Diego Garcia Military Base and British Indian Ocean Territory Bill

Baroness Hoey Excerpts

Tuesday 25th November 2025 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

I respect what the noble Lord says and he knows what he is talking about. I also respect what the noble Baroness, Lady Goldie, asked for in requesting four statements. We should be asking for statements rather than changes to the text of a treaty. We voted in July for the ratification of this treaty; we cannot ratify the treaty until we pass this Bill, and we should pass the Bill.

[Baroness Hoey (Non-Afl)]

My Lords, I wish to speak to my Amendment 54. I must say to the noble Lord, Lord Kerr, that I think we are all pleased that we are where we are. It seems very strange to say that we cannot be discussing the Bill—that was almost the way it was put.

My amendment really follows on a little from what the noble Lord, Lord Weir of Ballyholme, talked about. During Committee in another place, concerns were expressed that other countries may seek to lease individual Chagos Islands and reference was made to reports that India and China were in consultation with the Republic of Mauritius. At that time, the Minister of State at the Foreign, Commonwealth and Development Office, the honourable Member for Cardiff South and Penarth, responded robustly. He stated:

“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”.—[Official Report, Commons, 20/10/25; col. 686.]


What is this great protection to which he referred?

Noble Lords will find that in paragraph 3 of the first annex to the Mauritius treaty. It states:

“In accordance with this Agreement, in respect of the Chagos Archipelago beyond Diego Garcia, Mauritius agrees”—


this is point d—that,

“except in circumstances of necessity for a response to a humanitarian emergency or natural disaster in instances where the United Kingdom or the United States of America is unable or unwilling to provide such a response, Mauritius and the United Kingdom shall jointly decide on authorisations permitting the presence of non-United Kingdom, non-United States or non-Mauritian security forces, either civilian or military”.

I cannot see anything there to validate the Minister’s assertion that the treaty

“expressly prohibits”

foreign forces building bases on the islands. What it says is that they cannot do so without the agreement of the UK Government.

For me, this presents two real concerns. First, and most importantly, there is nothing in the treaty to provide any kind of safeguard in relation to the leasing of islands for purposes other than security and defence. This would leave the door wide open for other countries to seek to lease the islands, ostensibly for purposes other than security and defence. The argument made by the Minister in the other place was that the suggestion that there was a problem was nonsense. It seems to me to be very well founded. The extraordinary thing about these provisions is the fact that they relate to islands of immense geostrategic importance, yet the protections in relation to them are effectively non-existent. That seems very complacent to me.

There is nothing to prevent a hostile country leasing an island and either combining security and defence purposes with others, in the hope of hiding the former, or on beginning with non-security and defence purposes and then changing over to them. Can the Minister tell me how that could be prevented? What would happen if an island is leased for non-security and defence purposes, yet it subsequently becomes apparent that it is being used for those purposes and that the country has dug in well and has no intention of relinquishing the islands? How could they be dislodged? Would the Minister here like to respond on that? I found the suggestion from that Minister in the Commons that there are no presenting difficulties quite alarming. It suggested a certain otherworldliness with a high degree of disconnection from political reality.

Secondly, the other difficulty is the completely opaque nature of the protection that is provided and the lack of parliamentary scrutiny. At the moment, we would have no knowledge about when or if approaches were made by the Republic of Mauritius to seek UK agreement for other countries to use other islands, and we need to know that. My Amendment 54 would address this concern by requiring the Minister to develop regulations stating that before the UK can agree to a proposal from the Republic of Mauritius—made under Annex 1(3)(d) of the treaty—that any island other than Diego Garcia be used for security and defence purposes by another country, that proposal must be brought to Parliament and endorsed by a vote of both Houses. Will the Minister give me a reason why that should not happen?

In ending, I will ask at this stage about the point made in the debate on the fourth group about whether the Government were asked to give their consent before the deal between Mauritius and India was done. I am not sure that we got a response to that. It was going to give India a defence presence. I would really like to know how long the Government knew before that happened. Did they know and when did they agree to it?

[Baroness Foster of Aghadrumsee (Non-Afl)]

I will speak to my Amendment 81J on behalf of all those who have written to me, urging the House of Lords to look again at the security implications of the Bill. My amendment would require the Secretary of State to consult the Government of the United States before taking any action that may affect the security environment of Chagos or the operation of the facilities on Diego Garcia. It is simple, reasonable and, I think, essential. The Minister may well say that we will of course speak always and at length to our closest ally, but this amendment seeks to put that into the Bill and on a mandatory footing.

