UK–EU Treaty on Gibraltar - Speech by The Hon Gemma Arias-Vasquez MP – 4th March 2026 - 138/2026

Madam Speaker,

I am honoured to rise, as a member of the Government, to speak on this historic and seminal motion.

At its core, this debate is about who we are as a people and the next step in our evolution.

Madam Speaker, before I turn to the substance of the treaty, I want to talk about identity.

Identity is personal.
Identity is something you carry with you.
Identity is what defines you.

I am very conscious of who I am.

I am conscious that I am NOT English.
I am conscious that I am NOT Spanish.

I am GIBRALTARIAN.

And that identity is not created by a fence.

It is not sustained by any sort of physical barrier.

It is rooted in culture, in history, in language, in family and in our collective shared experience as a community.

It is a shared consciousness inculcated in me through my experience growing up.

The Spanish, Madam Speaker, do not need a hard border between Spain and Portugal to feel Spanish.

The French do not need a physical barrier between France and Spain to feel French.

Identity is not manufactured by infrastructure.

It is lived and it is instinctive.

And I say that at the outset, Madam Speaker, because some have suggested that removing physical checks at the land frontier somehow weakens who we are.

I fundamentally REJECT that argument.

I for one will not feel less British and certainly not less Gibraltarian.

Our identity has NEVER depended on a frontier queue.

It has NEVER depended on a physical border.

It has depended on who we are as a people.

Madam Speaker, Gibraltar is uniquely placed.

We are British.

EXCLUSIVELY British.

But we are NOT English. And we are NOT Spanish. We are Gibraltarian.

And that is not diluted by cooperation.

And it is certainly not defined by a physical border.

Now, I also want to address carefully the question of controls under this Agreement.

Under this framework, Gibraltar will participate in the Schengen area for the purposes of fluidity of movement.

Schengen rules require that entry and exit checks are carried out by a Schengen Member State.

That is a requirement of the Schengen system.

It is not a political concession.

It is not a surrender of sovereignty.

It is how the legal architecture of Schengen operates.

So to my mind, Madam Speaker, this is not dilution.

THIS IS EVOLUTION.

This is the next phase of what it means to be Gibraltarian in 2026.

Confident enough in our British sovereignty that we do not need a barrier to prove it.

Secure enough in our identity that we can engage with our neighbours without fear.

Mature enough as a people to know that who we are is defined by our character, not by a physical border.

Wanting to participate in a club that has certain rules, to which we now have to adhere; in order to be participants.

And so, Madam Speaker, this treaty is about CERTAINTY.

Certainty for our economy.

Certainty for our businesses.

Certainty for our workers.

Certainty for the next generation who deserve stability, not doubt.

Since 2016, uncertainty has been the single greatest risk facing Gibraltar.

We have had uncertainty about mobility.

Uncertainty about trade.

Uncertainty about how our economic model would function outside the European Union.

And uncertainty has a cost.

Today, we are debating the framework that replaces that uncertainty with structure.

Madam Speaker, before I ever stood up in this House as a Minister, I went around Gibraltar in 2016 leading our Stronger IN Europe campaign.

I believed then, and I believe now, that Gibraltar's prosperity depends on cooperation with our neighbours and fluidity at the border.

I remember speaking to small business owners worried about supply chains.

To young professionals worried about opportunity.

To families worried about what the future might look like.

And I remember the result.

Ninety-six percent.

Ninety-six percent of Gibraltar voted to remain in the European Union.

But, I must say, Madam Speaker, on the morning of the 24th June 2016, when the UK-wide result became clear, I did not believe we would one day be debating a Treaty that restores structured fluidity with Europe while safeguarding our EXCLUSIVELY British sovereignty.

It felt like the door had closed.

And in 2017, a year after the referendum, in an interview I gave to El País, I described that day, the 24th June 2016, as "como un día de entierro" -like a day of mourning.

Because that was the atmosphere in Gibraltar.

Main Street felt different.

People were quieter.

There was genuine anxiety, particularly among the thousands of workers who cross the frontier daily and form part of our workforce.

