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 Hannan of Kingsclere Excerpts
Tuesday 25th November 2025

(1 day, 3 hours ago)

Lords Chamber
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Lord Weir of Ballyholme Portrait Lord Weir of Ballyholme (DUP)
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My Lords, I rise in relation to this group. Picking up the remarks, first of all, of the noble Lord, Lord Jay, I will say that, yes, there is not, perhaps, a single unified position of every single Chagossian. Perhaps we should not be surprised at that. Can we identify an issue in the United Kingdom on which there is a single view which every citizen of the United Kingdom holds? We may indeed have great difficulty in finding many issues within this House on which every single one of us is on exactly the same page. Of course, there would be a way to test that, which is the case of democratic self-determination. That would have been the way to see where the majority of opinion lay within the Chagossian community. It would not be beyond the wit of any Government to do that.

Turning to the amendments in this group, I want to particularly address my Amendments 38C and 55. I have also co-signed a number of my noble friend Lord Hay’s amendments. The thread that very much runs through the amendments in this group, both in content and spirit, is an attempt to actually do something practical, even at this late hour, to support the Chagossian people.

For example, the amendments from the noble Lord, Lord Callanan, look at employment rights; my noble friend Lord Hay’s amendments look to both employment rights and making some level of provision in terms of flights to the Chagos Islands, and Amendment 50A, from the noble Baroness, Lady Foster, looks at birthright and identification, so that the Chagossians do not become some sort of 21st-century Trotsky, who will suddenly be erased, with their identity being erased from all photographs. They will simply become some sort of non-people. All the amendments are very much in the spirit of trying to provide support to the Chagossian people.

It seems that there are objectively three ways in which the United Kingdom can support the Chagossian people. It is undoubtedly the case. I think it has been acknowledged in earlier parts of this debate, from all sides of the House, that, whatever our views on the present treaty, and whatever our views on a wide range of issues, there does seem to be a common agreement and an acknowledgement that we have had over half a century of poor and shameful treatment of the Chagossian people. Successive Governments of whatever political persuasion have let down the Chagossian people. We cannot turn back the clock to prevent what happened in the late 1960s or the 1970s, or what happened subsequent to then. But what we can try to do is ameliorate the situation.

Again, I would highlight three areas which we could look at. The first is the issue of democracy and self-determination, which was the subject of an earlier debate. The second area, which I think is the principal focus of this group of amendments, is how we can provide financial and practical support for the Chagossians. The third issue is the rights of resettlement of Chagossians. My two amendments deal specifically with the latter two.

Turning first to Amendment 38C, this highlights to the Government that there was an alternative way forward. The KPMG report that was produced in 2015, commissioned by a former Labour Prime Minister, put forward a potential pathway of progress as regards the Chagos Islands. My amendment, in the spirit of trying to be practical in terms of help, does not seek to go fully down that pathway or to reinstate the KPMG report. That is clearly something that the Government would reject, but there were a range of proposals within that report dealing with resettlement.

The cost highlighted in 2015 for implementing that report would, I think, have been about £400 million. Sadly, at that stage, the Government rejected that as being far too expensive. Whatever arguments we may have had at an earlier stage over the broader financial cost of this settlement, it seems to me that a solution which cost £400 million would have been very cheap compared with what we face in practice, no matter what figures we belie.

So it strikes me that, while we still have that sovereignty and control of the Chagos Islands, we should be facilitating that resettlement, because it is clear that the treaty agreement that we have reached does not give a right of resettlement to the Chagossians; it hands that lock, stock and barrel to the Mauritius Government. As I said at an earlier stage, I suspect that those who make the right noises towards the Mauritian Government may be able to resettle, while those who are deemed the “awkward squad” will not be able to go back to their homeland. It seems that the very least we can do is to make that provision while we still can for the resettlement of the Chagossian people.

