Diego Garcia Military Base and British Indian Ocean Territory Bill Debate

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Department: Ministry of Defence

Diego Garcia Military Base and British Indian Ocean Territory Bill

Lord Ahmad of Wimbledon Excerpts
Tuesday 25th November 2025

(1 day, 3 hours ago)

Lords Chamber
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Finally, Amendment 81A calls for a report within three months of the Bill becoming law on the impact of the transfer of sovereignty, particularly on the preservation and the right to access sites of Chagossian heritage. It is a very minimalist requirement and the very least we can do. I ask the Minister to give a sympathetic ear and due consideration to this amendment, and indeed to all the other amendments I have spoken to.
Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon (Con)
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My Lords, I speak briefly in support of my noble friend Lady Foster, based on insight and experience. The Chagossian package that we, the previous Government, negotiated was for £40 million over 10 years. Part of the challenge faced by the previous Government was around administration and governance and who would have a say on how that money was spent. For example, the delivery partners included the British Council for packages on English language training. We worked with universities, including Middlesex University, on delivering skill sets for Chagossian communities, and there was some insight provided on governance by local communities right here in the United Kingdom. I share that insight and experience because it remained a big challenge as to how the money would be administered.

Perhaps I can ask the Minister about some specifics. The £40 million Chagossian support package was, as she will know, administered by the FCDO—in other words, the UK Government. In the £40 million now being proposed, that will shift, so the issue of accountability, particularly for the Chagossian people, will be a vital component. I have some probing questions on the existing schemes that are already operational. Going purely from memory, about £30-odd million had been allocated. Will those schemes run to the end of their project period? What has happened to that extra £10 million? Has it been reallocated to the £40 million now being proposed in the trust fund by the Government?

Lord Hay of Ballyore Portrait Lord Hay of Ballyore (DUP)
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My Lords, I will speak to Amendments 38A and 38B in my name and that of my noble friend Lord Weir. The amendment before the Committee in my name would require that this Government

“shall seek to permit limited commercial and chartered flights for British Chagossians to and from Diego Garcia, using the existing runway facilities”,

and is of great importance. Like many colleagues have already mentioned, the islanders themselves ought to be at the very heart of this conversation. I was privileged to receive correspondence from many members of the Chagossian community living in the United Kingdom, asking that I reflect their concerns on this issue. I believe this would be a modest but vital step towards addressing the historic injustice inflicted on the Chagossian community.

I shall explain why the Government should accept this amendment and why the Bill in its present form is inadequate without it. Noble Lords will be aware of the history of the British Indian Ocean Territory, and I do not intend to repeat it today. However, we must be continually mindful of what happened to the inhabitants of these islands from 1968 to 1973, then numbering around 2,000: they were removed from their homes so that Diego Garcia could become the site of a UK-US military base.

Since then, the Government have repeatedly recognised that these are British Overseas Territories citizens, some native, but many descendants of deceased islanders who never returned, and the Government have provided certain support measures throughout the years, or so they might contend. Yet, in spite of this, they have failed to take into account the undeniably important right of the Chagossians to have any meaningful access to their former homeland. They have been denied what we consider an expectation to return home at the end of the day.

This amendment is about more than symbolic flights; it addresses infrastructure, reconnection and justice. It taps into the Chagossian people and their campaign for representation throughout this long process, during which His Majesty’s Government have continually left them very much outside in the cold. This amendment would allow limited commercial or charter traffic, especially for the Chagossian community in the United Kingdom. This would not be a wholesale opening of the island, nor would it challenge the base operations; it would simply permit members of the community, many of whom live in the United Kingdom, to visit, reconnect and maintain their culture and family ties to the Chagossian community.

