Gibraltar-La Linea Border

Gibraltar & El Campo
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*Picardo says, Gibexit treaty will be good, no agreement will put us “at the door of an abyss”
*1969 economic and social siege was survived with UK help
*UK help will not be generous today to reverse a badly affected economy
*Ease of crossing to Spain will become as difficult as for Blue cardholders

GOOD OR DISASTER

“We are at the point of something very great, very positive, and historically important, or at the doors of an abyss almost as negative as that of the year 1969.” Yes, nothing less than “at the doors of an abyss” as negative as was the closure of the frontier in 1969.

Those are the words last Friday of GSLP-Liberal Chief Minister, Fabian Picardo, in a statement when politely declining an invitation to a Brexit seminar in Algeciras, organised by the University of Cadiz. His refusal was due, he said, to the sensitive stage at which the Gibexit negotiations stood between the UK and the EU.

NOT A NEGOTIATING STANCE

Such words from Mr. Picardo are not the best negotiating ploy for any party engaged in those important negotiations to utter, except if negotiations are essentially completed with a positive outcome waiting to be announced. That is not where we are, says Mr. Picardo, although the messages of expected success in the talks are very optimistic.

They are words which could be seen to be aimed at selling to voters a ‘deal’ that is already negotiated, not words which allow for a negotiation from a position of strength.

Until Mr. Picardo spoke those words, he has always maintained a negotiating position of strength, which is that Gibraltar is ready and able to move forward positively, were ‘no deal’ to be the outcome of the Gibexit negotiation. Although details of that plan have never been revealed by the Government.

1969 AND NOW

When Spain closed the frontier, Gibraltar faced a social and economic siege, with a need to source basic requirements, including food. It turned towards Morocco and the UK. Its basic needs were met through the sustained communications with both those countries by sea and by air.

The support that Gibraltar received from the UK in those days was huge. Aid and Defence spending by the UK sustained 80% of the economy, and employed huge numbers, until the closure of the Naval Dockyard, when the economic downturn began to be felt. It was the opening of the border which came to the rescue.

‘SUPPORT AND SUSTAIN’ TODAY

Those days of UK ‘support and sustain’ are over, Defence expenditure today meets only about 10% of our economic needs. The increase of that to meet a newly hugely difficult frontier with Spain would need to be massive.

Reality points to such huge support not being forthcoming from the UK, which itself has cities and areas of its geography needing financial help and support, and getting very little.

Additionally, the food storage facilities, including cold storage, that were available in 1969, are more than gone.

How and where will those be recovered to meet the increased demand that exists today when compared with 1969? Storage that would become essential, if reliance is to be placed on supplies from Morocco and the UK once again.

WHO WALKS FROM THE TALKS?

All that said, in part, the level of support from the UK will depend on who walks away from the Gibexit negotiating table, the UK or Gibraltar. The indications are that it will not be the EU, for now.

If it is the UK, the moral argument for greater ‘support and sustain’ will be magnified. But any support will likely not be enough to sustain the level at which we have become accustomed to today, nor allow for the mortgage and loan obligations assumed by so many families to be met by all.

ALTERED ECONOMY

There are some elected politicians who point to the gaming and finance industries as potential saviours. Yes, those will provide some cushion, but they will not replace the losses.

Additionally, they depend, to a noticeable degree, on cross-border workers, who will face difficulties at the border, unless they are EU citizens and Gibraltar allows free passage, whilst none is available to residents and citizens of Gibraltar.

Those cross-border workers support and sustain businesses here, and the economy of the neighbouring Campo de Gibraltar, through rentals, municipal charges, and general spending. Accordingly, the loss to the Campo de Gibraltar in the case of ‘no deal’ could likely be very marked also.

BLUE CARD BORDER TREATMENT, AN EXAMPLE

The ease of access into Spain using a Red ID Card is a wonderful concession that all such cardholders benefit from, but it is a unilateral concession from Spain. It is not a right that those cardholders have under EU law.

Today we are told that the Government has made loud and strong arguments for that same privilege to be extended to Blue cardholders, but without success. Those without Red ID Cards are having the Schengen border rules applied to them. They are asked for written proof of the reason for travelling into Schengen, date of return and evidence of accommodation and of sufficient funds.

Mr. Picardo has warned in Parliament that the privileged enjoyed by holders of Red ID Card may come to an end should a Gibexit ‘deal’ not be agreed. He said, “The reality is … that we favourably finish these negotiations, or we will all … get the same treatment that Blue [cardholders] are getting at the moment”.

‘Mas claro agua’, as we say here.

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Whether you're planning to fly to another European country, or simply to cross into Spain, you might want to check that your passport's validity is within the necessary timeframe - and that you have enough time to renew it if not.

In response to GBC questions, the the Government said the current processing time for renewing a British passport is between twelve to sixteen weeks; they say the Gibraltar variant takes between 15 to 20 days.

A recent report by Sky News found that some British travellers to Europe have been turned away from departure gates because their documents didn't meet requirements.

The UK Government's advice states that your passport must be less than ten years old on the day you enter the EU country, and valid for at least three months after the day you plan to leave. This is in line with the guidelines from the EU itself, although it's recommended that you actually ensure there's six months' validity left on your passport from the date of arrival, since third country nationals can remain in Schengen for 90 days, and this longer requirement could be enforced by authorities.

The UK Government says it's asking the European Commission to clarify the ten-year rule - adding until then, for some Schengen countries, your passport may need to be less than ten years old during your whole visit, and the three months following the end of your stay may need to be within ten years of the issue date.

