Diego Garcia Military Base and British Indian Ocean Territory Bill 2024-26

20T

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act do not come into force until the duties in section (<i>Joint UK–Mauritius Parliamentary Commission</i>) have been discharged.”

<p>This amendment, connected with another in the name of Lord Lilley, seeks to ensure that the sections 2 to 4 of the Act only come into force once the Secretary of State has sought to establish a Joint UK-Mauritius Parliamentary Commission.</p>

20U

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act do not come into force until the duty outlined in subsection (2B) has been fulfilled.<br> (2B) The Secretary of State must publish a report on how the Treaty may increase any political or legal risks related to—<br> (a) reliance on third countries required to service the base;<br> (b) risks of litigation from Mauritius regarding the base in Diego Garcia in the International Court of Justice, including analysis of Mauritius’ declarations of 23 September 1968;<br> (c) risks of litigation in an arbitral tribunal under Annex VII of UN Convention on the Law of the Sea.”

<p>This amendment seeks to prevent sections 2 to 4 from coming into force until the Government has published a report on how the Treaty may increase political or legal risks.</p>

50B

After Clause 4, insert the following new Clause—<br> <b>“Recognition of the Chagossian people</b><br> (1) The Chagossian people shall be recognised in the law of the United Kingdom as the indigenous people of the Chagos Archipelago for the purposes of implementing the Treaty.<br> (2) For the purposes of this section, “the Chagossian people” means—<br> (a) those born on any island of the Chagos Archipelago prior to their depopulation between 1968 and 1973, and<br> (b) the direct descendants of such persons.<br> (3) The Secretary of State must have regard to the rights, identity and cultural integrity of the Chagossian people when exercising any functions under this Act.<br> (4) Recognition under this section is without prejudice to any right of return, right of self determination or citizenship entitlement held by members of the Chagossian people.”

51BA

Clause 5, page 3, line 40, leave out from “section” to “if” in line 41 and insert “may not be made unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament”

81K

After Clause 5, insert the following new Clause—<br> <b>“Joint UK–Mauritius Parliamentary Commission</b><br> (1) The Secretary of State must engage with the Government of Mauritius with a view to establishing a Joint Parliamentary Commission to oversee the implementation and operation of the Treaty.<br> (2) The Commission’s duties include—<br> (a) ensuring the recognition and protection of Chagossian rights, including but not limited to—<br> (i) ensuring a right of return;<br> (ii) ensuring the right to self-determination via a referendum of all Chagossians on the question of sovereignty is held by the UK;<br> (iii) access to compensation, resettlement, or other forms of support;<br> (b) considering the welfare, integration, and general needs of Chagossians residing in the United Kingdom;<br> (c) reviewing any financial arrangements, including those supporting resettlement, welfare, or the development of the Chagossian community.<br> (3) In undertaking the engagement required by subsection (1), the Secretary of State must make representations that the composition of the Commission should reflect equal representation from the parliaments of the United Kingdom and the Republic of Mauritius, and that its purpose should be to promote mutual understanding of its duties under subsection (2) through dialogue and debate, including consideration of the operation of the Commission.”

<p>This amendment, connected with another in the name of Lord Lilley, seeks to ensure that the sections 2 to 4 of the Act only come into force once the Secretary of State has sought to establish a Joint UK-Mauritius Parliamentary Commission.</p>

20L

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a report assessing the potential implications for other British Overseas Territories that would arise from this Act and the Treaty.”

20M

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a report assessing the impact of Article 6 of the Treaty and the transfer of sovereignty under this Act on Chagossian civic identity.”

20N

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a report assessing the extent to which the ratification process for the Treaty complies with the provisions of the Constitutional Reform and Governance Act 2010.”

20P

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a report assessing the impact of the Treaty and the transfer of sovereignty under this Act on the economy of the Chagos Archipelago.”

20Q

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has published a report into the governance of the Chagos Archipelago under the Treaty, including local administration and democracy.”

20R

Clause 1, page 1, line 7, at end insert “, subject to subsections (2A) to (2C).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has sought to negotiate an amendment to Article 15 of the Treaty to allow the United Kingdom the right to terminate the Treaty with six months’ notice when the circumstances in subsection (2B) apply and motions to take note of a report of the results of this negotiation have been approved by both Houses of Parliament under subsection (2C).<br> (2B) The circumstances are that—<br> (a) Mauritius ceases to be a democracy in the view of the Secretary of State;<br> (b) Chagossians are denied a electoral franchise or suffer discrimination within the Chagos Archipalago;<br> (c) Mauritius seeks or obtains a military or security alliance with a country considered a threat to the United Kingdom.<br> (2C) The approval required by subsection (2A) must be in the form of a resolution of the each House of Parliament.”

20S

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has produced a report on the economic partnership under Article 11 of the Treaty and a motion to take note of the report has been approved by resolution of both Houses of Parliament.”

50A

After Clause 4, insert the following new Clause—<br> <b>“Chagossian identity and birthplace protection</b><br> (1) The Secretary of State must take all necessary steps, including through diplomatic representations and international engagement, to ensure that the birthplace of any Chagossian native, including Diego Garcia, Peros Banhos or Salomon, continues to be recognised in all official documents.<br> (2) For the purposes of this section “official documents” includes, but is not limited to, birth certificates, passports, civil status records, national identity documents and any document issued by the authorities of any State that records the place of birth of a Chagossian native.<br> (3) The Secretary of State must lay before Parliament an annual report setting out—<br> (a) any instances in which the birthplace of a Chagossian native has been altered, removed or replaced by another State,<br> (b) the steps taken to challenge or rectify such alterations, and<br> (c) any measures introduced to safeguard the accurate recording of the birthplace of Chagossian natives in the future.<br> (4) In this section—<br> “Chagossian native” means a person born on any island of the Chagos Archipelago prior to the depopulation of those islands between 1968 and 1973.”

81J

After Clause 5, insert the following new Clause—<br> <b>“Mandatory consultation with the government of the United States regarding security risks</b><br> (1) Before taking any action that may affect the security environment of the Chagos Archipelago or the operation of the facilities on Diego Garcia, the Secretary of State must consult the government of the United States of America.<br> (2) For the purposes of subsection (1), “action” includes—<br> (a) any proposal relating to sovereignty, administration or control of any island other than Diego Garcia,<br> (b) any agreement with the Republic of Mauritius or any other state concerning access, use or activities within the Archipelago,<br> (c) any decision that could affect the security guarantees, cooperation mechanisms or obligations set out in Annex 1 of the Treaty, and<br> (d) any measure that may influence, directly or indirectly, the security posture or operational capability of the United States facility on Diego Garcia.<br> (3) The Secretary of State must lay before Parliament a statement confirming that consultation under subsection (1) has taken place before any such action is implemented.”

20G

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a report examining the consequences of the Treaty not being ratified.”

20H

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a report setting out the impact of the Treaty on the legal basis for the operation of the US military base on Diego Garcia.”

20J

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a report setting out any reasons for rejecting any remedies otherwise than this Treaty for resolving challenges to the United Kingdom’s sovereignty of the Chagos Archipelago.”

20K

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a report assessing the ability of the Government of Mauritius to govern the Chagos Archipelago under the terms of the Treaty and the implications for international peace and stability of transferring sovereignty.”

20C

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has commissioned a panel of independent experts to review the provisions in Article 5 of the Treaty on the Marine Protected Area, and this panel has published a report.”

20D

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has—<br> (a) sought to renegotiate paragraph 3(f) of Annex 1 of the Treaty to remove the requirement to consult Mauritius on the placement of structures around Diego Garcia if this is for the purposes of defence, and<br> (b) laid a report of any attempted or successful negotiation before both Houses of Parliament.”

20E

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has—<br> (a) sought to renegotiate paragraph 3(d) of Annex 1 of the Treaty to allow the presence of military and non-military forces or personnel of third countries on Diego Garcia without informing Mauritius if this is for the purposes of defence, and<br> (b) laid a report of any attempted or successful negotiation before both Houses of Parliament.”

20F

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 do not come into force until the Secretary of State has—<br> (a) sought to renegotiate Annex 1 of the Treaty to allow the United Kingdom to derogate from the provisions of this part in case of war or other emergency, and<br> (b) laid a report of any attempted or successful negotiation before both Houses of Parliament.”

