CONFIDENTIAL
(188)
Reference.......................
Mr Clift, HK&GD
cc Mr Martin, SED
See (187)
INDEX
Мо
HRK 3401/
COMAR 1981
PA
$15.4
HONG KONG: LIKELY ATTITUDE TO CONSOLIDATING THE THOMSON FORMULA FOR GIBRALTAR
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1.
2.
have a note
You asked me to let you ow of the points I made this morning.
As I understand it the administrative concession allowing Gibraltarians free access to the UK was introduced in 1968 as part of the Thomson Agreement when Spain closed the border with Gibraltar. Though the public explanation now given for the administrative concession refers to the 'special circumstances' of Gibraltar or the 'unique circumstances' of Gibraltar without reference to theborder noone has ever said or implied that the justification for it is other than the border closure. Nor has HMG ever said or implied that it would be continued if the border were reopened. The statements have avoided precision on this point.
3.
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It is my personal view that if Ministers were to say categorically that the administrative concession would be made permanent even if the border were reopened they would find it extremely difficult to explain to eg Falkland Islanders why they thought that Gibraltarians despite the advantages they have from the free movement of labour in the EC, are considered to need or deserve the Thomson concession but that no other dependency needs or deserves it. I would therefore see some presentational merit in a defence of consolidation - if for political reasons consolidation were regarded as essential along the following lines. There could in any event be no question of a reversion to the pre-Thomson situation. Since that time the UK and Gibraltar have joined the EC and all Gibraltarians had an entitlement to come to the UK to look for work, with their dependants, under the EC directive on freedom of movement of workers. As a matter of administrative practice UK immigration controls generally are applied to all people from EC countries, including Gibraltar, much more loosely than with the rest of the world simply because the freedom of movement of workers makes close immigration control on entry impracticable.
And many Gibraltarians have British citizenship anyway from birth in the UK or descent from a UK born parent. So it would be quite impractical anyway to exercise immigration control over the relatively small number of people who would want to come to the UK and who might not, strictly speaking, be covered by the EC entitlement or their British citizenship. These Gibraltarians must continue to be allowed to come to the UK whatever happens to the border.
/4.
CODE 18-77
CONFIDENTIAL