It advises people to contact their travel provider, or the embassy of the country you're visiting, if you think your passport doesn't meet the requirements - adding that you should renew your passport if you need to. However, Sky News reports long processing times, with the Passport Office saying it's seeing "unprecedented demand" as travel recovers after the height of the pandemic.

In its guidance booklet for a scenario with no UK-EU treaty for the Rock's future relationship with the union - and with no such treaty as yet agreed - the Gibraltar Government says you will need to have at least six months left on your passport from the date you need to use it. It adds if you renewed a passport before it expired, up to nine extra months may have been added to the the expiry date, but that any extra months over ten years may not count towards the six months that should be remaining for travel to most countries in Europe. The Government also advises passport holders to check the entry requirements for other countries that are in the EU but not in the Schengen area.

Meanwhile, although at the moment red ID card holders are exempt from having their passports stamped at the border, some may find it in their interest to ask for a stamp if they're travelling to a country other than Spain. One Gibraltarian told GBC how the authorities in Germany questioned the lack of a Schengen entry stamp, being unfamiliar with the Gibraltar-specific bridging measures that exempted her from being stamped when first entering Schengen via Spain.

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The House of Commons' European Scrutiny Committee has launched an inquiry into the progress of the negotiations with the EU over border and trade arrangements between Spain and Gibraltar.

It says the move follows news that blue ID card holders are being refused entry into Spain without revealing the reason for their visit, where they will be staying, and the amount of cash they have.

The European Scrutiny Committee aims to assess the legal and political importance of EU documents deposited by the Government in Parliament. It is a cross-party committee with 16 members, although nine Conservative MPs make up the majority, with all of these pro-Brexit, including committee Chairman, Sir Bill Cash.

The committee says a response to its concerns over blue ID card holders from Minister for Europe, James Cleverly, appears to "downplay the scale of the problem"; in the letter, Mr Cleverly highlights that the "large majority" of the Rock's population are not affected by the issue. However, he adds that refusal of entry to some blue ID card holders is a "concerning change" to Spain's management of the border, adding the UK will continue to monitor the situation and work with Spain to support British nationals.

Sir Bill Cash says while the committee is pleased that the issue is now on the Minister's radar, this is no small matter. He adds that "with no sign of an imminent agreement", it has decided to open an inquiry into the UK's negotiations on a post-Brexit EU relationship agreement for Gibraltar, including "the importance of a fluid border" and long-standing travel arrangements at the border for British nationals, as well as the contingencies that will be put in place if a negotiated outcome is unlikely.

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13th June 2022
Spain reaffirmed before the UN on Monday its commitment to a UK/EU treaty for Gibraltar’s future relations with the bloc that would serve to establish “an area of shared prosperity” based on the New Year’s Eve political agreement.

The message was delivered by Spain’s ambassador to the UN, Agustín Santos Maraver, in a written statement circulated to delegates at a session of the UN’s Committee of 24 on decolonisation in New York.

Time limits meant Mr Santos did not read through that section of the address during his intervention, which focused on Spain’s traditional position on territorial integrity and its view of Gibraltar as an “anachronistic colony” in Europe.

But the written text circulated to delegates set out the Spanish position before the international community just days before negotiators are set to resume treaty talks in a final, delicate phase.

In the text, Mr Santos said the New Year’s Eve political agreement “must serve as the basis for a future agreement between the EU and the UK in relation to Gibraltar”.

“The ultimate objective of that agreement is the creation of an area of shared prosperity,” he said in the document.

“Nothing envisaged in that agreement, nor any action of measure taken in its application or a result of it, implies any change in the Spanish legal position in respect of sovereignty and jurisdiction in relation to Gibraltar, as the President of the Government of Spain signalled in his address to the General Assembly last September 22, 2021.”

Mr Santos said too that parallel agreements on taxation and tobacco were “contributing to the improvement of relations in the region”.

But he made clear that despite the pragmatism focused on protecting citizens from the impact of Brexit, Spain’s core position on sovereignty remained unchanged.

He told the UN that Spain had for decades been calling for bilateral sovereignty talks with the UK but that the UK Government had “unfortunately” not met its obligations under UN resolutions.

The UK has made clear repeatedly that it will neither transfer sovereignty of Gibraltar to another state, or even discuss such a transfer, against the wishes of the Gibraltarians.

The UK and Gibraltar have told the UN on numerous occasions that their relationship is a mature and modern partnership that cannot be classified as colonialism.

But Spain adopts a less flexible stance rooted in age-old UN doctrine centred on territorial integrity.

“The process will not conclude until the General Assembly of the United Nations so decides,” Mr Santos told the UN on Monday.

“It is not down to the administering power to declare of its own accord that the decolonisation of a given territory is complete.”

In an interesting aside during the session on Monday, there were indications from other delegations that the UN may need to review its approach decolonisation, a position often argued by both the UK and Gibraltar.

In a general submission unrelated to the specific issue of Gibraltar, the diplomat representing Indonesia at the C24 session reflected that a “one size fits all” approach would not work for the remaining territories on the UN decolonisation list.

Solution need to be found “on a case by case basis”, he told the committee.

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Uncertainty when crossing the border continues for those without red ID cards. Many have taken to social media to voice their frustration at the situation, the inconsistency with which they are scrutinised when crossing, and the feeling they're being discriminated against.

