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BREXIT

Brexit: Why have British citizens in the EU been left to fight for their own rights?

Groups of volunteers are spending all their time and hard-earned cash on fighting for the rights of Britons across the EU who are directly affected by Brexit. The British government needs to finally make the 1.2 million citizens in the EU a real priority and ease the burden on campaigners, writes Ben McPartland.

Brexit: Why have British citizens in the EU been left to fight for their own rights?
Photo: AFP

Last week a team of volunteers in different parts of France worked late into the night trying to interpret the newly published French law that spells out what will happen in the case of a no-deal Brexit.

The law is hugely important for the lives and futures of 150,000 Brits in France.

The volunteers, who form the “citizens rights” team at Remain in France Together (RIFT), put aside their normal lives and got on with the job of providing information to the thousands of anxious Brits who were waiting desperately for news of what their futures might hold if Britain crashes out of the EU in a few weeks' time.

These are the same team of volunteers who have spent their own money travelling to Paris to lobby the French government to alert them to the issues Britons are facing across the country.

Of course, it's not just in France where unpaid volunteers have taken it upon themselves to explain the impact of Brexit on health cover, driving licenses and residency rights and basically to stick up for the citizens' rights of anxious Britons, whose lives and health have been damaged by nearly three years of limbo.

The coalition group British in Europe, with linked campaign groups across the EU, has led the way in campaigning and lobbying from Brussels to London and from Berlin to Strasbourg, meeting with UK and EU politicians to fight for the rights of Britons.

In Italy unpaid campaigners from the group British in Italy have actively lobbied the Italian government, which eventually led to Rome becoming the first EU government to guarantee the rights of British citizens in the country in the event of a no-deal Brexit.

Some campaigners say they risk losing their jobs, most say they have already lost their social lives. All have had to dig deep into their savings.

But they know that thousands of worried British citizens now look to them for support, information and advice, more than they do their own government.

But why have the livelihoods of 1.2 million British citizens – that's more than the combined populations of Liverpool and Manchester – across the EU seemingly been left in the hands, albeit very capable ones, of volunteers?

And why have the top ministers in the British government and Prime Minister Theresa May refused to meet those representing the 1.2 million in the last two and a half years?

“Whilst I do believe that those we have met have a genuine desire to help us, they are hampered by the prime minister's desire to limit the rights and freedoms of EU citizens in the UK,” says Bremain in Spain's Sue Wilson.

Wilson says her campaign work has left a deep hole in her pocket.

“It has cost me thousands of pounds (I've stopped counting!) of my own money, which as a pensioner I can ill afford, and I'm working longer hours than I ever did during my career.”

Delia Dumaresq from the group British in Italy summed up the difficulties they faced.

“We are a committee of seven and for some of us, it is a full-time job. We do not have any funding, nor even the means to cover our travel costs which are increasingly onerous as we try to reach more and more British nationals resident here,” she said.

Would other EU countries such as France, which provides MPs for its overseas residents and has passed a law to protect the rights of those who return from the UK after Brexit, really have left so many of its citizens to fend for themselves like this?

The British government hasn't been entirely idle, of course or at least its embassies haven't.

Embassy staff have met with these volunteer groups to hear their concerns about the real issues on the ground and they have passed them on in meetings with officials from interior ministries of EU governments.

Sometimes those messages are heard.

British embassies across the EU have also been holding “outreach” meetings in most countries, which have been attended by thousands of British citizens.

But despite a genuine desire to help on the part of officials, many of those who went to meetings in France report that their questions mostly go unanswered.

That's not necessarily the fault of the embassy staff or the ambassador, of course. Concrete information has been hard to come by over the last two years and often they have come under fire for being the Brexit messenger.

But the simple fact is Theresa May – and her speeches over the last two years give this away – has never made the 1.2 million Britons who took advantage of freedom of movement her priority.

British in Italy's Delia Dumaresq said: “Have we had adequate support from the Embassy or the British government? In a nutshell: no.

“The British government, despite insisting that our citizens' rights are its priority, has done nothing to assist us or any of the other British in EU groups to reach as many British nationals as possible, to inform them of their rights and of what may follow,” she said.