Finally, Amendment 55 is, again, a probing amendment. We have rehearsed the broader financial position. It is clear that, in stark figures, £101 million will be paid per year to the Mauritius Government. We know that the disparity in terms of what that equates to as a total will vary between the Government’s assessment, using one particular calculation of £3.4 billion, and the main Opposition’s figure of £35 billion, but we know that vast sums will go directly to the Mauritian Government. Where we owe a duty of care in particular is to the Chagos Islanders: they should be our top priority when it comes to finance, but this amendment does not even go quite as far as that. We are simply saying that, financially, we want to ensure that there is at least a determination that what is provided is fair and equal towards the Chagos Islanders compared with Mauritius.

I have to say that there is deep concern over the £40 million trust fund. No doubt the Government will say that it is very well intended to provide direct support to the Chagossian people. However, by providing it in such a way that it is entirely within the Mauritian Government’s control, while Chagossians appear to have no particular leverage as to how it is spent, we do not know on what projects or on whom it will be spent. This is one opportunity, at least, to probe the Government on what actions are going to be taken to at least try to ensure equality of provision on that basis.

I look forward to the Minister’s summing up to see what practical measures the Government can take. For instance, will they accept that we monitor the situation closely through an equality assessment, or ensure that there are Chagossians put on any board that deals with the distribution of the money? The noble Baroness, Lady Foster, has suggested that there should be a reference group of Chagossians who could at least monitor this. If it simply becomes, effectively, a slush fund for the Mauritian Government to indulge whatever pet projects they want, under the guise of providing for the Chagossian people, without any direct input or control from them, we will simply have repeated the mistakes of history and let down the Chagossian people again.

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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My Lords, I will speak to my Amendment 78 and in support of the amendments of the noble Lords, Lord Hay and Lord Weir, the noble Baroness, Lady Foster, and my noble friend Lord Callanan. The crux of this debate is about ending the dream of return for most British Chagossians. As long as they were British citizens, there was always the possibility of resettlement, but we know that Mauritius denies their nationality, treats them as so many Mauritian citizens and is certain not to allow a general right of return to the Chagossian population.

One or two Chagossians who have said all the right things, as the noble Lord, Lord Weir, says, may be allowed back as part of that general migration, but we can be pretty certain that they will not be our fellow subjects watching now from the Gallery, stoical and silent, ignored and overlooked in a grisly symbol of these past five decades.

My amendment deals specifically with the rights of employment at the base, but I want to widen it a little to what would make an economically viable community in the Chagos Islands. The Minister has said several times at the Dispatch Box that our priority is maintaining the base and that by implication, therefore, we cannot do the right thing by the Chagossian population. I do not believe there is a contradiction. Maintaining sovereignty would meet both our strategic and our moral obligations of stewardship as the sovereign power and the focus of loyalty of the Chagossian population, and it is economically viable. We heard in our last debate that it could not happen because it was too far away, too distant and too expensive, but as we have just heard from the noble Lord, Lord Weir, it is a fraction of what we are paying in direct transfers to Mauritius, let alone any associated costs. We can take the Minister’s figures and say that it is six times more expensive to hand the archipelago away, or we can take my noble friend Lady Noakes’s figures and say that it is more like 60 times as expensive. Either way, it is extraordinary that we are not considering the option of resettlement.

I want to explore how that would work. I mentioned last week that the Falklands War was, paradoxically, the beginning of the economic revival of that archipelago because the regular link to the UK and the impact on the economy, as well as our readiness to start exploiting some of the resources, made an island that until then had been suffering from emigration viable and hugely attractive. It has nearly doubled its population since. At the moment we are flying in civilian contractors for all the non-military jobs on an occasional flight from Singapore. These contractors come from the Philippines, Sri Lanka or India, and they do the many non-military jobs on a base of that size—the construction, cooking, cleaning and so on. There is no reason why those jobs could not be done by local people. It would make sense both economically and in security terms, as well as giving a viable economic option to the British Chagossians who return.