The Chief Minister says we must understand that Spain remains a member state of the EU and we are not. He has previously told Parliament that things we had the right to do in Europe before we are now NOT entitled to. Fabian Picardohas also stressed that the decision to allow red ID card holders to enter Spain is an administrative concession made by Spain on the basis of its own discretion, and that this is something Gibraltar has no legal right to enforce.

He says the Government is handling the negotiation of a treaty for the benefit of all residents, regardless of the colour of their ID card.

Shelina Assomull has been speaking to people on the Rock about the issues they’ve faced, and researching what types of documents could be asked for when crossing into Spain under the Schengen Border Code.

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The Spanish press has interpreted the presence of a Frontex van at the border as a signal that the controls are about to be strengthened on persons entering and leaving the Schengen zone.

AGENCY

It has emerged at the same time that a Frontex operation is starting in Algeciras. The Agency itself has announced that it will be assisting Spanish border guards in Tarifa, Algeciras and Ceuta with the summer transit of persons to and from Morocco.

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The Gibraltar Government aims to introduce electronic passport control gates at the land frontier with Spain, according to a planning application filed with the Town Planner for changes to the pedestrian access.

The application is part of wider plans considering different works at the border area in order to improve the incoming flow of persons and vehicles through the land frontier with Spain.

“The objective of this is to improve fluidity by increasing the number of immigration control points for pedestrians, that are expected to improve the incoming flow of persons,” said a planning statement prepared by Arc Design and filed with the application.

“Given the constraints of the existing building, this planned improvement can only be implemented through an increase to the building footprint – extending this to the east of the existing pedestrian entry, into area which is presently part of the access road.”

“There are also wider planned infrastructure and highways works planned for the area around the Land Frontier building, in the context of tunnel being completed,” the statement added.

The existing building at the land frontier houses the pedestrian thoroughfare for people entering Gibraltar from Spain and is controlled by an immigration booth at the entrance, as well as a separate customs area.

There are also offices for immigration, customs and police officials overseeing the pedestrian and vehicular entry point, as well as spaces associated with the security screening and searches.

In addition, there are staff facilities including locker rooms, kitchen/canteen area and toilets, some limited technical and storage spaces, small public counters for the Tourist Board and Taxi Association and a small area housing vending machines.

“It is clear that the existing spaces within the building are already at capacity, leaving little to no scope to accommodate the planned improvements,” the statement said.

The proposal is for a small extension to the existing building, making this as much in keeping with the existing building as possible.

The treatment of the new extension is to be in the same coloured render treatment, and window openings following the same modulation as the existing premises.

A cantilevered overhang is also continued over this extension to ensure that this integrates seamlessly with the existing building aesthetic.

The planned changes include providing two manned physical control points, irrespective of any automated systems that will be added too.

To manage fluctuation in numbers of pedestrians crossing the land frontier, the proposal is for a flexible system that can be adapted to suit during disparate times as circumstances dictate.

The proposal is for an arrangement with movable posts and retractable belts, allowing officials to actively adapt this as necessary increase the overall queueing area, create separate lanes as required.

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The Deputy Chief Minister Dr Joseph Garcia has warned the Gibraltar Parliament of potential “chaos” at the border in the event of no agreement with the European Union.

He has explained that, although the Government and the U.K. have worked closely to mitigate the effects of no deal, there are certain areas where mitigation will simply not be possible.
NO DEAL
Dr Garcia was the third speaker in the Budget debate that started on Tuesday, after the Chief Minister and the Leader of the Opposition. He set out in some detail the plans which have been put into effect to prepare for the eventuality of no agreement, making the point that this was “not an attractive proposition” nor where the Government wished to land politically.

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5th July 2022
Application of the Schengen Borders Code at Spain’s frontier with Gibraltar “is ultimately a matter for Spain,” the UK Minister for Europe and North America, James Cleverly, told the House of Commons this week.

Mr Cleverly was responding after Conservative MP Andrew Rosindell asked what steps he was taking to help people with Gibraltar blue registration cards who have faced problems at the border since Spain stepped up controls on non-EU nationals earlier this year.

His comments came as a delegation of seven MPs from the European Scrutiny Committee of the House of Commons arrived in Gibraltar on Tuesday for a three-day fact-finding mission triggered by the tighter checks.

The controls are the same as non-EU nationals might expect when arriving at any EU border or airport post-Brexit.

But they have caused serious disruption for some people who live in Gibraltar and routinely cross the border for business or leisure.

They include having to provide documentary proof of their reason for travel, where they are staying and when they are returning, as well as evidence of subsistence funds.

Red ID card holders are allowed through without those checks under interim arrangements applied by Spain pending the outcome of treaty talks, but the problems experienced by other residents with blue or purple ID cards have caused outrage.

“We are aware of reports of Spain stopping some British nationals crossing the border from Gibraltar into Spain,” Mr Cleverly said in his response to Mr Rosindell.

“The UK Government has raised this issue with Spanish authorities.”

“We will continue to monitor the situation, and work with Spain to support British nationals wishing to cross the border, however the application of the Schengen Borders Code is ultimately a matter for Spain.”

The visiting MPs are led by the committee’s chairman, Conservative MP Sir William Cash, who last month announced an inquiry into the progress of negotiations for a UK/EU treaty on Gibraltar’s future relations with the EU.

Launching the inquiry secured the UK funding for the trip.

The MPs arrived yesterday morning and met with Chief Minister Fabian Picardo and Deputy Chief Minister Dr Joseph Garcia over lunch at No.6 Convent Place, where they were briefed on the ongoing treaty negotiations. The Governor, Vice Admiral Sir David Steel, was also present at the lunch.