51A

Clause 5, page 3, line 39, at end insert—<br> “(2A) An Order under this section which amends, repeals or revokes an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

51B

Clause 5, page 3, line 40, leave out “An” and insert “Any other”

51C

Clause 5, page 3, line 41, leave out from “Parliament” to end of line 3 on page 4

81C

After Clause 5, insert the following new Clause—<br> <b>“Chagossian contact group</b><br> Within one month of the day on which this Act is passed, the Secretary of State must—<br> (a) establish a (or ensure that any) Chagossian contact group is active for the time that the Treaty is in force, and<br> (b) ensure that the group meets quarterly.”

81D

After Clause 5, insert the following new Clause—<br> <b>“Annual report: defence</b><br> Within 12 months of the day on which this Act is passed and annually thereafter, the Secretary of State must publish a report reviewing the risks and emerging threats to the operation of the Diego Garcia base, including from hostile states.”

81E

After Clause 5, insert the following new Clause—<br> <b>“Prime Ministerial report: security risks</b><br> Within three months of the day on which this Act is passed, and annually thereafter, His Majesty’s Armed Forces and the intelligence services must produce a report for the Prime Minister on any threats and risks to the Diego Garcia Base which—<br> (a) may arise because of the transfer of sovereignty under this Act, or<br> (b) could trigger a security review under Annex 1 of the Treaty.”

81F

After Clause 5, insert the following new Clause—<br> <b>“Reporting requirement: communications from Mauritius</b><br> The Secretary of State must lay before Parliament the details of any communications from the Government of Mauritius regarding the—<br> (a) existence of,<br> (b) effect of, or<br> (c) proposals relating to<br> <span class="wrapped">any amendments to the Treaty.”</span>

81G

After Clause 5, inserting the following new Clause—<br> <b>“Report: resettlement</b><br> Within 12 months of the day on which this Act is passed and annually thereafter, the Secretary of State must publish a report on progress made in the relation to the resettlement of Chagossians under Article 6 of the Treaty.”

81H

After Clause 5, insert the following new Clause—<br> <b>“Report: payments</b><br> (1) Within 12 months of the day on which this Act is passed, and annually thereafter, the Secretary of State lay an annual report and accounting statement before Parliament.<br> (2) The report and statement must—<br> (a) detail past and future payments to the Government of Mauritius,<br> (b) include an impact assessment analysing the cost of payments to taxpayers in the United Kingdom, and<br> (c) include information on any errors and under and overpayments.”

20A

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 may not come into force until the Secretary of State has sought to renegotiate the Treaty to ensure the right of Chagossians to access the Chagos Archipelago as part of Article 6 of the Treaty.”

20B

Clause 1, page 1, line 7, at end insert “, subject to subsections (2A) and (2B).<br> (2A) Sections 2 to 4 may not come into force until the duty outlined in subsection (2B) has been fulfilled.<br> (2B) The Secretary of State must make representations to the government of Mauritius that no less than 20% of the allocated lease to Mauritius is spent on resourcing and enforcing the Marine Protected Areas of the Chagossian Archipelago.”

38A

After Clause 3, insert the following new Clause—<br> <b>“Access to air transport for British Chagossians</b><br> The Government shall seek to permit limited commercial and chartered flights for British Chagossians to and from Diego Garcia, using the existing runway facilities.”

38B

After Clause 3, insert the following new Clause—<br> <b>“Employment rights at the Diego Garcia military base</b><br> All employment on the Diego Garcia military base shall include fair and equal opportunities for Chagossians as British Indian Ocean Territory citizens, with remuneration and conditions consistent with UK labour standards.”

38C

After Clause 3, insert the following new Clause—<br> <b>“Implementation of resettlement feasibility plan</b><br> The Government must implement the resettlement recommendations of the 2015 Feasibility Study for the Resettlement of the British Indian Ocean Territory, subject to community consultation.”

81A

After Clause 5, insert the following new Clause—<br> <b>“Review: Chagossian culture and heritage</b><br> Within three months of the day on which this Act is passed, the Secretary of State must undertake a review of the impact of the transfer of sovereignty under this Act and the Treaty on the preservation of and right to access sites of Chagossian heritage.”

81B

After Clause 5, insert the following new Clause—<br> <b>“Chagossian Marine Protection Areas report</b><br> The Secretary of State must produce a report assessing –<br> (a) what steps the government of Mauritius is taking to enforce the Marine Protected Area, and<br> (b) how much of the annual lease payment between the Government and Mauritius is being spent on protecting the Marine Protected Areas of the Chagossian Archipelago.”

1

Before Clause 1, insert the following new Clause—<br> <b>“Purpose</b><br> (1) The purpose of this Act is to—<br> (a) cede sovereignty over the Chagos Archipelago,<br> (b) dissolve the British Indian Ocean Territory,<br> (c) provide for the continued British administration of Diego Garcia, and<br> (d) limit the citizenship rights of the Chagossians.<br> (2) Nothing in this Act grants or recognises that Mauritius has sovereignty over the Chagos Archipelago.”

<p>This amendment seeks to add a purpose clause to the Bill to demonstrate more clearly the Government’s intentions in bringing forward this legislation.</p>

2

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(2) Sections 2 and 4 of this Act do not come into force until the duties outlined in section 1(2A) (right to return), 1(2A) (lease renewal), 1(2A) (termination), (<i>Referendum</i>), (<i>Employment rights of Chagossians</i>), (<i>Asylum claimants</i>) and (<i>Consultation</i>) are discharged.”

<p>This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of sections 2 and 4 dependent on certain conditions.</p>

3

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(2) Sections 2 to 4 may not come into force until the Secretary of State sought to re-negotiate the Treaty so that it confers a right on Chagossian people to give birth within the Chagos Archipelago.”

4

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(2) Sections 2 to 4 may not come into force until the Secretary of State has published draft legislation which would enable any person born in the Chagos Archipelago to receive British Overseas Territories citizenship and British Indian Ocean Territories citizenship.”

5

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(2) Sections 2 and 4 of this Act do not come into force until the duties outlined in sections (Equality Impact Assessment) and (Implications of treaty on United Kingdom defence spending and United States of America) are discharged.”

6

Clause 1, page 1, line 7, leave out from "Treaty" to end of line and insert “is in force, sections 2 to 4 shall also be in force”

<p>This amendment seeks to probe the legal status of the Chagos Archipelago should the Agreement be terminated.</p>

7

Clause 1, page 1, line 7, leave out “4” and insert “3”

<p>This amendment would prevent the provisions of this Bill relating to citizenship from coming into force when the Treaty does.</p>

9

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act do not come into force until the duty outlined in subsection (2B) has been fulfilled.<br> (2B) The Secretary of State must publish a report on the United Kingdom’s legal position regarding—<br> (a) the UK’s declarations of 27 February 2017 recognizing the jurisdiction of the International Court of Justice as compulsory excepting jurisdiction for “any dispute with the government of any other country which is or has been a Member of the Commonwealth”,<br> (b) the UK’s declarations under the United Nations Convention on the Law of the Sea that it “does not accept any of the procedures provided for in section 2 of Part XV of the Convention with respect to the categories of disputes referred to in paragraph 1(b) and (c) of article 298”, and<br> (c) the implications of these two declarations for the UK’s Overseas Territories.”

<p>This amendment would prevent sections 2 to 4 from coming into force until the Government has published a report on the impact of the UK’s declarations under both the International Court of Justice and the United Nations Convention on the Law of the Sea (UNCLOS) on the UK’s sovereignty over the Overseas Territories.</p>

10

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) sought to undertake negotiations with the Government of Mauritius on whether Mauritius will establish a right for Chagossians to return and reside in the Chagos Islands, and<br> (b) laid before both Houses of Parliament a report on progress on establishing such negotiations with the Government of Mauritius and the outcome of any that have taken place.<br> (2B) Within two months of the report being laid under paragraph (2A(b), the Secretary of State must table a substantive motion in the House of Commons on the contents of the report.<br> (2C) In this section “Chagossians” are defined as those eligible for British citizenship under section 4 of the Act, and their descendants.”

<p>This amendment requires that the Government must undertake negotiations with Mauritius on a Chagossian right of return, with a report laid before Parliament on the outcome of the negotiations. The Government must subsequently table a substantive motion in the House of Commons on the content of that report.</p>

11

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) sought guarantees from the Government of Mauritius that the United Kingdom will have the right to renew the lease at the end of the 99 year period in Article 13 of the Treaty and any subsequent period at the same or more favourable terms;<br> (b) laid before both Houses of Parliament a report on the progress of the negotiations to seek such guarantees from Mauritius.<br> (2B) Within two months of the report being laid under paragraph (2A)(b), a Minister must table substantive motions in the House of Commons and the House of Lords on the contents of the report.”

