Gibraltar: Restrictions on Access (Hansard, 27 January 1983)

§ Lord Boyd-Carpenter
My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

§ The Minister of State, Foreign and Commonwealth Office (Lord Belstead)
My Lords, on 15th December the Spanish Government opened the border to crossings by certain categories of pedestrians. Apart from this relaxation, other restrictions on land and sea access imposed during the 1960s remain in force, as does the Spanish prohibited airspace, which affe[...]s access to the airport. The Government hope that the 1980 Lisbon Agreement, which envisages the lifting of restrictions on Gibraltar, will be implemented in the spring.

§ Lord Boyd-Carpenter
My Lords, I thank my noble friend for that reply. Can he tell me whether the latter part of it is or is not affected by the statement reported in The Times today, that the Spanish Foreign Minister has ruled out further discussions on the Gibraltar blockade unless the subject of sovereignty is on the table?

§ Lord Belstead
My Lords, when my right honourable friend the Foreign and Commonwealth Secretary met the new Spanish Foreign Minister in Brussels on 10th December, they reaffirmed their commitment to the Lisbon Agreement and agreed that officials should meet to discuss details with a view to implementation in the spring, and that is the situation as, we understand it.

§ Lord Gladwyn
My Lords, when they resume negotiations with the Spanish Government on the question of Gibraltar, would the Government be prepared, as they were with the Argentine, at least to discuss the question of sovereignty?

§ Lord Belstead
My Lords, Her Majesty's Government have noted the reports of remarks made by the Spanish Foreign Minister at a foreign correspondents' lunch in Madrid yesterday. In reply to the noble Lord, Lord Gladwyn, I would say that Spanish aspirations towards Gibraltar are well known, and they are of long standing. The Lisbon Agreement provides for each side to raise any subject it wishes. There are many things which we ourselves wish to raise—for example, practical co-operation, economic development and tourism—for when the agreement is implemented in the spring. But our commitment to honour the wishes of the people of Gibraltar is totally clear and is set out in the 1969 Gibraltar Constitution, and it is specifically referred to in the Lisbon Agreement.

§ Lord Merrivale
My Lords, bearing in mind the highly discriminatory nature of the partial opening of the border, can the Minister indicate the effect it is having upon the economy of Gibraltar and the various sectors of local trade? Furthermore, can the Minister say what steps Her Majesty's Government are taking so that there is no discrimination at the frontier between different nationalities?

§ Lord Belstead
My Lords, there is discrimination at the frontier at the moment. Of course, we have made it clear all along that, although any lifting of Spanish restrictions is a welcome step in the right direction, it is no substitute for the full removal of restrictions as envisaged in the Lisbon Agreement. It is difficult to say at the present time what effect this particular step has had so far on the Gibraltar economy.

§ Lord Cledwyn of Penrhos
My Lords, does the noble Lord's reply to the noble Lord, Lord Gladwyn, mean that the Government give the same weight to the paramountcy of the Gibraltarians' rights of self-determination as they have said they give to the paramountcy of the Falkland islanders' rights? In view of the profound implications of this matter in the light of recent events and in the light of what the noble Lord has said about the Lisbon Agreement, do the Government propose to have serious bilateral talks with Spain over the next few weeks?

§ Lord Belstead
My Lords, as regards the second part of the supplementary question asked by the noble Lord, Lord Cledwyn, it was agreed on 10th December that officials from the Spanish Government and from the British Government should meet to discuss details with a view to implementation of the Lisbon Agreement in the spring, and that intention goes ahead. I would not wish to make comparisons between any undertaking made to the people of Gibraltar and that made to any other people. Our commitment to honour the wishes of the people of Gibraltar is clear, and it stands on its own. I repeat, it is set out in the 1969 Gibraltar Constitution and it is specifically referred to in the bilateral agreement between Spain 368 and Britain, which was the undertaking to go ahead with the Lisbon Agreement.

§ Lord Kennet
My Lords, will the Government this time take care not to discuss doing anything which they do not intend to do?

§ Lord Belstead
My Lords, I am sorry, but I do not understand the force of the noble Lord's question.

§ Lord Kennet
My Lords, will the Government this time take care not to discuss doing anything—for instance, ceding sovereignty—which they do not intend to do?

§ Lord Belstead
My Lords, perhaps it would be best to answer the noble Lord's question by giving to the House a transcript of what Sr. Moran is reported to have said yesterday, as translated by the British Embassy in Madrid. I understand that the Foreign Minister said: No Spanish Foreign Minister could enter negotiations without putting forward the question of sovereignty". I understand that the Foreign Minister went on to say: This does not mean that negotiations cannot continue once we have put forward the question of sovereignty and the British side have noted that we have done so. The Foreign Minister then ended by saying: I don't believe a solution on Gibraltar will be immediate but of course I will take no steps that would weaken the Spanish claim to sovereignty over Gibraltar. It is bearing those words in mind that I have already said to your Lordships' House that, of course, Spanish aspirations towards Gibraltar are well known and of long standing, but the Lisbon Agreement provides for each side to raise any subject it wishes, and there are things that we would wish to raise. We bear in mind all the time that our commitment to the people of Gibraltar is clear and is contained in the Lisbon Agreement.

Lord Paget of Northampton
My Lords, is not the position of Gibraltar very different indeed from that of the Falkland Islands? It has a substantial, viable population; and it is not Spanish in language, by descent or by race. In its whole history it has spent only a very short interval under Spanish colonial rule. In those circumstances, like Andorra, to give an instance, why cannot one look to an independent Gibraltar under an international guarantee?

§ Lord Belstead
My Lords, I am sure that the noble Lord, Lord Paget, will not think me discourteous if I return to the original Question. The original Question was about access to Gibraltar by "land, sea and air respectively". We believe that these difficulties will be resolved by implementing the Lisbon Agreement. I have made clear the stance of the British Government as regards sovereignty on Gibraltar, which is contained in the Lisbon Agreement. Therefore, the Government look forward to the implementation of that agreement.

§ Lord Mottistone
My Lords, is my noble friend aware of what splendid answers he has been giving to very difficult questions?

§ Lord Merrivale
My Lords, I should like to ask my noble friend one final question on the matter of discrimination at the frontier. Could he please tell the House what is the present position for dependants of British service men serving in Gibraltar regarding the possibility of their crossing the border, for Moroccan and Portuguese residents in Gibraltar and for the many British passport holders living in Spain in the vicinity of Gibraltar?

§ Lord Belstead
My Lords, if you are a Spaniard or a Gibraltarian living either on the Rock or in the Campo area, or a British passport holder resident in Gibraltar, then so far as the Spanish authorities are concerned you can cross the border. So far as the Gibraltarian authorities are concerned, the border has always remained open.