Diego Garcia Military Base and British Indian Ocean Territory Bill

(Limited Text - Ministerial Extracts only)

Committee of the whole House
Monday 20th October 2025 Commons Chamber

[Wendy Morton]

My hon. Friend is 100% right, and that is one of the reasons why we oppose this Bill and have done so from the very start.

The promises given by Ministers that nothing can happen in the Chagos archipelago that threatens our interests are already being undermined. Mauritius is in discussions with India about a security role that it can play in the archipelago, and the UK is not even in the room. If these discussions with a friendly country are taking place without the UK, one can only wonder what discussions are taking place in secret with China and Russia. There has been a report that China is already negotiating with Mauritius for Peros Banhos. When he speaks, perhaps the Minister can tell us what he knows about that.

[The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty)]

I want to say on that point that this is absolute nonsense. Is the shadow Minister willing to provide any evidence that that is going to take place? This treaty protects the security of the outer islands and expressly prohibits foreign forces building bases on them—something on which her Government did not succeed in their negotiations.

[Wendy Morton]

I am grateful to the Minister, but can he actually give me the reassurance that no discussions are taking place? Perhaps he can answer that question when he responds to the debate later.

The promises given by Ministers that nothing can happen in the Chagos archipelago that threatens our interests are already being undermined. If these discussions with a friendly country are taking place without the UK, I can only wonder what discussions are taking place in secret. If such discussions are taking place, that would undermine the assurances Ministers have given to this House and be an act of bad faith on the part of Mauritius. The House knows that this Government kowtow to the Chinese Communist party, leading it to threaten our interests here. Now, they are failing to take seriously the warnings about China, and the threats it poses to Diego Garcia, our military assets and our interests in the Indo-Pacific.

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[Wendy Morton]

I think my right hon. Friend makes some very interesting points, and perhaps not surprisingly, one might ask the question: are the Government sleeping with the enemy here?

[Stephen Doughty]

Will the shadow Minister give way?

[Wendy Morton]

If the Minister will allow me, I will just finish this point. The key thing we are asking for is a reassurance from the Minister, and he will have more than ample opportunity later to respond to the points I am making.

[Stephen Doughty]

I thank the shadow Minister for giving way, but she and the right hon. Member for Beverley and Holderness (Graham Stuart) have raised China, Russia and Iran. Why does she think that the United States, our closest security ally, backs this deal if there is any possibility of any of the fantasy things she is suggesting taking place. They cannot take place, because the treaty prevents them. She clearly has not read it.

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[Wendy Morton]

I am not sure where the hon. Gentleman has been for the past year and several months, but we have gone over this time and again in this Chamber. There was no legal basis. We stopped—[Interruption.] Maybe I will repeat this very slowly for his benefit: we stopped the negotiations.

[Stephen Doughty]

I thank the shadow Minister for giving way, but I must, Ms Nokes, correct the record here. This has been a repeated argument, by the shadow Minister and others, claiming that the then Government stopped the negotiations. They did not. In fact, they carried them on. There was a gov.uk statement on 24 February reflecting the continuing of the negotiations by the former Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak). Indeed, they carried on into May, just before the election. It is there in writing on the previous Government’s own website.

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[Wendy Morton]

I am going to make some more progress.

[Sir Andrew Mitchell (Sutton Coldfield) (Con)]

My right hon. Friend is doing a very good job of forensically demolishing the Government’s case, such as it is. May I just correct what the Minister has said from the Dispatch Box? There is a very great difference between carrying on and discussing negotiations, and doing a deal. As I was the Deputy Foreign Secretary under both my right hon. Friend the Member for Braintree (Sir James Cleverly) and my noble Friend Lord Cameron, I can tell the House that the then Government would never, ever have done this deal. Secondly, I do hope my right hon. Friend will probe the Minister further on where this extraordinary amount of money is coming from. Is it the defence budget or is it the development budget? Since the Labour party—a Labour Government—has slashed development spending from—

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. That is a very long intervention. Perhaps the shadow Minister should take over.

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It does not matter what the Minister says about what is in the treaty; Mauritius will not honour the terms of this treaty. Mauritius is poor. It is on the verge of bankruptcy. It will be bought by Chinese money, and China is negotiating leases already. If you want further proof of what will upset the American President, Huawei, which of course he railed against getting into the UK’s 5G system, is already installing its “safe city” cameras all over Mauritius. None of this makes any sense. I do wonder what the role of our National Security Adviser, Jonathan Powell, is in all of this.

[Stephen Doughty]

I am surprised that the hon. Gentleman has the gall to come here and talk about national security today, when the former leader of his party in Wales admitted to taking bribes from Russia, and when again he has been using talking points that come right from the Kremlin in blaming NATO for Russia’s invasion of Ukraine—absolutely shameful. The Mauritian Attorney General was interviewed on Mauritian TV today, and he said regarding the hon. Gentleman’s tweets claiming that Mauritius was negotiating a lease on Peros Banhos that that was a gross falsehood and a political gimmick. The hon. Gentleman talks about the United States. The Secretary of War, Secretary Hegseth, said:

“Diego Garcia is a vital military base for the United States.

The UK’s…deal with Mauritius secures the operational capabilities of the base and key US national security interests in the region.

We are confident the base is protected for many years ahead.”

Why is the United States backing this deal, if anything that the hon. Gentleman says is true?