<p>This amendment is intended to prevent the provisions from coming into force until the Government has sought guarantees from the Mauritian Government that the lease is renewable as of right.</p>

17

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) sought to undertake negotiations with the Government of Mauritius on whether Mauritius would agree an amendment to Article 10 of the Treaty to allow Chagossians as well as Mauritian nationals the right to be employed on the Base to the maximum extent practicable;<br> (b) laid before both Houses of Parliament a report on progress on establishing such negotiations with the Government of Mauritius and the outcome of any that have taken place.<br> (2B) Within two months of the report being laid under paragraph (2A)(b), a Minister must table substantive motions in the House of Commons and the House of Lords on the contents of the report.<br> (2C) In this section “Chagossians” are defined as those eligible for British citizenship under section 4 of the Act and their descendants.”

<p>This amendment is intended to prevent the provisions from coming into force until the Government has sought to negotiate Chagossian employees the same right to work in support of the operation of the Base as Mauritians under Article 10 of the Treaty, with a report laid before Parliament on the outcome of the negotiations and subsequent motions in the Commons and Lords on the contents of the report.</p>

12

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) sought from the Government of Mauritius an amendment to Article 15 of the Treaty to allow the United Kingdom the right to terminate the Treaty on six months’ notice, where termination means the islands revert to British sovereignty;<br> (b) laid before both Houses of Parliament a report on the progress of the negotiations to seek such an amendment.<br> (2B) Within two months of the report being laid under paragraph (2A)(b), a Minister must table substantive motions in the House of Commons and the House of Lords on the contents of the report.”

<p>This amendment is intended to mean the provisions would not come into force until the Government had sought amendments to the Treaty to insert a termination clause that would allow the islands to revert to British sovereignty.</p>

18

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) sought to undertake negotiations with the Government of Mauritius regarding a guarantee that paragraph 3(d) of Annex 1 will cover all non-UK and non-US civilian personnel stationed in the Chagos Archipelago, in addition to military and civilian security forces;<br> (b) laid before both Houses of Parliament a report on progress on establishing such negotiations with the Government of Mauritius and the outcome of any that have taken place.<br> (2B) Within two months of the report being laid under paragraph (2A)(b), a Minister must table substantive motions in the House of Commons and the House of Lords on the contents of the report.”

<p>This amendment is intended to prevent the provisions from coming into force until the Government has sought guarantees regarding the presence of non-UK and non-US civilian personnel in the Chagos Archipelago beyond Diego Garcia.</p>

13

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) launched a full consultation of all the Chagossian people, including those resident in the UK, Mauritius and the Seychelles, on whether they wish the British Indian Ocean Territory to be transferred to Mauritian sovereignty, which must have—<br> (i) lasted a minimum of six months,<br> (ii) taken evidence from a wide variety of Chagossians in all three countries, and<br> (iii) been conducted under and complied with the Government’s consultation principles;<br> (b) laid before both Houses of Parliament a report on the consultation.<br> (2B) Within two months of the report being laid under paragraph (2A)(b), a Minister must table substantive motions in the House of Commons and the House of Lords on the contents of the report.<br> (2C) In this section “Chagossians” are defined as those eligible for British citizenship under section 4 of the Act.”

<p>This amendment is intended to prevent the provisions from coming into force until the Government has conducted a six month consultation on the proposed transfer of the Chagos Islands to Mauritius.</p>

19

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) sought to undertake negotiations with the Government of Mauritius to guarantee that the application of Annex 2 will oblige (where the UK Government so requests) the Mauritian Government to take responsibility for all asylum claimants and illegal entrants in the Chagos Archipelago including Diego Garcia and accept the transfer of all claimants to Mauritian custody, and<br> (b) laid before both Houses of Parliament a report on progress on establishing such negotiations with the Government of Mauritius and the outcome of any negotiations that have taken place.<br> (2B) Within two months of the report being laid under paragraph (2A)(b), a Minister must table substantive motions in the House of Commons and the House of Lords on the contents of the report.”

<p>This amendment is intended to prevent the UK being responsible for asylum claims resulting from illegal entrants into the Chagos Archipelago.</p>

14

Clause 1, page 1, line 7, at end insert “, but sections 2 to 4 of this Act do not come into force until the duties outlined in section (<i>Approval in a referendum of the Chagossian people</i>) have been discharged.”

<p>This amendment would prevent the provisions from coming into force until the Government has ensured that there has been a referendum of the Chagossian people on the question of sovereignty.</p>

20

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) sought guarantees from the Government of Mauritius that the Trust Fund under paragraph 1 of Article 11 of the Treaty will be open to all Chagossians, whether they are also Mauritian or not, and will include representation of all Chagossians in its administration;<br> (b) laid before both Houses of Parliament a report on the guarantees requested from Mauritius.<br> (2B) Within two months of the report being laid under paragraph (2A)(b), a Minister must table substantive motions in the House of Commons and the House of Lords on the contents of the report.”

<p>This amendment is intended to prevent the provisions from coming into force until the Government has sought guarantees from the Mauritian Government that all Chagossians will benefit from the Trust Fund.</p>

21

Clause 1, page 1, line 9, at end insert—<br> “(5) When the Treaty comes into force the Secretary of State must make a statement to Parliament.”

<p>This amendment would require the Secretary of State to make a statement to Parliament when the treaty comes into effect.</p>

15

Clause 1, page 1, line 7, at end insert “, but sections 2 to 4 of this Act do not come into force until the duties outlined in section (<i>Chagos marine protected area</i>) have been discharged.”

<p>This amendment would prevent the provisions from coming into force until the Government has published its plan to ensure the long term protection of the Chagos Marine Protected Area.</p>

22

Clause 1, page 1, line 9 at end insert—<br> “(5) When the Treaty comes into force the Secretary of State must undertake a review of the total financial cost of the UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia and publish a report of the findings of the review within one month of the coming into force of the Treaty.”

<p>This amendment would require the Secretary of State to review the total cost of the UK-Mauritius agreement and publish a report of the findings of that review within one month.</p>

16

Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).<br> (2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—<br> (a) sought guarantees from the Government of Mauritius that the Maritime Air Force of the Mauritius Police Force can with its existing assets and capabilities, without relying on other nations, maintain continuous patrols of the Chagos Archipelago to counter illegal poaching activity;<br> (b) laid before both Houses of Parliament a report on the guarantees sought, including the opinions of British environmental organisations with prior experience of protecting and upholding the Marine Protected Area.<br> (2B) Within two months of the report being laid under paragraph (2A)(b), a Minister must table substantive motions in the House of Commons and the House of Lords on the contents of the report.”

<p>This amendment is intended to prevent the provisions from coming into force until the Government has sought guarantees from the Mauritian Government that it can protect the Chagos Marine Protected Area out of its current assets.</p>

23

After Clause 1, insert the following new Clause—<br> <b>“Assessment of financial and defence implications of the Treaty</b><br> The Secretary of State must publish a report assessing the financial implications of the Treaty for the United States of America and the United Kingdom, including the effect on NATO spending and the risk of global instability from uncontrolled leasing of islands.”

24

After Clause 1, insert the following new Clause—<br> <b>“Prohibition on payments to Mauritius under Article 11</b><br> The United Kingdom must not make any financial payments to the Republic of Mauritius under Article 11 of the Mauritius Treaty.”

25

After Clause 1, insert the following new Clause—<br> <b>“Referendum</b><br> (1) The Secretary of State must arrange a referendum on whether the British Indian Ocean Territory should—<br> (a) remain a British Overseas Territory, or<br> (b) be transferred to and become the sovereign territory of the Republic of Mauritius.<br> (2) The franchise for the referendum must consist of persons entitled to citizenship under section 4 who are over 18 years of age.”

<p>This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of sections 2 and 4 dependent on certain conditions.</p>

8

Clause 1, page 1, line 7, at end insert “but sections 2 to 4 of this Act do not come into force unless either the International Court of Justice or the International Tribunal for the Law of the Sea has delivered binding and enforceable judgements on the sovereignty of the Chagos Archipelago and judged that the islands should be transferred to Mauritius.”

