Diego Garcia Military Base and British Indian Ocean Territory Bill

Lord Callanan Excerpts

Tuesday 25th November 2025 Lords Chamber

Moved by

[Lord Callanan]

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

[Lord Callanan (Con)]

My Lords, the trust fund set up for the Chagossians is absolutely central to this treaty. Under Article 11, the Mauritians have been given the responsibility for administering the fund, which will be paid for, of course, by the UK. However, we still do not have any clarity on how Mauritius will manage the fund. We seem to have no say in it whatever.

The reality of Mauritius’s past record is also a cause for concern. Since the forced removal of the Chagossians from the archipelago, many Chagossians have lived on Mauritius. As has been pointed out a number of times in the debates so far, in the 1970s the UK Government paid £4 million into a trust fund for the benefit of registered Chagossians. I would be very interested to know the Government’s assessment of whether that trust fund has indeed been a success. Do the Government have any concerns about the way Mauritius has managed that fund before we offer to donate cash for another one? If the Government are concerned about Mauritius’s past actions in this area, what additional assurances have Ministers sought from the Mauritian Government to prevent mismanagement, corruption or failure to properly distribute funds in future?

The domestic reality of this arrangement is also worrying. Many Britons will struggle to understand why we are transferring funds to a foreign Government so that they can manage a trust fund on our behalf. Does this mean that we are transferring funds without proper control over how those moneys are spent? What powers will the UK have under the treaty to ensure that Mauritius is fulfilling its responsibilities? These are all important questions—many Members have raised them in the debates so far—which Ministers should seek to answer, either at the Dispatch Box or in the Bill.

Amendment 17 in my name and Amendments 26 and 78 in the names of my noble friends Lord Lilley and Lord Hannan of Kingsclere relate to the employment of Chagossian citizens on the military base. The treaty makes provision for the employment of Mauritians on the base. We debated issues related to that provision in an earlier group. The treaty, sadly, does not make any provision for the employment of Chagossians on the base. We already know how many Chagossians living on Mauritius feel that they are treated as second-class citizens. Does the Minister agree that Chagossians should have similar protections for their employment on the military base as Mauritians?

Amendment 81, in the name of the noble Lord, Lord Morrow, is a very simple amendment that would provide for a report on the impact of the treaty on British Indian Ocean Territory citizens. I see no reason why a Minister would refuse to produce that report. The rights of BIOT citizens are, or should be, central to the future of the islands. We need some clarity on this matter. If the Government cannot commit to a report on the impact of the treaty, will the Minister at least give the Committee an assurance that her department will do everything in its power under the terms of the treaty to ensure that BIOT citizens are properly supported by Mauritius?

I look forward to hearing the rest of the debate and the Minister’s reply.

[Baroness Foster of Aghadrumsee (Non-Afl)]

My Lords, in this group I will speak to my Amendments 20A, 50A and 81A. I also strongly support Amendment 55 in the name of my noble friend Lord Weir of Ballyholme. As the Minister knows, I have asked several questions about the trust fund, which, as I understand it, will be totally in the control of the Mauritian Government. This brings inherent problems, particularly as those Chagossians living here in the UK are often near or below the poverty line and could well do with access to help and assistance. Amendment 55 seeks to probe the fairness of the payments to Mauritians and Chagossians.

I will go further in saying that the Secretary of State should establish a Chagossian advisory council comprised primarily of individuals of Chagossian descent, including members based here in the UK, Mauritius and Seychelles. This council could then be consulted on all strategic programme and spending decisions relating to the trust fund, ensuring that Chagossian communities are directly involved in shaping priorities and oversight. That would promote transparency. The minutes of the council meetings and any recommendations or advice could also be published annually. That goes further than the amendment in the name of my noble friend Lord Weir, but I would be obliged to hear from the Minister on this as it would deal with some of the issues around transparency and accountability as well.

On Amendment 20A, I am not going to labour the points raised as we discussed some of this last week in Committee, but I remind the Committee that the current provisions of the treaty do not grant a right for Chagossians to access their homeland. They leave it up to the Mauritian Government as to whether this happens. Article 6 states that the Mauritian Government are

“free to implement a programme of resettlement”.

That falls far short of right to access the islands. That is what this amendment seeks to do.

Amendment 50A concerns the protection of Chagossian identity and birthplace. I tabled this amendment at the request of the Chagossian community here in the UK, including many native islanders who were born on Diego Garcia, Peros Banhos and Salomon before their forced removal between 1968 and 1973.