But I would not want to leave your Lordships with the thought that this would be a population wholly dependent on the existence of the military base. That is not a position that anyone wants in the long term. It is not a position that the Falkland Islands would want to be in. We will come on to our other overseas territories in a later group, but the economy of Gibraltar has been transformed since the 1980s. Having been almost completely dependent for GDP on our naval base there, it has now become a hugely successful territory through private enterprise. There are lots of other things. What would those other things be? I have said before in this House that it is not for politicians to second-guess the private sector and I am conscious of sitting next to my noble friend Lord Moynihan, who has written a wonderful book making this point at greater length, but here are some ideas off the top of my head after conversations with British Chagossians who had been kicking around a couple of these ideas. Here are seven or eight ideas. Maybe one or two of them might be viable. That is all you would need.

First is the extraordinary marine resource. What about establishing a marine and oceanographic university on Peros Banhos? There has been a lot of interest from academic institutions here and elsewhere. Lancaster University, the University of Exeter, the University of Western Australia in Perth and Dalhousie in Canada have all been involved in ecological and maritime projects around the archipelago. Is it so unthinkable to have a permanent base there that in time could take visiting students and have accommodation for them?

Secondly, the obvious one is tourism. People put a great premium on both novelty and isolation. Here is the last undiscovered tourist archipelago. It can be reached by seaplane from the Maldives which, it is worth reminding ourselves, is closer to the Chagos Archipelago than either the Seychelles or Mauritius. It is perfectly feasible to see snorkelling, birdwatching, scuba-diving and exploration of the marine fauna becoming viable. There are wealthy people who would spend a great deal of money for the additional seclusion and the new frontier.

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Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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This is all very fascinating. I hope we get back to Heligoland soon, and maybe the Gilbert and Ellice Islands, but I have to ask the noble Lord: where was he when his Government decided that the straightforward thing to do was to go for the cession of sovereignty?

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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I was a Member of the European Parliament, and I spoke out quite strongly against that Government. I hope the noble Lord knows me well enough to know that I was never a party line man. I thought it was an appalling thing to do then, and I still think it is an appalling thing to do.

Lord Bellingham Portrait Lord Bellingham (Con)
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Yes, the previous Government set out to give sovereignty to Mauritius across the archipelago, but not necessarily on the sovereign base. In fact, the noble Lord, Lord Cameron, has made it very clear that one of his red lines was protecting the sovereign base in perpetuity, as in Cyprus. That would have been a very plausible and popular decision.

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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That was my understanding, but even that was too much for me. Even if we had been able to get continued sovereignty on the base and some kind of shared sovereignty on the outer atolls, that would still have been exchanging a freehold for a leasehold. It is a preposterous thing to do when we are being told to do it by a court that has expressly been denied jurisdiction in cases between Commonwealth states. We would be doing it, setting a terrible precedent, to satisfy a tribunal that has no authority.

I was very critical of the previous Government for countenancing these changes. I have told the people involved what I think of it. I am equally critical of this Government, as I suspect are quite a lot of the people on the Labour Benches. I look at the expressions of some noble Lords opposite. I know they are decent patriots and democrats, and I know they feel a sense of obligation to our dispossessed Chagossian colleagues. Of course, they have to do their duty, such is the essence of politics.

I finish by holding out the prospect—just the vision—of people coming back: of civilian and military life coming back; of stories told again by grandmothers under newly thatched roofs, their voices stitched with salt and memory; of footsteps remembering the pale coral paths; and of the islands themselves remembering their old inhabitants, as the tides remember the moon.

Lord Morrow Portrait Lord Morrow (DUP)
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My Lords, I will speak to Amendment 31 standing in my name. I want to place on record my appreciation for the noble Lord, Lord Hannan, stepping in last week during the difficult situation I had back home. It again demonstrates clearly that, when you throw an awkward ball to a good player, he will pick it up, make you look good and carry on as if nothing has happened, but I appreciate his assistance in that instance.

I was about to say three lines on this amendment, but then I thought I was perhaps being too presumptuous, because I hoped that the Government, just by reading the amendment, would simply have said that there was no reason why they could not support it. I hope that that is exactly what they will say at the end of the debate, but I think I had better say more than just one or two lines in relation to it before sitting down.