<p>This amendment would only allow sections 2 to 4 to come into force if an international Court delivers a binding ruling on sovereignty of the Chagos Archipelago and directs that they should be transferred to Mauritius.</p>

26

After Clause 1, insert the following new Clause—<br> <b>“Employment rights of Chagossians</b><br> (1) The Secretary of State must seek to undertake negotiations with the Government of Mauritius to establish whether they will allow amendments to Article 10 of the Treaty to allow Chagossians to be employed on the Base.<br> (2) The Secretary of State must lay a report on any such negotiations before both Houses of Parliament and a Minister must seek the approval of both Houses of the report.<br> (3) The approval required by subsection (2) must be in the form of a resolution of each House of Parliament.<br> (4) For the purposes of section 1(2), the duties under this section are only discharged if both Houses of Parliament agree the resolution in subsection (3) of this section.”

<p>This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of sections 2 to 4 dependent on certain conditions.</p>

27

After Clause 1, insert the following new Clause—<br> <b>“Asylum claimants</b><br> (1) The Secretary of State must seek to undertake negotiations with the Government of Mauritius to ensure that Mauritius is responsible for asylum claimants and illegal arrivals on Diego Garcia in relation to their responsibilities under paragraph 3 of Annex 2 of the Treaty.<br> (2) The Secretary of State must lay a report on any such negotiations before both Houses of Parliament and a Minister must seek the approval of both Houses of the report.<br> (3) The approval required by subsection (2) must be in the form of a resolution of each House of Parliament.<br> (4) For the purposes of section 1(2), the duties under this section are only discharged if both Houses of Parliament agree the resolution in subsection (3) of this section.”

<p>This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of sections 2 and 4 dependent on certain conditions.</p>

28

After Clause 1, insert the following new Clause—<br> <b>“Consultation</b><br> (1) The Secretary of State must undertake a consultation of Chagossian people on the transfer of sovereignty under this Act.<br> (2) The Secretary of State must lay a report on the outcome of the consultation before both Houses of Parliaments and seek the approval of both Houses of the report.<br> (3) The approval required by subsection (2) must be in the form of a resolution of both Houses of Parliament.<br> (4) For the purposes of section (2), the duties under this section are only discharged if both Houses of Parliament agree the resolution in subsection (3) of this section.”

<p>This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of sections 2 and 4 dependent on certain conditions.</p>

29

After Clause 1, insert the following new Clause—<br> <b>“Report on Article 4 of the Treaty</b><br> The Secretary of State must publish a report concerning the relationship between Article 4 of the Treaty and remaining Articles in the Treaty, in light of broader international law obligations including (or with special regard to) (a) Resolution 567 (VI), (b) Resolution 648 (VII), (c) Resolution 742 (VIII), (d) Resolution 1514 (XV).”

30

After Clause 1, insert the following new Clause—<br> <b>“Implications of treaty on United Kingdom defence spending and United States of America</b><br> (1) The Secretary of State must publish a report that assesses the financial impact of the treaty on—<br> (a) the United Kingdom, and<br> (b) the United States of America.<br> (2) The report must include—<br> (a) the implications of the treaty on the United Kingdom defence budget and United Kingdom contributions to the NATO budget, and<br> (b) any impact on regional stability as a result of the treaty.”

31

After Clause 1, insert the following new Clause—<br> <b>“Equality impact assessment</b><br> The Secretary of State must publish an equality impact assessment on the impact of-the payment to Mauritius for the next ninety nine years for use of Deigo Garcia, the proposed payment to citizens of the Chagos Island which would be administered for them by the Republic of Mauritius for the same 99 year period.”

32

After Clause 1, insert the following new Clause—<br> <b>“Report on Article 4 of the Treaty</b><br> The Secretary of State must publish a report concerning the relationship between Article 4 of the Treaty and remaining Articles in the Treaty, in light of broader international law obligations including (or with special regard to) (a) Resolution 567 (VI), (b) Resolution 648 (VII), (c) Resolution 742 (VIII), (d) Resolution 1514 (XV).”

33

Clause 3, page 1, leave out from beginning of line 21 to “His” in line 4 on page 2

<p>This amendment removes the statement that the law of the British Indian Ocean Territory continues as the law of Diego Garcia on the grounds that this is redundant.</p>

34

Clause 3, page 2, line 16, at end insert—<br> “(7) The Secretary of State must lay before Parliament a statement establishing that, in the event of any breach of the undertaking in Article 3(2)(b) of the Treaty, the United Kingdom reserves the right to respond by taking whatever action is deemed necessary to maintain the continued operation of the Diego Garcia Military Base.”

36

After Clause 3, insert the following new Clause—<br> <b>“Asylum and refugee processing</b><br> Any asylum seekers or refugees arriving in Diego Garcia or the wider Chagos Archipelago must be transferred directly to Mauritius only under an agreement that guarantees humane treatment, full rights of appeal, and compliance with international law.”

37

After Clause 3, insert the following new Clause—<br> <b>“Chagossian representation in the United Kingdom</b><br> The Government must ensure that a Chagossian representative is elected or appointed to act as a liaison between the Chagossian community and Parliament.”

38

After Clause 3, insert the following new Clause—<br> <b>“Recycling and waste management</b><br> (1) The Secretary of State must ensure that a sustainable recycling system is established within the Chagos Islands.<br> (2) The "sustainable recycling system" specified in subsection (1) must include plastic and all other forms of waste management.”

39

Clause 4, page 2, leave out line 28

<p>This amendment seeks to probe the Government’s reasons for curtailing the rights of descendants of those who are or was a citizen of the United Kingdom and Colonies by virtue of their birth in the British Indian Ocean Territory.</p>

40

Clause 4, page 2, line 34, leave out from “never” to end and insert “had their British citizenship revoked”

<p>This amendment seeks to probe the Government’s reasons for barring a descendant of a Chagossian from being registered as a British citizen because they have previously held, and no longer hold, British citizenship.</p>

41

Clause 4, page 2, line 35, leave out lines 35 to 40

<p>This amendment would permit the eligible descendants of Chagossians to apply for British citizenship indefinitely.</p>

42

Clause 4, page 2, leave out lines 35 to 40 and insert— <br> “(2) The Secretary of State may by regulations require persons eligible to be registered as a British citizen under subsection (1) to make an application by a specified date.<br> (3) The Secretary of State may not make regulations under subsection (2) unless he has held a consultation of no fewer than six months duration to consider the views of persons eligible to be registered as a British citizen under subsection (1) on the proposed date by which they must apply and placed a report on the responses to that consultation before Parliament.”

<p>This amendment would permit the Secretary of State to require the eligible descendants of Chagossians to apply for British citizenship by a specified date provided that the Secretary of State has first consulted the persons eligible on their views.</p>

43

Clause 4, page 2, line 39 leave out “23” and insert “30”

<p>This amendment would allow descendants of Chagossians to apply for British citizenship up to the age of 30, reflecting the fact that a person who is 23 years old may need more time to consider whether they want to be a British citizen.</p>

44

Clause 4, page 3, line 4 leave out subsection (6)

<p>This amendment removes the provision which limits the right of persons who are descendants of persons with British Overseas Territories Citizenship by virtue of their parent’s connection with the British Indian Ocean Territory.</p>

45

After Clause 4, insert the following new Clause—<br> <b>“Chagos Archipelago passports and documentation</b><br> British Chagossians shall be entitled to hold passports and official documentation identifying them as citizens of the Chagos Archipelago and the British Indian Ocean Territory.”

46

After Clause 4, insert the following new Clause—<br> <b>“Citizenship rights for children</b><br> Any child born to a British Chagossian parent in the United Kingdom shall automatically be entitled to British Indian Ocean Territory and British Overseas Territories citizenship.”

47

After Clause 4, insert the following new Clause—<br> <b>“Demographic study of the Chagossian people</b><br> The Secretary of State must produce a report projecting the population growth of the Chagossian people over the next 30 years, including their global diaspora, and the impact of this Act upon that projected growth, and assess the implications for international recognition of their national identity.”

48

After Clause 4, insert the following new Clause—<br> <b>“Retention of British Overseas Territories passports</b><br> British Chagossians shall retain the right to hold and renew British Overseas Territories passports irrespective of any future changes in sovereignty.”

49

After Clause 4, insert the following new Clause—<br> <b>“Assessment of Chagossian civic identity and self-determination</b><br> (1) The Secretary of State must publish an evaluation of the credibility of any claim that all Chagossians may be assumed to share civic identity with Mauritius without a self-determination vote.<br> (2) The report must consider the historical involvement of the Republic of Mauritius in the forced removal of the Chagossian people.”

50

After Clause 4, insert the following new Clause—<br> <b>“Registration of vital records</b><br> (1) Marriages, births and deaths of Chagossians shall be capable of being registered as British Indian Ocean Territories (BIOT) and British Overseas Territories (BOT) citizens.<br> (2) The Government shall establish an official register for such records.”