[Nigel Farage]

I can assure you that America is not backing this deal. What it is saying is, “What we have is what we hold.” That is the American attitude at the moment, but as I said, when it wakes up to the satellite observation deal done with India already, as reported in The Economic Times of India on 12 September this year, and once you realise—

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[Graham Stuart]

My right hon. Friend makes an extremely powerful point. The Henry VIII powers in the Bill are not limited at all. I heard so many complaints when I was a Minister from the Labour party about Henry VIII powers. The Bill literally gives Ministers the ability to change any existing piece of legislation in any sphere whatsoever if it is necessary to implement this deal. There can never have been a Henry VIII power as powerful as that given to Ministers by this legislation, which is all to do with the surrender of Chagos and the transfer of tens of billions of pounds to a foreign power—a foreign power that is in a strategic partnership with China and in close workings with other countries that are not on our side. What on earth was the Prime Minister thinking? As the Minister lay in bed last night tossing and turning in anticipation of the debate, I am sure that that was the question that went round and round in his head.

So many questions remain to be answered. Why did the Prime Minister say that the payment would be £3.4 billion when the Government’s own offices now show that it will be at least £35 billion? Is this the most important strategic base in the Indian ocean? Can the Minister confirm that Diego Garcia is effectively a US base, manned by thousands of Americans, with at most a few dozen Brits there in liaison? If this is in fact a United States base and not operationally—

[The Minister for Defence Readiness and Industry (Luke Pollard)]

It is a joint base.

[Graham Stuart]

It might be a joint base technically, but what is it in reality? I would love an intervention from the Defence Minister; he could tell us. How much do we use it operationally, because there are thousands of Americans there and, as I understand it—unless he corrects me—at most dozens of Brits. In other words, it is a United States base on sovereign UK territory that we will pay tens of billions of pounds for over the next 100 years to provide it to the Americans for free. It makes no sense, and I do not see why we have had no answer from Ministers as to why that is a sensible use of public money.

[Stephen Doughty]

rose—

[Sir Julian Lewis (New Forest East) (Con)]

rose—

[Graham Stuart]

I will give way to the Minister and then to my right hon. Friend.

[Stephen Doughty]

I thank the right hon. Gentleman for his generous comments. He and I have always had robust but friendly discussions on many issues. However, I do have to correct him on this point. The US pays for the operations, and the value to the British taxpayer, the US taxpayer and, indeed, all our allies is priceless in that it protects the people of this country from multiple threats, so what he says simply does not make sense.

[Graham Stuart]

The United States plays a critical role as a member of NATO and as a key ally—if not the key ally—of ours, but despite the priceless nature of the service it provides, we do not typically pay for it. We do not normally pay for its bases; we pay for our own.

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[Danny Kruger]

I understand, Madam Chairman, and of course you are quite right. The point I was making is that there has never been a Government who are so reluctant to govern as the one we have today. We have heard from hon. Members how baffling the decision is to surrender the Chagos islands. The only rational reason that could account for it is some kind of secret deal with China. I do not know if that is the case. The Government’s obeisance to international law might well trump national sovereignty, and in fact there is no rational calculation behind this decision except that of submission to their ideas of international law.

[Stephen Doughty]

Again, I have to take serious issue with what the hon. Gentleman is suggesting. If what he is suggesting is true, why do the United States, our Five Eyes partners, and other key allies support this deal? It protects our national security, and it secures the base on Diego Garcia. Why would they support it? There is no secret deal—this is absolute nonsense.

[Danny Kruger]

I am grateful to the Minister. I suspect there has been a private conversation with the American Government as well, and that in recognition of the fait accompli that this Government have yielded to Mauritius, the Americans have extended this somewhat limited statement of support for the deal as some kind of favour to the Prime Minister, in exchange for support he has given them on other matters. The fact is that this deal is bad for Britain and bad for Britain’s sovereignty, and behind the scenes we know that the Americans do not support it.

I want to talk about secret deals, because my only addition to the debate—very powerful points have been made already—is to say that secret deals have been done with respect to the Chagos islands in the past. Under the 30-year rule, archival evidence has come out recently of a secret deal with respect to the base at Diego Garcia between the British Government of the day—the Thatcher Government—and the American Administration. That deal was done in the national interest. The renewal of the nuclear deterrent—the Trident programme—was being set up, and there was an agreement with the Americans whereby they could expand their access and the use of Diego Garcia in exchange for a reduction in the fee, essentially, that the British Government were charged for collaboration on the Trident programme. We had to pay significantly less than we would have paid otherwise because of the expanded access that we were giving to the Americans in those years. It was called the Diego-Trident package in the negotiations and the correspondence between the British and the Americans at that time. It was kept quiet for understandable reasons, and we only know about it now. I worry that there is a similar lack of transparency around this deal because, as I say, it cannot possibly be a deal that is in the national interest.

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[Dr Evans]

As ever, my learned right hon. Friend has pipped me to the punch. That is exactly a good example of the kind of sites we are worried about. What has that meant? We have taken on British nationals overseas and invited them in to give them security, because they feared for political interference and, worse still, for the safety of themselves and their families.

We are not doing our duties if we are not thinking about these things, because, as we have already seen, it is hard enough to predict things in two or three years’ time, let alone 100 years. At that point, as it is written, we will get the best offer, but it will be only offered to us. We could be outstripped by China, Russia or a BRIC country in the future—we do not know; it is 100 years away—and there is no mechanism to solve that. Worse still, Mauritius could simply say, “We do not want a base here at all,” and there is nothing in this Bill that would stop that. The Government repeatedly have been asked those questions, and they cannot set that out. That is why new clause 2 asks for those impacts to be considered and looked at.

