Diego Garcia Military Base and British Indian Ocean Territory Bill

Al Pinkerton Excerpts

2nd reading
Tuesday 9th September 2025 Commons Chamber

[Luke Pollard]

I agree with the right hon. Gentleman about the way the Chagossians were treated. For those who have a copy of the treaty to hand, part of the preamble says that the parties are

“Conscious that past treatment of Chagossians has left a deeply regrettable legacy, and committed to supporting the welfare of all Chagossians”.

That is in the treaty because their treatment was unacceptable, as he has explained, and it has caused a legacy of pain and suffering for that community. It is the reason why the Foreign Office Minister, my hon. Friend the Member for Cardiff South and Penarth, has engaged so much with the different views of a range of Chagossian voices in this debate.

I will come on to answer the right hon. Gentleman’s question when the interventions slow down a wee bit but, to get ahead of that, people will be able to visit Diego Garcia. Chagossians will be able to visit Diego Garcia as part of this treaty, which they are not currently able to do, but they will not be able to reside on Diego Garcia. They will be able to do so on some of the outer islands, for which the provisions will be different, but the military base is a military base for a reason, and although people will be able to visit, they will not be able to reside there. I will come back to that in due course.

[Dr Al Pinkerton (Surrey Heath) (LD)]

Will the Minister give way?

[Luke Pollard]

If the hon. Member does not mind, I will come back to him when I deal with the Chagossians later, but in the meantime I am happy to take the other intervention.

--- Later in debate ---

[Luke Pollard]

I will come back to the hon. Gentleman in a moment.

Although the Chagossians could not be part of the negotiations as they were conducted on a state-to-state basis, both the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), and Foreign and Commonwealth Development officials have met and had regular meetings over the past year, and stayed engaged with their diverse views. There are diverse views within the Chagossian community that are strongly held, and we have listened and respected those.

[Dr Al Pinkerton (Surrey Heath) (LD)]

As some Members laugh about the nature of the 99 years and other Members talk about the sums of money involved, I ask all of us to look at the Public Gallery to remind ourselves that there are Chagossians here today who feel deeply aggrieved by the deal. They feel that the Foreign Office and this Government have not gone above and beyond to consult all the groups involved. The Minister said that this deal does not refer to other overseas territories, but the principle of self-determination of our overseas territories’ citizens—

[Madam Deputy Speaker (Judith Cummins)]

Order. Interventions need to be brief.

--- Later in debate ---

[Tim Roca]

I will not. I experienced the right hon. Gentleman defending the hereditary principle last week, and I do not think I have the strength in me this week to listen to another argument.

The final test was on costs and obligations. Again, Ministers have talked powerfully about the deal being less than 0.2% of the defence budget. Comparisons have been made with what the French are paying in Djibouti, and I am glad that we are getting a better deal than the French. Of course, Diego Garcia is 15 times larger than those bases and in a more strategic location. The treaty gives us immense operational freedom. It therefore seems to me that this is a modest investment for an irreplaceable asset. The risks from delay or abandonment—in this argument, we have to balance the treaty with the risks of what could happen—are vastly greater.

[Dr Pinkerton]

The hon. Gentleman describes Diego Garcia as an irreplaceable asset, but the Chagossians sitting in the Gallery do not see it as an asset; they see it as their home. Even though they have been displaced from their home for the best part of 50 years, they tell me that they see the actions in the Chamber as a new round of the same colonial humiliation they experienced in the 1960s and 1970s. What does the hon. Gentleman say to those Chagossians here today?

[Tim Roca]

I thank the hon. Member for raising that important aspect. We should all be honest that, as was put powerfully by my hon. Friend the Member for Crawley (Peter Lamb), our country’s history with the Chagossians has been very poor—if we look at some of the diplomatic cables from the 1960s, we see that disgraceful language was used—but I was reassured by what Ministers said about the preamble of the treaty and some of the provisions put in place.

It is a matter of fact that the previous Government were in negotiations with Mauritius over this issue. That was the case, and there will have been motivations for their doing that. I am worried about how our other overseas territories are being dragged into this. A couple of months ago, I was in Gibraltar with colleagues who privately told me they were horrified that party politics were being played with their communities. I am glad to see that Gibraltar’s Chief Minister was clear on the record that there was “no possible read across” to Gibraltar, and the Governor of the Falklands said that the

“historical contexts…are very different.”

I am confident that we meet the three tests.

--- Later in debate ---

[Phil Brickell]

Thank you, Madam Deputy Speaker.

Labour has finished what the previous Government started—what was left to us after former Prime Minister Liz Truss let the genie out of the bottle in starting negotiations with Mauritius in 2022. That was reported, and much maligned, by Matthew Parris in The Spectator at the time—let us not forget that. This Government have sought to strike a deal in Britain’s best interests, given the legal mess that they inherited. Let us be clear: this agreement secures the future of the Diego Garcia base. Britain retains control of the base, as the Minister confirmed in response to my intervention near the start of the debate. There is a protective buffer zone, and no foreign security forces will be on the outer islands. There will be a robust mechanism to prevent interference, and for the first time, Mauritius has agreed back the base’s operations. That is a huge strategic win.