The MPs later visited the Naval Base for a briefing with senior military officials.

During the remainder of their stay, they will meet with representatives from the business community and the finance centre, as well as learn about the University of Gibraltar and meet with Blue ID card holders.

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The border at La Linea will be partly manned by members of European police forces this summer as part of an exchange programme between them.

EXCHANGE
Many people were surprised on crossing the border into Gibraltar over the weekend to find a French and Italian police officer checking their passports. The two officers apparently speak fluent Spanish. The plan, according to press reports in Spain, is for a German officer to join the exchange scheme as from 1 August.

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*Sir William Cash, arch -Brexiteer preaches a Gibexit treaty
*Secrecy governs what UK MPs are being told
*We are safe, Sir William says there are no sovereignty red flags
*However, vagueness in statements rules the waves
*Practicalities lead Gibraltar, although those ignored by Brexiteers in the UK
*Sir William’s ideas of sovereignty for Gibraltar differ from those of the UK *Sovereignty is about the question of how you apply the law” not who makes it
*Should any Gibexit treaty allow a way out exercisable by Gibraltar?
*Politicians ask for ‘wait and see’
*Will Johnson resignation affect Gibexit talks?

EU IS GOOD FOR GIBRALTAR

What was not wanted for the UK by arch Tory Brexiteer, Sir William Cash, membership of the EU in any form is fine for Gibraltar according to him in the shape of a UK/EU treaty on our future relationship with the EU.

It is a proposed treaty to be entered into by the UK on our behalf and not by Gibraltar directly. That is a harsh reality highlighting a lack of self-determination by Gibraltar, despite the involvement in the negotiation due to the exclusive gift of the UK of our own politicians and senior public servants.

It is a proposed treaty that is supported by those MPs visiting Gibraltar, and which one hopes will not be affected by the resignation of UK Prime Minister Boris Johnson.

FACT-FINDING TRIP

Sir William has been visiting Gibraltar on a fact-finding trip as Chair of the European Scrutiny Committee of the UK House of Commons. He was accompanied by other MPs who are members of that Committee.

The Committee begun last month to explore the handling and progress of those treaty negotiations, yet keep mum on all matters that they learn of from our leaders.

SECRECY RULES

Sir William is as wary about revealing the progress towards a treaty as our own politicians and officials, which begs the question why is a UK parliamentary committee inquiring into the matter at all? They cannot reveal the results of their inquiries. Is the visit a waste if UK tax-payers money?

He has hesitated to comment on briefings that the Committee has had with both the UK and Gibraltar Governments beyond vague assurances on the still unclear issue of sovereignty. A subject that is spoken about by all in generalities without definition.

NO SOVEREIGNTY ‘RED FLAGS’

Continued at the link.

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The European Scrutiny Committee of the House of Commons has published written evidence following its meeting with a group of Blue ID card holders, during which MPs heard directly about problems they continue to face at the border.

Seven MPs on the committee met with the group during a recent visit to Gibraltar as part of their inquiry into negotiations with the European Union in respect of Gibraltar’s future relations with the bloc.

The first-hand evidence provided to the MPs left no doubt as to the “significant distress and upset” that Blue ID card holders have felt since Spain tightened checks last year, the committee said in a document published on its website this week.

Blue civil registration cards are issued by the Government of Gibraltar to British nationals resident in Gibraltar who have not yet qualified for full residence.

Spain stepped up its checks on Blue ID card holders – and other non-EU nationals who are not yet eligible for full residence - in October 2021 when the UK ceased to recognise EU ID cards as valid travel documents.

Spain has said it is applying the Schengen Borders Code on non-EU nationals as required at an external EU frontier.

Under EU rules, non-EU nationals must be able to provide documentary proof of their reason for travel, where they are staying and when they are returning, as well as evidence of subsistence funds.

At the moment, Gibraltar residents with Red ID cards indicating full residency are exempt from the checks under interim arrangements put in place by Spain pending the outcome of treaty negotiations. Unlike the UK, Gibraltar continues to recognise EU ID cards.

But the Blue ID card holders told the visiting MPs that they were frustrated by the situation and wanted “equal treatment” with holders of Red ID cards.

An agreement on mobility would address the problems at the border. However, failure to reach a deal will mean Schengen controls will apply to all residents irrespective of the colour of their residence cards.

The evidence heard by the Commons committee shone a light on the impact of the changes on people who until last October had been able to cross the border easily.

Some residents described how they had been turned back even when they had a hotel booking or when they were heading to a home in Spain.

Another resident described how their passport was now full of stamps after multiple trips across the border, leaving no option but to apply for a new one and stay in Gibraltar until it arrives.

For yet another resident, the restrictions have had an impact on their business.

“They explained that materials are cheaper in Spain—than in Gibraltar—and that being prevented from crossing the border has meant they have had to source materials in Gibraltar, at higher prices,” the committee said in the document.

“They described this situation as unfair, and as giving Spanish business selling into Gibraltar a competitive advantage versus those based in Gibraltar.”

Another resident described how a relative was turned back even though they were travelling to a hospital appointment in Spain.

Residents also spoke more generally about the impact checks were having on their daily lives and businesses, including occasional brushes with Spanish frontier guards.

“One resident explained the difficulties they were facing recruiting workers from Britain,” the committee said in the document.

