British Indian Ocean Territory

Debate between Luke Evans and Priti Patel

Wednesday 28th January 2026 Commons Chamber

[Priti Patel]

My right hon. Friend has made his point very clearly. This Government are not standing up for our values or interests. Nor are they making any effort to demonstrate that they are on the side of our national security. Fundamentally, that is what this debate is all about.

It is diligent work and scrutiny by Conservatives in this House and the other place that has led to the Government being forced to pause this surrender. That has been achieved by our diligent diplomatic engagement with the US Administration, by asking for over 400 parliamentary debates, by securing two Opposition day debates, and thanks to you Mr Speaker, by asking urgent question after urgent question. We are here to demand answers that they never provide, but only hide, all thanks to their shameful outright contempt for Parliament and the British public.

The Opposition have proudly made representations on behalf of the Chagossian people, who have not only been betrayed but are being threatened in Britain. Their families are being intimidated by people associated with the Government of Mauritius, who seem to be learning how to conduct transnational repression from their friends in the Chinese Communist party. This Labour Government will go down in history for many terrible things, but they can now add to that list of shame the repression and betrayal of the Chagossian people. Labour must rethink its deeply corrosive policy, which is putting at risk our security and the safety of the Chagossian people. Instead, we have a weak and feeble Prime Minister, currently on his knees in Beijing, who will do anything possible to push through this deal—a deal that has been constructed and negotiated by his left-wing international lawyer friends, whose views he seems to value much more than the British people and the Chagossian community.

We all know how this has gone completely wrong, although the Prime Minister could still take a different course. It has gone wrong because this surrender is completely unnecessary—because, as the Opposition know, it is based on an advisory opinion. Ministers have failed to give a convincing answer as to why we should accept it, and there is no answer on what enforcement mechanisms would exist, other than some hypothetical comments about the electromagnetic spectrum and the International Telecommunication Union. So tell us today, please.

We have not only a Government of incompetent politicians, but a Government of incompetent lawyers. In the words of President Trump, Labour is surrendering sovereignty “for no reason whatsoever.” Given this Labour Government’s obsession with international law, it is surprising and shocking that they are not just misinterpreting it, but have overlooked essential detail in the 1966 UK-US exchange of notes. This is now the third time I have brought the exchange of notes to the Dispatch Box in just the last week, Mr Speaker. For the avoidance of any doubt in the House or any ignorance on the Government Benches, the 1966 treaty with the USA, which establishes the military base on Diego Garcia, states that the whole of the British Indian Ocean Territory

“shall remain under United Kingdom sovereignty.”

It goes on:

“Subject to the provisions set out below the islands”—

all the Chagos islands, not just Diego Garcia—

“shall be available to meet the needs of both Governments for defense”.

This is a legally binding treaty between the United Kingdom and the United States of America on the British Indian Ocean Territory, and any attempt by the UK to surrender sovereignty over BIOT violates international law. Yet when the Government signed and published their treaty on 22 May last year, and then published their surrender Bill, there was not a single mention in either the treaty or the Bill of the need for the exchange of notes.

On Monday, in response to our urgent question, the Minister for the Overseas Territories, the hon. Member for Cardiff South and Penarth (Stephen Doughty), said:

“we have been clear throughout that before the UK can ratify the treaty, we will need to do the following: pass primary and secondary legislation; update the UK-US agreement—the exchange of notes; and put in place arrangements on the environment, maritime security and migration”,—[Official Report, 26 January 2026; Vol. 779, c. 599.]

but this was not mentioned in any of the documents accompanying the legislation, let alone the treaty. When we have questioned this in both Houses, Ministers have merely said:

“Talks are ongoing to update the UK-US Exchange of Letters”,

but the exchange of notes was not even referred to in any of the documents accompanying the legislation.

I think this House deserves an explanation. When did the talks begin? What is the status of the talks? What is the timescale for making changes? Have the Americans raised concerns that the exchange of notes were not part of the original discussions with the US Government last year, when the Prime Minister said that the US supported the treaty? Why did the Government try to force through their surrender Bill without confirming the future of the exchange of notes?

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

Negotiations may well be ongoing, but the key question is whether the UK can make a unilateral decision to give away sovereignty without the blessing of the US. This question was posed three times on Monday, and the Minister simply said it is under discussion. Ministers need to answer directly today, so I pose this question now: can this be done unilaterally or not?

