Gibraltar not joining Schengen free travel area under deal with EU, says Lammy

Independent

21 hours ago

David Lammy has urged MPs not to believe the 'fake news' surrounding the UK's deal with the EU over Gibraltar's border with Spain.
The prospect of Gibraltar 'joining' the European Schengen free travel area was 'never on the table', the Foreign Secretary told the Commons.
The agreement on a 'fluid border' will allow travellers to cross by land without checks. Those flying into Gibraltar from the UK will face one check from Gibraltarian officials and another by the Spanish on behalf of the EU.
In a statement on the agreement, Mr Lammy said: 'Residents of Gibraltar and residents of nearby Spanish communities will be able to go about their daily lives as they have done before.
'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.
'Ignore the fake news, Gibraltar will not be joining Schengen. This was never on the table. Immigration, policing and justice in Gibraltar will remain the responsibilities of Gibraltar's authorities.
'For products entering Gibraltar across its land border, there will be a unique goods and customs model, avoiding the need for onerous checks at the border.
'And with this pragmatic solution, flights will be able to operate from Gibraltar airport to across Europe, driving growth and jobs for the people of Gibraltar.
'This Government is showing that a pragmatic, positive relationship with the European Union pays off for the British public.'
The move could also see airlines start to add flights to Gibraltar from countries other than the UK in a boost to tourism.
Officials say a hard border would have been introduced under the EU's incoming exit and entry control system if no deal was reached, causing delays for some 15,000 people who cross the border every day as every individual passport was checked.
Talks on rules governing the border have been ongoing since Britain left the European Union in 2020.
Conservative former minister Dame Harriett Baldwin 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 be 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.'
Deputy leader of Reform UK Richard Tice pressed the minister on 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'.
'He will be able to access his rights and the legal system that he says he feels comfortable with, which is ours, and he would be able to return to the United Kingdom, where no doubt the Spanish would seek to extradite him, and many in this House would be rather pleased,' he said.
Shadow foreign secretary Dame Priti Patel urged the Government to 'safeguard our defence and interest' and maintain operations of the UK's military facilities.
Gibraltar's airport is run by the Ministry of Defence and hosts an RAF base. The overseas territory also has an important naval facility.
Dame Priti said: 'Can he confirm that nothing will be agreed that infringes on our ability to operate the base? And will members of our armed forces be able to access Gibraltar without needing Schengen checks?'
She continued: 'Our principles have been that nothing compromises or infringes on the sovereignty and constitutional arrangements of Gibraltar, it is to remain British.'
Mr Lammy said he had insisted on a 'sovereignty clause' in the treaty, after both the UK and Gibraltar governments insisted the changes would not affect the British overseas territory's sovereignty.
He added: 'On the military base, it will continue to operate as it does today. There will be zero change. It's vital for UK national security, it's protected by this agreement, and that was a red line for us throughout these negotiations.'
Gibraltar was ceded to the UK by Spain in 1713 and the population is heavily in favour of remaining a British overseas territory.
The last time it voted on a proposal to share sovereignty with Spain, in 2002, almost 99% of Gibraltarians rejected the move.