Governor and CM reject claims they crossed border ‘without proper authorisation’
Photo by Johnny Bugeja.
The Governor and the Chief Minister comply with all immigration obligations when they cross into Spain, The Convent and No.6 Convent Place said on Wednesday, following claims the two had separately crossed the border “without proper authorisation” from Spain’s Ministry for Foreign Affairs.
The claims were made in an article in Campo newspaper Europa Sur in a report in which the senior Policia Nacional border officer had cited two recent occasions on which both the Chief Minister and the Governor had crossed into Spain.
According to the newspaper, the officer cited the Schengen Border Code’s conditions for entry by non-EU nationals and a “protocol” under which the Ministry for Foreign Affairs in Madrid evaluates any potential impact on international relations posed by an individual's entry into the Schengen area.
If there are no objections, Spain’s Ministry of the Interior would be notified and arrangements made should the person be accompanied by bodyguards, as was the case with a recent visit by the Chief Minister to La Linea.
According to the newspaper, the Chief Minister’s visit to La Linea to attend the Under-21 football match between Spain and the UK at the municipal stadium last November was authorised by the officer’s “superiors without the prior approval of the Ministry of Foreign Affairs”.
Likewise, the newspaper noted that the Governor was granted entry into the Schengen area for a private visit to Spain.
Asked for a reaction to the claims, a spokesperson for No.6 Convent Place said: “On every occasion that the Chief Minister enters Spain, or any other country, he does so legally and in keeping with all immigration obligations which apply to him.”
“To suggest otherwise is entirely untrue but it is not surprising to read such untruths in certain sectors of the Spanish press on a daily basis.”
A spokesperson for The Convent said: “The Governor crossed into Spain with his family over Christmas.”
“He presented all the relevant documents requested by Spanish authorities when crossing the border into and back from Spain and had his passport stamped.”
Officials said that when crossing the border, the Governor does not have any special privileges, and that he crosses with his passport, which is stamped, and in compliance with Schengen border controls.
The claims as reported were raised by the same officer who last year filed a complaint in a La Linea court over an interim measure at the border for Gibraltar red ID card holders pending the outcome of ongoing negotiations for a UK/EU treaty on the Rock’s future relations with the bloc.
Under the interim arrangements, the UK, the European Commission and Gibraltar, Spanish border guards have allowed red ID card holders to enter Spain without undergoing the checks applicable to non-EU nationals, which after Brexit include Gibraltar-resident British passport holders.
That means red ID card holders can cross without a stamp that would trigger the 90-in-180-day limit on stays, as well as potentially requiring them to confirm their reason for travel and other arrangements.
Conversely, Gibraltar immigration officials allow EU nationals to enter Gibraltar with just an ID card, rather than a passport.
A spokesperson for Spain’s Ministry of the Interior, which is responsible for border controls, said the interim measure “complies with the law, and there are no security issues”.
But a magistrate in La Linea has acknowledged the officer’s complaint and is currently investigating the issue.
In the complaint, the Spanish police officer expressed concern that his officers could be breaking EU law by not applying the usual controls without any written order or supporting legal framework.
The officer said he had on several occasions sought written clarification from superiors in Madrid but without success, receiving only verbal orders.
Against that backdrop, he ordered his officers to tighten controls on two occasions late last year, causing concern here and, in one instance, triggering reciprocal measures by Gibraltarian immigration staff who stopped recognising EU ID cards as valid travel documents.