“They told the Committee that British workers often live in La Línea and commute into Gibraltar but this is no longer considered viable because of checks.”

“An overwhelming majority of residents present at the meeting said they would consider leaving Gibraltar if the issues they described at the border are not resolved soon.”

“Residents told the Committee that uncertainty over how the border is being managed—on any given day—was causing them considerable worry and distress.”

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*Red ID card holders will face same problems as Blue ID card holders face no if no Gibexit ‘deal’
*Blue ID card holders problems summarised by Commons’ Committee
*Red ID card holders presently voluntarily privileged
*Privilege ends if ‘no deal’
*Barriers faced by Blue ID card holders now would be faced by Red ID card holders
*Gibexit treaty could cause UK Nationals difficulty in employment or businesses in Gibraltar

FRONTIER DIFFICULTIES FACED BY BLUE ID CARD HOLDERS

The evidence heard from Blue Gibraltar ID card holders by the European Scrutiny Committee of the House of Commons indicates the issues that will be faced by Red Gibraltar ID card holders should there be no Gibexit ‘deal’ between the UK and the EU over Gibraltar. Those Blue ID cards are held by British nationals who have yet to qualify for full residence.

That Committee published on its website a summary of the written evidence given to it by Blue Gibraltar ID card holders. It sets out the difficulties faced by them. Those are the difficulties that Red Gibraltar ID card holders will be met with if there is no Gibexit ‘deal’.

Red Gibraltar ID card holders are for now being privileged by interim arrangements being followed by Spain who has volunteered to treat those cards as EU ID cards whilst negotiations to lead to a Gibexit treaty continue. The arrangements mean that those card holders enter and exit Spain (and so Schengen) as if Brexit had not happened. It is undoubted that the privilege will end dramatically if no Gibexit treaty is agreed.

Additionally, UK nationals wishing to work or establish businesses requiring their presence in Gibraltar could be disadvantaged absent appropriate Gibexit treaty provisions.

COMMONS COMMITTEE IDENTIFIES PROBLEMS

Members of that Commons Committee recently visited Gibraltar. They heard about the challenges faced now by Blue Gibraltar ID card holders which Spain says are caused by the application of the Schengen Border Code.

That code requires non-EU nationals to satisfy immigration on entry into the Schengen area of various matters. Those are documentary proof of the reason for travel, proof of accommodation, of date of exiting the Schengen Area, and of sufficient funds to live on during the stay.

Blue Gibraltar ID card holders need their passports stamped in and out of Schengen at each visit. The frequent need for a new passport is obvious.

Certain businessmen in Gibraltar who previously sourced cheaper materials for their businesses in Spain are being affected by having to buy the more expensive materials in Gibraltar. The effect is to make their business uncompetitive as against Spanish competitors selling into Gibraltar.

Employers are also finding it increasingly difficult to recruit UK workers, as those often live or wish to live in Spain and commuted into Gibraltar, as rental and other costs in La Linea, the border town, are much lower, making it much more attractive for UK workers to seek jobs in Gibraltar.

Incidents of Blue Gibraltar ID card holders being turned back despite having hospital and medical appointments were reported also.

Many Blue Gibraltar ID card holders talked of the uncertainty at the border caused worry and distress, saying that they would think of leaving Gibraltar if a timely solution was not found to those concerns and difficulties.

RED ID CARD HOLDERS AND ‘NO DEAL’

Leaving Gibraltar permanently is not an option open to many Red ID cardholders were they to face the situation now being faced by Blue ID cardholders. If there were to be no Gibexit ‘deal’ those issues would indeed confront them. Most of us would simply have to lump it.

Right now, we are in a honeymoon period, which would only be prolonged if the marriage were to continue without a divorce. That divorce would be the breakdown of Gibexit talks without a treaty being formalised.

NO CHANGE FORESEEN FOR BLUE ID CARD HOLDERS

The Commons’ Committee may have published the problems of Blue ID card holders, but it has not suggested any solution for now. None would seem to be available, unless a Gibexit treaty were to be reached. Even then, that circumstance needs careful thought and solution within any such treaty.

A solution would need to be found otherwise the holders of those cards on arrival in Gibraltar, or indeed any UK National not having a Red ID card would have their passports stamped by Frontex Officers at our airport and port. That would give them access into the rest of Europe but only the ability to remain (inclusive of in Gibraltar) for 90 days in every 180 days.

It is a situation that, were there not to be a solution, would not encourage UK Citizens who are resident in Gibraltar already to continue in employment in Gibraltar or to run businesses requiring their continuous presence in Gibraltar. Further, UK nationals not having a Red ID card would not be permitted employment or permanent residence in Gibraltar to run businesses requiring their continuous presence.

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There were lengthy queues at the frontier to enter Spain Thursday evening. GBC understands this is as a result of Spanish frontier police operating much more stringent controls than usual.

At its peak, the waiting time to cross over was at over two hours. Some Gibraltarians have reported their passports being scanned as they crossed over.

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How Gibraltar Narrowly Avoided a Hard Brexit What Happens to Gibraltar Now

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The La Linea branch of the Partido Popular has said that solutions need to be found to the long delays being experienced to cross the border.

CROSS
This follows representations made to the PP by the frontier workers association ASCTEG and by individuals who work in Gibraltar and live in Spain. The PP has highlighted that some people have taken well over a hour to cross the border and has stressed what it calls the “suffering endured by citizens of La Linea and the Campo de Gibraltar” every time they cross over to work.

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Gibraltar's sovereignty is in the hands of the people of Gibraltar.