Even if one accepted that it was just £101 million every year for 99 years and considered the proposition in its own terms, without regard for the preceding history, the contrast between this and a one-off payment of £40 million to the Chagossians conveys the message that, while the Mauritians are important and worthy of respect, the Chagossians are, by contrast, worthy only of a few crumbs from the table, relatively speaking, which is deeply hurtful and insulting.

Secondly, to really understand the injustice presented by the arrangement, it obviously needs to be seen in the context of history. The Chagossians do not, for the most part, regard themselves as Mauritian.

I have heard what the noble Lords, Lord Weir and Lord Jay, have said. As the noble Lord, Lord Weir, rightly said, across the United Kingdom there is a multiplicity of views on many issues, so it is difficult to get a concise, exact and single supporting view on this, but I will say these things anyway. In this context, the decision to also pay Mauritius a fantastically large sum of money for the use of just one of the Chagos Islands, while the Chagossians are afforded just £40 million, compounds the present injustice.

To appreciate the menacing nature of the way this monetary injustice greatly compounds the underlying injustice, one must point out that the monies for resettlement set out in the KPMG report are significantly less than the monies it is now proposed the Republic of Mauritius be paid for the UK to lease just one of the Chagos Islands.

Finally, the funding for the Chagossians is also important. Article 11 of the treaty undermines the UK Government’s argument for it by addressing the Chagossians apart from the Mauritians. They are, in effect, saying that it is right to return the islands to the Republic of Mauritius because the pre-8 November 1965 boundaries of the colony express the self-determination of the people of the territory, which implies that everyone, at least from a civic perspective, can be happily Mauritian. However, in that context, there would be no need to address the Chagossians separately and allocate payment to them. In addressing the Chagossians separately, the treaty, in effect, hoists itself with its own petard.

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Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I do not think that data is published anywhere, I am afraid. If it is, I shall provide it to the noble Lord.

I very much enjoyed the speech of the noble Lord, Lord Hannan, as I always do, but it is unjustifiable to define Chagossians as only those holding British Overseas Territories citizenship. I think that is what he was getting at. There are many Chagossians living in Mauritius, the Seychelles and beyond, and this would also exclude anyone who holds British citizenship, but not British Overseas Territories citizenship.

Amendment 20 from the noble Lord, Lord Callanan, which is one of many that would require the Government to seek something from Mauritius, is not needed. We have already committed to making a Statement to Parliament—and I think it is right that we do this—on the modalities of the Chagossian trust fund and eligibility for resettlement. That is in large part a response to the considerable interest that there has been from noble Lords across the House in making sure that the trust fund is run properly and fairly.

Taking this together with Amendment 38A from the noble Lord, Lord Hay, on air travel to Diego Garcia, I say that, as we have said numerous times, the UK is taking forward planning for a programme of heritage visits for Chagossians to the Chagos Archipelago, including Diego Garcia. These were paused in 2019 because of Covid, but we are working hard to reinstate them as soon as possible. Now, as then, these visits would include visits to key heritage sites. Specifically on the amendment from the noble Lord, Lord Hay, there are no commercial flights to Diego Garcia, and nor would they be practical, as it is a working military base that is highly sensitive. Allowing commercial flights would interfere with the operational use of the base. Heritage visits in the past have often involved the use of charter aircraft and this may be the case for future visits also, but there is nothing in the treaty that would prevent this.

On Amendment 20C, noble Lords will recall that we debated the environmental impacts of the treaty and the marine protected area around the Chagos Archipelago last week. Both the UK and Mauritius are committed to protecting the unique environment around the islands. Noble Lords will be aware that on 2 November Mauritius issued a statement announcing the creation of a marine protected area once the treaty enters into force. No commercial fishing whatever will be allowed in any part of the MPA. Low levels of artisanal fishing, compatible with nature conservation or for subsistence of the Chagossian community, would be allowed in certain limited areas.

The noble Lord’s amendment seeks to delay the implementation of the Bill and the entry into force of the treaty. The treaty has already been reviewed by two Select Committees of this House. They have reported their findings and agreed that the treaty allows for positive environmental work, with the IAC welcoming

“the Government’s assurance that it will work closely with the Mauritian Government to establish a well-resourced and patrolled Marine Protected Area”.