We are all aware that Diego Garcia is not an ordinary base; it is the backbone of US and UK operations in the Indian Ocean, the Middle East and east Africa. It is critical for surveillance, early warnings, carrier support and global rapid deployment. Hundreds of thousands of British and American personnel have depended on it for missions authorised by this country, but the Bill does not have any statutory requirement even to consult with the ally whom we seek to stay closest to. Of course, the US is not a passive observer; it is a treaty partner that has kept those waters free from extremism, piracy and hostile influence for decades. Therefore, this is a straightforward amendment. I will not prolong the debate, because I can see the Whips getting nervous. Unfortunately, this is a rather large group of amendments, but I thought that it was very important to speak to my amendment. I hope that it will be considered by the Committee.

--- Later in debate ---

[Lord Callanan (Con)]

My Lords, this amendment seeks to prevent the United Kingdom being responsible for asylum seekers and refugees arriving in the Chagos Archipelago.

In moving this amendment, it is important that I remind the Committee of the background to this issue. In October 2021, a group of Tamil speakers who were apparently seeking to travel to Canada, bizarrely, by boat, foundered in the Indian Ocean and were escorted to Diego Garcia. These were the first people to claim asylum on Diego Garcia, they were kept on the island for several years and, in October 2024, the Government confirmed plans to relocate them to the UK for their legal claims to be processed. At the time, the Government said that this was to provide the asylum seekers with “greater safety and well-being”.

On 3 December 2024, it was reported in the Guardian—and of course I always believe everything that is reported in the Guardian—that lawyers and those campaigning for the asylum seekers to be relocated called their arrival in the UK a “big day for justice”. One of those interviewed by that newspaper—and we always believe what the Guardian says—was quoted as saying:

“We cannot believe we are finally in the UK … We feel we have reached paradise”.


My amendment seeks to probe the approach that would be taken to any future arrivals on the Chagos Archipelago. Will they be handed to Mauritius, to which the Government want to hand over sovereignty, or will they be handled by the British Government under this treaty? Has the Minister’s department made an assessment of the risk of the Tamils’ arrivals being transferred to the UK, opening another front in our fight to tackle illegal immigration? I do not expect the numbers to be great—I hope that they will not be great—but we need an answer on this important subject.

I also welcome Amendments 27 and 36 in this group, tabled in the names of my noble friend Lord Lilley and the noble Baroness, Lady Hoey, respectively. This is clearly something that noble Lords across the Committee are concerned about. I cannot imagine that this subject was not discussed with Mauritius during the negotiations, but I look forward to the Minister giving us some clarity on this issue and telling us whether these factors were in fact discussed with Mauritius. I beg to move.

[Baroness Hoey (Non-Afl)]

My Lords, I will speak to my Amendment 36, which, as the noble Lord mentioned, relates to asylum seekers who arrive on Diego Garcia, or anywhere on the Chagos Islands. Its purpose is very simple: it ensures that, if any person fleeing danger or persecution lands on those shores, they will not be subjected to unlawful detention, denial of due process, or the kinds of conditions that a British judge has already found to be in breach of international law.

I got a very nice personal letter from a native Chagossian, saying:

“We were exiled from our islands once, but we must not watch new injustice happen on our shores again. Anyone who arrives in our homeland must be treated with dignity. No one should suffer in the Chagos as we once did … As a native islander, I insist that any asylum seeker reaching the Chagos must have their rights respected. We were once denied justice. We cannot allow injustice to happen again in our name”.


Of course, the background has already been mentioned by the noble Lord, Lord Callanan—that in late 2021 more than 60 Sri Lankan Tamils were intercepted at sea and brought to Diego Garcia after their vessel was found in distress. Those individuals, many of whom intended to seek asylum in Canada, were accommodated for almost three years in a fenced compound on the island. This was not a temporary holding area; it became a long-term camp. The conditions are a matter of judicial record. The British Indian Ocean Territory Supreme Court found that the asylum seekers were effectively held in unlawful detention. The acting judge described the camp as

“a prison in all but name”

and said it was unsurprising that the individuals felt they were being punished. Evidence presented to the court documented leaking tents, rodent infestation, extreme heat, restricted movement, repeated incidents of self-harm and at least one mass suicide attempt. Some were warned that leaving the compound would expose them to the risk of being shot on security grounds. Those words are not mine—they were the court’s findings.