British in Europe campaigners deliver letter to Downing Street. Photo: AFP

“We've always made the running – requesting meetings with the embassy, providing copies of documents we have prepared for the Italian government.

“When it comes to reaching out to the wider audience of British nationals living in Italy, providing them with information on their rights and on events as they unfold in the Brexit pantomime, we certainly have done a lot more [than the embassy].”

But as crunch time approaches it's still not too late for the British government to show some real interest in 1.2 million people and take the burden off these under-pressure volunteers. Or at least share it.

As for what embassies could do to help, British in Italy's Delia Dumaresq suggests “an advertising campaign to inform British nationals here of their existing rights – to advise people to register with their local commune, or exchange their British driving licence before March 29th, to inform them that the Italian government has assured us British nationals will not be 'illegal' after March 30th in the event of a No Deal.”

The embassy could provide “considerable help” by setting up a helpline with information on people's rights, on where to find more information on specific areas and/or with a person that a caller could speak to, British in Italy suggests.

“Such wider 'publicity' that the embassy could give to these issues with their Brexit budgets would assist enormously. People are frankly worried sick about what will happen to them, their families, their jobs, their homes and almost more importantly, their healthcare after March 30th,” said Dumaresq.

These measures could be taken by embassies across the EU if the foreign office responded to their call for help. 

Brits can at least for now rely on campaigners, as Bremain in Spain's head Sue Wilson pledges.

“It's not like I have a choice – I've never felt so strongly about anything in my entire life, and no matter what happens next, I'll be in this until the end.”

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GIBRALTAR

Why has Gibraltar still not reached a Brexit deal with Spain?

With yet another round of Spain-UK negotiations set to begin more than eight years since the Brexit referendum, Gibraltar is still without a deal and a November deadline looms over any treaty. Why has it proven so hard to break the deadlock?

Why has Gibraltar still not reached a Brexit deal with Spain?

On Thursday September 19th, Spain and the UK resume talks on Gibraltar’s post-Brexit status, and has been the case since 2016, uncertainty is still the prevailing feeling.

The British Foreign Secretary David Lammy recently received his Spanish counterpart, José Manuel Albares in London. Both did their diplomatic duties and talked up the prospects of a deal, with Lammy stating he hoped for an agreement that would ensure greater “prosperity and security for the people of Gibraltar.”

Albares, for his part, understandably centred any hypothetical deal on a “shared prosperity between Gibraltar and the 300,000 Andalusians connected every day in their normal lives”.

READ ALSO: Gibraltar demands Spain return stolen concrete block in new diplomatic spat

Though Lammy and Albares discussed the Rock, no formal negotiations or deal can be struck without EU oversight, so the meeting also included discussion of bilateral issues and international concerns such as the wars in Ukraine and the Middle East.

The meeting between the two Ministers was therefore a preamble to yet more formal treaty negotiations in Brussels on Thursday. Since Brexit came into effect at the end of 2020, Gibraltar has essentially existed in legal limbo with no formal treaty.

Border controls have been fudged ever since, leaving locals and Spaniards across the border faced with inconsistent rules and forcing travellers to find creative ways to bypass rules and get over ‘La Línea’. 

Why hasn’t a deal been reached?

So why all the meetings and pre-meetings and endless rounds of negotiations? How is it possible that Gibraltar is still without a Brexit deal all these years later?

A recent piece in El País by Rafa de Miguel, the daily’s UK and Ireland correspondent, perhaps put it best: “The amount of warm words in any political statement is inversely proportional to the progress in the negotiations.”

The reality is that, however many handshakes and photo opportunities and positive attitudes expressed between Spain and the UK on a bilateral level, these are ultimately irrelevant as nothing can be signed without the EU’s approval. 

This is further complicated by the fact that this makes any deal dependent on four way negotiations between Spain, the UK, the EU, and Gibraltar.

Each of these parties has their own individual set of needs, preferences and motivations. The EU won’t want to be seen to give Gibraltar, and by extension the UK, any special treatment for fear of emboldening other member states who desire bespoke arrangements when it comes to border controls and customs checks.

In light of Germany recently reimplementing land border checks, something some say is a direct violation of Schengen rules, this will be especially sensitive in these latest rounds of negotiations. 

