Contribution
My Lords, I should declare that I have visited Gibraltar previously, both before and immediately after the Brexit referendum. I am conscious that there has been a regrettable legacy of Brexit—which I note, as the noble Lord, Lord Callanan, did not, the people of Gibraltar rejected in almost equal numbers—for those who determined their own sovereignty. Indeed, the areas of difficulty and complexity that the people of Gibraltar had predicted as a result of leaving the EU came to pass.
The immediate response of one of the previous Government’s significant figures on the Conservative Benches in 2017 was from the noble Lord, Lord Howard, who said that we should send in the fleet but did not send in diplomatic forces to ensure that we would have an agreement for the benefit of the sovereignty, economy and people of Gibraltar. However, it is diplomatic measures rather than bravado that we hope have now ensured that there is a resolution to those difficult and complex issues.
I note that the Chief Minister’s letter to us all says that the agreement puts into place the 2020 border checks agreed by the previous Administration. Presumably, that was not the time when the noble Lord, Lord Callanan, was Brexit Minister, but I suspect that the agreements under the previous Administration are the ones that the noble Lord is asking the Minister about now. I look forward to her response regarding those issues that are being disowned by the Conservative Party.
These Benches will look closely at the details and, if there are legislative measures required to operationalise the agreement, we will give them proper scrutiny. We hope that Parliament will have a considerable say in these issues.
It is worth rehearsing the principles. We on these Benches have an unshakable and irreducible support for the sovereignty of Gibraltar. The self-determination of the people of Gibraltar is irreducible, and any decisions made about Gibraltar need to be made with the participation of the people of Gibraltar. These are significant principles that I hope the Minister will agree with. As a result, our founding belief is that the tests for the agreement will have to meet those. But there are additional tests: do they protect the people of Gibraltar’s security interests, support its economy and contribute to the sensible economic relationship with Andalusia?
I have seen for myself the mutually beneficial relationship between Andalusia and Gibraltar. The UK/Gibraltar relationship and the residents of Gibraltar add considerably to the Spanish economy and to the Andalusian economy in particular, while Spanish workers, especially in health and social care, add considerably to support the services within Gibraltar. The human level of the relationship—the workers, the daily crossings —is therefore of considerable importance, so a workable and sensible arrangement is in their mutual interest and I hope we find that the Government have achieved that when we see all of the details. It was up to this Government to ensure that there was agreement after the almost eight years of inactivity from the previous Administration.
I will close by asking some specific questions of the Minister that the Foreign Secretary did not respond to with clarity in the House of Commons. Regrettably, we have known that, even though acting against their own interests, the Spanish Government have been willing to act unilaterally over Gibraltar, to the detriment not only of Gibraltarians but of their own residents. We therefore cannot predict what future Governments of Spain will be or the positions that they will take, so will the Minister outline what mechanisms exist in the deal to ensure compliance with those areas of agreement? Who will police it, what are the mechanisms of mediation and potential adjudication, and are effective dispute resolution mechanisms in place in the event of future possible unilateral actions? We hope that will not be necessary, but we have to plan for the contingency that it might. Given the experience of the past, giving Gibraltarians confidence that the deal will be enforceable is very important.
Finally, will the Minister confirm what the lifespan of the agreement will be? Will it include any mechanisms so that, if there are circumstances—again, we hope there will not be—where the people of Gibraltar believe that a different agreement and a new deal will be required, there is an opt-out mechanism? Ultimately, we believe in ensuring the ultimate guarantee of Gibraltar’s sovereignty. That should be at the heart of this agreement.