New clause 3 would move the marine protected area. I will return to a point I made earlier. The fact is that when Britain and the United Kingdom were taken under UNCLOS in 2010 by Mauritius under annex VII, we wanted to implement protections in the area. Mauritius felt that that impeded on its ability to make its own decisions, which the court found in favour of, and it also wanted to fish in the area. Hang on a second! We are putting weaknesses into this Bill when we know that Mauritius has set its intent. I hope it has moved on, as the debate on climate has, but this new clause would be a guarantee to ensure that that has been thought about.

Let me turn to new clause 5. I appreciate the Minister stepping up, because there has already been debate about the Peros Banhos islands, and he has said there are no concerns that they will be leased to China. Let us be real: this Bill has only just come out—the ink is barely dry—and we already hear stories. Many journalists have already talked about this issue. Maybe I am wrong, but that shows the examples of what could and will come without paying attention to the security and the geopolitical and strategic advantage that these islands have, which my hon. and gallant Friend the Member for South Shropshire (Stuart Anderson) talked about. All new clause 5 asks us to do is ensure that that is reported on and looked at. Again, there is a dereliction of duty by not having that reported.

I could go on, because there are many more amendments, but the salient points in this debate have been made. All the amendments tabled in the names of Conservatives— and, to be fair, in the names of Members of many other Opposition parties—ask for one simple thing: transparency and explanation. They ask for a simple way of seeing what the legal advice does and where the financial outcome comes.

[Stephen Doughty]

indicated assent.

[Dr Evans]

The Minister is nodding along, but there must be something wrong if the public and Opposition Members cannot simply understand the arguments for what is being put in place. We cannot see the wood for the trees. It is a Government’s duty to show those arguments, and I look forward to the Minister doing that in his response and putting these arguments to bed once and for all. Otherwise, the British public will not forgive him.

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[Sammy Wilson]

A deal of such implication, one would have thought, would have been hotly debated in this House, yet as has been pointed out, there has been no attempt to defend it by the Government. In fact, one could hardly call this a debate—it has all been one-sided. In a debate, people usually argue in favour of whatever the proposal happens to be and listen to and rebut the arguments from the other side. We have had no rebuttal from the other side—the Government—today, despite the fact that this is such an important deal.

For some people outside the House, this deal might seem to be an unimportant issue—where are the Chagos islands, and why do they matter? However, even if the attitude taken by Government Members is to say, “Our constituents are not all that interested in the issues around the Chagos islands,” there are issues with this deal that have been raised this evening that should concern them all.

Let us look at the issues, because they are addressed by the amendments. The first is human rights—the human rights of the people who were displaced in the 1960s and who are ignored in this deal. Their rights to self-determination and to decide where they live are being ignored, yet we are not getting any response from the Government—the party that talks about human rights all the time. They say that we cannot leave the European convention on human rights because human rights are so important, but they are ignoring the human rights of the people who are affected by this deal.

[Stephen Doughty]

Will the right hon. Member give way?

[Sammy Wilson]

Since we are going to have a debate, I will listen to the Minister.

[Stephen Doughty]

I thank the right hon. Member for giving way. He says that he wants a debate, and I have given a number of rebuttals. He mentions the Chagossians, whom I will come to in my concluding remarks. I respect what he has to say, but I point him to remarks from the Chagos Refugees Group, which said in its communiqué to all of us: “We urge all Members of Parliament to support the Bill at its final stages and deliver long overdue justice to all our people. Passing this Bill will mark a turning point and the moment when Parliament stands on the right side of history and begins to restore what was unjustly taken from us.” There are a range of views within the Chagossian community, and I think it is important that those are put on the record.

[Sammy Wilson]

Of course there are many who take a totally different point of view and whose wishes are not reflected in this Bill. The amendments that have been tabled to seek to remedy that situation are being ignored and opposed by the Government.

The second issue is the economy. On a regular basis, we hear how difficult the fiscal position is for this country—black holes we have to fill by taking money off pensioners, reducing benefits, cutting here and cutting there, and taxing people to the hilt. Yet when amendments are tabled that simply request transparency and the opportunity to look at the expenditure involved in this treaty, we hear no support from the Government. Either we are concerned about the fiscal position of this country or we are not. I would suggest that £35 billion—and rising—is a significant figure that we should be looking at.

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[Jim Shannon (Strangford) (DUP)]

Thank you for allowing me to speak on this issue once again, Ms Ghani. I will prefix my comments with this. It is always good to see the Ministers—the Minister of State, Foreign, Commonwealth and Development Office, the hon. Member for Cardiff South and Penarth (Stephen Doughty) and the Minister for Defence Readiness and Industry, the hon. Member for Plymouth Sutton and Devonport (Luke Pollard)—in their place. They are both honourable men whose friendship I value. Being ever respectful, and with great respect to both hon. Gentlemen, I wish to make some comments that will be very contrary to what they have put forward today.

It will be no surprise that I rise at the last hour and as the last Back-Bench speaker—that is often the case, but none the less it is always a pleasure to make a contribution —to ask the Government again to reconsider their decision and ask the Committee to oppose the Bill, even though I know that the numbers game does not stack up.

As we all know, the treaty provides for Mauritius to exercise full sovereignty over the Chagos archipelago, with the UK exercising rights on Diego Garcia during an initial 99-year period. Over those 99 years, the UK will pay Mauritius a total of around £3.4 billion in 2025-26 prices, and that will probably rise. At a time when the Government are taxing farmers, taxing widows’ pensions and taxing the middle class into oblivion, handing over £3.4 billion with a benefit that is not tangible is unacceptable. Our constituents will be worse off in the next financial year. Indeed, a typical British family are as much as £15,000 a year poorer than they were five years ago, according to recent Telegraph Money analysis. Why, then, have we entered into this agreement, which may fluctuate and cost substantially more than the figure that has been predicted?

