Wendy Morton MP: speeches

Speeches

• 8 Jul 2026 · Draft UK-EU Agreement on Gibraltar · Hansard source

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  It is a pleasure to serve under your chairmanship, Sir John. I draw the House’s attention to my entry in the Register of Members’ Financial Interests: I visited Gibraltar as a guest of the Government of Gibraltar. I am very grateful to my hon. Friend the Member for Brigg and Immingham (Martin Vickers) for securing this important debate at a pivotal moment for Gibraltar. It is somewhat extraordinary that, although the provisional application of the UK-EU Gibraltar treaty is expected in a little more than a week’s time, Parliament has still not been afforded a meaningful opportunity to scrutinise an agreement of such significance. Let me begin by making one thing absolutely clear: we welcome the fact that a deal has been reached. Businesses in Gibraltar and across the UK, frontier workers, and British citizens travelling to Gibraltar need certainty. Above all, Gibraltar deserves certainty about its future. This agreement helps to provide that by giving businesses, residents and those who rely on the frontier a clearer framework for the future. I am also proud of the work undertaken by the previous Conservative Government. Those negations were never straightforward, as I know from personal experience. They sought to balance Gibraltar’s prosperity with the practical realities of the frontier, our constitutional responsibilities as a sovereign power and our unwavering commitment to Gibraltar remaining British for as long as the people of Gibraltar wish. Welcoming a treaty does not mean dispensing with scrutiny, however. On 23 April, the Government of Gibraltar confirmed that the treaty had received unanimous approval from all EU member states, and that provisional application is expected to begin on 15 July. We know, because the Government of Gibraltar have helpfully kept parliamentarians informed, that the treaty will be formally signed before then, although even now no date has been publicly confirmed. We also know that the final sections of the frontier fence will be removed on 15 July, allowing fluid movement across the land border for frontier workers, residents and visitors, before the treaty proceeds towards full ratification in the following months. Those are constitutional, economic and practical developments of huge significance, yet it has been the Government of Gibraltar, rather than His Majesty’s Government, who have kept Parliament involved as events have unfolded. That should concern every Member of this House, regardless of their party, because Ministers are accountable to this Parliament for United Kingdom treaty obligations. Since the agreement was announced, Members of both Houses have had to rely on urgent questions, oral questions and written parliamentary questions simply to establish the Government’s intentions. I know that the Minister is aware of that. When the draft treaty was published on 26 February, the Minister assured the House that the Government welcome scrutiny, but the answers that we have received have too often amounted to little more than references to previous statements or generic replies that fail to engage with the substance of the questions being asked. That is not meaningful scrutiny, and it is not how Parliament should be treated. The question before us is no longer whether there should be a treaty; it is whether Parliament will be permitted to scrutinise it properly before it takes effect. The Government have repeatedly said that they are committed to transparency and respect for Parliament. If that commitment means anything, it must surely apply to a treaty of this constitutional significance. We are now only days away from provisional application, and fundamental questions remain unanswered. Parliament still does not know when the treaty will be signed, when it will be laid before Parliament under the Constitutional Reform and Governance Act 2010, whether elements of the agreement will begin operating before Parliament has completed its scrutiny, and what opportunities Members will have to debate it further. These are not procedural technicalities. The CRaG exists because Parliament recognised that international treaties should be subject to democratic scrutiny before they bind the UK. If substantial parts of the treaty are allowed to take effect before Parliament has had a meaningful opportunity to consider it, many will understandably question what practical value that scrutiny is intended to have. For those reasons, I hope the Minister will answer some straightforward questions today. Will the Government commit to providing time for a full, substantive debate on the treaty in both Houses before provisional application begins? When precisely do Ministers intend to lay the treaty before Parliament under CRaG? What assessment have the Government made of the constitutional implications of allowing provisional application before Parliament has completed its scrutiny under that Act? Do Ministers genuinely believe that the standard 21-day scrutiny period is sufficient for an agreement of this constitutional, economic and strategic importance? I believe those are reasonable questions that parliamentarians should not have to drag out of the Government. This debate is about more than process. As we have heard, companies involved in cross-border trade need certainty and clarity about customs arrangements, regulatory compliance and border procedures. Ministers have spoken about the opportunities the agreement presents, but opportunities must be matched by preparedness. Businesses cannot prepare for new arrangements if Government guidance does not arrive until implementation is already under way, and Parliament cannot properly represent those affected if Ministers do not provide the information necessary for proper scrutiny. The Government should therefore answer some practical questions today. Can the Minister explain in clear terms whether any new checks, controls or administrative procedures will govern the movement of British troops or military equipment to and from the military base? Given Gibraltar’s strategic importance, Members will rightly wish to understand exactly what arrangements are envisaged. Will the Government set out the precise process by which British goods will enter Gibraltar under the new arrangements, whether by land, sea or air, and explain how they differ from the arrangements that businesses operate under today? What engagement have the Government had, both before and since the treaty was announced, with British businesses that export or import goods into Gibraltar? What assessment have Ministers made of the readiness of those businesses for implementation, and what support is being provided? The Government have spoken confidently about the benefits of closer co-operation with Spain, but what contingency plans are in place should Spain seek to create difficulties or exert pressure once the frontier fence has been removed? Gibraltar’s scrutiny and prosperity should never depend on good will alone. The Minister should also explain the rationale behind the governance arrangements for Gibraltar airport in the treaty, including the proposed operating structure, and why Ministers believe those arrangements are in Gibraltar’s long-term interests. What discussions have His Majesty’s Government had with the Government of Gibraltar regarding the parliamentary lock that the Gibraltar Parliament has indicated it wishes to have over implementation of the treaty? How do Ministers intend to respect Gibraltar’s democratic institutions as the agreement process progresses? I would like to place on the record my appreciation for a significant recent development. The Government of Gibraltar have announced that Gibraltar has been removed from Spain’s list of non-co-operative jurisdictions, bringing to an end a designation that had remained in place since 1991. That is undoubtedly welcome news, and it represents another positive step in strengthening Gibraltar’s international standing. Once again, however, many Members first learned of that through media reports rather than from the Government. Gibraltar occupies a unique constitutional position, and the UK retains responsibility for its external relations. It is therefore entirely reasonable for Parliament to expect timely information from our Government on developments of such significance. No one in this House wishes to see unnecessary delay or to undermine the progress that has been made. However, supporting Gibraltar and scrutinising the Government are not competing objectives; they are complementary responsibilities. I hope the Minister will use this debate not simply to repeat previous statements, but to provide the timetable for scrutiny that Parliament has been seeking for many months. Please tell us, Minister, when the treaty will be signed, when it will be laid before Parliament, what opportunities Members will have to debate and vote on it and why the Government believe that Parliament should be expected to scrutinise a treaty only after key parts of it have already begun to take effect. Again, I am grateful to my hon. Friend the Member for Brigg and Immingham for securing this important debate, which has provided an opportunity to discuss the treaty. But as I have set out, this debate should not take the place of the vital, detailed scrutiny of the treaty that this place deserves. I await the Government’s setting out the detail; now is the Minister’s opportunity to do so. If the Government are confident that the treaty commands support, they should be confident enough to subject it to full parliamentary scrutiny before its provisions take effect.