This amendment is not theoretical and it is not precautionary. It responds to a real, current and deeply troubling practice that is already happening, and the Committee needs to be aware of the seriousness of this. We have now seen documentary evidence that Mauritian authorities have begun issuing birth certificates to Chagossians in which the true place of birth has been removed and replaced with Mauritius. In each case, the names of islands such as Diego Garcia, Peros Banhos or Salomon have been deleted from the official record. It is not an allegation; it is a matter of record. Chagossian families have shown us the documents and they have been verified by lawyers. Native islanders born on Peros Banhos and Diego Garcia are now being told by a Government claiming future sovereignty over their homeland that they were not born there at all.

This pattern of altering official records is consistent with long-standing concerns expressed by Chagossians who lived in Mauritius, many of whom describe decades of discrimination, marginalisation and a complete lack of constitutional recognition as a distinct people. United Nations human rights experts have previously documented that Chagossians in Mauritius faced entrenched barriers to housing, healthcare, employment and political participation, and continue to experience de facto discrimination as an Afro-descendant minority. Would the Minister care to look at the page on the website of the Mauritian Government which is dedicated to the Chagos Archipelago? There they refer to those who were “forcibly removed” from the islands in the 1960s as

“Mauritians born and residing at the time in the Chagos Archipelago”.

I have seen the passport of a Chagossian who was deported from Diego Garcia to the Seychelles. In that case, the birthplace that was originally recorded as Diego Garcia has been replaced with Mauritius. I am informed by those directly affected that this practice followed political agreements involving the former Mauritian Prime Minister and the former Seychelles President, under which Chagossians living in Seychelles were required to have Mauritius entered on their documents rather than the true place of their birth on the island. Whether these arrangements were informal or formal, the effect is the same: the birthplace of Chagossian natives has been erased, replaced or falsified. That is an act of identity deletion; it is happening now, and the evidence is in front of us.

The way to deal with this is through this amendment, which I believe is essential. The Chagossians were removed once, their homes were demolished, their pets were killed, their possessions were thrown into the sea, and they were shipped to Mauritius and the Seychelles with no warning and no rights. They lost their land, their livelihood and their future. What they ask for today is, I believe, modest in comparison. They ask for the one thing they still possess: the truth of who they are and where they were born. The Committee needs to be cognisant of that. Identity is not a technicality; for a displaced person, it is absolutely everything. It is the final surviving link to their home, lineage, history and dignity. Yet we now know—not just fear or speculate—that the birthplace of Chagossian natives has been altered by an external authority. There can be no more powerful demonstration of why this House must intervene.

The Government have repeatedly argued that decisions about the Chagos should respect international norms—we have heard it many times in this House. International law is absolutely clear on this point. Altering a displaced person’s civil status records without their consent violates the principles laid down in the International Covenant on Civil and Political Rights, the UN guiding principles on internal displacement and the fundamental norms to identity as recognised in human rights jurisprudence.

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[Baroness Chapman of Darlington (Lab)]

It depends on what we mean by formal and what that looks like. We have an arrangement at the moment via the contact group and a commitment to strengthen and expand that, to make sure that does the job it is intended to do and the Government can support it in doing that. However, we are clear that we do not do anything to it without its consent. It is an area on which we are interested in having further conversations—I think the noble Lord knows what I am getting at. Whether that completely satisfies his desire for formality, we will probably continue to explore together.

With that, I hope the noble Lord, Lord Callanan, feels able to withdraw his amendment.

[Lord Callanan (Con)]

My Lords, I agree with the Minister that this has been a fascinating debate. It was a real pleasure to hear so many noble Lords focusing, as we rightly should, on the rights and futures of the Chagossian people.

The trust fund is an essential part of the treaty. Essentially, it is the only part of the treaty that is positive for the community. Therefore, we must not allow it to be maladministered, or worse, by the Mauritian Government. My noble friend Lord Ahmad made some very good points about the management of the existing fund, to which he got some answer from the Minister. We are certainly clear that the UK Government should take all necessary steps to hold the Mauritian Government to account for their management of the fund to ensure that the Chagossians are properly looked after and no longer treated as second-class citizens. I apologise to my noble friend Lord Fuller for trying to apply a little imaginary lipstick to his proverbial pig in this matter.

The points raised by the noble Baroness, Lady Foster, were particularly important and extremely serious. I was pleased to hear the assurances given to her by the Minister. We should not allow the Chagossian people to be treated in this manner by Mauritius.