I want to make it clear that I believe this treaty should be renegotiated from beginning to end, but if the Bill is to go ahead, it is essential that any increases in payments should come through this House, and that whatever Government are in place at that time should present that. I therefore support new clause 1, which would give certainty and security that increases would not take place without the approval of this House.

Turning to new clauses 2, 5 and 7, I have long stated that there are now substantial risks to our military bases, and that has been reiterated by every person bar one in the Committee today. I am anxious to understand our legal standing on this. I believe it is right and proper for the Committee to understand the nature of how renting from Mauritius will give us the safety and security needed to ensure that those stationed on the base, or relying on support from the base in that area, will not feel vulnerable or exposed. I believe that this deal does expose us, and that we need to be very much aware of our standing and take the necessary steps. That begins with having full knowledge and not simply empty assurances. The recent debacle with the Chinese spies decisions has shown that openness, transparency and accountability are needed even more tonight than they have been in the other statements and urgent questions today. New clause 2 would enforce that as a minimum.

New clause 9 is similar to new clause 8, tabled by the hon. and learned Member for North Antrim (Jim Allister) and my right hon. Friend the Member for East Antrim (Sammy Wilson). I support new clause 9, given its similarity to the new clause brought forward by my Northern Ireland colleagues, who are intimately aware of how issues on the ground can be vastly different from those that are reported. This addition to ensure that a report is made on the compliance of the treaty and the Act with the UN General Assembly resolutions on decolonisation is vital and, I believe, underlines the words of support that have been given to those in the area who are fearful of the removal of British influence and support and fearful of the Mauritian ideals, which were flagged by our American allies in their human rights report in 2023.

As the chair of the all-party parliamentary group on international freedom of religion or belief, I know that the two issues of human rights and persecution are married together as one, because when we highlight the issue of human rights, we also highlight the issue of persecution of religious beliefs, and vice versa. I really have to express some concerns over human rights in this context. I understand that the Minister of State, Foreign, Commonwealth and Development Office, the hon. Member for Cardiff South and Penarth will reply to the debate. Although I believe he understands and believes in these issues as strongly as I do, I still have great concerns about human rights. It is essential that we do not simply hand over control and abandon not just the military base but all in the region who have relied on our support and friendship over the years.

Unfortunately, this has been a bad treaty from beginning to end. Our Chagossian citizens remain unhappy, our armed forces remain unhappy and the families who are footing the bill are unhappy. I believe that the Government have made the wrong decision on this. The recent Chinese debacle has heightened the need to continue to have boots on the ground and eyes wide open against those who would seek to thwart British interests and the interests of freedom and democracy worldwide. We have recently seen the result of appeasement when the Israeli Deputy Prime Minister highlighted the difficulties brought about by this Government’s decision to recognise terrorism and a Palestinian state with no borders, no working non-terrorist Government and no social care system. The handing over of Chagos and renting it back will prove to be a costly and dangerous exercise in capitulation, and even at this very late stage I urge the Government to think again and, at the very least, accept additional protection for the sake of all our collective security.

[Stephen Doughty]

I thank all hon. and right hon. Members for their contributions. I will attempt to respond to the specifics of the amendments and new clauses in due course, but I want to come back to some of the fundamental points that have been raised during the debate first, and I also want to respond to some of the specific questions that were raised.

With the exception of some genuine questions in relation to the Chagossians, the MPA and the environmental protections, and the implementation of this treaty, it was a shame to see the rehash of the same arguments that were made on Second Reading. There were some outrageous and nonsensical arguments and claims, particularly relating to the costs and to other matters, which I will come to.

I was shocked by some of the anti-American, conspiracy-fuelled nonsense that we heard at various points during the debate. The base is critical to the United Kingdom, the United States, our allies and our national security, and the Bill and the treaty protect the functioning of that base. It does not surrender it; it secures it into the future. This is a Government who inherited a mess from the former Ministers on the Opposition Benches. We are getting stuff done. We are a patriotic Government; our first duty is to protect the national security of this country, and that is why we have got this deal done. It is why it is backed by the United States. It is why it is backed by our Five Eyes partners. It is absolutely crucial to protect the British people and our allies.

We have been very transparent about the reasons for it, and they are the exact opposite of what has been suggested. I come back, as I always have done, to the fundamental question: if there were not a problem and a risk to the operations of this crucial base, why did the previous Government start the negotiations, why did they continue them through 11 rounds of negotiations, and why did they continue them right up until the general election? Those are the facts.

[Dr Evans]

Will the Minister give way?

[Stephen Doughty]

I will happily take interventions, but first I want to respond to the points that have been made. This agreement has been backed by our key allies and international partners, including the US and our Five Eyes allies. India, Japan and South Korea have also made clear their strong support.

Many questions were asked about the robust security provisions that we have in place to protect the UK and the base for decades to come. The treaty and the Bill secure full operational control of Diego Garcia, a strict ban on foreign security forces across the archipelago and an effective veto on any activity that threatens the base on Diego Garcia. It has been welcomed by the International Agreements Committee and the International Relations and Development Committee in the other place, which said that they

“were assured that the Agreement preserves the UK’s and the US’s freedom of action.”

The legal rationale has been referred to many times, but legally binding provisional measures from the courts could have come within weeks, for example, affecting our ability to patrol the waters around Diego Garcia, and even if we did not comply, international organisations and other countries would. We have set out the legal rationale on a number of occasions. We have been very clear. We also published documents around it.

[Paul Holmes]

Will the Minister give way?

