Keir Starmer faces a race against time to agree on a border deal with the EU over Gibraltar, that could make or break his Brexit reset with Brussels.
Since 2020, both the UK and EU have tried to negotiate a post-Brexit solution for Gibraltar that keeps the border open between the territory and Spain.
An open border is vital for the economy for both those living in Gibraltar and Spanish citizens in the neighbouring region of Andalusia.
Currently, 15,000 registered EU citizens are permitted to work and have their rights protected in Gibraltar.
At the same time border controls are a major issue for Gibraltar’s citizens, 96 percent of whom voted to stay in the EU.
“We have been taken out of the EU against our will and had no say in the process,” a Gibraltar government official told the iNews.
However, the temporary ad hoc system that still allows free movement without checks between the British Overseas Territory and Spain could be under threat as a key change to border protocols looms into sight.
On November 10, a new EU initiative comes into force, which will increase controls on people crossing into the EU’s border-free Schengen area.
The Entry/Exit System (EES) will require citizens travelling into the Schengen area to register their biometric details – fingerprints or a photograph.
The British Prime Minister is under pressure to avoid this from happening and any failure to do so could damage his reputation both at home and with the EU.
Both the UK and EU agree that the sovereign integrity of Spain and Gibraltar should be respected and that the border between the two should remain open.
The UK also accepts that the Schengen area must be protected, as it seeks a deal with Brussels. Both sides agree that the solution to the problem lies in Gibraltar joining the Schengen area, with border controls taking place inside the territory at the airport.
However, while London wants those checks carried out by Frontex, the EU’s border agency – Spain is insisting its border guards should be the ones responsible for policing immigration.
This, though, is unacceptable for both Gibraltar’s government and Downing Street, given Madrid’s sovereignty claims over part of the territory.
Further complicating any agreement is the issue of VAT, which is not charged in Gibraltar.
Spain argues that this gives the British Overseas Territory an unfair economic advantage and that any deal over the border or in other areas should be conditional on Gibraltar aligning its taxation with EU regulations.
Sir Keir Starmer faces a serious test of his political skills and no little jeopardy either.
If he is unable to agree on a deal with the EU, then credibility over his ability to foster better relations with Brussels will be seriously dented.
If, however, he is seen to be making too many concessions to get an agreement, then he is likely to face a ferocious backlash from the Tories and Brexiteers.