The recent  speculation on social media regarding persons allegedly fined in Spain for not having an entry stamp on their passport should not be utilised for internal party-political purposes in Gibraltar. This whole question is a highly sensitive matter and those in positions of responsibility should exercise a degree of caution and restraint in their public commentary on the subject.

This is because it remains a legal requirement for any UK passport holder, regardless of the colour of their Gibraltar-issued card, to be stamped on entry into the Schengen area and again on exit from it. That legal position has not changed.

Moreover, all British Citizens, including Gibraltarians, are entitled to spend 90 days in 180 inside the Schengen zone without the need for a visa. Passports need to be stamped precisely in order to determine whether the holder has kept to those conditions. This rule is not unique to Gibraltar, it applies to all British Citizens, regardless of the point of entry into Spain or indeed into the entire Schengen zone.

However, it is true that Spain entered into a voluntary concession not to stamp passports held by Gibraltar residents on the production of an identity card or a civilian registration card. This was the original position after the United Kingdom and Gibraltar left the European Union. It then changed  for UK nationals resident in Gibraltar in  October 2021, following the introduction of new immigration procedures in the UK itself for the entry of EU nationals, including Spanish citizens. Both the United Kingdom and Gibraltar governments are on public record as having taken up the matter with the Spanish authorities on several occasions in order to secure a reprieve for blue card holders. Sadly, despite those best efforts, which included raising the matter on different occasions at an official and political level, it has not been possible to secure a change of policy from Madrid.

Therefore, to be clear, the scope, extent and duration of this concession is entirely in the gift of Spain which is the party delivering it unilaterally.

In the interim, the non-stamping concession has continued to operate for red identity card holders only. This has served to cushion Gibraltar from the very worst effects of a hard Brexit at the border. It is uncharitable and ungenerous not to recognise this important fact.

It is also relevant to point out that when dealing with such a voluntary concession, which is not enshrined in law, that its application by its very nature cannot be set out in black and white.

The Government can confirm that it is not yet aware of the identity of any red card holder who has been fined for being in Spain without an entry stamp, neither is it aware where exactly it is claimed that this incident took place. It has also not been notified of any change to this unilateral policy on the part of the Spanish authorities while the treaty negotiations continue.

All that being said, it is important that persons availing themselves of this non-stamping concession should exercise some discretion and common sense in order to avoid any disruption to their journey into Spain. It is logical that the further away from the border, the less that this discretionary concession will be known to law enforcement officers and others. Given that this is a voluntary, unwritten bridging measure it is unfortunately simply not possible to be more precise.

ENDS