[Stephen Doughty]

I will respond to some points first. Hon. Members have had plenty of time to make their case. I have also responded to many of their points during the course of the debate, and I am going to respond to the questions.

China has been raised erroneously on many occasions, but we have negotiated robust security provisions to protect the UK and the base for decades to come, and that includes a strict ban on any foreign security forces, including the Chinese, across the archipelago.

The question of finances was raised by a number of Members, and indeed a number of the amendments refer to it. I have to be absolutely clear, as I was on Second Reading: the £30 billion to £35 billion figure quoted by some from the Opposition is totally inaccurate and wildly misleading. It is utterly wrong to ignore the effects of inflation and the changing value of money on the real costs of a deal that lasts 99 years. We published the full costs alongside the treaty. [Hon. Members: “How much?] They ask how much. I have been very clear about that throughout the debate and at the earlier stages. The average cost per year in today’s money is £101 million, and the net present value of payments under the treaty is £3.4 billion. Just for comparison, the costs compare favourably to other international basing agreements. France, for example, as I said, recently announced an €85 million a year deal with Djibouti. This base is much larger and has much more capabilities, so it compares very favourably.

Conservative Members ask about costs. The total expected cost of the treaty using that NPV methodology, which is the same that has been agreed by the Government Actuary’s Department and others, is just over one third of the value lost by the Department for Health and Social Care under their Governments on PPE that was wasted in the first year of the pandemic, if they want to talk about costs and wasting money. This is a clear investment in our national security. We will not scrimp on our national security, and we will not apologise for keeping our base safe.

[Dr Evans]

Could the Minister give any example worldwide where NPV has been used for sovereignty purposes?

[Stephen Doughty]

I have been clear throughout. We have set and published the methodology. It has been backed by the Office for Budget Responsibility, the statistics regulator and others, and I am happy to set that all out again in writing for the hon. Member if that would be helpful.

I was quite surprised to hear some of the unfortunate remarks made by some Members about the United States and its commitment to this base. The United States pays for the operating costs. We have a crucial national security relationship, which keeps us, the United States and our allies safe. This is a joint base on Diego Garcia. It is absolutely right that those arrangements are in place. As I said, the value from the capability of the base is priceless. This is absolutely the right investment to make.

I was appalled by some of the comments being made. I remind the Committee that President Trump, Secretary of War Hegseth and Secretary Rubio have publicly supported the treaty, as have Five Eyes partners and others.

[Richard Tice (Boston and Skegness) (Reform)]

Will the Minister give way?

[Stephen Doughty]

No, I will not give way to the hon. Member. He was not even here throughout the debate. His leader, the hon. Member for Clacton (Nigel Farage), is missing in action—oh, he’s turned up now. He came up with so many figures throughout this process, but he has finally turned up; it is good to see him here.

Questions were raised about the Chagossians, and I want to respond to them seriously because I recognise, as I have done, the very sincere feelings that are felt among different parts of the Chagossian community. We have heard a range of views expressed today by different Members, and I acknowledge the Chagossians who are here in the Gallery. I understand many of them will not support this treaty, but other Chagossians and Chagossian groups do support it, as we have heard during the debate. But I repeat again for the record that the Government deeply regret the way Chagossians were removed from the islands. We are committed to building a relationship that is built on respect and acknowledgment of the wrongs of the past. The negotiations were between the UK and Mauritius, with our priority being to secure full operation of the base on Diego Garcia, but we will finance a new trust fund for Mauritius to use in support of the Chagossian communities. We will work to start a new programme of visits, including to Diego Garcia. Of course, Mauritius will be able to develop a programme of resettlement on the islands other than Diego Garcia. We will continue our support to Chagossians living in the UK through new and existing projects.

[Mike Kane]

I hope the whole Committee can unite around this point. I pay tribute to the Chagossians in the United Kingdom for the contribution they make to the schools in their communities and to the Catholic churches where they live and, in my constituency, for their work at Wythenshawe hospital and Manchester airport—it is second to none. They are welcome here, and we value them very much, despite our political differences in this Chamber.

[Stephen Doughty]

I completely and wholeheartedly associate myself with those comments from my hon. Friend. I know he has been a passionate advocate for Chagossians in the UK, and particularly in his constituency, over many years. We have spoken about this matter many times, and I know he and other Members speak passionately on the matter.

[Sir Edward Leigh]

Will the Minister reply to the point made by the hon. Member for Surrey Heath (Dr Pinkerton), myself and others that not in the last 100 years since the exchange of colonies after the first world war has a people been transferred from the sovereignty of one empire to another without being properly consulted?

[Stephen Doughty]

The right hon. Member knows that we regret what happened historically in relation to the Chagos Islands. He will also know that the islands are not permanently inhabited. That was necessarily a negotiation between the United Kingdom and Mauritius.

Let me respond to the many points about the environment, on which many amendments were tabled. We are absolutely clear that the United Kingdom and Mauritius are committed to protecting one of the world’s most important marine environments. Indeed, the Mauritian Prime Minister met the former Secretary of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for Streatham and Croydon North (Steve Reed), in the margins of the third United Nations ocean conference in Nice on 9 June, where he reaffirmed his commitment to the creation of that marine protected area around the Chagos archipelago. That will be supported by an enhanced partnership with us. The treaty has been welcomed by leading conservation NGOs, including the Zoological Society of London. We continue to work with Mauritius on the implementation of that measure. We are considering seriously the many genuine concerns that right hon. and hon. Members, including the Chair of the Foreign Affairs Committee and members of the Environmental Audit Committee, have raised. They are serious and important questions, and I assure the Committee that we are taking them seriously, and I will try to update the House on them in due course.

