hear from Chief Minister Fabian Picardo is that a Gibexit ‘deal’, to encompass UK-EU relations over Gibraltar, is “excruciatingly close.”

Yet not a single detail is public still. It is a situation that says very little about Gibraltar’s democracy.

A delay, as suggested by the Chief Minister, whilst the treaty is translated into the 27 different languages of each member state is comic.

The overall secrecy says much about the reality of Gibraltar’s international status being under the UK.

Mr Picardo has emphasised, about Gibexit, that nothing is agreed until everything is agreed, so we are nowhere on a Gibexit treaty.

It all portrays one truth: that no treaty has been concluded despite five years of negotiations.

Meanwhile, the sounds coming from the EU and UK are ones of seeming frustration.

Mr Maros Sefcovic, the EU’s principal negotiator has posted on X that “We remain focused on successfully concluding talks on Gibraltar. The momentum is key- its time to get the job done.”

The sentiment is reflected by the UK ambassador to Spain, Sir Alex Ellis, who has said now, “it’s time to do this deal”.

Both statements show some impatience.

What is not clear is whether they are aimed at Gibraltar or Spain for delaying the finalisation of a Gibexit treaty, which after all is between the UK and the EU.

The last outcome that Gibraltar needs is that there should not be a Gibexit treaty based on the New Year’s Eve Declaration on Gibraltar 2020.

The Declaration is very careful to make all arrangements to be agreed ‘without prejudice’ to Gibraltar’s British status.

Gibraltar’s economy has grown due to and relies on a free-flowing land border. The last outcome needed is that a Gibexit treaty is not concluded.

Gibraltar will not be allowed by the UK to frustrate its own arrangements with the EU. If no Gibexit treaty is finalised Gibraltar will be isolated from the EU, whilst the UK edges closer.

In any event much of what comes out of UK-EU negotiations will not affect Gibraltar.

There are four primary issues that are important for Gibraltar as follows.

Will any agreed mobility between the UK and the EU include Gibraltar in the absence of a Gibexit treaty? It seems unlikely outside a separate Gibexit treaty.

Will Gibraltar’s military base be included in any defence and security arrangements made between the UK and the EU, and if so, what will be Spain’s involvement on the ground? Those arrangements are gaining huge impetus due to the changed defence policies of the USA.

Will the ability of UK nationals to use EU passport gates extend to Gibraltar’s frontier if a Gibexit treaty is not agreed? If not, the effect on Gibraltar’s economy will be big.

Finally, would any food and drinks standards arrangements entered between the UK and the EU apply at Gibraltar’s frontier? If not, issues will be faced by our food and drink, importers, wholesalers, and retailers that will affect consumers.

All four questions stay in the air with no public guidance forthcoming from the Government yet.

All in all, the UK’s reconciliation with the EU could be a weakening development for Gibraltar absent a Gibexit treaty.

Gibraltar must avoid isolation, however.

It is time for our elected GSLP-Liberal Government to give substantive reassurances on the EU front. Silence is no longer a permissible course.

Information is especially necessary as EU relations are in the main an ‘external affair’. Those are in the exclusive constitutional power of the UK through the Governor.

It means that whilst Gibraltar’s opinions will be considered by the UK, they will not be allowed to derail any UK/EU ‘reset agreement’.

Robert Vasquez, KC, is a retired barrister and political commentator. He stood as an independent candidate at the last general election on a platform of democratic reform.