SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS
(1) We conclude that the present system
of border controls is unacceptable and wholly inappropriate between
two parts of the EU. The Spanish authorities should immediately
normalise the border regime which they impose. In any event, we
recommend that the British Government should not hesitate to invoke
the procedures allowed under the Treaty of Amsterdam to ensure
that the right of free movement of EU citizens, whether Gibraltarians
or others, is respected. If the Commission is unwilling to take
swift action itself, the British Government should invoke Article
227 against Spain. (Paragraph 32)
(2) We believe that if Spain were to
act in such an unwarranted manner [as to ban civil overflights
of Spain by aircraft travelling to or from Gibraltar], proportionate
reciprocal measures should be considered against Spanish aviation
interests. (Paragraph 39)
(3) We conclude that there is great potential
in the development of the airport in a way which would assist
both Spain and Gibraltar. This is an area where real progress
can be made. We recommend that the British Government take advantage
of its ownership of the airport to facilitate a new agreement
for the joint use of Gibraltar airport. (Paragraph 41)
(4) We recommend that the Government
give the fullest legal support to any Gibraltarian (or other non-Spanish)
operator who wishes to re-establish a ferry crossing between Gibraltar
and Spain. (Paragraph 42)
(5) We recommend that the two Governments
[of the United Kingdom and of Gibraltar] should ensure that funding
is made available for at least one fast patrol boat for the Royal
Gibraltar Police. (Paragraph 49)
(6) We recommend that the Foreign and
Commonwealth Office continue to press for the early adoption of
legislation in Gibraltar to bring into effect the Fourth and Seventh
EC Company Law Directives. (Paragraph 55)
(7) We conclude that the series of allegations
which Spain makes against Gibraltar appear almost wholly to be
without substance. In many cases, it is not just the Government
of Gibraltar but the British Government as well which is traduced.
It is deeply regrettable that allegations are made that cannot
be sustained by a basis in fact. If concrete evidence of wrong-doing
were produced, the British Government should act promptly to deal
with the problem. But so long as allegations are unsubstantiated,
the British Government should continue to rebut them promptly
and decisively. (Paragraph 57)
(8) We believe that the message that
Gibraltar does comply with its EU obligations should be emphasised
by the United Kingdom Government to its EU partners. We further
recommend that the British Government request that the European
Commission, as part of its regular review of levels of compliance
in EU Member States, assess the compliance of Gibraltar with relevant
EU obligations and publish its findings. (Paragraph 62)
(9) We recommend that the British Government
should press the European Commission strongly for early action
and speedy resolution of the issues involving non-recognition
of driving licences, passports and identity cards. (Paragraph
66)
(10) We recommend that the Government
take all steps open to it under the Treaties to ensure that a
determination is made by the European Commission with no further
delay in the case of telephone operations. (Paragraph 67)
(11) We recommend that the British Government
take speedy and practical steps to ensure that Gibraltarian financial
and other interests are not adversely affected by the non-recognition
of Gibraltarian competent authorities. (Paragraph 71)
(12) We recommend that a clear message
be given to Spain that any attempt to block Gibraltarian entry
into Schengen runs counter to the letter and spirit of the Declaration
made at the time of the Amsterdam Treaty. (Paragraph 83)
(13) We recommend that the Government
make it clear that they will ensure that all British citizens
resident in Gibraltar will be able to vote in the 2004 European
Parliament elections. (Paragraph 92)
(14) Our general conclusion is that Gibraltar
has a right to be treated in the same way as any part of the United
Kingdom so far as the benefits of EU membership are concerned.
We recommend that the Government continue to press with determination
for the fullest protection of Gibraltarians' rights as citizens
of the EU. (Paragraph 93)
(15) We recommend that the Government
exert maximum pressure for the removal of all remaining restrictions
which apply to Gibraltar in the NATO context. (Paragraph 95)
(16) We recommend that the Royal Navy
should be tasked to support the Royal Gibraltar Police in their
duties of fisheries protection and the interdiction of smuggling.
(Paragraph 97)
(17) We believe that the Prime Minister
should consider meeting Gibraltar's Chief Minister, at least before
any bilateral meeting with the Spanish Prime Minister at which
Gibraltar is to be discussed. (Paragraph 104)
(18) As far as Parliament is concerned,
we believe that the Royal Commission at present considering the
future of the House of Lords might consider whether Gibraltar
should be represented in that House, and we shall draw this view
to the attention of the Commission. (Paragraph 104)
(19) The Committee believes that, while
the potential Spanish reaction to any constitutional change compatible
with the Treaty of Utrecht is a consideration which British and
Gibraltarian Governments will wish to bear in mind, there can
be no question of a Spanish veto on constitutional developments
in Gibraltar. (Paragraph 106)
(20) We recommend that Señor Matutes's
proposals be rejected, and that the Brussels Process be replaced
by a new phase in British/Spanish relations over Gibraltar. (Paragraph
119)
(21) We recommend a new process of regular
dialogue on those many other areas where agreement and co-operation
could yield substantial benefits to Gibraltarians and Spanish
people alike. (Paragraph 120)
(22) We recommend that the new process
of dialogue should put issues of sovereignty on hold, and concentrate
on exploring areas of co-operation. The full participation, on
the United Kingdom side, of the Government of Gibraltar would
be essential. (Paragraph 123)
(23) We conclude that there have been
occasions in the past when the British defence of Gibraltarian
interests has not been as robust as it should have been. Of all
our overseas territories, Gibraltar is in the unique position
of having to conform to almost all EU regulations and directives.
This means that the British Government have a special duty of
care towards Gibraltar in the European Union, and places extra
responsibilities upon United Kingdom Ministers to uphold the interests
of Gibraltar. We urge Her Majesty's Government both to recognise
and to act in full accordance with these responsibilities. (Paragraph
125)
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