[Graham Stuart]

I am grateful to the Minister for giving way—he is being very generous. In 2017, the clear position was that the International Court of Justice was not in a position to adjudicate on the relationship between us and a member of the Commonwealth. Has that changed, and, if so, when?

[Stephen Doughty]

We have been very clear about the legal position and the legal risk. The right hon. Gentleman’s Government knew this; it is why they started the process. I do not want to detain the Committee by going through all the arguments that I made on Second Reading—[Interruption.] But he knows that we faced the comprehensive rejection of our arguments at the ICJ in 2019, we lost votes at the UN General Assembly, we had the maritime delineation judgment binding on Mauritius and the Maldives—[Interruption.]

[The Second Deputy Chairman]

Order. I will hear the Minister.

[Stephen Doughty]

Thank you, Madam Chairman. The Opposition ask questions and then make so much noise—they do not even want to hear the answers.

I have mentioned the obligations placed on the BIOT Administration by UN bodies to cease specific activities. I have mentioned the series of procedural complications and blockages at international organisations, including the comprehensive nuclear-test-ban treaty. There are many examples of clear risks. I have explained before the potential under annex VII of UNCLOS—

[James Cartlidge (South Suffolk) (Con)]

Potential.

[Stephen Doughty]

The hon. Gentleman chunters “potential”, but is he willing to gamble with our national security? Is he willing to gamble on the operational effect? [Interruption.] Oh, he is willing to gamble! I find it absolutely extraordinary that he is willing to gamble with our national security and that of our allies. That is exactly why the United States and our Five Eyes partners back this deal: it settles that debate.

I will turn to the amendments. The right hon. Member for Witham (Priti Patel) tabled amendments 1, 2 and 7 and new clause 2 on the publication of legal advice. She will know from her time in government that it is highly unusual for the Government to publish legal advice that they have obtained. That advice is privileged, and it is important that the Government are able to take frank and confidential advice, as she well knows. In some circumstances, the Government may publish a statement of their legal position, as we did in the case of the Diego Garcia treaty, on the day it was signed. As I have repeatedly explained—Members keep chuntering about it—if a long-term deal is not reached between the UK and Mauritius, it is highly likely that further wide-ranging litigation would be brought quickly by Mauritius against the UK. It might include, for example, further arbitral proceedings against the UK under annex VII of the UN convention on the law of the sea. A judgment would be binding on the UK.

Let me turn to amendments 11 and 14. The hon. Member for Clacton, who has finally turned up but is not even listening, tabled several amendments that appear to serve no function other than wasting Government and parliamentary time. The public consultation proposed in amendment 11, and the impact assessment, would be needlessly costly and time-consuming. They would only confirm the conclusion—on which he had no answers—already reached by our closest ally, the United States, by the International Agreements Committee and the International Relations and Defence Committee, and by our Five Eyes partners. The public already know that the treaty secures the future of the critical base on Diego Garcia. The strategic value has been debated at length and is well understood. We are not willing to gamble with our national security, even if the Member for Clacton is willing to. Quite frankly, he has some gall to turn up after his comments on NATO and Russia—I find it quite extraordinary.

In amendment 13, the hon. Member for Clacton offers an ill-conceived proposal that would keep Diego Garcia listed as an overseas territory while accepting that His Majesty the King would no longer be sovereign. Not only is that constitutionally inaccurate, but in the context of the British Nationality Act 1981 it would have serious consequences for the nationality rights of Chagossians born on different islands in the archipelago. Surely his intention cannot be for individuals born on Diego Garcia to be treated differently from those born on Peros Banhos or the Salomon Islands.

Amendments 3, 4, 5 and 6, tabled by the right hon. Member for Witham and amendment 8 tabled by the hon. Member for Surrey Heath (Dr Pinkerton), seek to change or remove the statutory powers to make an Order in Council. It is, of course, absolutely right that Parliament should be able to scrutinise the use of power, which is why the Bill provides for the negative procedure to be used. The vast majority of changes that the Government will make using that power will be technical and operational amendments on matters to ensure that our domestic law is consistent with the new status of Diego Garcia—those are matters as varied as police pensions, copyright law, and changes to student finance. The proposed amendments would mean that the House would be obliged to spend valuable parliamentary time on each change to legislation for 99 years. Members surely cannot wish us to spend that amount of time on all those things, and that approach is consistent with powers taken to amend existing legislation in previously comparable situations.

New clauses 1, 11, and 10 regard the prior approval of payments. I have set out clearly the costs, and the absolutely nonsensical figures that have been put forward by the Opposition and the hon. Member for Clacton, and we wholly reject the new clauses. It is entirely usual and proper for payments under international treaties to be made under the royal prerogative, and requiring a separate distinct vote before payments can be made would create unacceptable risk for the long-term sustainability of the treaty. Without the certainty that the Bill and the treaty provide, the UK and US military would not be able to invest in vital capabilities. That would have major operational implications for the base. On new clause 11 tabled by the hon. Member for Surrey Heath, the House of Commons will scrutinise our annual estimates in the usual way, and spending under the treaty will be included in that process. New clause 10 is not necessary either.

New clauses 3, 4 and 9 are on the marine protected area. There is no requirement for the UK to consent to Mauritius establishing such an area or to its management, and that would be inconsistent with the treaty. Although the UK will be playing a different role in respect of the future MPA, both the UK and Mauritius remain committed to protecting that vital marine environment. That is why, under the terms of the treaty, we will provide technical support and assistance to Mauritius, in accordance with a separate written instrument. We will not make any additional direct payments to Mauritius as part of that activity.