Sir Graham Brady has told GBC this is guaranteed by the UK Government.

The Conservative MP and Chairman of the influential 1922 Committee said he believes a treaty agreement will result in a more positive experience at the Gibraltar/Spain frontier which people on both sides will want to see continue beyond the initial four-year period.

Our reporter Ros Astengo spoke to Sir Graham, and first asked him whether, as a Brexiteer, he believes Britain is better off after having left the EU.

UK Govt guarantees Gibraltar sovereignty in hands of Gibraltarians Sir Graham...

Speaking further today, Ros Astengo asked Sir Graham whether he had received any letters of no confidence in the new Prime Minister. Liz Truss has been embroiled in controversy since her Chancellor's Mini-Budget last week plunged the UK economy into financial crisis.

However, Sir Graham said he never comments on letters but did confirm there cannot be another vote of no confidence in the PM for another year.

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Spain on Tuesday again signalled before the United Nations its willingness to reach a UK/EU treaty on Gibraltar’s post-Brexit relations with the bloc, adding it sees “enormous potential for prosperity” on both sides of the border.

The message was delivered to the UN Fourth Committee in New York by Agustín Santos Maraver, Spain’s permanent representative at the UN.

But as he does every year, Mr Santos also underscored Spain’s traditional stance on sovereignty and territorial integrity, insisting that any agreement on Gibraltar would not impact on that position.

The Spanish intervention drew a response from the UK Government, which said it enjoyed “a modern and mature relationship” with Gibraltar and reaffirmed its commitment to self-determination for the people of Gibraltar.

Addressing delegates at the session, Mr Santos echoed the words of Prime Minister Pedro Sanchez in an address to the UN General Assembly last month, during which he repeated before the international community his government’s wish to develop “an area of social and economic prosperity” covering Gibraltar and the Campo de Gibraltar.

“Spain is favourable to the prosperity of both the inhabitants of the Campo de Gibraltar and those of the Rock,” Mr Santos told the Fourth Committee on Tuesday.

“We believe there is enormous potential for prosperity on both sides of the [border] fence.”

“We have demonstrated that in the negotiations on Brexit, which the majority of the population of the Rock of Gibraltar voted against in the referendum.”

Mr Santos said the UK and Spain had negotiated a tax agreement and four memorandums on citizen rights, tobacco, police and customs cooperation and the environment as part of a negotiating process that sought a Brexit “as orderly as possible”.

And he told the UN too that the political framework agreement reached on New Years’ Eve in 2020 “should serve as the foundation” for a future UK/EY agreement on Gibraltar’s post-Brexit relations with the bloc.

“The objective of this understanding is the creation of a zone of shared prosperity, as the prime minister of the Government of Spain, Pedro Sanchez, signalled before the General Assembly a few weeks ago,” Mr Santos added.

“That understanding must not permit, through action or measures in its application, any modification of Spain’s legal position in respect of sovereignty and jurisdiction in relation to Gibraltar.”

Mr Santos said Spain had always been willing to negotiate with the UK in line with UN resolutions on territorial integrity, which he described as “the only available solution” to Gibraltar’s decolonisation.

“I want to reiterate, as in previous years, our willingness to reach an agreement with the UK to put in place a new framework of regional cooperation for the benefit of inhabitants on both sides of the fence that divides Gibraltar [from Spain],” he added.

Mr Santos outlined Spain’s traditional position on Gibraltar, referring to the Treaty of Utrecht and arguing that Gibraltar had no territorial waters or airspace.

He referred too to UN resolutions calling on the UK and Spain to agree the decolonisation of Gibraltar in accordance with the principle of territorial integrity, resolutions that the UK was “ignoring”.

But he introduced too a new observation that highlighted a key issue for Spain in its relations with Gibraltar, namely the British military presence here.

“As is known, the nucleus of the colonial situation in Gibraltar is the British military presence on the Rock, which again goes against the doctrine of the United Nations’ General Assembly,” he said.

At the end of the Fourth Committee session, the UK Government exercised its right of reply and welcomed earlier submissions by the Gibraltar Government and the Self Determination for Gibraltar Group.

“The United Kingdom's position is clear regarding its sovereignty over Gibraltar and the territorial waters surrounding it,” a UK diplomat to the session in New York.

“The United Kingdom also recalls that the people of Gibraltar enjoy the right of self-determination.”

“The 2006 Gibraltar Constitution, which was endorsed in a referendum by the people of Gibraltar, provides for a modern and mature relationship between Gibraltar and the United Kingdom.”

“The Government of the United Kingdom restates its longstanding commitment to the people of Gibraltar that it will not enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes.”

The UK intervention prompted another reply from a Spanish diplomat, who again told the UN that Gibraltar had been captured by military force and that its “original inhabitants” had been expelled and replaced with “settlers”.

He repeated too Spain’s position that Gibraltar has no territorial waters or airspace, and its view that Gibraltarians did not have the right to self-determination.

“In line with UN doctrine, Spain rejects the attempts by the administering power and the authorities of the colonised territory to alter their political relationship to pretend there are no colonial ties, while at the same time claiming a hypothetical right to self-determination,” he said.

“It is Spain that suffers colonisation on its territory, which is why Spain has the right for that same territory to be decolonised though the restoration of its national unity and territorial integrity.”

