The Brexiteer element of the European Scrutiny Committee [Committee] of the UK House of Commons needs some major updating on Gibraltar’s status within the British preserve. Gibraltar is not part of the nation that is the United Kingdom. It is a United Kingdom Overseas Territory.
The Committee has a mistaken jingoistic attitude that comes to the fore every time that it deals with the issue of the ongoing Gibexit negotiation.
COMMITTEE’S VIEWS INAPLICABLE TO GIBRALTAR
Accordingly, arguments used by that element applied in achieving Brexit and relating to the UK’s relationship with the EU do not automatically apply to Gibraltar.
Gibraltar can have relationship governed by a treaty with the EU that does not in any way undermine its status as UK sovereign territory.
UK’S PARAMOUNT CONSIDERATIONS
UK Foreign Secretary, Lord Cameron, made clear to the Committee that three matters are totally paramount:
- The sovereignty of Gibraltar would remain unchanged, namely British.
- The operation of the defence facility not affected.
- Going for a Gibexit ‘deal’ for the good of Gibraltarians that crucially is backed by Gibraltar’s Government.
On defence, he emphasised, “… the defence function … must continue to be able to operate in exactly the same way as it does now. We must have full control or operation of the airbase without let or hindrance. … that is one of the things that Britain benefits from so much by having Gibraltar.”
COMMITTEE IS UNINFORMED
Within those overriding three matters Lord Cameron said, “… we don’t want to see anything that diminishes in any way UK sovereignty over Gibraltar”, despite the Committee’s expressed view that UK sovereignty would diminish.
He emphasised also that there was no wish to see tighter checks at the border, which would come about without a Gibexit treaty.
The Committee’s objection that EU rules would only allow UK nationals entry for a maximum of 90 days in 180 met the riposte that the same position already existed under the laws of Gibraltar.
PROGESS
Lord Cameron remained positive. “We think that there’s been some good movement in the last few rounds of talks. But we’re very clear. If a deal isn’t right, we won’t sign it.”
Of the three paramount matters, the first was agreed in the New Years Eve Declaration 2020, the second did not form part of that Declaration (it is not a matter for the EU), and the third was the overall objective of the Declaration.
DEFENCE HURDLE
Oddly, however, the indications in the public domain are that precisely defence considerations are a prime hindrance to reaching agreement.
Failure to reach agreement in the short term will mark hitting an insurmountable hurdle. It is a hurdle that must clearly be seen publicly to have been built by Spain.
ELUSIVE TREATY
Despite all the positive messages following high level meetings, a Gibexit treaty is proving elusive.
Newspaper reports in Spain indicate that there are five hurdles:
- Spanish workers’ pensions.
- Transposition of the environmental requirements.
- Tax harmonisation.
- Control of the port and airport.
- Defence matters.
SURMOUNTABLE AND DIFFICULT HURDLES
The first two should be surmountable.
Tax harmonisation is a distraction. The EU has given Gibraltar a green card on that front. Remember also that there is already in place a Tax Treaty between the UK and Spain over Gibraltar that neutralises Gibraltar’s attraction as a tax haven for Spain.
Additionally, if Spain wants shared prosperity for the Campo de Gibraltar, it must allow Gibraltar to prosper in matters that do not undermine Spain.
DEFENCE
On defence Spain will need to accept Gibraltar’s use for defence purposes or there will be no Gibexit ‘deal’.
In a Spanish blog, the argument made is that the UK military base is spread throughout Gibraltar, including both the airport and port. They are both designated as being military.
INTELLIGENCE CENTRE?
In that same blog, Spain acknowledges for the first time the existence of an intelligence alliance called “Five Eyes”. It is made up by Australia, Canada, New Zealand, the UK, and the USA.
The blog alleges that an important number of personnel deployed to Gibraltar are dedicated to communications intelligence for this alliance, which the Ministry of Defence allegedly want to keep secret.
EU INCOMPATIBILITY
The blog argues that Spain’s political objectives in the New Years Eve Declaration are not easily compatible with the political objectives of the rest of the EU members nor EU wide norms.
What is clear, it says, is that the intentions of the New Years Eve Declaration have not proved to be very achievable.
The issue is to what extent has Spain been the prime mover in blocking progress to a Gibexit treaty based on the New Years Eve Declaration by bringing into play issues that were not covered by it?
VIOLENT SPANISH RESPONSE?
It seems that Spain is central to that blockage as indicated in the Spanish blog referred to. If we end up with no treaty, we await a violent reaction in Spain from all those families who will be adversely affected financially and, in their ability, to continue to be employed in Gibraltar.
A downturn in Gibraltar’s economy is a precursor to much lower Spanish employment in Gibraltar and consequent civil unrest in the Campo de Gibraltar, particularly La Linea.
Llanito World 