Amendment 38C, tabled by the noble Lord, Lord Weir, would require the Government to implement the resettlement recommendations of the 2015 KPMG study. The KPMG report, commissioned by the Conservative Government, concluded that resettling a civilian population permanently on BIOT would entail substantial and open-ended costs. The then Government ruled out resettlement, acknowledging the acute challenges and costs of developing anything equivalent to modern public services on remote and low-lying islands.

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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Will the Minister confirm that there were three different options for how many people you would resettle, and the costs of all of them were substantially lower than the transfer payments that we are making to Mauritius alone under the current deal?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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That is correct, but those payments would not have paid for a legally secure operation of the base alongside our United States allies. Whatever legal geniuses we have opposite us today, those in the White House differed on the analysis now being put forward by the Conservative Party, which is clearly different from what they put forward in the not-so-distant past.

The agreement gives Mauritius the opportunity to develop a programme of resettlement on its own terms, without requiring the UK taxpayer to pick up the bill.

On Amendment 81G from the noble Lord, Lord Kempsell, as I and other Ministers have said on numerous occasions, it will be for Mauritius to establish a programme of resettlement once the treaty comes into force. I am very sympathetic to the way he put his case on this, but it would not be a good use of taxpayers’ money to keep reporting on something that is not in our gift to achieve. The Government are increasing their support to Chagossians living in the UK through new and existing projects. These include Chagossian-led community projects in Crawley and beyond, as well as education and English language support, and have involved the creation of a number of FCDO-funded full-time jobs for Chagossians. The noble Lord, Lord Ahmad, asked me about commitments on this going forward. We are committed to these at least until the end of this Parliament. He will understand that what happens beyond that may depend on decisions of Ministers in the future.

Amendment 31 tabled by the noble Lord, Lord Morrow, and Amendment 55 tabled by the noble Lord, Lord Weir, ask for an equality impact assessment on the payments to be made by Mauritius to Chagossians. The Government have already released the public sector equality duty report relating to the treaty, which addresses all the issues around equalities and the impact assessment.

Amendment 50A tabled by the noble Baroness, Lady Foster, raises a really important issue. We do not think it is necessary to make provision for this in the Bill, but we understand her concern. As I said in my letter in relation to the first day of Committee, we will work with relevant authorities to ensure that official documentation reflects historic connections to the Chagos Archipelago wherever possible. British passports issued to Chagossians will continue to display their place of birth and, if they wish, those who already have British Overseas Territories citizenship status can hold a British passport reflecting their status as British Overseas Territories citizens. I am very sympathetic to the arguments put forward by the noble Baroness and commit to making diplomatic representations to the Government of Mauritius to ensure that place of birth is recorded accurately on documentation.

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Lord Weir of Ballyholme Portrait Lord Weir of Ballyholme (DUP)
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We can pick which Government are looking to lever in additional influence in the area. I am simply saying that China has a particular record of reaching agreements with other countries to—

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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Will the noble Lord confirm that, although it is true that Mauritius is not part of the belt and road initiative—the road thing would not really work, if you think about the geography—it was the first African country with which China signed a free trade agreement, and it has received a state visit from the President of China, which, given the population of Mauritius, would suggest something a little more unspoken than just trade between those two territories.

Lord Weir of Ballyholme Portrait Lord Weir of Ballyholme (DUP)
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It is clear that the Chinese interests—and indeed those of other countries, which I think goes to the heart of why we are seeing this as a key strategic point of view—go beyond simply trying to create trading relationships. We know that Mauritius has around 1.3 million people, much smaller than even my own beloved Northern Ireland—but President Xi is not beating down the doors for a state visit to Belfast any time soon, as far as I am aware. Whether it is China, India or anyone else, whatever the assurances that are there, what are the practical implications and what can we do to assure ourselves that there will not be a level of mission creep?

