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

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>