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*Unknown whether British military considerations impact on treaty
*Reference made by Spain at the UN to British military
*Military considerations should not stop Gibexit treaty
*Spain emphatic of potential for shared prosperity
*Military reference at UN is new development coinciding with Gibexit talks
*Rumours persist about military considerations posing a problem in talks
*Gibraltar’s support for British military is steadfast and unwavering
*Mood of optimisms reigns in statements from Gibraltar and Spain

SPAIN HIGHLIGHTS MILITARY TO UN

It is difficult from the outside to understand what, if any, influence the British military presence in Gibraltar will have on the desire of all parties to reach a treaty on Gibexit between the UK and the EU. Such a treaty is intended to govern Gibraltar’s future relations and engagement with the EU.

The issue arises due to, aside from rumour, a reference to the British military by Agustin Santos Maraver in his address to the UN Fourth Committee last Tuesday, 4th October 2022. He is Spain’s permanent representative to the UN.

He mentioned that presence after making the usual arguments with emphasis this year on the desire to create the circumstances for shared prosperity. The mention of the military indicates that it is a consideration that may be playing on the minds of those negotiating any Gibexit treaty.

Hopefully military matters will not be a brake that will result in no ‘deal’. The impact of that on the civilian population of Gibraltar will likely be substantial. A no ‘deal’ result should only come about if there are fundamental concessions on sovereignty, jurisdiction and control sought that will favour Spain.

HUGE POTENTIAL FOR PROSPERITY

The reference to the military came after Mr. Maraver had underscored Spain’s belief that there was a great deal of potential to unleash prosperity on both sides of the border. He emphasised also that a tax agreement and memorandums on tobacco, citizens’ rights, the environment, and customs cooperation had been reached in the negotiations.

He went on to refer to the objective of the New Years’ Eve framework agreement of 2020, which he said is intended as the foundation of the proposed Gibexit treaty, being to create “a zone of shared prosperity” He emphasised that Spain wished to agree with the UK a framework to benefit those living on both sides of the border.

On those subjects not involving the military Mr. Maraver is on the same page as the submissions being reported as having been made on the part of Gibraltar and the UK. In short there seems to be progress towards agreement.

All that remains conditioned on Spain’s well-known position on the sovereignty and jurisdiction of Gibraltar not being changed by any agreements. In this context Mr. Maraver referred to the Treaty of Utrecht, UN decolonising resolutions based on territorial integrity.

MILITARY CONSIDERATIONS

Mr. Maraver is reported in the Gibraltar Chronicle of 6th October 2022 however of introducing “a new observation that highlighted a key issue for Spain in its relations with Gibraltar”. It says that consideration is “the British Military presence”.

He is quoted as having pointed out, “As is known the nucleus of the colonial situation in Gibraltar is the British military presence on the Rock”.

The timing of this reference to the military could be significant. It coincides with the ongoing talks between the UK and the EU to arrive at a Gibexit treaty covering the future relationship of Gibraltar with the EU.

WORD ON THE STREET

In hushed voices people speak not so much of the British military presence but about issues that may have arisen in the Gibexit talks about how such personnel will be treated by EU immigration authorities.

The talk is of lack of agreement as to how military personnel will be made known to EU officials upon entering Gibraltar. They gain access to the whole of the EU upon entry to Gibraltar if a treaty is agreed. It is suggested that the UK military are reticent to inform about the identity and details of such individuals which the EU does not accept.

GIBRALTAR’S SUPPORT FOR BRITISH MILITARY

There is no doubting that Gibraltar welcomes, encourages and is fully supportive of the British military in Gibraltar. It is the most tangent sign of British sovereignty, jurisdiction, and control in Gibraltar, and it is seen as such.

Any further reduction of that will not be welcomed as indeed past cuts have not been liked. The consolation has been that those have been due to UK wide Defence cuts. A reduction of or the use of Gibraltar’s military installations due to Gibexit arrangements will be even less welcome.

The indications are that there is an increased use of Gibraltar by the British military in the last months. Certainly, the visit of Royal Navy vessels over several months and the permanent stationing of one in Gibraltar indicate greater use of Gibraltar. Those visits are coincidental with a visit by a US nuclear submarine.

OUTCOME AWAITED

The conclusion of the Gibexit talks is keenly awaited. The mood is one of optimism as that is the message being given by the Chief Minister, Fabian Picardo. It is also the message coming from Spain.

Last week Juan Jose Sanz, the representative in the Campo de Gibraltar of Spain’s Foreign Ministry, said that Spain remained optimistic that a Gibexit ‘deal’ was possible and that much progress had been made with many parts agreed already. His emphasis was on the details of the negotiations being diabolically complicated.

He indicated that some issues remained to be resolved and that those were “very important issues on which we are working, where there are proposals on the table”. He said that he had been asked by his Ministry to convey a message of optimism, saying “We firmly believe that an agreement is possible.”

At no point did he refer to the British military presence in Gibraltar being a difficulty.

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The UK Government is “acutely conscious” of the importance of a fluid border to the Rock’s economy and to thousands of workers in neighbouring Spain, Leo Docherty, the Minister for Europe, said on Tuesday, adding it was “in everyone’s interests” to get negotiations on a UK/EU treaty for Gibraltar “wrapped up” by the end of the year.

Speaking during a visit to Gibraltar, Mr Docherty acknowledged differences yet to be resolved in the treaty talks but expressed optimism that agreement was possible and that all sides were keen to successfully conclude the negotiation.

He underscored too the UK Government’s “100% commitment” to the sovereignty double-lock, under which there will be no discussion or change to Gibraltar’s British sovereignty against the wishes of the Gibraltarians.

