UK Govt quizzed in Parliament on Schengen checks and ‘hot pursuit’

The House of Lords was reminded this week that non-resident British nationals do not have an automatic right of entry into Gibraltar and can currently visit only for a maximum of 90 days.

Labour peer Baroness Chapman of Darlington, a Minister of State in the Foreign, Commonwealth and Development Office, made the point in response to questions this week from Lord Frost, the UK’s former chief negotiator during the Brexit negotiations under Boris Johnson.

Lord Frost had asked whether non-resident Britons visiting Gibraltar would have to go through Schengen checks and whether their stay on the Rock would count toward the 90-day limit within a 180-day period for third-country nationals entering the Schengen area.

“As is the case today, there will be no automatic right of entry into Gibraltar for non-resident British nationals,” Baroness Chapman replied.

“To unlock the benefits of a fluid border, all individuals arriving at the airport will undergo dual immigration controls allowing them to move freely into the European Union if they wish to.”

“Immigration and entry to Gibraltar will remain the responsibility of the Gibraltarian authorities. Spain will only be responsible for granting entry to the Schengen area.”

She added: “Non-resident British nationals can currently visit Gibraltar for up to 90 days.”

“The same will be the case under this agreement.”

“As visitors will be free to cross into Spain without checks, time spent in Gibraltar will count towards the European Union's 90-in-180 requirement.”

“This agreement provides a solution to the unique situation in Gibraltar.”

“It ensures a fluid border to deliver certainty for the people and businesses of Gibraltar and has the full support of its Government.”

The same issue was raised by Labour MP Neil Duncan-Jordan in the House of Commons, where he received a reply using the same language from Stephen Doughty, the UK’s Minister for Europe at the FCDO.

Mr Doughty also took questions from Priti Patel, the shadow Foreign Secretary, who asked for the UK Government’s estimate as to how many non-resident Britons would be stopped at the Schengen control on arrival in Gibraltar after the treaty is in place.

“As is the case today when UK nationals arrive at either a Gibraltar or a Schengen checkpoint, we expect the overwhelming majority of travellers to proceed without difficulty through the checks, which are carried out in the mutual public safety interest,” Mr Doughty said.

“British nationals who are resident in Gibraltar will not be refused entry to Gibraltar.”

“As a result of the agreement announced on 11 June, we expect the number of passport checks in Gibraltar to reduce from approximately 10 million to 250,000.”

“This model of dual checks is specific to the situation in Gibraltar and agreed by its Government.”

“It will unlock the significant benefits of a fluid border.”

The impact of Schengen controls on non-resident Britons has been one of the top issues repeatedly raised in the UK Parliament since the political agreement was announced in Brussels earlier this month.

Questions about the UK’s military autonomy in Gibraltar have also figured prominently and were raised again this week.

In the Lords, Baroness Chapman restated a position that was made clear from the outset.

“This agreement fully protects the autonomy of UK military facilities, allowing them to freely continue their vital contribution to regional security and prosperity as they do today,” she said.

“The posting of UK military personnel serving in Gibraltar, and their families, will not depend on Schengen area entry clearance.”

“As now, the UK will decide who will serve in Gibraltar.”

HOT PURSUIT AND SOVEREIGNTY

The Labour peer was also asked whether the treaty included any provisions on “hot pursuit by Schengen officials” into Gibraltar.

“To ensure the safety and security of both Gibraltar and Spain, the treaty will include provisions for enhanced police cooperation, including on 'hot pursuit',” she replied.

“This provision will be reciprocal, and will be governed by clear rules and procedures.”

“As Gibraltar is not joining Schengen, Article 41 of the Schengen agreement will not apply.”

Asked for clarification on this point, a spokesperson for the Gibraltar Government told the Chronicle the terms of Article 41 of the Schengen agreement would be largely replicated in the treaty, with arrangement for ‘hot pursuit’ applying only on land, not at sea.

“The arrangements are the same as apply between all different [Schengen] states and enable us also to carry on pursuits in Spain,” the spokesperson said.

Article 41 of the Schengen Agreement allows law enforcement officers from one Schengen state to continue pursuing a suspect into another member state when urgent circumstances prevent timely notification or intervention by local authorities.

Pursuing officers must immediately contact and cooperate with the competent authorities upon entry and put themselves under their authority and jurisdiction.

Hot pursuit is limited to serious offences and must follow strict conditions, including adherence to local law, and any person can only be detained by local authorities.

“It's very unlikely that any pursuit would ever continue into Gibraltar,” the spokesperson said.

In any event, the Gibraltar Government has already confirmed plans to maintain a permanent law enforcement presence at the border, a natural funnel for traffic moving to and from Spain.

Separately in the Commons this week in response to Mrs Patel, Mr Doughty reaffirmed the UK’s sovereignty commitment to Gibraltar.

“This Government is fully committed to the double lock,” he said.

“We will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes.”

“And we will never enter into a process of sovereignty negotiations with which Gibraltar is not content.”