Spain has long made territorial claims on Gibraltar dating back to the 1713 Treaty of Utrecht, when the overseas territory was first ceded to the UK, and will want to come out of negotiations with something that can be perceived as a political victory, likely an increased Spanish role in border patrols.

Fabian Picardo, Gibraltar’s Chief Minister, has ruled this out definitively over the last few years, citing concerns about British sovereignty.

The UK government in London will also have worries about British sovereignty, but will balance this with the knowledge that Gibraltar negotiations are also an opportunity to reset relations with Europe more widely, something the new Starmer government has repeatedly stated since coming into power.

READ ALSO: ‘It’s time to reset Britain’s relations with Europe’, says UK foreign secretary

Some reports, however, suggest that despite the positive musings coming from London, negotiations have stalled and that Lammy has no intention of signing anything that would deviate from Gibraltar’s needs and concerns.

Political tensions were increased recently when Gibraltar demanded Spanish far-right party Vox return a concrete block stolen from British waters, and the Euro 2024 winning Spanish football team made international headlines when it celebrating by singing ‘Gibraltar es Español’ (Gibraltar is Spanish).

READ ALSO: ‘Gibraltar is Spanish!’: How Spain celebrated Euro 2024 heroes

Despite wanting to improve relations with the EU, Lammy is expected to reiterate the Labour government’s unwavering commitment to the “double lock” on sovereignty, sources told El País.

Perhaps most pressingly, however, is the fact that these new negotiations now have a deadline: the enforcement of new Schengen Area border rules come into force on November 10th and a treaty must be finalised before then. 

READ MORE: Hard border? What we know so far about new Gibraltar-Spain checks

Schengen Zone rules mean that there are two major outstanding points in treaty negotiations: firstly, the sore point of Spanish border guards on British soil, something Gibraltar rejects outright, and also the question of who would run Gibraltar’s airport, which is located on the isthmus between Spain and the British territory, an area Madrid claims was never included in Treaty of Utrecht.

The most contested aspect of negotiations is Madrid’s demand that Spanish agents should be allowed to carry out checks on passengers arriving at Gibraltar airport and that they should be armed and in uniform.

For many Llanitos (Gibraltar locals) this is an intolerable idea and one Picardo rejects outright: “There will be no Spanish boots on the ground,” he has said repeatedly.

On the other hand, Spain argues that no specific protocol can be designed for Gibraltar and that if it wants to join the border-free European area, it must accept Schengen rules.

Spanish boots on British soil is a particularly visceral point for many Gibraltarians of a certain age. In June 1969, Spanish dictator Francisco Franco closed the border gate between Gibraltar and La Línea de la Concepción, cutting the tiny overseas territory off from the world, separating Spanish-British families and forcing Gibraltar to source food from elsewhere on the planet. 

It was eventually reopened in December in 1982 but those 13 years have taken deep root in Gibraltar’s historical memory and is now embedded into the Llanito collective imagination and identity.

For many on ‘The Rock’, the idea of Spanish border guards on British soil, whether it be in the airport or elsewhere, is simply unacceptable under any circumstances. 

Tax could also prove to be a sticking point. Gibraltar has no VAT, but Madrid has argued that if it wants to benefit from fluid border movement, its tax rules must be brought into line with EU rules.

Of course, there’s also both the domestic and international geopolitical contexts to consider here too. All parties – Spain, the UK, Gibraltar and the EU – have been distracted by other events in recent years.

Spain has been preoccupied by political tension, snap elections and the Catalan amnesty, while Britain suffered the almost cartoonish political instability of the outgoing Conservative government and treaty talks were postponed after the general election in July.

Added to this is the fact that the mediating party, the EU, has had its hands full with the war in Ukraine and surging far-right parties across member states, a trend that interestingly both the UK and Spain buck as the only major European states with centre-left governments.

Talks resume on Thursday September 19th, over 8 years since the Brexit referendum.

In British politics, the UK’s exit from the EU now seems strangely absent from debate, as though the issue is over and the country has finally begun to move on — but for Gibraltarians and the thousands of Spaniards who cross the border and work there everyday, Brexit is still an open-ended question.

READ ALSO: ‘Starting now’: New UK govt wastes no time in Gibraltar post-Brexit talks with Spain

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