Conclusions and recommendations
Historic background
1. The
difficulties the current Government faces are in part a legacy
of regrettable decisions made in 2001-02 to allow for joint sovereignty
discussions, which raised expectations on the Spanish side. Since
2004, the Government has sought to correct this by a consistent
message that no discussions will take place without the consent
of the people of Gibraltar. This is the correct approach, and
should be consistently re-affirmed. The 'double lock' has provided
Gibraltar with security following a difficult period; this guarantee
of self-determination should never be abandoned again. (Paragraph
12)
Suspension of diplomatic talks
2. Progress
on re-starting talks is long overdue. In response to this report,
the Government should set out the offer it has made to the Spanish
government and its strategy for overcoming the problems. The UK
Government should make clear to its international partners that
it is a change in Spanish government policy, rather than UK policy,that
has brought about the suspension of the much-needed talks. (Paragraph
21)
Illegal incursions into Gibraltarian
territorial waters
3. We
are deeply concerned by the cavalier approach taken by Spanish
vessels in their attempts to assert an illegitimate form of authority
in British Gibraltarian Territorial Waters. We consider that the
actions taken by the Government of Gibraltar in relation to the
fishing agreement and concrete reef do not justify the increase
in incursions, nor the hostile tactics of some of the vessels
that conduct them.We recommend a more robust approach in defending
British Gibraltarian Territorial Waters. In its response to this
report, the Government should set out the naval and police options
it has identified to this end; and those it intends to pursue.(Paragraph
30)
Border delays
4. In
its response to this report, the Government should state its position
on whether Gibraltar could join Schengen without the rest of the
UK, and how it will support the work of the recently-announced
consultation. (Paragraph 44)
5. We
are in no doubt that Spain's measures at the border in 2013 were
politically motivated and that it continues to use the border
as a coercive tool against Gibraltar. This is entirely unacceptable
behaviour by an EU partner and should not be tolerated by the
UK.(Paragraph 46)
6. The
Government should continue to pursue a stronger response by the
European Commission through consistent and sustained follow-up
in Brussels. The Government should also encourage further monitoring
inspections by the Commission with the minimum possible notice
given to both parties.(Paragraph 46)
International pressure
7. We
are particularly concerned by Spain's withdrawal from some aspects
of the Cordoba Agreement, representing a significant backward
step in relations with Gibraltar, and the UK. As Spain tries to
apply pressure via EU aviation legislation, the UK Government
should ensure that its EU partners are fully aware that Spain
has reneged on an agreement negotiated in good faith, under which
the UK has paid over £70 million to Spanish citizens. By
continuing to abide by its obligations under the Cordoba Agreement,
the UK Government has put itself in a strong position to give
weight to this argument. (Paragraph 51)
8. Spain's
claims on Gibraltar are undermined by its defence of its own overseas
territories in North Africa. The Spanish Government's arguments
about the constitutional differences between Ceuta and Melilla
and Gibraltar are unconvincing at best, and leave Spain open to
the charge of hypocrisy. (Paragraph 53)
Assessing the UK Government response
9. Spain
is a key partner for the UK both bilaterally and in the EU and
NATO. It is a testament to the importance that both states place
on the bilateral relationship that it remains strong despite our
differences. However, Spain should not be able to pursue aggressive
policies toward Gibraltar without consequences for its relationship
with London. (Paragraph 59)
Does Spain care more than the UK about
the Gibraltar dispute?
10. Ministerial
visits are an important display of support to the people of Gibraltar,
as well as a signal to Spain of the UK's continued commitment.
We recommend that, in the light of the difficult twelve months
that Gibraltar has experienced, the Government consider a high-level
visit to Gibraltar before the end of this year and we welcome
the fact that the Minister for Europe will be visiting shortly.
(Paragraph 65)
Diplomatic protests and summons
11. When
the UK delivers protests about maritime incursions three or four
weeks after the actual incident, it robs those protests of any
force they might have had and gives the impression of an official
simply 'going through the motions'.This might be acceptable at
a time of relative harmony, but during this period of heightened
pressure on Gibraltar, the Government should re-assess its internal
deadlines for delivering diplomatic protests. We recommend that
it put in place procedures under which all diplomatic protests
to Spain about Gibraltar are delivered within a maximum of seven
days.(Paragraph 71)
12. We
recommend that if the situation does not show signs of improvement,
the Government should re-assess its criteria for summoning the
Spanish Ambassador and should consider doing so more frequently
to reflect its ongoing concern about the unacceptable status quo.
(Paragraph 73)
Representation in the EU
13. The
failure to prevent British Gibraltarian Territorial Waters from
being designated a Site of Community Interest by Spain was a significant
mistake which has proven impossible to reverse. The FCO should
set out the action it has taken since this incident to ensure
that Government departments consider Gibraltar, and Overseas Territories
more generally, when representing the UK at EU level. (Paragraph
79)
14. The
Government should keep the option of using Article 259 to take
Spain to the European Court under review, pending the final results
of the Commission's investigation into the situation at the border.
If the situation at the border does not improve within the next
six months then the UK should make it clear that it intends to
begin legal proceedings against Spain under Article 259. (Paragraph
84)
Representation at the UN
15. The
Government should robustly oppose continued attempts by Spain
to use international institutions as a means of securing international
support for its case. We again urge the Government to take steps
to remove Gibraltar from the UN list of non-self-governing territories.
The Government should set out in its response to this report what
action it is taking in order to do this. (Paragraph 86)
Alternative means of applying diplomatic
pressure
16. The
Government should seek to identify areas of non-essential cooperation
and occasions on which British assistance would be helpful to
Spain (for example, Spain's bid for membership of the UN Security
Council) and make the UK's support dependent on improvements to
the situation in Gibraltar. (Paragraph 87)
Royal Navy and military presence
17. We
commend the Government's policy of choosing to use Gibraltar as
a stop off point for naval vessels in transit as a sensible and
effective measure. (Paragraph 89)
18. We
are disappointed that so little progress has been made in the
last 16 years toward lifting Spain's NATO reservation against
ships travelling between Spanish and Gibraltarian ports. The UK
should actively seek for Spain's NATO reservation on Gibraltar
to be overturned and set out in its response to this report how
it intends to do so. The Government should also set out any steps
it has taken to solicit support from other NATO partners who are
inconvenienced in operational matters by Spain's restriction on
Gibraltar.(Paragraph 94)
Conclusion
19. We
consider that the pressure currently being applied on Gibraltar
by Spain, through the imposition of delays at the border, unwarranted
maritime incursions, and diplomatic pressure in international
institutions amounts to a campaign of harassment and intimidation.(Paragraph
95)
20. The
UK Government has shown restraint in response to provocation by
Spain. It was right to do so: but the UK's approach of consistently
trying to de-escalate tensions in the face of mounting provocation
has also achieved little discernible effect, aside from giving
Gibraltarians the impression that not enough is being done.It
is now time for the UK Government, with the agreement of the Government
of Gibraltar, to think again about what measures can be taken
to discourage Spain from exerting pressure on Gibraltar. (Paragraph
97)
21. Finally,
while intensifying the diplomatic pressure, the Government should
make clear to the Spanish Government that there is much goodwill
between our peoples and a real desire on the part of the British
government to re-start dialogue.(Paragraph 99)
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