Britons could be stopped from entering Gibraltar by Spanish police, Lammy admits
Spanish border guards will be able to stop Britons entering Gibraltar because of the new Brexit deal for the Rock, the Government has admitted.
Fabian Picardo, Gibraltar's chief minister, furiously denied surrendering any sovereignty to Spain or the EU after The Telegraph reported details of the deal on Wednesday.
But David Lammy, the Foreign Secretary, was forced to concede in the House of Commons on Thursday that Spanish guards working for the European Union would have control over who entered Gibraltar.
Under questioning, Mr Lammy told MPs that a British person stopped by Spanish guards at Gibraltar airport would have a choice: they could either voluntarily go over to Spain for questioning, or be returned to the Gibraltarian authorities and return to the UK.
'It is clear from the Foreign Secretary's answer that Spanish border officials can prevent a UK citizen from entering one part of the UK from another part of the UK,' Richard Tice, the Reform UK deputy leader, said.
'This appears to be a significant sovereignty compromise,' he told The Telegraph.
The deal ensures Gibraltar's border with Spain remains open after Brexit, and means the 15,000 people who cross it every day will not have to have their passports stamped.
Border checks will be moved to Gibraltar's nearby airport after the Rock effectively becomes part of the EU's Schengen zone of passport-free movement.
People flying into Gibraltar from the UK will face one check from Gibraltarian officials and another by the Spanish on behalf of the EU.
Mr Lammy said: 'For those arriving by air into Gibraltar's airport, there will be a dual border control check, in a model similar to French police operating in London St Pancras station.'
Dame Harriett Baldwin, a former Conservative minister, asked: 'Can a British citizen flying from the UK to Gibraltar now be stopped by a Spanish official as they land?'
Mr Lammy replied: 'There will be a second line queue, as there is in St Pancras, and there will be Spanish border guards and police situated in that second line.
'And of course, if there was an alert, then at that point, not on their own, but at that point, there would be a hand-back facility with the Gibraltar police, so they are working alongside that Spanish team.
'And if there was an alert, then the individual would have a right to legal advice. They would either be able to return to their country of origin, let's say the UK, or they would be able to voluntarily go over to Spain to face the questions they are facing.'
Mr Tice asked whether Spanish border officials 'have an effective veto on the entry of a British citizen from the United Kingdom landing on British sovereign territory in Gibraltar'.
Mr Lammy said if Mr Tice flew to Gibraltar and there was an alert in the Schengen system, 'he would be handed back to the Gibraltarians, where he might feel more comfortable' before returning to the UK.
'No doubt the Spanish would seek to extradite him, and many in this House would be rather pleased,' he added.
Mr Lammy said he had insisted on a 'sovereignty clause' in the treaty and added that immigration, policing and justice remained the responsibilities of Gibraltar's authorities.
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