I will continue very briefly, as I suppose time is moving on. Amendments 61 and 62 probe the position as regards airspace and maritime assurances. Again, this has been sold particularly on the basis of it being not simply the British position but the US position, so I think we need to see some level of joint assurance in relation to that. There has been a concern—and some level of suspicion, which I seek assurances that the Government can allay—that the position of the Americans has been effectively to go along with this treaty. There was, I think, a level of reluctance. It was reported initially that the Americans had given a level of lip service. I think we want to get a much greater level of reassurance that they have bought into this, rather than simply acquiescing with something that one of their allies has asked for. Specifically, as highlighted by the noble Baroness, Lady Goldie, there are some restrictions in terms of notification that seem to undermine the security implications.

For instance, if we look at the airspace side of things, there is a 12-mile zone around Diego Garcia, but airspace around the rest of the Chagos Islands is simply with Mauritius. On a maritime basis, we know that the treaty details that the archipelago waters, the territorial seas and the EEZ around the Chagos Islands are all within the control of Mauritius. Where there can be a level of restriction or interference on airspace or maritime boundaries, that can also create a concern. We seek assurances from government that what is being proposed—and this is a question of belt and braces—is actually going to provide the genuine level of defence. If so much else is potentially being sacrificed to bring about this deal, we need to make sure that we have something that is ironclad as regards our defences.

Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB)
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It is probably best to let the Americans be the judge of their own best interests. They seem to be rather keen on this treaty and its ratification. The Secretary of State in Washington, who is also currently head of the National Security Council, called its conclusion a “monumental achievement”. He does not seem to be concerned that it might open the road to Chinese influence; nor do the Indians, who are, of course, close friends of the Mauritians and are as concerned as we and the Americans are about Chinese influence in the Indian Ocean. The treaty is seen as a barrier to that, not an opening to it.

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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Of course, the noble Lord knows better than anyone that Governments do each other favours in these situations, and Heads of Government will sometimes say, “I need you to say the following”, but I am pretty sure the Secretary of State said at the beginning that he was extremely worried by what he described as a serious threat to our national security when the deal was first put forward.

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Lord Kempsell Portrait Lord Kempsell (Con)
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My Lords, I am more than happy to associate myself with the amendments tabled in the name of my noble friend Baroness Goldie. We started the group by saying that your Lordships’ House would consider it expeditiously, so I will be brief.

My full sympathy is with the experience of the noble Lord, Lord Kerr, in these matters. All I can say is that he must be speaking to different people in Washington DC than I am when it comes to the provisions of this treaty. Occasionally in your Lordships’ House, we hear extreme criticisms of the Government of the United States, and that is entirely justifiable from noble Lords who take that position, but it is impossible on the one hand to criticise the position of the Government of the United States or the way they conduct themselves and simultaneously to suggest that the United Kingdom should resile from seeking to renegotiate provisions in the treaty that are, on further reflection and discussion in your Lordships’ House, found to be wanting. There is no reason why the Government of the United Kingdom should resile from seeking to renegotiate elements of this treaty which are deficient, as is being exposed in the debate. The noble Lord, Lord Morrow, gave an interesting constitutional deposition on the ins and outs of that process.

I will confine my comments to my controversial Amendments 81F and 20F, which seek that renegotiation. My full sympathy is with Ministers opposite who are trying to steer a difficult Bill on a difficult issue into a safer port. My amendments come from the fact that it is incumbent on your Lordships’ House to look beyond the current security situation. The treaty and its Annex 1 are necessarily drafted in the context of the current security picture, but that security picture is dynamic, and it does not take much imagination to envisage a time very soon when Ministers find themselves in a completely changed security scenario; for example, in the Indo-Pacific and the wider Pacific region. What if a military superpower were to invade a neighbouring country and the requirements of the UK’s Armed Forces in their use of the base area and the wider contested issue of sovereignty over the Chagos Islands changed dramatically from the position today? That is why I support the amendments in the name of the noble Baroness, Lady Goldie, on issues such as the notification of the Government of Mauritius, the third-party armed forces being present, and the placement of devices and installations.

