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Opinion & Analysis

New Year message ‘We must remain firm on fundamentals’

By Dr Jospeh Garcia, Deputy Chief Minister and Leader of the Liberal Party

When a new year opens it is generally accompanied by plenty of good wishes and hope for the future, but at the same time there is always a sense of apprehension as to precisely what that future will hold.

FESTIVE

As we gradually return to normality after the festive break with our families and friends, one thing is certain. The world has become a more dangerous place with a war in Europe, open conflicts elsewhere and greater instability on the horizon. All this will have a knock-on effect on Gibraltar during 2025. We are not immune from global trends and events, as was sadly experienced during the pandemic, the increase in fuel prices which followed the invasion of Ukraine and the spiralling inflation which ensued everywhere as a result.

ENVY

But when we look around the world and compare our situation, we must always be grateful for the many blessings we enjoy in our small country. There will always be room for improvement, of course, to learn from our mistakes and to do things differently or better. Yet on balance this must never be a reason to talk Gibraltar down. Our system of free schooling to university level, for instance, and free healthcare to tertiary or specialist level, that we sometimes take for granted, is the envy of many international politicians I have met over the years. It goes without saying that in many such areas more work will always be necessary.

BREXIT

At a local level also we still need to complete the last piece of the Brexit jigsaw that resulted from the UK’s decision to leave the European Union. No single item has occupied the time and the minds of those of us in government more than securing a treaty to govern our future relations with the EU. This workstream, and the alternative course of no treaty, is what I personally have spent more time on, together with the Chief Minister and the Attorney General, since the 2016 referendum.

TREATY

Needless to say we would have had a treaty by now had we folded and given in to every demand made by the other side. We are not here to give Gibraltar away nor to surrender anything which may have a fundamental bearing on the things which are most dear to us. That is simply not going to happen.

COMPLEX

In every negotiation, particularly one as complex and as difficult as this one, with four parties around the table, such ups and downs should not come as a surprise. There will be occasions when positions come closer together only to subsequently move further apart. Anyone with experience of international multilateral negotiations of this kind will know that they can be a roller-coaster ride. Indeed, often all it takes to block progress is something as simple as one party taking a step back on something which they had previously agreed to.

RED LINES

The people of Gibraltar can rest assured that their government is not going to let them down during 2025 or ever. We firmly believe that the conclusion of a treaty is the best outcome for Gibraltar and we remain committed to that approach - but there are well known red lines we are not prepared to cross. Those who mistakenly believe that we will succumb if they apply pressure at the last minute do not know the government and the people of Gibraltar and have certainly learnt nothing from our history.

INCONSISTENT

The truth is that in some areas Spain has done little to build confidence and trust. It is perfectly understandable, when faced with incursions, vetoes and inconsistent behaviour at the border, that many people in Gibraltar will have genuine concerns about what the future may bring. The point is that there will be deep changes to the way we interact with the European Union in general and with Spain in particular whether or not there is a successful treaty outcome. Things will be different whatever happens. However, there is no doubt that a treaty will certainly make the full transition to life outside the EU far smoother for everyone, particularly in relation to the movement of persons.

NNO

The alternative option of a Non-Negotiated Outcome, or NNO for short, does not bear thinking about. The detailed work we have carried out in this field, hand in hand with the United Kingdom, has highlighted the stark challenge that Gibraltar will face in many quarters. There are a series of mitigation measures in place and in the pipeline which are designed to cushion the impact of no treaty. However, it must be clearly understood that such measures can only be provided in areas for which we are responsible and which fall within our control.

ADAPT
So rest assured that if there is no treaty Gibraltar will be as prepared as we can be. It will not be possible to have done more. We are nonetheless confident that, together with the UK, Gibraltar will adapt to any new situation and proudly continue to move forward politically and economically as we have done for centuries.

FLUIDITY

And it is precisely at the frontier where we will aim to assist greater fluidity. There are detailed plans for the installation of a battery of e-gates to provide for the simultaneous processing of more persons on entry into Gibraltar. This is what Spain has done on their side as part of the European Union’s electronic Entry Exit System, or EES. In the event of no treaty, the policy decision has already been taken to proceed with electronic gates here as well.

EES

It is well known, though, that the EES has already been subject to numerous delays and the last deadline at the beginning of November was not met after warnings from some Member States and passengers organisations that they were simply not ready. This new EU border control system is now expected to come into force during 2025, and managing its impact will be a major challenge for everyone in the new year.

REGISTER

The passage of persons between Gibraltar and Spain will obviously continue despite the EES. There will, however, be a requirement to register your biometrics at a booth located on the Spanish side on first entry into the EU. It is estimated this will take some 90 seconds and will include answering a set of questions. After that the traveller will be expected to proceed to an e-gate, very much as happens today on arrival at London Heathrow for example.

BOOTHS

Speed of passage will depend on factors like passenger familiarity with the systems, the number of booths and the number of e-gates available. It is important to understand that this two-pronged approach to border management, first booths and second e-gates, will apply each and every time you enter the European Union anywhere, and not only at the Gibraltar-Spain land frontier. One redeeming factor is that the process is expected to take less time post-registration.

TABLETS

It is worth noting too that the bulk of persons crossing this border are EU nationals, and that they would be processed differently and subjected to lighter checks, without the need to use a registration booth. Persons in vehicles would, in the ordinary course of events, be processed in their vehicles through the use of automatic facial recognition cameras or by officers holding tablets.

PHASED

Legislation is presently making its way through the European institutions to permit Member States to implement the EES on a piecemeal basis. While the final picture remains to be formally concluded, the anticipated outcome would provide for a phased approach which would permit Spain to commence the new regime at the external border crossing points of its choosing on a case-by-case basis. However, in the event of a treaty, and based on the published EU position, Gibraltar residents would be exempt from the requirements of EES.

DISTINCT

As the potential treaty unravels in one direction or another, the new year will provide an important reminder of the shared experiences which for decades have cemented the Gibraltarians together as a distinct people. 2025 is full of such anniversaries. Eighty years ago the City Council was reconstituted after the Second World War, for the first time with a majority of elected members. It will also be 75 years since Gibraltar’s first ground-breaking 1950 Constitution, which established a Legislative Council. This was the forerunner of the House of Assembly which later became the Gibraltar Parliament.

SOVEREIGNTY

There are important landmarks with an international dimension too. Next month, in February, it will be forty years since the “full” opening of the land frontier by Spain. Before that, forty-five years ago in April at a meeting in Lisbon the UK, for the first time, implicitly put the sovereignty of Gibraltar on the table. This came in the context of the necessity to open the border given Madrid’s wish to join Europe. But the ensuing battle, primarily with London, to remove sovereignty from the table was another important stepping stone in the distinct evolution of the Gibraltarian identity.

FRANCO

A key marker too, connected to this move, was the death of General Franco fifty years ago this November. He had predicted that Gibraltar would fall like a ripe fruit when faced with border restrictions and frontier closure. He could not have been more wrong. The reality was that Gibraltarians united and became stronger in the face of adversity, a spirit which long outlasted the dictator and which remains very much alive to this day.

PRINCIPLES

That is why, whatever 2025 may bring us, we must remain firm in upholding the values and the principles of the generations who have come before. No doubt the new year will bring international challenges coupled with more specific local issues. In government you can rest assured that we will continue to use all our energy, skill and experience to steer a successful course during 2025 and beyond.

May the new year bring health, peace, happiness and prosperity to you all.

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