This speaks to our concerns on value for money. Whichever figures you take, this agreement is a major financial undertaking, costing the British taxpayer billions of pounds over the lifetime of the deal. Any situation where the fund is capitalised but not managed properly would surely be unacceptable, and we should make sure that there are powers to hold Mauritius to account should that happen.

My noble friend Lord Hannan, in his excellent contribution, made some great points on how the Chagossians could be resettled in future and many of the alternative occupations that they could take in such circumstances.

If the Minister is not satisfied that the Government have the powers that they need to do that, I hope Ministers will go back to the Mauritian Government to ensure that we have those stronger powers before the treaty takes effect. The Minister is right that many of these matters will be returned to on Report. In the meantime, I beg leave to withdraw my amendment.

Amendment 17 withdrawn.

Moved by

[Lord Callanan]

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

[Lord Callanan (Con)]

My Lords, the amendments in this group speak to perhaps one of the most concerning parts of the treaty—although the previous bit was also concerning: namely, the risk that this agreement will undermine our security. Given the large number of amendments in this group, I will speak only to those in my name. I know that my noble friend Lady Goldie will speak to her amendments as well, and I will certainly not seek to pre-empt her arguments in my remarks, as my noble friend is much more of an expert on defence matters than I will ever be.

My Amendment 18 is a commencement block that would prevent the main clauses of the Bill coming into effect until the Government have laid a report on securing a guarantee that all non-UK and non-US civilian personnel stationed on the archipelago will benefit from the provisions of Annex 1. Annex 1 protects the UK’s unrestricted access to Diego Garcia’s sea and airspace. The treaty makes reference to some civilian activity, but we are seeking an assurance from the Government that that part of the treaty in its entirety applies to civilians stationed on Diego Garcia. I hope the Minister will be able to give us that assurance.

Amendment 67 speaks to one of the most fundamental questions, which has already been the subject of much debate. The treaty is clear that the UK must inform Mauritius of any armed attack on a third state directly emanating from the base on Diego Garcia, using the magnificent word, “expeditiously”. The dictionary definition of expeditiously is “quickly and efficiently” and “with speed”. Many have rightly asked what expeditiously means in practice. My Amendment 67 clarifies that the UK Government must not inform Mauritius of any relevant armed attacks until the attack has ended. Providing prior notification to Mauritius, or indeed any third state not directly involved in the attack, could risk the safety of British and American servicemen who are engaged in the relevant operation. Could the Minister confirm that nothing in the treaty requires the UK Government to give forewarning of any attack emanating from the military base? If that is the case then I am sure they can accept the amendment.

Additionally, my amendment seeks a requirement not to notify Mauritius if notification would endanger the security of the base. Can the Minister confirm that nothing in the treaty would prevent the Government withholding notification if notifying Mauritius would endanger the base? My noble friend Lady Goldie will be going into additional details on these important issues.

Amendment 69 in my name seeks to make a point about the location of specific equipment and installations on the base. It is essential that the security of the base is maintained. It would not be acceptable if the UK Government were to endanger the security of equipment at the military base by notifying Mauritius. In replying to the debate, can the Minister please address those concerns? It is essential that the UK Government have the right to refuse notification when doing so would endanger the base itself or our personnel.

[Baroness Goldie (Con)]

My Lords, I associate myself with the remarks of my noble friend Lord Callanan on the amendments to which he spoke. I shall be dealing with the word “expeditiously” and I will try to ensure that that characterises my contribution, and perhaps influences this debate.

I wish to speak to my Amendments 83, 85, 86 and 87. At Second Reading, I raised the issue of the mismatch between the Bill and the treaty that it implements. My main concern in this whole affair is our defence and security and the implications of this Bill on that. I identified a range of areas where greater clarity is required. Before I continue, I should say that I have received a letter from the Ministers, for which I thank them. That sought to clarify some of the questions that I asked at Second Reading. The letter brings a degree of clarification, but in other respects it leaves me with questions. I shall address these as I explain my amendments.

Amendment 83 is simply a technical drafting amendment to accommodate my remaining amendments in this group. It specifies that the commencement of the treaty cannot occur until the conditions outlined in my amendments have been satisfied.

Amendment 85 relates to the specific notification requirements under Annex 1 1(b)(viii) of the treaty. My amendment would require that Clauses 2 to 4 do not come into force until the Secretary of State has published a statement establishing that the notification in Annex 1 1(b)(viii) of the treaty does not require the consent of Mauritius in response. The provision in Annex 1 to which this refers says that:

“In accordance with this Agreement and with reference to Article 2(5) and Annex 2, in respect of Diego Garcia, Mauritius agrees the United Kingdom shall have … unrestricted access, basing and overflight … for non-United Kingdom and non-United States of America aircraft and vessels, upon notification to Mauritius”.


