Gibraltar deal will ‘erode UK sovereignty to point of meaninglessness’, Cameron warned

Foreign Secretary Lord Cameron with Chief Minister of Gibraltar Fabian Picardo

Lord Cameron has been warned that his planned Gibraltar Brexit deal would “erode UK sovereignty to the point of meaninglessness”.

The Foreign Secretary has been accused by the Commons European scrutiny committee of “allowing the pendulum to swing too far in the direction of the EU” in his negotiations over the post-Brexit future of the territory.

They said they were worried that the Government was “prepared to concede an arrangement” that would leave Gibraltar’s frontier British in name only.

In a letter to David Rutley, the UK minister for Gibraltar, the MPs called for negotiations to be halted until the Commons agreed a deal that would help retain the Rock’s sovereignty.

For months, discussions have been going on between the EU and Britain over the way Gibraltar’s border with Spain will be managed now Brexit has been finalised.

Lord Cameron has been accused of trading sovereignty for business opportunities in the talks over Gibraltar – Benjamin Cremel/Pool via Reuters

The Foreign Secretary met Fabian Picardo, the chief minister of Gibraltar, in Brussels last month – Kirsty O’Connor/FCDO

It is believed a deal is close, but MPs on the committee expressed concern when, earlier this month, Mr Rutley appeared before them and admitted that European judges would be able to rule on disputes involving Gibraltar under the Brexit deal.

The minister said the terms of the pact would mean Gibraltar had to follow some EU rules in return for a more open border with Spain.

But Sir Bill Cash, the chairman of the committee, said he and the other members were concerned that Lord Cameron was trading away sovereignty in return for business opportunities.

The letter, signed by Sir Bill, said the MPs had “serious concerns regarding the conduct and progress of the UK Government’s negotiations with the European Union in respect of a trade and border deal for Gibraltar”.

“A deal must not be pursued irrespective of the cost,” it said. “Rather than being assured that you are pursuing a deal that strikes this balance and, most importantly, respects UK sovereignty, we are concerned that you are allowing the pendulum to swing too far in the direction of the EU.

“I will be frank. Your evidence on the border, alignment with the Schengen acquis, and the airport speaks to a serious diminution of UK sovereignty.

“We ask that you consider these points carefully and do not continue along a track that is deleterious to the UK’s vital national interests, the people and businesses of Gibraltar, and the overseas territories more generally.”

The airport on Gibraltar is a key area of concern for the MPs – Oliver J Davis Photography

The MPs said they were concerned about plans to move the Schengen border – the border at which the EU’s free movement rules operate – to the airport, allowing European Frontex border guards to deal with travellers from Britain or Gibraltar.

“If agreed as you outlined to us, allowing current Schengen checks to be administered by Frontex border guards at the airport would erode UK sovereignty to the point of meaninglessness,” the letter said.

“The practical implications of this are seismic. You were unable to reassure us that UK nationals and Gibraltarians, wishing only to enter Gibraltar, would not have to undergo Schengen checks.”

Sir Bill also expressed anger that the future of Gibraltar airport was being discussed as part of the negotiations, saying: “Any role for Spain in the management of the airport or change to its status, no matter how seemingly small or innocuous, must be ruled out.

“The airport and the isthmus on which it sits are of significant strategic importance, and their future cannot be risked for an air service agreement for a handful of commercial flights per year to EU member states.”

The letter concluded: “We advise you and your officials to stop and take stock after last week’s evidence session and come back to us with clear red lines on the UK Government’s Gibraltar negotiations.

“Serious consideration should be given to pausing negotiations so that the opinions of all interlocutors can be canvassed, including members of this committee and the House.”

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