On Chagossians and the right of self-determination, amendments 9 and 10, and new clauses 7, 8, 12, 13, and 14 concern the Chagossian community, and I understand and share the strength of feeling on the wider subject, and the historical treatment of the Chagossian communities. That is why the Government have put the preservation of nationality rights at the heart of the Bill. I am sympathetic to the concerns put forward about resettlement. I understand the intention of amendment 9, but it is not necessary. Under the agreement we have already agreed that Mauritius will be able to develop a programme of resettlement on islands other than Diego Garcia—I refer the hon. Member for Surrey Heath to comments from Olivier Bancoult and the Chagos Refugees Group. They have been clear that that is why they support this measure, and are urging us all to support the treaty. I also understand the questions on consultation, but as I have said, those negotiations were between the UK and Mauritius. The islands that make up BIOT do not have, and never have had, a settled population and have never been self-governing. No question of self-determination for a population therefore arises now.

New clauses 5, 6, 15 and 17 relate to national security issues, but they are simply not needed because the treaty protects our national security and secures the base. We have maintained full operational control of Diego Garcia with all the necessary rights and authorities, as well as a series of additional protections. In closing, the Bill and the treaty have been thoroughly scrutinised—

[Several hon. Members rose—]

[Stephen Doughty]

No, I am not going to give way now. There have been plenty of debates and questions, and plenty of discussion. The Government have provided all the information necessary for Parliament to hold us to account, including publishing the full costs of the treaty and the legal rationale for the deal. The International Agreements Committee and the International Relations and Defence Committee have confirmed their agreement that the Bill does what we have set out, and the Government do not take risks with our national security, as the Opposition or Reform would do. That has been our priority throughout. I reject the amendments and urge the passage of the Bill.

[Priti Patel]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 7, in clause 1, page 1, line 7, leave out subsection (2) and insert—

“(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.

(1B) The memorandum specified in subsection (1) must include—

(a) a summary of the legal advice received by the UK Government on this issue;

(b) an analysis of the status of UK's sovereignty over the British Indian Ocean Territory under international law;

(c) the legal argument for the cessation of British sovereignty over the British Indian Ocean Territory; and

(d) the risks which the UK Government may have faced had it not reached an agreement with the Government of Mauritius.

(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.”—(Priti Patel.)

Question put, That the amendment be made.

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21:44

Division 314

Ayes: 174

Noes: 321

Amendment proposed: 9, page 1, line 7, leave out subsection (2) and insert—

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21:59

Division 315

Ayes: 83

Noes: 319

Clause 1 ordered to stand part of the Bill.

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22:12

Division 316

Ayes: 318

Noes: 174

Clause 2 ordered to stand part of the Bill.

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22:25

Division 317

Ayes: 172

Noes: 322

The Deputy Speaker resumed the Chair.

--- Later in debate ---

[The Minister for Defence Readiness and Industry (Luke Pollard)]

I beg to move, That the Bill be now read the Third time.

In a world that is growing more dangerous, this Labour Government will always put Britain’s security first, and if there is one thing that Members should take away from today’s debate, it is the absolute necessity of this Bill to secure the military base on Diego Garcia, which has played a critical role in defending the UK and our allies for over 50 years. Both the treaty and the Bill guarantee the long-term, secure operation of our military base and ensure that it will continue protecting our national security for generations to come.

Let me take this opportunity to thank Members on both sides of the House for their scrutiny of the Bill throughout its passage. I am grateful to those who contributed to the vigorous debate on Second Reading in September and to those who participated in today’s Committee proceedings. I thank the International Agreements Committee and the International Relations and Defence Committee for their thorough inquiries into the substance of the treaty. In particular, I want to thank the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), for his tireless efforts in guiding the Bill through the House.

I would also like to thank the officials who worked on the Bill and the treaty, both under this Government and under the previous Government. Lastly, I would like to express my sincere gratitude to our international allies, especially the United States, for their support throughout the treaty negotiation process. Their backing was crucial in ensuring that this treaty, in the words of the US Defence Secretary Hegseth,

“secures the operational capabilities of the base…for many years ahead.”

This treaty also recognises the importance of the islands to the Chagossians. This Government respect the diversity of views within the community, so we will continue to engage with the Chagossian groups over the coming months and years. We have also committed to increase our support through new and existing projects. The US, our Five Eyes partners, India, Japan and the Republic of Korea have all supported this deal. Our adversaries would have loved to see this deal fail and the military base placed under threat, but this Government are not risking our national security, as the Opposition parties would claim we are.

Let me make it clear why we are here today. We inherited a set of negotiations started by the Conservatives. They chose to start negotiations to deliver what Lord Cameron said in January 2024 would be the

“safety, security and long-term viability of this base”.

The right hon. Member for Braintree (Sir James Cleverly) explained the objectives at this very Dispatch Box. He also said they were to

“secure an agreement on the basis of international law…to strengthen…cooperation”

with Mauritius on

“maritime security…the environment…and to tackle illegal migration”.—[Official Report, 3 November 2022; Vol. 721, c. 27WS.]

That is what this deal secures, and that is why I wish it a speedy and successful passage through the rest of its parliamentary proceedings.

Let us be absolutely clear: the Conservatives started the negotiations. They held 11 rounds, but they failed to secure a deal. It is a question that not a single Tory MP wanted to answer today: why did they start these negotiations if it was so bad? If it was such a threat to national security, why was it a Conservative Government who started the negotiations? Why did they hold 11 rounds? It was a Labour Government who secured the deal; it is a Labour Government who are going to secure the future of our military base, and that is why I commend the Bill to the House.