51

Clause 5, page 3, line 37 after “dominions” insert “in respect of the British Indian Ocean Territory or Diego Garcia”

<p>This amendment clarifies that this section only confirms His Majesty’s undoubted power to amend, repeal or revoke any legislation of any of His Majesty’s dominions by Order in Council in respect of the British Indian Ocean Territory or Diego Garcia.</p>

53

After Clause 5, insert the following new Clause—<br> <b>“Payments: base usability</b><br> (1) No payment may be made by the Government of the United Kingdom to the Government of Mauritius under Article 11 of the Treaty if the Diego Garcia military base is not usable.<br> (2) In this section, "not usable" means that the military base has been rendered inoperable for the purposes of military operations due to sea level rise or natural disaster.”

<p>This amendment seeks to probe the options for withdrawal from the Treaty in the Diego Garcia military base is no longer useable.</p>

54

After Clause 5, insert the following new Clause—<br> <b>“Parliamentary approval for new defence arrangements</b><br> (1) The Secretary of State must, by regulations, ensure that the Houses of Parliament approve any future defence or security use of the Chagos Islands by any country other than—<br> (a) the United Kingdom, or<br> (b) the United States of America.<br> (2) Regulations made by the Secretary of State under this section are to be made by statutory instrument.<br> (3) A statutory instrument containing regulations under this Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

55

After Clause 5, insert the following new Clause—<br> <b>“Equality impact assessment: payments to Mauritius and Chagossians</b><br> The Secretary of State must undertake and publish an equality impact assessment of payments made the Republic of Mauritius under the Treaty.”

<p>The amendment seeks to probe the equity of payments to the Republic of Mauritius and Chagossians respectively.</p>

56

After Clause 5, insert the following new Clause—<br> <b>“Chagossian self-determination and peace report</b><br> The Secretary of State must produce a report assessing whether the cause of peace and legal certainty for the military base on Diego Garcia is better served through the Treaty or through granting self-determination and resettlement to the Chagossian people as a self-governing British Overseas Territory.”

57

After Clause 5, insert the following new Clause—<br> <b>“Prohibition on legal representation for Mauritius in Chagos matters</b><br> No British lawyer or law firm may act on behalf of, or represent, the Republic of Mauritius in any legal proceedings or negotiations relating to the sovereignty, governance or administration of the Chagos Archipelago.”

58

After Clause 5, insert the following new Clause—<br> <b>“Defence report on leasing and security risks</b><br> (1) The Secretary of State, in consultation with the United States of America, must produce a report assessing security scenarios arising if a state leases an island in the Chagos Archipelago for a declared non-defence purpose but subsequently uses it for defence or security activities.<br> (2) The report shall access the costs, likelihood of conflict and risks to global security and be laid before Parliament.”

59

After Clause 5, insert the following Clause—<br> <b>“Impact on UK defence budget</b><br> The Secretary of State must publish a report assessing the effect of the Treaty on the United Kingdom defence budget, including the opportunity cost to national defence.”

60

After Clause 5, insert the following new Clause—<br> <b>“Protection of bird populations</b><br> The Secretary of State must ensure the protection and preservation of native and migratory bird species within the Chagos Archipelago.”

61

After Clause 5, insert the following new Clause—<br> <b>“Airspace boundaries: United States Airforce report</b><br> Sections 2 to 4 of this Act cannot come into force until the Secretary of State has made a statement confirming that they have consulted the United States Air Force (“the USAF”) and that any changes to international airspace boundaries will not complicate or undermine the USAF’s activities and operations.”

62

After Clause 5, insert the following new Clause—<br> <b>“Maritime boundaries : United States Navy report</b><br> Sections 2 to 4 of this Act cannot come into force until the Secretary of State has made a statement confirming that they have consulted the United States Navy and that any changes to the maritime boundaries will not complicate or undermine naval operations.”

63

After Clause 5, insert the following new Clause—<br> <b>“Review: impact on nuclear treaties</b><br> Within three months of the day on which this Act is passed, the Secretary of State must publish a review of the impact of this Act on the ability of the United Kingdom and Mauritius to comply with international treaties relating to nuclear weapons.”

64

After Clause 5, insert the following new Clause—<br> <b>“Approval in a referendum of the Chagossian people</b><br> (1) A referendum is to be held of all Chagossians over the age of 18 as to whether the British Indian Ocean Territory should remain a British Overseas Territory or be transferred to Mauritian sovereignty.<br> (2) The Secretary of State must, by regulations made by statutory instrument, make provision for the referendum and appoint the day on which the referendum is to be held.<br> (3) The question that is to appear on the ballot papers is “Should the British Indian Ocean Territory remain a British Overseas Territory?”.<br> (4) The potential answers to that question that are to appear on the ballot papers are—<br> (a) “Remain a British Overseas Territory”; and<br> (b) “Be transferred to Mauritius”.<br> (5) For the purposes of this section, “Chagossians” are persons connected with the British Indian Ocean Territory entitled to claim citizenship under section 4.<br> (6) No transfer of sovereignty may take place unless the number of Chagossians voting to transfer the islands to Mauritius exceeds those of the Chagossians that wish to remain a British Overseas Territory.<br> (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

65

After Clause 5, insert the following new Clause—<br> <b>“Protection from marine and waste pollution</b><br> (1) The Secretary of State must introduce a waste management and coastal protection system to protect the Chagos Archipelago.<br> (2) The "waste management and coastal protection system" specified in subsection (1) must include—<br> (a) the removal of waste from the Archipelago that has entered from neighbouring countries, and<br> (b) the prevention of debris entering into the Archipelago.<br> (3) The Secretary of State must publish an annual report on the measures taken to maintain a clean marine environment in the Chagos Archipelago.”

66

After Clause 5, insert the following new Clause—<br> <b>“Chagos marine protected area</b><br> The Secretary of State must publish a report on how they intend to preserve in perpetuity the Chagos Marine Protected Area, including steps to ensure—<br> (a) the provision of Mauritian fishing protection vessels providing the same of better coverage than the BIOT patrol,<br> (b) that Mauritius commits to retaining the Chagos Marine Protected Area as a no catch zone, and<br> (c) the United Kingdom has legal recourse if either (a) or (b) are not upheld.”

67

After Clause 5, insert the following new Clause—<br> <b>“Informing Mauritius under paragraph 2 of Annex 1</b><br> The Government shall not inform Mauritius of the use of the Base on Diego Garcia for an armed attack on a third state, as required under Annex 1, unless—<br> (a) the armed attack emanating from the Base has already ended,<br> (b) informing Mauritius will not endanger the security of the Base, and<br> (c) the Government has already informed both Houses of Parliament that an attack has taken place.”

<p>This amendment is to ensure that the Government is not able to endanger UK or USA security by notifying Mauritius of any planned use of the Base.</p>

68

After Clause 5, insert the following new Clause—<br> <b>“Protection against illegal fishing</b><br> The Secretary of State must establish a system of patrols and monitoring to prevent illegal fishing within Chagos territorial waters and the surrounding marine protected area.”

69

After Clause 5, insert the following new Clause—<br> <b>“Notification of Mauritius under paragraph 3(b) of Annex 1</b><br> The Government shall not notify Mauritius of the location of equipment in the Chagos Archipelago beyond Diego Garcia before conducting maintenance and upgrades.”

<p>This amendment is to ensure that the Government is not able to endanger UK or USA security by notifying Mauritius of the location of sensitive defence equipment.</p>

70

After Clause 5, insert the following new Clause—<br> <b>“Treaty implementation: annual payments to Mauritius</b><br> Each annual payment to Mauritius under Article 11 of the Treaty can only be made if—<br> (a) it has been approved by a resolution of the House of Commons;<br> (b) the Government has laid a report before both Houses of Parliament setting out whether the payment represents value for money.”

<p>This amendment is to ensure that each annual payment to Mauritius is voted on by the House of Commons and represents value for money.</p>

71

After Clause 5, insert the following new Clause—<br> <b>“UK lawyers: arbitral tribunal</b><br> No UK citizen including qualified solicitors or barrister may represent Mauritius at the arbitral tribunal referenced in Annex 4 of the Treaty.”

72

After Clause 5, insert the following new Clause—<br> <b>“Resettlement of Chagossians</b><br> Within one month of the day on which this Act is passed the Secretary of State must undertake a review of all discussions between the UK and Mauritius in respect of the resettlement of the Chagossians under Article 6 of the UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia and publish a report of the findings of the review.”