We also now know, again from the court’s judgment, that progress on their protection claims was impeded because of political factors, including concerns within the Home Office about the Government’s Rwanda policy. Rwanda seems to get mentioned everywhere. The effect of that delay was that these individuals were kept in a camp, in extreme conditions, for far longer than should ever have been contemplated. Most have now been brought to the United Kingdom, as has been said. I think that my noble and learned friend Lord Hermer was involved in that before he became Attorney-General. The Government described this as a one-off transfer and said that Diego Garcia would not be used again for long-term processing, but it remains the case that nothing in statute today prevents a future commissioner, Minister or Government using the islands in exactly the same way, should another vessel arrive. That is why this amendment is necessary; it gives effect to what the United Kingdom is already legally bound to do and ensures that any transfer to Mauritius or any other state happens only under an agreement that guarantees humane treatment, full rights of appeal and compliance with international law. These are not new standards; they are the minimum standards that the United Kingdom already owes to any asylum seeker, regardless of geography.

This amendment also speaks to something deeply felt by the Chagossians. The Chagossian people know what it is to be held without rights; they know what it is to have decisions made about their lives thousands of miles away; and they know what it is to be told they have no voice in decisions taken on their own islands. They have told us repeatedly that they do not want Diego Garcia, or any part of the Chagos Archipelago, to become a place where other vulnerable people suffer in silence.

There is also a simple and moral point. The only civilians permitted to remain long-term on the islands in the past decade were not the native Chagossians but asylum seekers confined in a manner that a British judge found to be unlawful. That fact alone should give the Committee pause for reflection. It was perfectly okay for asylum seekers to be on Diego Garcia but not the original Chagos people.

This amendment seeks to ensure that asylum seekers under Mauritian jurisdiction must have binding guarantees for monitoring, appeal rights, independent oversight and humanitarian standards. The Chagossian community has raised serious concerns about the treatment of vulnerable people already in Mauritius. These concerns cannot be dismissed and certainly cannot be ignored. The Government now intend that asylum seekers arriving in Chagos should be sent there.

This amendment does not oppose the transfer of asylum seekers. It does not dictate the policy of future Governments; it simply ensures that the mistakes made between 2021 and 2024 can never be repeated on British responsibility. It ensures that any person arriving on those islands is processed humanely, lawfully and with respect for their basic rights. For the Chagossians, who were themselves displaced without rights, this is not an abstract principle. It is an affirmation that the islands they still regard as home will not again be a theatre for human suffering. It is a modest and necessary amendment, which is fully consistent with our international obligations and our national values. I therefore commend it to the Committee and urge noble Lords to support it.

[Baroness Chapman of Darlington (Lab)]

My Lords, Amendments 19 and 27 from the noble Lords, Lord Callanan and Lord Lilley, now in his place, seek to ensure that Mauritius will be responsible for any illegal migrants who may arrive at Diego Garcia. These are important amendments, and it is helpful that they have been tabled to allow us to clarify this point. I can reassure both noble Lords that the treaty already ensures Mauritian responsibility and closes a potential—as they correctly identify—illegal migration route to the UK. Mauritius, as the sovereign state and as specifically referenced under Annex 2 of the treaty, has jurisdiction over irregular migration to the Chagos Archipelago, including Diego Garcia.

To the extent that the noble Lords, Lord Callanan and Lord Lilley, through their amendments are seeking clarity on the arrangements with Mauritius to put that responsibility into practice, I can assure them that the UK Government are already in the process of agreeing with Mauritius the separate arrangements referenced in Annex 2 paragraph 10 of the treaty, to assist and facilitate in that exercise of Mauritian jurisdiction. These are ongoing negotiations on which I will not provide a running commentary; suffice to say that there will be no need to force the Government to provide a report on the negotiations.

Amendment 36 from the noble Baroness, Lady Hoey, is another helpful amendment. It seeks to ensure that any arrangement entered into with Mauritius regarding migrants ensures the humane treatment, full rights of appeal and compliance with international law of any asylum seeker or refugee. It is an important amendment, and I can confirm that the Government will, of course, ensure that any arrangement we enter into will comply with applicable international law and our domestic obligations. For that reason, I think that the amendment is unnecessary, but I thank her for tabling it and allowing us to make that clear. I hope that noble Lords will not press their amendments.