My Amendment 20F seeks to take that a step further by looking into the future and saying there may well come a point at which Ministers feel, at the outbreak of hostilities more widely in the world, a pressure to derogate from the restrictive provisions of Annex 1. That is why I package it with Amendment 81F, which would take the unusual step of placing a requirement on the Government to notify Parliament should there be communications from the Government of Mauritius about the application of that annex in future. It is an issue of such public concern. More broadly, outside of your Lordships’ House, the public feel the treaty has been so poorly handled and drafted that these extraordinary provisions are required.

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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My Lords, I will not detain the Committee for long, but I want to speak briefly to Amendments 20D, 20E and 20F from my noble friend Lord Kempsell and to Amendment 87 from my noble friend Lady Goldie. We have witnessed in recent decades an extraordinary alchemy in the South China Sea. Whole islands are called from the vasty deep, summoned like Brigadoon into existence, not by prayer but by the imperatives of Chinese geopolitics. Reefs are dredged into runways; lagoons are refashioned into naval installations; artificial islands are planted thickly with radar, missile systems and airstrips, and it is all done in the name of installing civilian infrastructure. None of those installations or airstrips is openly avowed as a military unit, so, when we hear that in this treaty there is an effective British veto for any kind of defence installation, I ask noble Lords to consider that no one is going to call it a defence installation. It is going to be done subtly, little by little, and it is going to be a much tougher proposition suddenly to object when we feel that a line has been crossed than at present when we have the unquestioned sovereignty over the entirety of the archipelago.

I did not want to misquote the US Secretary of State, so just after my exchange with the noble Lord, Lord Kerr of Kinlochard, I looked up what he said on taking office. In November of last year, he said that the deal

“poses a serious threat to our national security”.

Obviously, he has changed his tune; people are entitled to change their minds. I just invite noble Lords to ask why he might have changed his mind. Is it that he saw a blinding figure on the road to Damascus and heard a voice saying, “Go into Damascus”—I think Marco Rubio has changed his religion at least twice, so I mean no disrespect to our most important ally. Or is it not more likely that he has been worked on by this Government’s officials?

Lord Beamish Portrait Lord Beamish (Lab)
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Could it not also be that when he came into office, he had not received the security briefings from his own intelligence services and possibly then he saw the importance of getting this deal and the permanency which it gives to both us and the United States?

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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It is a very good point. I think there is a divergence, exactly as in this country, between the permanent apparat and the rest of the country, which would explain why my noble friend Lord Kempsell and the noble Lord, Lord Kerr, are speaking to very different sets of people. As the German ambassador to London in 1914 said to his French counterpart, “You have your information, we have ours”. It seems that there is at least a debate in the United States about this, and you can see why. As my noble friend Lord Bellingham said, there is a real prospect down the line that a future Mauritian Government may take a very different attitude towards the presence in the outer atolls of powers that are unfriendly to us. We have no assurance that we will always be on friendly terms with that republic.

The world is imperfect, I understand that. The world is sublunary. We are dealing with lesser evils, as is usually the case in politics. But when the Minister has justified this treaty and the treatment of the Chagossians, she has always done so by saying, “Our priority was the security of the base”. I just ask noble Lords on all sides to consider how this makes us more secure in an imperfect world than we are at present. We have obvious sovereignty over the entire region at the moment. We have the great advantage of its isolation. There is no prospect of anybody taking a leased island and putting any kind of listening infrastructure or anything else nearby. How does moving from where we are now to what is proposed in this treaty make us more secure, even if we set aside all the wrongs being done to the Brits of Chagossian origin?

I thought the noble Lord, Lord Kerr, was on to something when he asked, “What if the Americans were to change sides?” But I am not sure that quite makes the point he intended. I just invite noble Lords to consider the wholly pecuniary terms in which Mauritius has considered this territory: not as part of its own demos, not as part of its own nation, but as an investment and a way of raising money—of paving its streets with gold, as my noble friend said earlier. Would it not be the ultimate humiliation if Mauritius were to trouser the sum of money that we are now paying it and then to turn around and sell the base to the United States? Where would that leave this Government? I would love to hear the Minister’s reply.

