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Gibraltar Treaty
26 February 2026
Lead MP
Stephen Doughty
Debate Type
Ministerial Statement
Tags
Migrants & BordersTaxationBrexitForeign Affairs
Other Contributors: 15
At a Glance
Stephen Doughty raised concerns about gibraltar treaty in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
The Minister, Stephen Doughty, announces the publication of a draft UK-EU treaty for Gibraltar. The treaty aims to provide security, prosperity, and stability for Gibraltar while protecting British sovereignty over the Rock. After five years of negotiations involving multiple parties including the United Kingdom, Gibraltar, Spain, and the European Union, the treaty removes checks on people and goods at the land border between Spain and Gibraltar, introduces dual immigration checks at Gibraltar's airport, ensures Gibraltar aligns its import duty rates with EU rates without applying VAT or sales tax, maintains sovereignty over military facilities and operations, and establishes a bespoke customs model. The treaty also includes provisions to strengthen cross-border co-operation, protect Gibraltar’s economy and way of life, and ensure businesses can plan and invest with confidence.
Wendy Morton
Con
Aldridge-Brownhills
Question
I am grateful to the Minister for bringing this statement to the House and for allowing me to have advance sight of it, but let me be clear: Parliament is reacting to events, rather than being respected as part of the process. For weeks, detailed provisions of the treaty have circulated in the press before Members of this place have been permitted to see any legal text. That is not how serious constitutional business should be conducted. Now that we have the text, proper scrutiny must follow in this place and in Gibraltar. As we have consistently said, this must be a deal that the Government, the Parliament and, above all, the people of Gibraltar are comfortable with. It is right that the democratically elected Government of Gibraltar have led negotiations and prioritised a free-flowing border, but trade-offs come with that, and it is our duty to examine them carefully.
Minister reply
I thank the shadow Minister for her questions. I have to say that I have been rather disappointed by the tone today, and indeed the tone taken in the media over the last few days on these issues, not least as I provided a very full briefing to the shadow Foreign Secretary in advance. The idea that we have not been communicating about this treaty is simply not correct. In a spirit of generosity, I am happy to offer further briefings for the shadow Minister and the shadow Foreign Secretary in order to go through any detail in the treaty they would like. There is nothing to hide. We welcome their scrutiny, and we welcome the scrutiny of this House.
Wendy Morton
Con
Aldridge-Brownhills
Question
The shadow Minister asked about sovereignty and about recourse and dispute mechanisms. First, I need to make it absolutely clear that sovereignty was never on the table in these negotiations. It is not in doubt. That is an absolute, and this agreement safeguards that. There is a range of recourse and dispute resolution mechanisms attached to the treaty. She is welcome to go through those; I am happy to explain them in more detail. We have very much kept to the double lock, which we set out at the start of the process.
Minister reply
The shadow Minister asked about the timeline. Of course, there is a process in this place, but there are also processes in the EU. We are committed to that and to laying the finalised text after signature of the treaty, which we expect to take place next month. Of course, it will then go through the appropriate processes in relation to CRaG.
Wendy Morton
Con
Aldridge-Brownhills
Question
The shadow Minister asked about the 90-day rule. British citizens are not free at the moment just to turn up in Gibraltar without going through immigration checks; they are already subject to a 12-week Schengen limit. That is important to clarify, because there seem to have been some misunderstandings of that in relation to all our overseas territories recently. There is not an automatic right, and Gibraltar of course maintains its own border controls.
Minister reply
The shadow Minister asked about customs. Gibraltar is not joining the customs union, but it is entering into a bespoke customs arrangement with the EU to ensure, crucially, the fluidity of goods. It has chosen to enter into those arrangements, and it is obviously for it to decide what alignment it needs for that. Again, I think that reflects a wider challenge: the Opposition would rather stick with the ideology of the Brexit years than make pragmatic arrangements that deliver for the people of Gibraltar or indeed the people of this country.
Wendy Morton
Con
Aldridge-Brownhills
Question
The shadow Minister asked about the ECJ. I am happy to speak to her further about that. There is full detail in the treaty. She asked about the ECHR. Of course, we comply with the ECHR, as does Gibraltar and, indeed, Spain and the EU. We do not shy away from that, notwithstanding the reforms that we are seeking in the wider debates going on outside this place.
Minister reply
The shadow Minister asked for an absolute assurance about our military activities at Gibraltar. I can absolutely assure her that nothing, either now or in the future, will fetter our ability to operate unimpeded in the way that we, and indeed our allies, have done from the base. That was an absolute condition that we set.
Amanda Martin
Lab
Portsmouth North
Question
As the Member of Parliament for Portsmouth North and the chair of the all-party parliamentary group on Gibraltar, I welcome this statement and place on record my strong support for the ratification of the treaty. This agreement represents a practical, well balanced and forward-looking settlement for Gibraltar, the United Kingdom and our European partners. Crucially, the deal has the clear backing of the Government and the people of Gibraltar, and that point should carry significant weight across this House.
Minister reply
I thank my hon. Friend, who speaks with eloquence and expertise on these issues as chair of the all-party parliamentary group on Gibraltar. She is a staunch defender of the people of Gibraltar, and of their rights, sovereignty and future prosperity.