[Priti Patel]

Well, this is the perfect debate and opportunity for the Government to answer. Perhaps the Minister would like to intervene right now—I would be very happy for her to answer that question.

I have another question for the Minister: have the American Administration questioned why the British Government would want to give up sovereignty of the British Indian Ocean Territory and, in doing so, violate international law? For once, the Minister needs to just be straightforward and give precise answers to the precise questions asked by those on the Opposition Benches, because the Government have continuously failed to do so.

British taxpayers, by the way, rightly want an explanation as to why their taxes should line the pockets of the Government of Mauritius without full and proper scrutiny and the disclosure and transparency that they deserve. Perhaps the Minister can tell us what exactly the National Security Adviser, Mr Powell, and the former ambassador, Lord Mandelson—remember him?—told the US Administration about the surrender treaty. It is well known that the Government are run by their friends and cronies, and it is also well known that Jonathan Powell, a friend of China, accelerated the negotiations when he was appointed envoy in September 2024. And can anyone in this House really trust anything that Lord Mandelson would have been involved in? That is definitely a question for the Government.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Luke Evans and Priti Patel

2nd reading
Tuesday 9th September 2025 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right. It speaks volumes about the priorities that this Labour Government—socialist to the core in how they like to spend public money—are focused on. Come November, when the Chancellor has her Budget, there will be no point crowing about the past and blaming other people, other countries and international forces and factors. This is a fiscal mess made by this Labour Government with this utterly scandalous, appalling and reckless financial giveaway.

[Dr Luke Evans]

The Minister challenged the Opposition and the shadow Chancellor about our position on net present value, but the reason is that the use of NPV is unprecedented. It is used for commercial deals that the Government make and is standardised for that alone, not for international agreements on sovereignty. Does my right hon. Friend agree that we will not change on net present value, which has its place in commercial deals but not in giving away sovereignty?

[Priti Patel]

My hon. Friend is absolutely right; it is absolutely shameful. I come back to the fundamental principle that this House will have to consider: at a time when hard-pressed British taxpayers are struggling, with significant tax rises and the share of the tax burden on the public going up, the Government will have to have a good, hard look at themselves and justify this appalling cost to their own constituents.

--- Later in debate ---

[Priti Patel]

I will not. I know that the hon. Gentleman will speak later.

I turn to the British Chagossians. As well as undermining our security and defence interests and ripping off British taxpayers, Labour has betrayed the British Chagossians. Members on both sides of the House have recognised and acknowledged that the Chagossian community has faced injustice and hardship. Their removal from the Chagos islands is a source of great and profound regret. I pay tribute to the Chagossian community in Britain for their campaigning, and to Henry Smith, our former colleague as Member of Parliament for Crawley, who kept pursuing and raising the issue, and who fought in the House for their rights. As a result, we gave the community new rights in the Nationality and Borders Act 2022, which Labour voted against. I hope that the Minister can give assurances that those rights will not be undermined by the citizenship measures in clause 4 of the Bill. Because of that past, it is so important that any decisions made about the future of the Chagos islands are made with the community in mind, and that their needs are fully respected.

Ten years ago, when the Minister of State, Foreign, Commonwealth and Development Office, the hon. Member for Cardiff South and Penarth (Stephen Doughty), was the Opposition’s spokesman, he said:

“The people of Chagos must be at the heart of decisions about their future…the UK Government have a fundamental moral responsibility towards the islanders that will not go away.”—[Official Report, 28 October 2015; Vol. 601, c. 192WH.]

But this treaty fails them. I have met the community many times and heard their concerns and frustrations; I think everyone in the House will acknowledge their frustrations. They feel that they have been ignored throughout the process, and that the treaty has no guarantees for them. There is a £40 million Chagossian trust fund that UK taxpayers will capitalise, but the UK and the British Chagossians will have no control or say over how it will be used or controlled by the Government of Mauritius. I highlight that point because the Chagossians feel strongly—they fundamentally know—that they cannot trust the Government of Mauritius. The Bill and the treaty make no provision for the British Chagossians to benefit from the trust fund, or be involved in its governance; nor are they guaranteed any right to visit the Chagos islands. Those decisions will be controlled by Mauritius once sovereignty is surrendered.

