The government of Gibraltar has warned that it could rescind the rights and protections enjoyed by Spanish and other EU nationals living and working in the territory if Madrid uses its veto to exclude the Rock from any Brexit deal between the EU and the UK.
According to EU negotiation guidelines issued in April last year, Gibraltar will find itself outside any future trade deal with the UK unless an agreement is reached in advance with Spain over its status, effectively giving Madrid a veto.
Gibraltar’s deputy chief minister, Dr Joseph Garcia, described the veto clause as illegal and said its use would be challenged in court.
He said that its invocation could prompt his government to review the status of EU nationals and also to revisit an agreement guaranteeing the payment of pensions to Spaniards who worked in Gibraltar before Franco closed the border in 1969.
“We’ve taken advice from the most senior UK lawyers and our advice is that the clause is illegal and our position is that if Spain exercises a veto under that clause, we will challenge it in court – whatever that may do to the whole of Brexit,” he said.
Garcia said that Spain was trying to draw a distinction between withdrawal and transition, even though Gibraltar insists transition is part of withdrawal.
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