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#Gibraltar: Draft negotiation guidelines receive hostile response from UK

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“No agreement between the EU and the United Kingdom may apply to the territory of Gibraltar without the agreement between the Kingdom of Spain and the United Kingdom”  - these words, in the draft negotiation guidelines, have solicited an aggressive response in the UK that led to the former leader of the Conservative Party, Michael Howard, evoking the war over the Falklands, writes Dolly Forbes-Hamilton.

The Daily Telegraph, a Conservative paper that supported Brexit, interviewed a former director of operational capability, Rear-Admiral Chris Parry, who said that though the Royal Navy was much weaker than it was during the Falklands War it could still “cripple” Spain. The bellicose words were echoed by the current UK Defence Secretary Michael Fallon, who said he was prepared to go “all the way” to protect the sovereignty of Gibraltar, with Foreign Secretary Boris Johnson accusing Spain of a land grab.

The extraordinary lack of tact shown by senior and experienced actors such as Howard and Parry and senior ministers to an inevitable problem that arises from the Brexit vote does not bode well for calm and diplomatic discussions. In the past, when Margaret Thatcher was demanding her money back, or shouting ‘No, No, No’, she had a very strong hand to play as a full EU member; by triggering Article 50 and choosing a hard Brexit, the UK has greatly weakened its negotiating position.

Chief Minister Gibraltar Fabian Picardo said: “It would be absolutely awful (if)our home [was] handed over, shared and therefore in part handed over to a party who has no claim to title." He went on to say: "I'm not thrilled that we’re in the position in which we are, Gibraltar voted 96% to Remain but we have energetically and enthusiastically decided that we have to support the prime minister in this process of making Brexit a success for Britain and for Gibraltar, and therein lies the rub.”

In a formal statement from Downing Street, UK Prime Minister Theresa May said she was “steadfastly committed to our support for Gibraltar”.

The tiny British Overseas Territory of around 30,000 is a historic anachronism that dates back to the 1713 Treaty of Utrecht. The defence of Gibraltar probably appeals to the buccaneering spirit of some Brexiteers who aspire to an ‘Empire 2.0’ vision for the UK’s future, but it is wholly out of tune with reality. Like Hong Kong, maybe it is time for a peaceful, orderly and sensible transfer of power. Even Jeremy Bentham, the English philosopher, described Gibraltar as a “perpetual provocation”.

Sabre rattling aside, the UK and the Gibraltarians needs to look at the actual situation on the ground. Half of the workforce travels from Spain to Gibraltar to work, 12,000 people. One significant source of income for ‘The Rock’ is tourism, 94% travel there via the land border. If a hard border is established, given the UK’s choice to be outside the Single Market and customs union, this would be enormously damaging to their services economy, in particular financial services. The 96% Remain voters acknowledge this – but their ‘mainland’ was indifferent when they chose to leave. The EU is also working on a list of tax havens in third countries - Gibraltar will need the UK to negotiate an agreement that protects its services sector and ensures that they don't end up on a blacklist.

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What next?

Well, hopefully, the rhetoric will calm down.

However, Spain’s Foreign Minister Alfonso Dastis confirmed that Spain would not exercise its veto should an independent Scotland wish to join the EU. Up until the recent past, it was always assumed that Spain would veto membership for fear of opening the door to Catalan independence.

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