<p>This amendment would require the Secretary of State to review the records of all negotiations between the UK and Mauritius in respect of Article 6 of the agreement and publish the findings of the Report.</p>

73

After Clause 5, insert the following new Clause—<br> <b>“Article 5: support and assistance</b><br> Within one month of the day on which this Act is passed the Secretary of State must publish an estimate of ongoing financial cost of providing support and assistance to Mauritius under Article 5 of the UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia.”

<p>This amendment would require the Secretary of State to publish an estimate of ongoing financial cost of providing support and assistance to Mauritius under Article 5 of the agreement.</p>

74

After Clause 5, insert the following new Clause—<br> <b>“Article 10: employment of Mauritians</b><br> Within one month of the day on which this Act is passed the Secretary of State must publish an estimate of the impact of the terms of Article 10 of the UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia on the financial cost of operating the Base.”

<p>This amendment would require the Secretary of State to publish an estimate of the impact of Article 10 of the Agreement on the cost of running the Diego Garcia military base.</p>

75

After Clause 5, insert the following new Clause—<br> <b>“Article 11: schedule of payments to Mauritius</b><br> Within one month of the day on which this Act is passed the Secretary of State must publish a schedule of expected payments to Mauritius under Article 11 of the UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia including the planned dates of each payment.”

<p>This amendment would require the Secretary of State to publish a schedule of expected payments to Mauritius under Article 11 of the Agreement.</p>

76

After Clause 5, insert the following new Clause—<br> <b>“Right to fish within Chagos waters</b><br> Chagossians shall have the right to fish sustainably within the lagoons and coastal waters of the Chagos Archipelago.”

77

After Clause 5, insert the following new Clause—<br> <b>“Article 12: process for the establishment of the Joint Commission</b><br> Within six months of the day on which this Act is passed the Secretary of State must make a statement setting out the process that the UK will follow in fulfilling its obligations under Article 11 of the UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia.”

<p>This amendment would require the Secretary of State to publish a statement of the Government's planned approach to the establishment of the Joint Commission under Article 11 of the Agreement.</p>

78

After Clause 5, insert the following new Clause—<br> <b>“Employment on Diego Garcia</b><br> The Government must ensure that Chagossians are prioritised for employment on the Diego Garcia military base as British Indian Ocean Territories citizens over and above possible recruits from other countries.”

79

After Clause 5, insert the following new Clause—<br> <b>“Article 15: termination of the agreement</b><br> Within one month of this Act receiving Royal Assent the Secretary of State must publish a statement setting out his or her understanding of the status of the Chagos Archipelago should the Treaty be terminated.”

<p>This amendment would require the Secretary of State to publish a statement of the Government's understanding of the legal status of the Chagos Archipelago should the Agreement be terminated.</p>

81

After Clause 5, insert the following new Clause—<br> <b>“Impact of treaty on citizens of the Chagos Islands</b><br> The Secretary of State must publish a report on the forecasted impact of the treaty on the citizens of the Chagos Islands.”

83

Clause 6, page 4, line 17, at beginning insert “Subject to subsection (1A), except”

84

Clause 6, page 4, line 17, at beginning insert “Subject to section (<i>Approval in a referendum of the Chagossian people</i>),”

85

Clause 6, page 4, line 18, at end insert—<br> “(1A) Sections 2 to 4 may not come into force until the Secretary of State has published a statement establishing that the notification in Annex 1 1(b)(viii) of the Treaty does not require the consent of Mauritius in response.”

86

Clause 6, page 4, line 18, at end insert—<br> “(1A) Sections 2 to 4 may not come into force until the Secretary of State has published a statement establishing that the obligation under Annex 1(2) of the Treaty does not extend to aircraft and vessels which have landed or docked at the Base for the purposes of maintenance or refuelling prior to the armed attack on a third state.”

80

After Clause 5, insert the following new Clause—<br> <b>“UK–Mauritius Inter-parliamentary Committee</b><br> (1) Upon the passage of this Act, a Minister of the Crown must engage with the Government of the Republic of Mauritius with a view to establishing a UK-Mauritius Inter-parliamentary Committee to oversee the implementation and operation of the Treaty.<br> (2) In undertaking the engagement required by subsection (1), the Minister of the Crown must make representations that the composition of the Inter-parliamentary Committee should reflect equal representation from the parliaments of the United Kingdom and the Republic of Mauritius, and that its purpose should be to promote mutual understanding of the provisions of the Treaty through dialogue and debate, including consideration of the operation of the Joint Commission established under Article 12 of the Treaty.<br> (3) The Minister of the Crown must further propose that the Inter-parliamentary Committee’s responsibilities include—<br> (a) monitoring and assessing the implementation and operation of the Treaty;<br> (b) evaluating the recognition and protection of Chagossian rights, including but not limited to—<br> (i) the right of return,<br> (ii) the right to self-determination, and<br> (iii) access to compensation, resettlement, or other forms of support;<br> (c) considering the welfare, integration, and general needs of Chagossians residing in the United Kingdom;<br> (d) assessing progress made in negotiations between the Governments of the United Kingdom and Mauritius relating to the rights of Chagossians; and<br> (e) reviewing any financial arrangements made under the Treaty, including those supporting resettlement, welfare, or the development of the Chagossian community.<br> (4) If the Inter-parliamentary Committee described in subsection (1) is established, within five years of the commencement of the Treaty the Inter-parliamentary Committee must be invited to conduct a review of the operation and effectiveness of the Treaty arrangements.”

87

Clause 6, page 4, line 18, at end insert—<br> “(1A) Sections 2 to 4 may not come into force until the Secretary of State has published a statement establishing that the obligation under Annex 1(2) of the Treaty does not apply to any action taken by the United Kingdom to disable hostile aircraft, drones, ships or other devices which present a threat to the Base.”

88

Clause 6, page 4, line 18, at end insert—<br> “(1A) Sections 2 to 4 may not come into force until the Secretary of State has published a statement establishing that Annex 1(1)(a) of the Treaty includes the right of the United Kingdom to allow nuclear propelled vessels and nuclear armed vessels and aircraft to enter the sea and airspace of Diego Garcia.”

82

Clause 6, page 4, line 16, at end insert—<br> “(A1) Except for this section, no section of this Act may come into force until a UK-Mauritius Inter-parliamentary Committee has been established in accordance with section (<i>UK–Mauritius Inter-parliamentary Committee</i>).”

89

Clause 6, page 4, line 18, at end insert—<br> “(1A) Sections 2 to 4 may not come into force until the Secretary of State has published a statement establishing that, without prejudice to the prerogative powers, His Majesty may withdraw the United Kingdom as a party to the Treaty and withhold any payment due to Mauritius by the United Kingdom if Mauritius violates any terms of the Treaty.”

90

Clause 6, page 4, line 18, at end insert—<br> “(1A) Section 4 shall not come into force unless the Secretary of State has undertaken a consultation of the Chagossian community and laid a report of that consultation before both Houses of Parliament.”

<p>This amendment would prevent the provisions of this Bill relating to citizenship from coming into force unless the Secretary of State has undertaken a consultation of the Chagossian community.</p>

35

After Clause 3, insert the following new Clause—<br> <b>“Secretary of State’s duties regarding Diego Garcia</b><br> (1) The Secretary of State for Defence has the following general duties—<br> (a) to ensure the continued operation of the Diego Garcia Military Base (“the Base”);<br> (b) to safeguard the interests of the United Kingdom and the interests of the United Kingdom’s allies in relation to the Base;<br> (c) to ensure the maintenance and security of the electromagnetic spectrum relating to the Base.<br> (2) The Secretary of State for Defence must carry out the duties in subsection (1) at all times and without exception.<br> (3) In addition to the general duties under subsection (1), the Secretary of State for Defence must make a request to the Joint Commission to establish a framework for the timely settlement of disputes.”

After Clause 5, insert the following new Clause—<br> <b>“Treaty implementation: payments</b><br> (1) No payment may be made by the Government of the United Kingdom to the Government of Mauritius under Article 11 of the Treaty without the approval of the House of Commons.<br> (2) The approval required by subsection (1) must be in the form of a resolution of the House of Commons.”

<p>This amendment seeks to probe the reasons for payments to the Government of Mauritius under the Treaty.</p>

10

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(2) The Treaty and sections 2 to 4 of this Act do not come into force until the Secretary of State establishes a public consultation of Chagossian people residing in the UK on the Treaty.<br> (2A) The public consultation under section (1A) must be established within two months of this Act receiving Royal Assent.”