Hon. Members across the House who have spoken up for British Chagossians know of their fears. It is right that I amplify those fears, or at least raise them in the House, because their voices have not been heard. Now is the time for them to be counted, for their voices to be heard, and, importantly, for their rights to be defended.

Another damning indictment of the Bill and the treaty is the way in which they fail to safeguard the 640,000 sq km marine protected area. Its unique biodiversity enables important marine research to be conducted. In just the last few weeks, a study that included researchers from Exeter and Heriot-Watt universities and the Zoological Society of London was published. It noted:

“Our results provide clear evidence for the value of the Chagos Archipelago VLMPA for protecting a diverse range of large and mobile marine species.”

Yet all we have heard thus far from the Government is warm words about intentions to continue with an MPA. No details have been published.

[Dr Luke Evans]

On the conservation point, is it not that the case has already been tested in UNCLOS between 2010 and 2015, when it was said that we could not go ahead with a marine protection area for this British territory because we had not consulted properly with Mauritius? At that point, it was also determined that UNCLOS could not rule on sovereignty as that was not its basis. So we found out not only about the sovereignty side, but that we cannot protect the islands on the environmental part. What guarantees does my right hon. Friend see in the treaty that we will have ecological protections in the area, given those findings?

[Priti Patel]

My hon. Friend is absolutely correct about UNCLOS and in highlighting the insecurities and serious challenges. It may be forthcoming, but at this stage we do not know what levels of protection will be provided or will continue. We do not know what level of resource Mauritius will put into the MPA or what the UK will contribute.

British Indian Ocean Territory

Debate between Luke Evans and Priti Patel

Wednesday 26th February 2025 Commons Chamber

[Priti Patel]

My right hon. Friend is absolutely right. It is shameful, because these are exactly the questions that we on the Opposition Benches were putting forward to the Government, and they were simply refusing to be transparent and answer any questions whatsoever. The fact of the matter is that the credibility and integrity of the Government is at stake. If they cannot come clean on these simple questions, what else are they hiding?

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

This was compounded even further only yesterday, when the statement was handed to the Leader of the Opposition with redacted information. That is absolutely shameful. The duty of His Majesty’s Opposition is to hold the Government to account. How can they do that if they do not get the information needed to make the best decisions for the country?

[Priti Patel]

My hon. Friend is absolutely right. I am afraid that the Government need to reflect on their own conduct. The British public are about to have to fork out huge amounts of money for a deal that has had no scrutiny or public airing whatsoever. The lack of transparency is one thing, but when we see this being repeated across every Government Department and even in a Prime Minister’s statement, it is simply unacceptable. There is something deeply shameful about the conduct and the lack of transparency of this Government.

Secondly, on the negotiations, the Mauritius Prime Minister has publicly given a chronology of the counterproposals his Government have put forward to change the agreement reached and announced by his predecessor and the UK Prime Minister. He has stated to his National Assembly that, upon taking office in November, he had—guess what?—reviewed the deal. This is exactly the same deal that the Foreign Secretary has described as “a very good deal”, and one he was “confident” that the Mauritians were still really sure about, yet the Mauritian Prime Minister concluded that the deal

“was so bad that we said, no way!”

There is video footage of that as well. It is available online for everyone to see. He claimed that he subsequently submitted a counterproposal to the UK and that the UK Government responded on 16 December.

Then, on 31 December, Mauritius submitted its response and requested a meeting in January, which was quickly arranged and held. That meeting took place. The Mauritius Cabinet then met on 15 January and, soon after, its delegation, led by its Attorney General, Gavin Glover, came to London to meet the Minister and the Attorney General, Lord Hermer. So, according to the Mauritians, a series of counterproposals and responses were exchanged, but when we have asked the Government about whether counterproposals were received and what they were, including at questions yesterday, Ministers have continually refused to say.

I find it astonishing that this House has had to rely on Hansard from the Mauritius National Assembly. It is very good; I recommend that colleagues read it. We have had to rely on that Hansard to find out what UK Government Ministers are up to. That is why our motion demands the publication of a chronology so that we can know what has happened. When we hear from the Minister, perhaps she can confirm whether this account from the Prime Minister of Mauritius is correct.