Particularly from businesses.

But I also said something else in that interview.

I said Gibraltar has always reinvented itself.

That within hours of the result, one of my clients at the time called me and said:

"Now is when we invest in Gibraltar."

And I said he was right.

Because this community does not collapse in the face of adversity.

We adapt.

We innovate.

We grow.

Today, that reinvention is no longer instinct.

It is negotiated.

That reinvention, Madam Speaker, is this very Treaty.

Madam Speaker, I have said this before but it is worth repeating for the record of this House.

For the Chief Minister of Gibraltar to sit repeatedly at the negotiating table with the Foreign Secretary of the United Kingdom, the Spanish Foreign Minister and the most senior officials at the European Commission is extraordinary.

For a jurisdiction of 38,000 people, that is NOT routine diplomacy.

That is influence which has been EARNED.

Together with the Deputy Chief Minister, Fabian Picardo has led this negotiation with a huge about of stamina.

Madam Speaker, to say he has given up EVERTHING to deliver on this Treaty doesn't quite cut it.

Our Attorney General, Michael Llamas, has ensured every safeguard is legally watertight.

And Daniel D'Amato has been central to the technical drafting and architecture of this Agreement.

Madam Speaker, on the fundamentals.

Sovereignty.

Jurisdiction.

Control.

Article 2 is unequivocal.

It is so, unequivocal, Madam Speaker, that it is worth reading it out in full

It is titled "SOVEREIGNTY"

And it reads as follows:

"This Agreement, any supplementing agreements as referred to in Article 3, any administrative arrangements or other arrangements related to this Agreement, and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty including in legal proceedings or otherwise."

Madam Speaker, the Treaty and any measures under it are without prejudice to the legal positions of the United Kingdom and Spain.

WITHOUT PREJUDICE.

It could NOT be clearer.

This is cooperation WITHOUT concession.

Engagement WITHOUT erosion.

Our sovereignty remains EXCLUSIVELY British.

Our constitutional status does NOT change.

Our red lines have NOT moved.

They were defended.

And they have SUCCESSFULLY been protected.

Madam Speaker, without this Agreement, the full Schengen Border Code and Entry Exit System would apply at our land frontier.

This is NOT the status quo.

That would mean systematic checks, biometric registration and VERY, VERY long queues.

Madam Speaker, let us be realistic about what that would actually look like in practice.

We have all seen the situation at Malaga airport. Queues forming with just 250 passengers boarding a single flight.

We have seen how quickly processing times escalate and how rapidly frustration builds.

Now imagine that scenario not with 250 passengers, but with 15,000 frontier workers crossing into Gibraltar every single day. And add to that tourists.

We experienced a version of that for just one day and it was chaos.

Absolute chaos.

There were delays everywhere.

Workers could not get to work on time.

Services were disrupted.

And the backlash was immediate and widespread.

Madam Speaker, if that became the daily norm, the economic consequences would be profound, but so too would the human consequences.

Carers would not turn up on time.

Domiciliary Care visits would be missed.

Businesses would open short-staffed or not be able to open at all.

And confidence in Gibraltar would erode.

We have already seen a glimpse of it.

And it is precisely that scenario that this Treaty avoids.

And delays, Madam Speaker, costs money.

It costs productivity.

It discourages investment.

It undermines confidence.

Madam Speaker, we are speaking here about investment, but there is also the human cost.

Madam Speaker, month after month I stand here, answering questions about domiciliary care - about delays, missed sessions of our carers and carers arriving late.

Madam Speaker, 85% of those workers are cross frontier workers.

We understand the ECONOMIC consequences and we understand the HUMAN consequences of the lack of fluidity at the frontier.

This Treaty avoids that by removing all physical checks at the land border

Madam Speaker, I want to turn now to address the impact of the treaty on businesses.

As Minister for Business, I want to be very clear with the House and with those listening.

This Treaty is an economic infrastructure.

It PROTECTS frontier workers who underpin our economy.

It ABOLISHES import duties.

It introduces a structured Transaction Tax.

It maintains Gibraltar's VAT-free status.