“My judgement is that there must be sort of ‘win, win’ situation,” Mr Docherty told the Chronicle during an interview in The Convent on Tuesday morning.

“There are some 9,000 [Spanish] people who come from Spain into Gibraltar every day to work in really good jobs here.”

“That’s in their interests and it’s also in the interests of Gibraltar.”

“The fantastic economic model that you have built here depends on that symbiotic relationship and Gibraltar’s unique position.”

“It seems entirely sensible that everyone collectively – UK, Gibraltar and Spain – would want that to continue.”

“Negotiations are always difficult and I certainly wouldn’t want to get into the details.”

“But in broad strokes, of course there’s positioning and there’s uncertainty, but I think fundamentally there is a landing ground where it can work for both sides.”

“Clearly what we’re acutely conscious of is the inconvenience that people might face at the frontier and the impact that could have on people and families.”

“We want people to have certainty, basically, and I remain optimistic.”

“We would never do anything that undermines Gibraltar’s sovereignty, but I think for economic reasons first and foremost, there are compelling reasons to think that a settlement can be arrived at.”

Mr Docherty landed in Gibraltar just a day after attending the annual British Spanish Tertulias forum in Oxford, an event that brings together MPs, business people, academics and artists to discuss topical issues.

He was also present at a meeting between UK Foreign Secretary James Cleverly and his Spanish counterpart, Jose Manuel Albares, on the sidelines of that forum, during which the two foreign ministers discussed a range of issues including the Gibraltar negotiation.

Mr Docherty was accompanied on his trip to Gibraltar by key UK officials in the negotiation with the EU, including Julian Braithwaite, the Director General for Europe at the Foreign, Commonwealth and Development Office, and Lindsay Croisdale-Appleby, the UK’s ambassador to the EU who has been involved on Brexit and Gibraltar issues since 2016.

The minister and his officials met with Chief Minister Fabian Picardo, Deputy Chief Minister Dr Joseph Garcia and Attorney General Michael Llamas over dinner on Wednesday night to discuss the latest developments on the treaty talks.

Earlier in the day he visited the air terminal and the border to see at first hand the current arrangements and better understand how these might change if a treaty is agreed.

Negotiators from the UK – with Gibraltar – and the EU concluded the ninth formal round in London last week, almost a year to the day since the process began in October 2021.

The UK, Gibraltar and Spain have repeatedly signalled their desire to conclude an agreement that ensures continued border fluidity as the key to unlocking shared cross-border prosperity after Brexit.

But few details have been made public as to the content of any agreement and, despite the positive messaging, officials have also acknowledged that differences remain.

On Tuesday, Mr Docherty said external factors such as the war in Ukraine, which has placed the UK and EU governments under immense pressure as they coordinate their response, and the Northern Ireland protocol, which has strained UK-EU relations, should not impact progress in the Gibraltar negotiation.

In fact, Mr Docherty said, they could have the opposite effect, as could the new administration in London and a looming general election in Spain next year.

“I would say they’d be accelerant factors,” he said, adding this issue was discussed during the Tertulias meeting in Oxford at the weekend.

“They agreed that the cooperation between UK-Spain because of our collective response to Ukraine is very, very deep.”

“I think that kind of reminds us all that we need to get on with each other and settle other bilateral issues more quickly than not.”

“So the geo-political context of the challenge from the east is one that would accelerate things rather than put a brake on them.”

Even so, Mr Docherty was reluctant to be drawn on any timescale for conclusion of the negotiation on Gibraltar.

“I hope it will be done by the end of the year,” he told the Chronicle.

“There are various accelerant factors, for example domestic politics in Spain not least [a reference to the Spanish general election due next year].”

“I think that’s important to bear in mind.”

“We’ve now got a new administration in the UK, so I think there’s a strong appetite from our side to get it concluded.”

“So I hope that because of fresh impetus from the UK and a desire from the Spanish side to get it concluded, with a following wind it would be marvellous to have it done by the end of the year.”

“But politicians have learnt by bitter experience to under-promise and over-deliver and never, ever promise anything with regards to things being done by Christmas.”

“It would be in everyone’s interests, economically, politically, and I’ll be going to Madrid sometime soon after this to do whatever I can to keep pushing the process on.”

“It would be good for all sides to get this wrapped up.”

Mr Docherty, a former soldier who served in Iraq and Afghanistan and was a defence minister prior to his latest role, also visited the Royal Navy’s Gibraltar Squadron during his trip to the Rock.

He told the Chronicle “I really do understand” the role of the UK military in Gibraltar and the Rock’s “hugely valuable” strategic importance.

And he played down speculation that disagreement between the UK and Spain on Gibraltar’s military role was impacting the negotiation on the treaty.

Military issues do not form part of the treaty discussion but the UK and Spain have been engaged in separate bilateral talks on defence cooperation since last year.

“The context of course is that Spain and the UK are deep NATO allies and have a very, very close military relationship,” Mr Docherty told the Chronicle.

But he acknowledged too that despite that close defence partnership, there was friction over Gibraltar.

Mr Docherty said it was “remarkable” that there was not closer cooperation between the UK and Spain in this region.

“Perhaps it would be advantageous if two NATO allies coordinated better, but that of course is not part of the [treaty] negotiation,” he said.

Pressed on whether progress on the bilateral conversation on defence issues between the UK and Spain was acting as a brake on the Gibraltar treaty negotiation, Mr Docherty replied: “No, not at all.”