The Minister should also explain to the House the role that the Attorney General has been playing in these negotiations, because written answers have stated that his meeting with the Mauritius delegation last month was a “courtesy meeting”. But the Prime Minister of Mauritius has stated that when his Attorney General met his British counterpart, Lord Hermer, and the Under-Secretary of State in the Foreign Office, they both assured him of the commitment of the UK Government to signing the agreement between Mauritius and the United Kingdom. Giving that assurance seems to demonstrate that the Attorney General was actively playing a part in the negotiations, rather than attending a “courtesy meeting”, and in view of that previous interest in the British Indian Ocean Territory, questions will rightly be raised about his involvement. So can the Minister confirm whether the Attorney General has recused himself from these matters?

Thirdly, we know from the account given by the Prime Minister of Mauritius that concessions have been made over sovereignty, even though Ministers here have refused to confirm or admit it. The joint statement of 3 October said:

“For an initial period of 99 years, the United Kingdom will be authorised to exercise with respect to Diego Garcia the sovereign rights and authorities of Mauritius required to ensure the continued operation of the base well into the next century.”

When we asked yesterday whether a change had been made, the Minister of State, Foreign, Commonwealth and Development Office, the hon. Member for Cardiff South and Penarth (Stephen Doughty) said:

“The fundamentals of the deal remain the same”.—[Official Report, 25 February 2025; Vol. 762, c. 618.]

But if the fundamentals of the deal remain the same, why has the Mauritius Prime Minister said that

“there have been changes. The British agreed. We insisted that the sovereignty issue is the crucial and the most important issue…We insisted that it be clear that we have complete sovereignty on the Chagos, including Diego Garcia. The British agreed to that and this has been changed.”

And why is it that, in a letter sent to me this week by the Foreign Secretary, he does not use the word “sovereignty” in relation to the lease, only stating:

“The UK would retain all the rights and authorities we need to ensure the long-term, secure and effective operation of the base.”

The difference in the language between the joint statement from October and this letter to me matters. The Minister, the Foreign Secretary and the Prime Minister might not realise it, but removing sovereignty is a fundamental change, and it matters for the defence and security of our country.

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[Priti Patel]

There is plenty of speculation as to why the Government wish to go down this course, and it is not in our national interest. I will say it: Labour does not represent the national interest when it comes to sovereignty and fighting for the real freedoms that the British people believe in.

I have spoken already about the terms of the lease. The Labour Government have also made concessions on the cost—the price that British taxpayers will be forced to pay because of this shambolic, economically illiterate Government. For weeks we have been asking about the cost and any changes made from the position in October, and for weeks Ministers have failed to give answers, but the Prime Minister of Mauritius has confirmed that concessions have indeed been made. He told his National Assembly that

“we also wanted to do front loading; some of the money had to be front loaded,

—he said that with a lot of enthusiasm—

“and that also is being agreed to”.

It was only after I wrote to the Foreign Secretary to highlight this that he finally accepted that this has happened and that changes have been made. He wrote in his letter to me:

“There have been some changes to the financial arrangements to enable a limited element of frontloading, but the overall net present value of the treaty payments (which accounts for the impact of indexation) has not changed since”.

That change was not announced to the House, and nor did the Minister, or any Minister, mention that in this Chamber or when I raised it in the House yesterday.

We know that the costs will be front-loaded, but we still do not know what they will actually be. The Foreign Secretary told me in his letter that the £18 billion figure reported

“is false and significantly exceeds the quantum.”

So what is the figure? Is it £9 billion, £12 billion, £15 billion? Is it higher or lower? The Minister need only nod to give us clarity on that, but perhaps she does not even know the cost.

[Dr Evans]

The Defence Secretary was asked this morning on LBC where the funding was coming from. He said:

“There will be no payments unless and until the deal is struck.”

That does not answer the question. Who would go into a deal without knowing how they will pay for it? Which budget is the funding coming from—the Foreign, Commonwealth and Development Office budget or the Defence budget? Is it included in the new defence spending or not? Those are questions that the Prime Minister refused to answer today. Does my right hon. Friend have any thoughts on how we can get those answers now?

[Priti Patel]

I thank my hon. Friend for that essential question, which remains unanswered. At the end of the day, the Government must be clear about which budget that money is coming from, because we need to know. We do not even know the sums, but this is taxpayer’s money. How can any Government justify those extraordinary sums?