Negotiations over Gibraltar’s post-Brexit border arrangements could risk the government crossing its own red lines about the Rock’s sovereignty, ministers have been warned.
Conservative grandee Sir Bill Cash issued the warning after Foreign Office minister David Rutley confirmed to MPs that his colleague Leo Docherty, the minister for Europe, was in Gibraltar meeting its senior government figures.
The nature of Gibraltar’s long-term post-Brexit relationship with the European Union (EU) remains unresolved.
Sticking points in negotiations reportedly include the rules that will govern Gibraltar’s border with Spain and the EU, and the Spanish seeking greater management over the territory’s airport.
The British overseas territory’s sovereignty is disputed by Britain and Spain.
Sir Bill, who chairs the European scrutiny committee, said these concerns had been laid out to him in a letter from Fabian Picardo, the chief minister of Gibraltar.
The MP for Stone said: “The minister is there today and following the granting of this urgent question and to prove its value, I received an urgent letter only two hours ago from the chief minister of Gibraltar proposing a meeting with my committee next Wednesday.”
Gibraltar has long been disputed by the UK and Spain. Brexit has only made things more complex
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He added: “I was disturbed to hear from the minister that what appears to have been agreed in principle between the UK and the EU with regard to Gibraltar would include EU Schengen border checks being performed in Gibraltar, Gibraltar aligning with EU rules to ensure a so-called level playing field, they say, and joint UK-Spanish management of Gibraltar’s airport and, therefore, defence issues.
“If so, what the government has agreed … crosses its own negotiating red lines as first set out to my committee in 2021. It risks setting a dangerous precedent for the UK’s overseas territories and crown dependencies, allowing a foreign power to set the rules of our engagement and diminishing the constitutionally entrusted role which the UK plays.”
He asked if ministers would pass a bill through the Commons in order to cement Gibraltar’s future border arrangements and whether Gibraltarians would be offered a “domestic referendum” on the proposals.
Foreign Office minister Mr Rutley said the government’s position on Gibraltar has not changed, adding: “We will not agree to anything that compromises sovereignty.
“We continue to work side by side with the government of Gibraltar and we will only agree to terms that the government of Gibraltar are content with.”
On the future of the airport, Mr Rutley said: “We are prepared to explore practical and technical options to facilitate flights between Gibraltar and the EU. The UK will only agree to terms that the government of Gibraltar are content with and will not agree to anything that compromises sovereignty.”
Senior Tories continued to question the government’s proposals, with former Brexit minister David Jones asking: “How can it be the case that British travellers arriving in British territory will have to deliver their passports for inspection to a foreign border official and that not be incompatible with British sovereignty?”
Mr Rutley said the UK was seeking a “mobility arrangement” for Gibraltar with the Schengen travel area, adding: “This arrangement would remove checks from the Gibraltar-Spain border. Instead those arriving in Gibraltar would pass through Gibraltar immigration, followed by Schengen immigration.
“The exact details of arrangements form part of the ongoing negotiations.”
Mark Francois, a Conservative former minister who backed Brexit, could be heard to say “Here we go again” as the minister finished speaking.
Shadow foreign office minister Stephen Doughty warned negotiations had taken longer than expected, adding: “It is critical that the government now works hard to get a good deal over the line and provides people, businesses and communities on both sides of the border with the clarity and stability that they need.”
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