[Priti Patel]

Let me begin my remarks by once again paying tribute to the heroic Chagossian community who have joined us once again for this debate and have been here for a good four hours. In response to the Minister’s last point—he may have heard us say this previously on Second Reading and during Opposition day debates—no deal is better than a terrible deal, and the Conservative party would never have put this deal forward.

Throughout the process, the Government—[Interruption.] They can all make as much noise as they want on the Government benches. None of them were here—[Interruption.] They can point their fingers as much as they want; none of them were sitting here earlier to defend their Government on this terrible deal.

Let me come back to the Chagossian community, because throughout this process, they have been silenced and ignored by this Government, and they have faced decades of pain and hurt. [Laughter.] This is not a laughing matter at all. Hon. Members may want to sneer about this, but they should pay some respect to the Chagossian people, because we praise them and are grateful to them for their dignified campaign. There are some Members in this House, even on the Government Benches, who have Chagossians as their own constituents, who they have made representations on behalf of as well. I think we should thank them for the work that they have done.

I also want to thank hon. Members from across the House for their interest in this Bill and their diligent scrutiny. I say that because the Labour Government have sought to keep debates on their surrender treaty as short and restricted as possible, and we have seen that again. [Interruption.] They have not been here to contribute to those debates—what would they know? I am particularly grateful for the efforts of hon. Members who have challenged and debated the Bill, including the interest in the Foreign Affairs Committee evidence session. Opposition Members on the Environmental Audit Committee and the Science and Technology Committee spent valuable time in Select Committees—let me emphasise that: in Select Committees—scrutinising this treaty. Opposition Members have been relentless and I thank them for their forensic questioning and for exposing the scandalous way in which this Government have acted. These debates have benefited from the legal expertise and knowledge of former Ministers and Law Officers, and I am thankful to them for their contribution and support.

I also want to pay tribute to the Minister for the Overseas Territories, the hon. Member for Cardiff South and Penarth (Stephen Doughty). He has been diligent in responding to questioning, and he has probably spent more time in the House debating this issue, as well as responding to written communications, than he originally expected. He has become the Minister for defending the indefensible. Although we do disagree robustly on this treaty, we thank him and respect him for his contributions.

Let us be clear: this is a bad Bill for Britain; the Opposition will continue to oppose it, and our colleagues in the other place will give it further scrutiny. It leaves Britain weaker and poorer, it gives succour to our enemies, and it has shown the world that, under Labour, Britain is being governed by weak Ministers who appease the whims of left-wing lawyers and activists, rather than standing up for our national interest. Friend and foe alike will now see Britain as a soft touch that can be bullied by lawfare into waving the white flag of surrender, rather than proudly flying the Union flag.

For Britain’s standing in the world, for our defence and national security, and for our suffering British taxpayers, I bitterly regret the passage of this Bill. For months we have been calling on Labour to step back from the brink and ditch this mind-boggling surrender deal, but this Government have arrogantly blundered on. Britain comprehensively lost in these negotiations, the treaty and the Bill that we have considered today as a result. Ministers have squirmed and rolled over at every turn and have been eaten for breakfast by the Mauritian Government.

Let me be clear: we will oppose this Bill every step of the way in this House and in the other place. It is worth noting that within weeks of coming to power, this soft-touch Government decided that they would end more than 200 years of British sovereignty over this vital territory for our country’s security and national interest, and for no justifiable reason. We are not just giving up the islands of the archipelago; more than that, the national interest is being squandered, and so is peace and stability in that area.

The Government are asking British taxpayers, whom they have already thrashed with vindictive taxes, now to shoulder the burden of this scandalous deal, and it is simply not on. Labour Governments often bang on about the redistribution of wealth, but today they take it to a new level with the redistribution of wealth from Britain to Mauritius. How much of the money will be plundered from the Defence budget, hindering our armed forces’ ability to procure new capabilities at the worst possible time? It comes as the Minister for Defence Procurement has overseen a freeze on procurement as the world gets more dangerous, and we do know that the world is getting more dangerous. The much-vaunted strategic defence review, which Labour pledged would see off all the major threats, was overdue and underfunded—but guess what? Labour has no plan to pay for it now.

Here we are now: the Government have found it within themselves to spend £35 billion on this deal. This is not just money from down the line in the future; it is hundreds of millions of pounds each year within this Parliament. Today the Government have sunk to a new low: Labour MPs have voted against giving Parliament, this House, a say over sending £35 billion of our constituents’ money to Mauritius with no strings attached. Mauritius will now use our money to reduce its debt and cut taxes because of this Government. Labour MPs have voted to block the publication of a summary of legal advice on which the Government relied to make this dodgy deal. We might have thought that they had learnt from the current China debacle that this is not the right way, but no, they still cannot offer a sound legal explanation for why they have rushed through this deal.

The Government have refused to adopt our amendments to ensure the monitoring of how the rights of Chagossians will be safeguarded. The Chagossians, to whom we have a special responsibility, have been neglected and ignored by Labour since the election, so it comes as no surprise—and it is now a bitter blow for them—that there is no cost implication or, indeed, any good reason as to why we are going down this route.

The Government have also declined to adopt our amendment to keep the Intelligence and Security Committee apprised of the security protections in this treaty, again denying hon. Members the scrutiny to which we are entitled. It is astonishing, in the light of the national security concerns that this terrible deal now brings, and it leaves our country weaker and poorer. This is a deal that this Government and our country will come to regret.

--- Later in debate ---

22:56

Division 318

Ayes: 320

Noes: 171

Bill read the Third time and passed.