The Earl of Dundonaldasked Her Majesty's Government:
What progress has been made towards the adoption of the Schengen Agreement across the European Union with regard to border controls; and [HL1761]
Whether they have held discussions with their European Union counterparts over the adoption of the Schengen Agreement across the European Union; and [HL1762]
78WAWhat effect the adoption of the Schengen Agreement across the European Union with regard to border controls will have on the resolution of the frontier dispute between Spain and Gibraltar. [HL1763]
§ Lord Williams of MostynThirteen of the fifteen member states of the European Union are now members of the Schengen arrangements. The Schengenacquis (the agreements and the rules adopted on the basis of them) will be incorporated into the framework of the European Union by the Schengen Protocol to the Treaty of Amsterdam, which it is expected will come into force on 1 May 1999. The Home Secretary announced to the Justice and Home Affairs Council on 12 March that the United Kingdom intends to seek to participate in those elements of the Schengen acquis which do not conflict with the maintenance of our frontier controls.
The United Kingdom has been fully involved in all discussions on the integration of the Schengen acquis into the European Union Treaty structures. The Government will discuss the precise terms of our participation with our European Union partners. The Government expect that Gibraltar's participation in the integrated Schengen acquis will be along similar lines to the United Kingdom. The Government believe that the United Kingdom's intended participation in Schengen will be seen as an indication of our positive approach to Europe and will serve to improve European Union co-operation generally.
Spain will acquire no extra powers or responsibilities when the Treaty of Amsterdam comes into force so far as the border between Spain and Gibraltar is concerned. The United Kingdom's frontiers protocol will confirm the right of the United Kingdom and Gibraltar to maintain frontier controls on persons seeking entry from other member states; it will also confirm the reciprocal right of other member states, including Spain, to maintain frontier controls on persons seeking entry from the United Kingdom and Gibraltar. In each case such controls must be exercised in a proportionate manner and for clearly defined purposes only. These purposes are specified in the protocol: in the case of persons exercising rights conferred by Community law, it is to verify their right to enter; and in the case of other persons, it is to determine whether or not to grant them permission to enter.