Calum Miller
Lib Dem
Bicester and Woodstock
Question
The Liberal Democrat spokesperson inquires about the draft deal's sovereignty provisions, self-determination of Gibraltarians, and economic benefits. He raises concerns over unilateral action by Spain and asks for impact assessments on job creation and economic growth.
Minister reply
Minister assures that the deal protects Gibraltar’s sovereignty and includes dispute resolution mechanisms and termination clauses. He confirms Gibraltarian Government's lead in negotiations and their support for the agreement. The treaty supports jobs, tourism, and growth by facilitating free movement of goods and services.
Tim Roca
Lab
Macclesfield
Question
Honourable Member congratulates the Government on the new relationship with Spain that provides safeguards for Gibraltar's sovereignty while creating economic opportunities. He thanks the Minister for his work in rejuvenating relations and mentions a visit to Gibraltar.
Minister reply
Minister agrees that trust and respect have led to an era of cooperation in prosperity, security, and other areas without compromising principles.
David Reed
Con
Exmouth and Exeter East
Question
Former Royal Marine asks about the agreement's impact on UK military operations in Gibraltar, particularly regarding defence equipment and dual-use technologies. He enquires if there was consultation with armed forces leadership.
Minister reply
Minister assures that nothing in the treaty fetters UK military operations and expresses pride in Gibraltar’s history. He offers to discuss specifics privately.
Kevin Bonavia
Lab
Stevenage
Question
Honourable Member welcomes the treaty, appreciates assurances on military operations, and enquires about improvements for travel and tourism, particularly regarding flights between Gibraltar and EU member states.
Minister reply
Minister assures end to border queues and facilitates commercial flights between Gibraltar and EU countries, enhancing Gibraltar’s status as a tourist destination.
Alec Shelbrooke
Con
Wetherby and Easingwold
Question
Honourable Member inquires about dispute resolution processes regarding criminal activities at sea and asks for details on co-operation between Spanish and Gibraltarian law enforcement.
Minister reply
Minister confirms that the agreement strengthens maritime domain cooperation, ensuring continued responsibility of Royal Gibraltar police for safety and security.
Tessa Munt
Lib Dem
Wells and Mendip Hills
Question
Honourable Member welcomes the statement and asks about the role of Parliaments in ongoing oversight and scrutiny, specifically requesting votes in UK Parliament and Gibraltarian Parliament.
Minister reply
Minister confirms that treaty will go through Constitutional Reform and Governance Act process in UK Parliament, ensuring full scrutiny.
Ashley Fox
Con
Bridgwater
Question
I was honoured to represent Gibraltar during my 10 years as a Member of the European Parliament, so I know how important their British identity is to our fellow citizens living there. I am pleased that the treaty was negotiated with and agreed by His Majesty’s Government of Gibraltar, but can the Minister confirm that Gibraltar’s Parliament will have the opportunity to scrutinise the treaty and that we will have the opportunity to know that Parliament’s views before we vote in this House?
Minister reply
It is my understanding that there will be a scrutiny process in the Gibraltar Parliament, although ultimately that is a matter for that Parliament. We have worked closely with His Majesty’s Government of Gibraltar at every stage of the process and I understand that the Chief Minister has been making statements today. The hon. Gentleman should be assured that we engage across the political spectrum there.
Jim Shannon
DUP
Strangford
Question
I thank the Minister for his statement and for his strong words. I am reminded of a wee saying that my mother used to use when I was young: once bitten, twice shy. With that in mind, I must ask the Minister a question. As a nation, Northern Ireland finds itself a slave to European diktats, with our state aid hampered, our trade disrupted and our democratic rights to representation withheld. Will the cold hand of EU back-door unification come first before the Gibraltarian people? Their sovereignty must be able to stand against any EU aggression.
Minister reply
I can assure him that we were not willing to enter into an agreement that the Government of Gibraltar were not content with. They are fully supportive of this agreement, which we think will be good for jobs and business in Gibraltar, good for the people of Gibraltar and indeed good for the prosperity of the whole region.
Lincoln Jopp
Con
Spelthorne
Question
I thank the Minister for his statement. Will he reassure the House that the team who have negotiated the draft treaty that he has brought before us today have had nothing to do with the team that negotiated the disastrous Chagos deal?
Minister reply
This is an agreement that is good for Gibraltar and it has been agreed by the Government of Gibraltar, and we have worked closely with the EU to ensure that it works for the prosperity and security of the people of Gibraltar. It is hugely unhelpful to draw false comparisons between Chagos and other territories; indeed, the Chief Minister of Gibraltar has specifically cautioned against doing so.
Shadow Comment
Wendy Morton
Shadow Comment
The Shadow Minister, Wendy Morton, critiques the process leading to the publication of the treaty, emphasising the importance of proper scrutiny by Parliament. She raises concerns about sovereignty, practical and constitutional issues related to border control powers and customs arrangements, dynamic alignment with EU laws, implications of future ECJ rulings, adherence to the European Convention on Human Rights, national security concerning Gibraltar's naval base, and procedural matters such as CRaG process timing and meaningful parliamentary scrutiny.
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