The GSD have said any proposals that emerge from the ongoing post-BREXIT talks that affect Gibraltar's political or constitutional status should be "put to a referendum of the people of Gibraltar before any Treaty is entered into". 

A statement from the GSD follows below:

Any proposals that emerge from the ongoing post-BREXIT talks between Spain, Britain, Gibraltar and the EU that in any way directly or indirectly affects our political or constitutional status should be put to a referendum of the people of Gibraltar before any Treaty is entered into. 

We should have no repetition of the Tax Treaty where a controversial agreement was entered into which was harmful and intrusive without even Parliament being consulted on the text beforehand and in breach of previous assurances by Government. 

Equally and ahead of that there should be no agreement of principles entered into that detrimentally affects our sovereignty, jurisdiction and control of our land or waters. 

Any final agreements reached should be safe for Gibraltar, respect our fundamental rights, our separate identity as a people and be enforceable so that we are assured that if the people of Gibraltar back such an agreement in a referendum we have guarantees that it will be recognised and carried out. 

We are clear in the GSD that our sovereignty is not up for negotiation and that, if it is necessary to walk away from those talks or no agreement is possible, our community will withstand any period of adversity and emerge stronger as it has before. 

The post-BREXIT talks provide an opportunity for achieving a new, positive and permanent relationship with the EU but the path is fraught with danger. We have previously made clear that Gibraltar should be ambitious but be alive to the risks involved. In his interview with the Gibraltar Chronicle the Chief Minister has openly acknowledged those dangers. 

Three months ago when the new Governor was sworn in the Leader of the Opposition Keith Azopardi set out the GSD’s position on the talks by saying: 

“The need to now negotiate a new relationship with the European Union is......, an opportunity to see a recalibration of the dynamics between this micro-territory and both the EU and our neighbour. In respect of the latter much remains to be seen but we hope that the chance is taken by Spain to accept a respectful modern European relationship with Gibraltar. One where our rights are recognized and respected and our people enjoy freedoms of movement across the border. We are, after all, Europeans by inescapable geographical destiny. 

And in that opportunity we should be bold and imaginative in mapping out what we want as a people. ...... Let us not just drift on the agendas of others. Let us set out our own ambitious set of goals. .... this is our land and sovereignty rests in our people who confer democratic legitimacy on our laws and institutions. What else does that mean other than that our agenda for the future should be as ambitious as possible in recognition of those rights to self- determination and the fact that the future is ours to decide and no-one else’s.” 

We are now barely four months away from the end of the transitional period. The fact is that there is very little time left to conclude any discussions successfully. Even so we support an attempt to explore the possibility of achieving a modern, stable and prosperous new relationship with the EU and Spain by which we enjoy a respectful and progressive relationship with our immediate neighbour as well as the wider European family of nations. 

The Chief Minister has spoken publicly about the process his Government is involved in and some of the possible scenarios he contemplates including the prospect of freedom of movement (mobility) agreements, some form of Schengen or customs union deal as well as a package that may conceivably touch upon Gibraltar’s status. 

The GSD is not involved in those discussions. We have had a number of informal briefings on the process that the Government is following (as has TG Leader Marlene Hassan-Nahon). While we note that the Government speaks of seeking to enter into an “agreement of principles...before moving to agreeing legal detail” there are two points we must make. 

First that the Opposition has not seen any draft documents that may have been prepared in the ongoing process or that could lead to understandings of principle. Still less have we been involved in the drafting of such a document of principles. We do not even know if one exists in draft form. Secondly while any agreements of principle may fall short of being enforceable they would constrain any subsequent discussions of “legal detail” that leads to a Treaty. As such the “principles” stage is as important as the subsequent legal detail. Indeed on one view it may be more important as it will constrain the conceptual latitude that subsequent discussions could have. 

It is clear from what the Chief Minister has confirmed publicly that the Government is some distance from any agreements of principle. But given the fact that any such agreements could compromise future negotiations the GSD will carefully scrutinise any new MOUs or agreements of principle that emerge. We are sceptical whether this is possible with the present volatile political backdrop in Spain 

Nevertheless the GSD remains hopeful that, if the discussions are properly handled, a positive set of agreements could emerge which safeguard and protect our interests and our fundamental rights and aspirations. The Government must tread carefully in seeking such agreements. We are clear about what Gibraltar’s red lines should be in that process. 

Finally and as we have previously stated we would, if so invited, be willing to play a more meaningful role in any discussions if we formed the view that the public interest of Gibraltar required it and the talks were safe. This has never been about partisan politics for us because Gibraltar is at a crucial juncture in our history and we must skilfully navigate the post Brexit challenge. “That has been the long-standing position of the GSD dating back to my predecessors as Party Leaders” said Mr Azopardi