Rock thrown into debate over external frontiers

Date: 18/07/1996

By Rory Watson

SPAIN'S declared desire to exclude Gibraltar from EU legislation on the free movement of people now being examined by member state governments and the European Parliament is just the latest stage in a long-running battle over the Rock's status within the Union.

It will also increase the already formidable difficulties facing those charged with getting agreement on the External Frontiers Convention.

The Irish government considers the convention to be a key element in its fight against drug trafficking and organised crime, and wants to use its six-month EU presidency to try to end the differences between the UK and Spain over Gibraltar in a bid to unlock an agreement.

But its chances of settling a dispute which goes back to 1713, when the Treaty of Utrecht ceded Gibraltar to the UK, are slim.

Despite the change of government in the colony two months ago, new Chief Minister Peter Caruana and his Social Democrat administration are following a self-determination policy in line with that pursued by its Socialist and Labour Party predecessor under Joe Bossano.

On the surface, relations between Gibraltar and Spain have improved since reaching a new low point earlier in the year when newly-elected Spanish Foreign Minister Abel Matutes raised the spectre of closing the border with the British colony once again. This was accompanied by the return of lengthy frontier delays for anyone travelling from Gibraltar to Spain.

After a recent meeting between Matutes and British Foreign Secretary Malcolm Rifkind, the border delays - while still not entirely a thing of the past - are nowhere near the six hours previously experienced by travellers.

Equally, measures are now in place, after fierce Spanish criticism, to prevent the Rock being used as a base for drug and tobacco smugglers.

However, despite the recent changes of government in Spain and Gibraltar, the fundamental differences standing in the way of agreement on the External Frontiers Convention remain.

Madrid wants the border with Gibraltar to be treated as an external EU frontier since it refuses to recognise the territory as a British dependency. London, just as vehemently, insists the convention must include Gibraltar.

The UK is strongly opposed to the three draft directives on the free movement of people in the Union, which were discussed by the European Parliament this week. But it cannot accept Spain's bid to exclude Gibraltar from their terms.

“Even if the UK wanted to accommodate Spain, I cannot see it agreeing to this suggestion. It would mean changing the British Nationality Act,” said one lawyer.