It establishes a customs framework that avoids a hard border.

Because Madam Speaker, mobility drives productivity.

And productivity drives growth.

And growth drives revenue.

And revenue funds our healthcare, our education and our public services.

That is the economic chain.

And this Treaty strengthens it.

For financial services.

For gaming.

For maritime.

For tourism.

For the businesses on Main Street.

Certainty is competitive advantage.

And this Treaty restores certainty.

Now, I fully agree with the business community that the transition period is very short.

We would all have preferred longer.

Businesses will need to adapt.

There will be operational adjustments.

But businesses will not face this alone.

We are already engaging with them.

We are issuing guidance and technical notices

We are holding technical briefings, just yesterday we held ANOTHER Town Hall for our retail and wholesale sectors.

We are coordinating with Customs and relevant departments.

We are looking at different ways to ensure a level playing field for business and enhance enforcement to prevent illegal labour in Gibraltar.

The Government has progressed the procurement and management of comprehensive CCTV hardware and software.

There will be over 50 security cameras from Landport Tunnel through casemates via main street to Trafalgar cemetery.

All cameras will be securely integrated via controlled feeds to the RGP control room.

We will also commence a programme of beautification of Casemates, Main Street and Chatham.

Madam Speaker,

This Treaty gives us a platform.

And it is up to us how we use it.

Together with Minister Feetham, we will shortly begin to travel to key financial and commercial centres.

We will meet investors, operators and institutions.

Because, important though it is, this is not only about getting the Treaty done.

It is about selling a jurisdiction.

It is about telling Gibraltar's story properly.

For too long, others have defined our narrative.

THAT ENDS NOW!

It is time to deliver a proper, strategic and coordinated marketing campaign for Gibraltar.

At every opportunity, we will sell Gibraltar.

At Posidonia.

In the City of London.

At financial services conferences.

At maritime forums.

In boardrooms and investment roundtables.

We will explain that Gibraltar has secured CERTAINTY where others predicted instability.

We will explain that we have safeguarded sovereignty while restoring fluidity.

And we will explain that we are open for business

Madam Speaker,

In 2017, I described Brexit as a day of mourning.

Today, I describe this moment as SEMINAL and HUGELY EXCITING.

Because, Madam Speaker, we are standing here having negotiated clarity out of uncertainty.

Having secured opportunity out of risk.

Having safeguarded sovereignty while restoring economic fluidity.

And Madam Speaker, this Treaty is not perfect.

No Treaty ever is.

But it is robust.

It safeguards sovereignty.

It avoids a hard border.

It strengthens investor confidence.

It provides certainty for business in the long term.

And it positions Gibraltar for stability and growth.

And Madam Speaker, I am genuinely excited about what comes next.

Excited for the opportunities this creates.

Excited for the confidence it restores.

Excited for the momentum it gives Gibraltar on the international stage.

And Madam Speaker, to address the seminal question - Does this treaty make us any less Gibraltarian?

Absolutely NOT, Madam Speaker.

I am still every bit as Gibraltarian!

One final point on the amendment to the motion.

If there were any questions on sovereignty the amendment to the motion addresses specifically that issue.

Madam Speaker, as a law student, in all my lectures on constitutional law, one of the main debates was always around Parliamentary sovereignty.

To the UK, as we saw in the BREXIT campaign, Parliamentary sovereignty is extremely important.

The argument was always that AS LONG AS THE UNITED KINGDOM PARLIAMENT WAS ABLE TO TERMINATE ITS MEMBERSHIP OF THE EUROPEAN UNION, THE UK PARLIAMENT WAS SOVEREIGN.

Madam Speaker, the final test on sovereignty, therefore, is whether the treaty can be terminated ONLY in accordance with the wishes and consent of the Government of Gibraltar on behalf of the people of Gibraltar.

This House is therefore sovereign if the treaty can be terminated solely by the Government of Gibraltar on behalf of the people of Gibraltar.

And so, for all of those reasons, Madam Speaker, I support the Motion and commend it to this House.

Thank you.

ENDS