Those opposed to this amendment may argue that additional flights raise security and other major issues. I respectfully suggest that this argument cannot be used to stonewall all access. Instead, this amendment demands a managed, limited and regular scheme—for example, scheduled charters once or twice a year. Under vetting, with government oversight, this is entirely compatible with defence interests. Indeed, recognising the ties of displaced people is part of Britain’s international human rights obligations. The amendment would permit family members to see where their parents were born and to grieve, remember and connect with their roots. That matters more than any of us could ever know. It gives the Chagossian community a tangible and practical link to their homeland. Practically speaking, the Government should include reporting requirements on how many flights, who operates them, capacity and cost. We should ensure a transparent and accountable process. I therefore urge noble Lords to consider this amendment carefully. Without it, the Bill will proceed without a tangible measure of access and leave the Chagossian community with yet another broken promise.

I turn to Amendment 38B in my name and that of my noble friend Lord Weir. In its current form, the Bill fails to provide even the most basic protections for a community whose treatment by successive Governments has been one of the most regrettable chapters in our modern history. The proposal in this amendment is simple. All employment on the Diego Garcia military base must include fair and equal opportunities for the Chagossians as British Indian Ocean Territory citizens, and conditions must be in line with UK labour standards. Those conditions are the bare minimum we should expect for individuals working under the authority of the United Kingdom, particularly in the case of British Chagossians, who have just as much claim to Britishness as we do. Although the Government like to point out that Chagossians can apply for jobs on Diego Garcia, in reality very few have ever had meaningful access to stable, fair and properly regulated employment on the island. Much of the labour force is made up of contracted or sub-contracted workers from elsewhere. Where Chagossians have been employed, concerns have been raised in relation to pay disparity and unclear contractual safeguards. Without explicit protection in legislation, these inequalities will simply continue unchecked. We cannot allow that to happen.

The British Overseas Territories should reflect British values, and those include adherence to UK recognised labour standards. These standards cover fair pay, safe conditions, rest periods, paid leave and protection from discrimination. I completely disagree with the claim that a military base “complicates” and creates a problem for workforce regulations. Civilians work on UK and allied military installations right across the world.

This amendment is about treating the Chagossian community with fairness and basic justice. It is a chance for Parliament to ensure that the community that paid the highest price for Britain’s historical decisions in the British Indian Ocean Territory is no longer marginalised from its own homeland.

This amendment may not ensure self-determination or the maintenance of sovereignty, and nor is it likely to affect the security of the region. But what it does seek to do is to put the Chagossian people first. If the Government are serious about righting the past wrongs, surely, they must begin by guaranteeing equal treatment in employment.

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In this regard, I also welcome Amendments 20D and 20E from my noble friend Lord Kempsell. Both amendments address similar issues: namely, the fact that Mauritius is to have a say on the presence of non-UK and non-US military personnel at the base. If the treaty permits the operation of the base to continue as it does currently, which is what the Government have claimed, then why should we have to consult with Mauritius on the presence of our allies at the base? Surely whether French forces are welcome at the base is a matter for the United Kingdom, not Mauritius. Similarly, why should Mauritius have any say over the placement of installations if those are related to the defence of the base? I look forward to the Minister’s response.
Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon (Con)
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My Lords, I totally support the amendments in the names of my noble friends Lord Callanan and Lady Goldie. The noble Lord, Lord Coaker, and the noble Baroness, Lady Chapman, both know that I, as someone who was involved with direct negotiations, albeit in 2019, remained unconvinced of one specific element above all else—I remain unconvinced of it today—and that was the security protections that have just been so eloquently narrated by my noble friend Lady Goldie.

In associating myself with those amendments, I will also press ahead on the archipelago and the lay of the land beyond Diego Garcia. I draw attention to paragraph 3(a) of Annex 1, which says that

“vessels and aircraft of the United Kingdom and the United States of America shall have unrestricted rights of overflight, navigation and undersea access”.

That is clear. It continues:

“States operating with the United Kingdom or the United States of America shall also have such unrestricted rights, save in respect of overflight or undersea access, which require notification”.


We need a degree more clarification to unwrap that provision, particularly on passage to and from Diego Garcia and the lay of the other parts of the archipelago. Like my noble friend, I press the Minister to give the specific assurance, which I certainly feel should be within the agreements signed with Mauritius, that notification does not mean before the event but after.

