Gibraltar 'stealth clause' could mean Spain blocks Brexit

Although reports earlier in the week showed president Pedro Sánchez and British prime minister Theresa May had shaken hands on a deal covering Spain-Gibraltar relations post-Brexit – which included the latter being required to up tax on alcohol and fuel and increase the price of cigarettes – a clause in Mrs May's withdrawal text has since been flagged up, leading Spain to accuse the UK of 'stealth'.

Theresa May had said from the start she 'would not tolerate' Gibraltar, a British-owned enclave, benefiting from agreements drawn up within the EU unless Spain consented to them, which suggested the UK and Spain were finally singing from the same hymn sheet about the Rock, which has been British for 300 years but which the former right-wing Spanish government was determined to claim back.

Now, though, a detail in the withdrawal deal has been found which states that the Rock would be covered if any future trading system were to be set up between Britain and the EU.

Whilst this does not appear to be problematic at first, Sánchez's government points out that this clause could, in future, be used by Britain as grounds to forge a trade deal between the UK and the EU which included Gibraltar automatically, but without consulting Spain first or needing the Spanish government's express approval.

A source from Sánchez's cabinet says the clause appears to have been 'introduced stealthily' and 'via the back door', and that Spain is not happy about it.

Unless a clear explanation is given as to its interpretation, set in stone, and its meaning does not infer Spain could be left out of Gibraltar trade negotiations – or even just become one of 28 countries involved in creating it – then Sánchez will vote 'no' to the Brexit deal.

Theresa May will have to get her deal past Parliament before it will be accepted into UK law, and additionally, needs the agreement of the other 27 EU member States, but if either fails, she will have to go back to the drawing board.

Mrs May has even hinted that Brexit may not happen if her deal does not get through, having apparently said in her recent speech that the UK has three choices – her deal, a no-deal Brexit, or no Brexit.

The provisions of Mrs May's deal are closest to what has been described as a 'Norway scenario', whereby the UK would continue to benefit from free movement of goods, capital and services and free movement of people would carry on, and where Britain is subject to EU regulations and directives but has no decision-making power in drawing them up.

It has not pleased hardline Brexiteers, who want a clean break even at the risk of the UK economy grinding to a halt, nor remainers, who believe the deal is basically a Brexit in name only and that the only better agreement would be the one Britain has already as an EU member.