Whilst people in Gibraltar are focussed on the practical impact of the long-standing frontier fence with Spain being removed under a month ago I ask Catherine to unravel some of the legal complexities of the massive and long-negotiated Treaty.
This last March Professor Barnard gave evidence to the House of Lords European Affairs Committee, which will be quizzing Chief Minister Fabian Picardo also on the UK-EU Treaty over Gibraltar in September. She held a seminar in Cambridge on this issue too.
After the interview with Catherine, I thought the European Convention of Human Rights views she expressed merited a view too from HM Government of Gibraltar, so I put an official press question in to No 6:
In relation to the Gibraltar Treaty is the Government concerned about the Conservative Party and, separately the Reform party, position as regards withdrawal from the European Convention on Human Rights and the implication of such a policy?
Reply: HM Government of Gibraltar is aware of the debate within UK politics about the future of the European Convention on Human Rights. Any decision by a future UK government on potentially withdrawing from the Convention would be a significant constitutional matter for the United Kingdom. It would not, however, automatically call the UK-EU Treaty for Gibraltar into question.
Gibraltar’s position is resilient. The rights enshrined in the Convention are, in substance, reproduced in Gibraltar’s own Constitution - they form part of our domestic law and do not depend on the United Kingdom’s continued Convention membership or on oversight from Strasbourg. This position could be reinforced further in Gibraltar legislation if ever required. If necessary, HM Government of Gibraltar would seek to demonstrate to its EU partners that Gibraltar’s human rights protections remain complete and credible in their own right.
The Concordat’s double lock provides an additional structural safeguard. The United Kingdom has agreed it cannot - except in “the most exceptional circumstances” - take steps towards termination of the Treaty without the support of a three-quarters majority of the Gibraltar Parliament, or a majority in a referendum of the Gibraltar electorate. We will continue to monitor developments in UK politics and engage with partners on any implications for Gibraltar. But our future under the Treaty should be determined by Gibraltar.
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