Lord Coaker Portrait The Minister of State, Ministry of Defence (Lord Coaker) (Lab)
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I thank all noble Lords who have contributed to an important set of amendments, and I thank them too for the way in which they have put those amendments. There is clearly some disagreement between us, but there is no disagreement over the fact that every single person in the Chamber is seeking to ensure that we protect the security of the nation and the security of Diego Garcia, and on the importance of that base to us. I start from that point. There were a couple of times when noble Lords almost seemed to question that. I do not question it at all. I do not agree with everything that has been said, but I do agree with the right to challenge how we take this forward, because out of that come better legislation and more clarity. While I do not agree with the need for some of the amendments, some of the comments that those amendments require to be made from the Dispatch Box are important. I wanted to set that context out for noble Lords.

I also just want to say this, because I think it is important. I do not want to have a Second Reading debate again but the noble Lords, Lord Kerr and Lord Beamish, and others have made this point: the Government, whatever the rights and wrongs, are trying to bring stability. The noble Lord, Lord Hannan, disagrees with the treaty, and it is fair for him to make that point, but the Government’s point of view is that we are trying to bring stability and certainty to an uncertain situation. The noble Lord disagrees with that, as do a number of noble Lords, including the noble Lord, Lord Callanan. But that is the Government’s view. The Government’s view, in answer to the challenge the noble Lord raised, is that we are changing it because we are trying to bring certainty to an uncertain situation. We believe we have done that, and we have made certain that we have secured one of the most important military bases—if not the most important military base—for ourselves and the United States. The noble Lord does not accept that or agree with that, but that is the alternative proposition the Government are making.

It is really important, therefore, to say, in answer to the points made by the noble Lords, Lord Morrow and Lord Weir, and others, that we would not have gone forward with this were it not for the fact that the Americans support it. The noble Lord, Lord Kerr, is right. We can say, “Well, the Americans said this” or “The Americans said that”. I am going to quote this, because I think it is really important. The US Secretary of State, Marco Rubio, said that

“the United States welcomed the historic agreement between the United Kingdom and the Republic of Mauritius on the future of … the Chagos Archipelago … this agreement secures the long-term, stable and effective operation of the joint US-UK military facility at Diego Garcia. This is a critical asset for regional and global security … We value both parties’ dedication. The US looks forward to our continued joint work to ensure the success of our shared operations”.

That does not mean, as the noble Baroness, Lady Goldie, supported by the noble Lords, Lord Kerr and Lord Ahmad, and many others, said, there are not challenges to that and what it actually means in practice. But it is a pretty fundamental starting point for the UK Government to be able to directly quote US Secretary of State Rubio saying that the US supports what this Government are doing and taking forward. I lay that on the table as the context for trying to answer some of the points and considerations that have been made.

Some of the points and comments—I say to the noble Lords, Lord Morrow, Lord Weir and others, and even to an extent to the noble Baroness, Lady Hoey—are perhaps better dealt with in some of the other groups, particularly on the rights of the Chagossians. My noble friend Lady Chapman has answered on this at great length and will continue to do so as we move forward. That context is really important for the debate and the discussion we are having.

I will try to deal with some of the amendments. It will take a little while and I hope that noble Lords will bear with me. Amendment 18 from the noble Lord, Lord Callanan, seeks to prevent the presence of non-UK and non-US civilian personnel in the Chagos Archipelago. The treaty gives the UK control over these matters. The security provisions were, as I have said, designed and tested at the highest level of the US security establishment, which supported us in proceeding with the deal.

On Amendment 34 from the noble Baroness, Lady Goldie, let me be clear: the entire treaty is designed to preserve the UK’s ability to take the necessary steps to preserve the long-term, secure and effective operation of the base. Article 3(2)(c) states clearly that the UK has

“the full responsibility for the defence and security of Diego Garcia”.

Mauritius and other states should have no doubt—this is the importance of comments made here—about our willingness to exercise our responsibilities in a manner that ensures the long-term, secure and effective operation of the base.