Lord Beamish Portrait Lord Beamish (Lab)
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My Lords, I will speak on Amendment 67. This part of the agreement is being portrayed as though it has some type of special status. It is similar to the agreement we have with the sovereign base areas in Cyprus. The UK and our allies use Cyprus as a staging post for a number of operations outside the Republic of Cyprus. The way it operates there is that the Government of Cyprus are not informed prior to the use of that base but, like in this agreement, are informed afterwards. I accept the point about the use of “expeditiously”—what it means is worth debate—but the way I read this is that it is no different from other bases.

The noble Baroness, Lady Goldie, said she was nitpicking. To be fair to her, I do not think she is: she is trying to get clarity on this important point. We want to ensure that our forces and allies have free movement and use of the base under this treaty. I do not think that our United States allies would agree with the Bill and treaty if they in any way limited their use of the base, not only for actions against other parts of the world but in the siting of various pieces of equipment on those important islands. We look for some reassurance on that point, but it is important to have clarity. That would certainly allay some of the fears raised, quite legitimately by some people and by others as scaremongering against the Bill.

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Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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I think it is probably best to take what they say at face value. They probably mean what they say.

I will now attempt to address the amendments from the noble Baroness, Lady Goldie, and surprise her by saying that I think they are extremely sensible. I understand the thinking behind them. I understand her concerns that are encapsulated in Amendments 83 and 85 to 87, but I think the amendments are probably unnecessary. I suspect that the statements the noble Baroness is calling for could be made today. I suspect that we will hear them before the debates on this Bill are over, but it seems to me important that we should hear them, so I understand what the noble Baroness is saying.

I would like briefly to refer to the consistent and cogent arguments from the noble Lord, Lord Bellingham, for a sovereign base area solution rather than the solution that is written into the treaty. I do not know why the last Government looked at it but decided not to pursue it. I do not know what the reasons were. They were probably, I would guess, topographical—we are talking about a very large area, rather than the two restricted areas on Cyprus—but I do not know, and I think it is a valid question to ask.

The big point, surely, is that we are where we are. We have a treaty, and we cannot ratify it until we pass this Bill. That is why I disagree strongly with the four amendments in the name of the noble Lord, Lord Kempsell. He comes straight out and says that he wants renegotiation. He wants the treaty renegotiated in four separate respects, but we are where we are. The treaty exists. If we were to decide to reopen the negotiation, I think we could expect a rather hostile reaction in the United States. The principal concern of the United States is security of tenure and the continuing co-operation of third countries over supply chains. That is what they are concerned about—not our blue eyes but security of tenure of the base. Given that, some in Washington would argue that it is time for the United States to switch sides, to ditch us and do a direct deal with the Mauritians. That argument has been made in Washington and could be made again if we get ourselves into such a mess that, having secured a treaty that the Conservative Government sought and the Labour Government have concluded, we were to decide, after all, that it was not a treaty we wanted and that we wanted to go back to the start and negotiate something different. I can imagine the United States losing patience with us.

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon (Con)
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I know that the noble Lord speaks with great insight but the whole point of the amendments, with which I agree—that is why I back my noble friend Lady Goldie in particular—is on the specific issue of security. Yes, as I have said on the Floor of the House before, there were 11 rounds of negotiation but, at the end of them, agreement could not be reached because—I speak from my own insight and experience—back in 2019, that element of security was not assured. When I returned to London, I asked Boris Johnson directly, in good faith—I was not the OTs Minister but I had a good rapport with the then Prime Minister—and he could not give me that assurance. That is what I have pressed for throughout the passage of the Bill.

It has come up repeatedly that there were 11 rounds of negotiations. I have spent a lot of time in business and, as the noble Lord knows, in government. When you are looking for a negotiation and seeking to agree something, the fact that there were 11 rounds would suggest—I know this for a fact—that that agreement could not be reached.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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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.