The amendment seeks to enable the Secretary of State to make explicit, before Clauses 2 to 4 of the Bill can come into force, that the consent of Mauritius is not required for us to host third-party forces on Diego Garcia.

As I mentioned, I have the letter from the Ministers in which they helpfully clarify that permission from Mauritius is not required. However, I require the Minister to confirm that such notification is after the event. If notification is required before the event, that implies consent is required, or that the intimation of an objection by Mauritius is possible. That is why I seek the clarification.

We cannot have a situation where Mauritius can in any way object to which forces are present at the base. The operation of the base, including the matter of the basing of our allies, must be solely at the discretion of the United Kingdom. I would appreciate the Minister giving a guarantee that Mauritius will have no control whatever over the basing and overflight of other countries’ forces. Unusually, the Minister and I are perhaps nearly at consensus in idem here. If that is the case, why would the Secretary of State be reluctant to publish a statement?

Amendment 86 is another defence and security amendment. It seeks that Clauses 2 to 4 would not come into force until the Secretary of State has published a statement establishing that the obligation under Annex 1(2) of the treaty

“does not extend to aircraft and vessels which have landed or docked at the Base for the purposes of maintenance or refuelling prior to the armed attack on a third state”.

Annex 1(2) of the treaty is the provision that requires the United Kingdom

“to expeditiously inform Mauritius of any armed attack on a third State”.

As we have discussed, much has been made of what is meant by “expeditiously”. The Ministers’ letter to me stated that they are satisfied that this does not require the UK to seek the permission of Mauritius, nor for notification to be given prior to the event. That is helpful. The International Agreements Committee of this House has also concluded that it interprets “expeditiously” to mean

“as soon as reasonably practicable in the circumstances”.

I believe that the Minister gives her interpretation in good faith, but what of Mauritius’s interpretation? Does the Minister know whether the Mauritian Government share this view? If she does not currently know, and I quite accept that she may not, I would be happy for her to write to me to confirm the point.

--- Later in debate ---

[Lord Callanan (Con)]

My Lords, the issue of national security is clearly one of the most important concerns that have been raised about this treaty. The continued and effective operation of the military base is paramount, and Ministers must ensure that they have the powers that they need to protect the security of the base. I listened very carefully to the reassurances provided by the noble Lord, Lord Coaker, who I know has tremendous respect across the House for his commitment to defence and foreign affairs. I thank him for that.

I could raise a lot of points, but I shall not raise a number of them now because I will want to have a close look at Hansard for the reassurances that he was able to provide. I will make one point on the famous definition of the word “expeditiously”. I listened carefully, and the Minister quoted at length the opinion of the International Relations and Defence Committee, which of course was fascinating. I am not sure that he told us what the Government’s view was of the meaning of that word: as they will be applying it in practice, I think that would be more relevant. But, again, I shall look carefully at his remarks and we would welcome any further reassurances—although the Minister gave a very detailed exposition—that he can provide in writing. I am sure that my noble friend Lady Goldie, who made an excellent contribution, would also welcome any further reassurances that the Minister can provide in writing. The details of this issue are particularly important, beyond the political rhetoric that we are all involved in. This concerns one of the most fundamental aspects of our national security.

Having said all that, I seek leave to withdraw my amendment.

Amendment 18 withdrawn.

Moved by

[Lord Callanan]

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

[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.

[Lord Callanan (Con)]

My Lords, I am grateful to the Minister for her clarification, and to the noble Baroness, Lady Hoey, for her contribution to this important debate. We know how strongly the British public feel on illegal immigration. It would have been outrageous if we handed over the territory yet retained responsibility for dealing with any illegal immigration.

I will look carefully at the words that the Minister used in her response in Hansard, but it seems as though she has provided the reassurances we are seeking that no illegal arrivals in the Chagos Archipelago will be able to make a claim in the UK for asylum now that sovereignty has been handed over. She used the famous government expression “I am not going to provide a running commentary”, which often means “I am not going to say”. Nobody is asking her to provide a running commentary; we just wanted a clarification on the issues or any outcome of the discussions. If there is a resolution to the discussions before we get to Report, I hope she will update us in writing. Apart from that, I beg leave to withdraw my amendment.

Amendment 19 withdrawn.