9

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(1A) Before sections 2 to 4 of this Act come into force, the Secretary of State must—<br> (a) seek to undertake negotiations with the Government of Mauritius on whether Mauritius will establish a right for Chagossians to return and reside in the Chagos Islands; and<br> (b) seek agreement to a referendum for Chagossians on self-determination within any negotiations which take place under paragraph (a); and<br> (c) lay before both Houses of Parliament a report on progress on establishing negotiations with the Government of Mauritius and the outcome of any that take place.<br> (1B) Within two months of the report being laid before the House of Commons under paragraph (1a), the Secretary of State must table a substantive motion in the House of Commons on the contents of the report.”

<p>This amendment requires that the Government must undertake negotiations with Mauritius on a Chagossian right of return and on a referendum, with a report laid before Parliament on the outcome of the negotiations. The Government must subsequently table a substantive motion in the House of Commons on the content of that report.</p>

11

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the Secretary of State makes a statement before Parliament outlining proposals for a public consultation on the Treaty.<br> (1B) A statement made under subsection (1A) must be made within two months of this Act receiving Royal Assent.”

14

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the Secretary of State lays before Parliament an impact assessment detailing the benefits and costs to the United Kingdom, including in financial and security terms, of the Treaty.<br> (1B) The Secretary of State must lay the impact assessment under section (1A) within 2 months of the passing of this Act.”

13

Clause 2, page 1, line 17, leave out subsection (b)

12

Page 2, line 17, leave out Clause 4

8

Clause 5, page 3, line 40, leave out subsection (3) and insert—<br> “(2A) An Order under this Act may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

<p>This amendment provides that any order made under the Act would need to have the approval of each House of Parliament.</p>

NC9

To move the following Clause—<br> <b>“Marine Protected Area: Progress Reports</b><br> (1) Within twelve months of this Act receiving Royal Assent, and every twelve months thereafter, the Secretary of State must lay before Parliament a report on—<br> (a) the progress made in establishing; and<br> (b) managing a Marine Protected Area in the Chagos Archipelago.<br> (2) The reports required under subsection (1) must include—<br> (a) a list of any meetings held during the twelve-month period between the Governments of the United Kingdom and Mauritius in which the Marine Protected Area was discussed;<br> (b) a summary of the non-financial support and assistance provided by the Government of the United Kingdom in the establishment, and management, of a Marine Protected Area; and<br> (c) the costs incurred by the United Kingdom, including any money paid by the Government of the United Kingdom to the Government of Mauritius, in connection with the establishment, and management, of a Marine Protected Area.<br> (3) Within two months of a report being laid before the House of Commons under subsection (1), the Secretary of State must table a substantive motion in the House of Commons on the contents of the report.<br> (4) Within twelve months of this Act receiving Royal Assent, the Secretary of State must seek to undertake negotiations with the Government of Mauritius to secure additional guarantees of its commitment to the development and preservation of a Marine Protected Area.”

<p>This new clause requires the Government to produce an annual report on progress in establishing and managing, and to seek negotiations on securing further guarantees of Mauritius’s commitment to, a Marine Protected Area in the Chagos Archipelago.</p>

NC10

To move the following Clause—<br> <b>“Annual report: Treaty implementation</b><br> (1) The Secretary of State must, within twelve months of commencement and every twelve months thereafter, publish and lay before both Houses of Parliament a report on—<br> (a) the expenditure of public funds made under the Treaty during the most recent financial year; and<br> (b) progress on the UK’s implementation of the Treaty.”

<p>This new clause requires the Government to publish an annual report on the expenditure of public funds made under the Treaty and on the progress of the UK’s implementation of the Treaty.</p>

NC11

To move the following Clause—<br> <b>“Annual Parliamentary Oversight and Approval of Expenditure</b><br> (1) The Secretary of State must, once every financial year, lay before the House of Commons, for its approval, an estimate of the expenditure that is anticipated to be incurred by the Government of the United Kingdom in connection with the commitments made under the terms of the Treaty, including, but not limited to—<br> (a) any payments made or to be made, or financial commitments entered into, with the Government of the Republic of Mauritius in accordance with the Treaty; and<br> (b) the costs associated with the continued administration, maintenance, and operation of Diego Garcia.<br> (2) If the payments incurred by the Government of the United Kingdom are greater than those anticipated in the estimate specified in subsection (1), the Secretary of State must lay before the House of Commons, for its approval, a supplementary estimate.”

<p>This new clause provides for an estimates and supply scrutiny process for expenditure to be incurred by the UK Government as a result of the Treaty and the UK’s continued involvement in Diego Garcia.</p>

NC12

To move the following Clause—<br> <b>“Review of the welfare and needs of Chagossians residing in the UK</b><br> (1) Within a year of this Act receiving Royal Assent, the Secretary of State must undertake, and publish the findings of, a review of the welfare, integration, and general needs of Chagossians residing in the United Kingdom.<br> (2) In undertaking the review specified in subsection (1), the Secretary of State must consult representatives of Chagossians residing in the UK, including community organisations.<br> (3) Within a month of publishing the report specified in subsection (1), the Government must make time available for a debate in both the House of Commons and the House of Lords on a substantive motion relating to the report.”

<p>This new clause requires the government to undertake a review of welfare and integration of Chagossians in the UK within a year Act receiving Royal Assent with a substantive motion relating to the report of the review tabled in both Houses of Parliament.</p>

NC13

To move the following Clause—<br> <b>“Impact of this Act and the Treaty on Chagossians residing in the United Kingdom</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed, consult with—<br> (a) Chagossian persons residing in the United Kingdom; and<br> (b) bodies representing, or working with, the Chagossian community residing in the United Kingdom regarding the impact of this Act and the Treaty on the Chagossian community residing in the United Kingdom.<br> (2) The terms of reference for the consultation specified in subsection (1) must include, but not be limited to the impact of this Act and the Treaty on—<br> (a) the socio-economic status of Chagossians residing in the United Kingdom;<br> (b) the family life of the UK based Chagossian community; and<br> (c) any implications for the Chagossian community residing in the United Kingdom, of changes to British nationality law.<br> (3) Within twelve months of the passing of this Act, the Secretary of State must lay a report before Parliament summarising—<br> (a) any findings from the consultation; and<br> (b) any steps the Government intends to take as a result of those findings.”

<p>This new clause requires the Government to consult the UK based Chagossian community on the impact of the Act and the Treaty, and to publish the findings of the consultation.</p>

NC14

To move the following Clause—<br> <b>“Duty to produce proposals for a referendum of Chagossians residing in the UK</b><br> (1) The Secretary of State must, within six months of this Act receiving Royal Assent, lay before both Houses of Parliament proposals for an advisory referendum of Chagossians residing in the UK, seeking their opinions on the Treaty signed with the Government of Mauritius and the provisions of this Act.<br> (2) Within a month of publishing the proposals specified in subsection (1), the Secretary of State must make time available in both Houses of Parliament for a debate on a substantive motion relating to the proposals.”

NC15

To move the following Clause—<br> <b>“Review of the operation of the Treaty</b><br> (1) Within five years of this Act receiving Royal Assent, the Secretary of State must commence a review of the operation of the Treaty.<br> (2) The review must include, but need not be limited to, an examination of whether it is in the UK’s national security interests to continue being a signatory to, or to seek the termination of, the Treaty.<br> (3) A report summarising the findings of the review must be published and laid before both Houses of Parliament.”

NC16

To move the following Clause—<br> <b>“Marine protected zone: prohibition of operation of vessels</b><br> (1) The Secretary of State must, within a year of this Act receiving Royal Assent, establish a marine protected zone around Diego Garcia.<br> (2) The “marine protected zone” specified in subsection (1) must prohibit the operation of any civilian or military vessels around Diego Garcia, other than those belonging to the Governments of the United Kingdom or the United States of America.”

NC17

To move the following Clause—<br> <b>“Access to the archipelago under the Treaty</b><br> In any discussions with the Government of Mauritius relating to the provisions of Annex 1(3)(d) of the Treaty, the Secretary of State shall not give consent to the presence of any Indian or Chinese security forces, either civilian or military in nature, in the Chagos Archipelago.”

NC8

To move the following Clause—<br> <b>“Report on compliance of the Treaty and the Act with UN General Assembly Resolutions on Decolonisation</b><br> (1) Within six months of this Act receiving Royal Assent, the Secretary of State must produce a report on the compliance of the Treaty agreed with the Government of Mauritius, and the provisions of section (2) of this Act, with the following Resolutions of the United Nations General Assembly—<br> (a) Resolution 567 (VI),<br> (b) Resolution 648 (VII),<br> (c) Resolution 742 (VIII),<br> (d) Resolution 1514 (XV).<br> (2) The report specified in subsection (1) must be laid before both Houses of Parliament and, within two months of its publication, the Secretary of State must ensure that a substantive motion relating to the report is tabled, and moved, in both the House of Commons and House of Lords.”

7

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the Secretary of State lays before Parliament a memorandum on the obligations under international law which require the UK to cede sovereignty of the British Indian Ocean Territory to the Government of Mauritius.<br> (1B) The memorandum specified in subsection (1) must include—<br> (a) a summary of the legal advice received by the UK Government on this issue;<br> (b) an analysis of the status of UK's sovereignty over the British Indian Ocean Territory under international law;<br> (c) the legal argument for the cessation of British sovereignty over the British Indian Ocean Territory; and<br> (d) the risks which the UK Government may have faced had it not reached an agreement with the Government of Mauritius.<br> (1C) The report specified in subsections (1A) and (1B) must be laid before Parliament no later than two months after this Act receives Royal Assent.”

NC7

To move the following Clause—<br> <b>“Rights of Chagossians</b><br> (1) The Secretary of State must consult the Chagossian community based in the United Kingdom on the implementation of the Treaty.<br> (2) The matters the Secretary of State must consult on shall include, but not be limited to—<br> (a) the Government of the United Kingdom’s response to any consultation by the Government of Mauritius on the regulations to establish a Trust Fund under Article (11)(b) of the Treaty; and<br> (b) any areas of dispute concerning the rights of the Chagossian people that arise between the Governments of the United Kingdom and Mauritius, before such disputes are formally discussed in the Joint Committee under the dispute settlement process established in Article 14 of the Treaty.<br> (3) Within six months of the passing of this Act, and at least once every subsequent year, the Secretary of State must lay before Parliament a report containing an assessment of the efforts of the UK Government to uphold the rights of Chagossians under the terms of the Treaty.”

<p>This new clause requires the Secretary of State to consult the Chagossian community in the UK on the discharge of the UK Government’s obligations under the Treaty, and to report annually on how the UK Government has upheld the rights of Chagossians.</p>

1

Clause 1, page 1, line 7, leave out subsection (2) and insert—<br> “(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the duties outlined in section [<i>The additional period and right to extend: duty to publish legal advice and risk assessments</i>] are discharged.”

<p>This amendment together with NC2 would prevent the Treaty from coming into force until the Government has published any legal advice or risk assessments regarding the UK’s ability to extend its rights over Diego Garcia after the initial period specified in the Treaty.</p>

3

Clause 5, page 3, line 29, leave out subsections (1) to (4)

4

Clause 5, page 3, line 36, at beginning insert “With the exception of the subject matters listed in subsection (3A),”

5

Clause 5, page 4, line 3, at end insert—<br> “(3A) An order under this section relating to Diego Garcia, or the rights of Chagossians residing in the United Kingdom, may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

6

Clause 5, page, 3, line 40, leave out “is subject to annulment in pursuance of a resolution of either House of Parliament” and insert “may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

2

Clause 6, page 4, line 17, leave out "see section 1(2)" and insert "see section 1(1A)"

<p>This amendment is consequential on NC2</p>

NC1

To move the following Clause—<br> <b>“Approval of payments to Mauritius by the House of Commons</b><br> (1) No payment may be made by the Government of the United Kingdom to the Government of Mauritius under Article 11 (1)(a) of the Treaty without the approval of the House of Commons.<br> (2) No development framework under Article 11 (1)(c) may be agreed by the Government of the United Kingdom with the Government of Mauritius without the approval of the House of Commons.<br> (3) No payment may be made under any development framework agreed between the Government of the United Kingdom and the Government of Mauritius without the approval of the House of Commons.<br> (4) The approval required by subsections (1), (2) and (3) must be in the form of a resolution of the House of Commons.”

<p>This new clause requires parliamentary approval for any payment by the UK Government to the Government of Mauritius under the Treaty.</p>

NC2

To move the following Clause—<br> <b>“The additional period and right to extend: duty to publish legal advice and risk assessments</b><br> (1) Within six months of this Act receiving Royal Assent, the Secretary of State must lay before both Houses of Parliament any legal advice and any risk assessments given to the Government relating to—<br> (a) the ability of the United Kingdom to extend the duration of the Treaty’s provisions for the additional period of 40 years (“the additional period”) specified in Article 13(2) of the Treaty, including—<br> (i) any advice pertaining to the automaticity, or otherwise, of the UK securing the additional period;<br> (ii) any obligations placed on both parties to negotiate the additional period;<br> (iii) any risk assessment of the impact on the United Kingdom’s strategic interests of not securing the additional period; and<br> (b) the ‘right of first refusal’ offered to the United Kingdom should the additional period not be negotiated at the end of the Treaty’s initial duration under Article 13(5) of the Treaty, including whether such a right exists if the additional period expires without a further extension being agreed.”

NC3

To move the following Clause—<br> <b>“Written instrument on the Marine Protected Area: approval by the House of Commons</b><br> (1) No written instrument on the establishment and management of its Marine Protected Area in the Chagos Archipelago provided for by Article 5 of the Treaty, including any changes to current restrictions on fishing, commercial and extractive activities, may be agreed to by the Government of the United Kingdom unless—<br> (a) a Minister of the Crown has laid before Parliament a copy of the written instrument,<br> (b) the written instrument and an explanatory memorandum has been published, and<br> (c) period A has expired without the House of Commons having resolved, within period A, that the written instrument should not be agreed.<br> (2) Period A is the period of 21 sitting days beginning with the first sitting day after the date on which the requirement in subsection (1)(a) is met.<br> (3) “An explanatory memorandum” has the meaning given in section 24 of the Constitutional Reform and Governance Act 2010.”

<p>This new clause provides that any written instrument on the Marine Protected Area will be subject to the approval of the House of Commons in a process equivalent to that required for treaties under section 20 of the Constitutional Reform and Governance Act 2010.</p>

NC4

To move the following Clause—<br> <b>“Ecological status of the Marine Protected Area</b><br> (1) The Secretary of State must, within two years of the passing of this Act and within every subsequent two years, lay before both Houses of Parliament and publish a report on the status of the Marine Protected Area (the “MPA”).<br> (2) Any report made under subsection (1) must include, but not be limited to—<br> (a) numbers of different species of coral, fish and molluscs in the Marine Protected Area;<br> (b) coral reef resilience;<br> (c) fish stocks;<br> (d) ocean acidification;<br> (e) any degradation of the marine or terrestrial environments; and<br> (f) a complete record of the vessels (nature and flag) that enter the MPA.”

<p>This new clause requires the Secretary of State to report regularly on the status of the Marine Protected Area.</p>

NC5

To move the following Clause—<br> <b>“Reports to the Intelligence and Security Committee</b><br> (1) The Secretary of State must, within twelve months of this Act receiving Royal Assent, and every year subsequently, report to the Intelligence and Security Committee of Parliament, established under section 1 of the Justice and Security Act 2013, on the security of the military base on Diego Garcia and the buffer zone.<br> (2) The report in subsection (1) must include, but shall not be limited to—<br> (a) the security of the buffer zone;<br> (b) the management and use of the electromagnetic spectrum;<br> (c) the presence of any foreign security forces on the islands, whether civilian or military;<br> (d) a complete record of the vessels, including their nature and flag, that enter the Marine Protected Area;<br> (e) a complete record of the notifications the United Kingdom has given the Government of Mauritius about activity on Diego Garcia;<br> (f) a complete record of any information passed from the United Kingdom to the Government of Mauritius, including any military operations, personnel movements, infrastructure development, communications, and logistical support.<br> (3) For the purposes of this section, “buffer zone” has the meaning of the 24 nautical miles surrounding the island of Diego Garcia.”

<p>This new clause requires the Secretary of State to report annually to the Intelligence and Security Committee about the security of the military base on Diego Garcia and the security of the buffer zone.</p>

NC6

To move the following Clause—<br> <b>“Report on the impact of UNCLOS on the operation of the Treaty</b><br> (1) The Secretary of State must report to Parliament within one year of the passing of this Act, and each subsequent year, on the impact that the United Nations Convention on the Law of the Sea (‘UNCLOS’) has had on the operation of the Treaty.”

<p>This new clause requires the Secretary of State to report to Parliament annually about the impact that the United Nations Conventions on the Law of the Sea has on the operation of the Treaty.</p>