What about cost? Let us get this clear, because some of the disinformation coming from the Conservative party is concerning; it is unnecessarily setting hares running about the future of other British overseas territories, including the Falkland Islands and Gibraltar. The overall cost has not changed from that negotiated with the former Mauritian Prime Minister, and suggestions to the contrary are simply false. When set against the cost of inaction, the financial component is modest. It is far cheaper than the spiralling costs of legal uncertainty, and far cheaper than the price we would pay if Chinese expansionism went unchecked in the Indian ocean. For a fraction of our defence budget, we will secure a cornerstone of global stability. Let us not forget that the agreement will have an average annual cost that represents 0.008% of total Government spend, according to the Government Actuary’s Department.

[Dr Pinkerton]

Earlier in his very carefully crafted speech, the hon. Gentleman said that this deal protects freedom. One of the freedoms that citizens of the British overseas territories to which he referred most appreciate is the freedom to determine their own future. Why does he think that Chagossians should be made an exception and denied the right to determine their own future?

[Phil Brickell]

I am sure that the Minister will come to that in his closing remarks. I have to concur with other Members that the way the Chagossians were treated in the ’60s and ’70s was utterly shameful. I am proud that there will be rights of return, and the ability to visit.

Conservative Members claim to be the champions of defence, but that is not borne out by the facts, which include an 18% cut in defence spending in their first five years in government, and their shrinking the Army to its smallest size since the Napoleonic era. In how many years out of 14 was the target of 2.5% of GDP spent on defence hit? Zero. They should not lecture Labour Members on national security. The Government’s plan is straightforward, transparent and serious. We have the largest increase in the defence budget since the cold war; we are rebuilding alliances that previous Governments wantonly vandalised; we are acting where there was dither; we are governing in the national interest; and, importantly, we are securing the long-term future of the Diego Garcia base.

It is clear that a binding adverse judgment against the UK was inevitable. Since 2015, 28 international judges have expressed views on Chagos sovereignty. That was under the previous Government, and not one of those 28 judges backed Britain’s claim. Without an agreement, our ability to operate the base would have been compromised. Overflight clearances would have been at risk, contractor access would have been uncertain, communications would have degraded, costs would have soared, and investment would have fallen. Who would that benefit? I put that to Conservative Members, but I will give them a clue: it is not Britain, and not Britain’s allies. This deal secures Diego Garcia, cements our role in the Indo-Pacific, strengthens our ability to push back against Chinese influence, and shows that Britain is a dependable ally that takes national security seriously.

I wish to make a closing remark on the reasoned amendment by the Reform party, in the names of the hon. Members for Clacton (Nigel Farage), for Boston and Skegness (Richard Tice), for Runcorn and Helsby (Sarah Pochin) and for Ashfield (Lee Anderson), who seem not to be present. I will read out a part of it that I am gobsmacked nobody has picked up on in this debate:

“because the reason for the UK-Mauritius Treaty and for bringing forward this Bill follows a judgment from the International Criminal Court, from which the UK does not recognise judgments as binding, only advisory”,

they will oppose this Bill. I want Reform to answer: which case before the International Criminal Court is it referring to? Is Reform suggesting that, were it to come to power, it would not recognise the binding judgments of the International Criminal Court? Will it take us out of the ICC? Unfortunately, Reform Members are not here to respond.

The Conservatives opened the door to this treaty. Labour inherited a legal mess, but it has delivered a deal in the long-term national interest. For a small cost, we have achieved a huge strategic win. That is why I am proud to support this Bill, and I will vote with the Government tonight.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Al Pinkerton Excerpts

Committee of the whole House
Monday 20th October 2025 Commons Chamber

[The Second Deputy Chairman]

I call the Liberal Democrat spokesperson.

[Dr Al Pinkerton (Surrey Heath) (LD)]

I will speak in support of seven amendments tabled in my name. For too long, decisions about the Chagos islands have been made without the consent of Chagossians. My grave concern is that the treaty to be given effect by the Bill fails to rectify that historical and ongoing injustice. Not only does it fail to provide adequate protection of their rights, it fails to establish a legally binding right to return or a binding programme of resettlement of the islands for Chagossians.

Turning to amendment 9, we recognise and support the importance of abiding by international law and believe that the UK was indeed right to open a process of negotiation with Mauritius—especially so given the risk that a judgment against the UK in any court could threaten our sovereignty over and security interests in Diego Garcia and the wider Chagos archipelago. However, the treaty that has emerged not only falls short in addressing past injustices, but introduces new injustices of its own.

At the very core of the United Nations charter—a document that this country helped to shape—lies the right of all peoples to self-determination. Article 1(2) could not be clearer: one of the purposes of the United Nations is to

“develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples”.

Yet for the Chagossian people that right has been denied for more than half a century. They were exiled from their homeland in the Chagos archipelago, scattered across the globe, and left without the means or permission to return. It was, and remains, a moral stain on our modern history.

[Jeremy Corbyn]

I absolutely agree with the hon. Gentleman about the lack of morality in how the Chagossian people were treated—he is correct on that. Would he accept that there was something fundamentally wrong in 1965 in separating Diego Garcia and the archipelago from Mauritius when the whole area had always been administered from Mauritius as part of Mauritius, and that under decolonisation statutes they should have been included in the independence of Mauritius at that time?

[Dr Pinkerton]

I am grateful to the right hon. Gentleman for his intervention. I am aware that he has a long history in advocating for this particular cause, but I am relentlessly surprised by the position he takes on this point. He would seek to effectively reinscribe the colonial construction that was British Mauritius and in doing so ignore the right of Chagossians as a people to self-determine their own future. I do not see the colonial convenience of administration as anything other than overwriting a people’s right to determine their own future.

On that point, in 2019 the International Court of Justice issued an advisory opinion that concluded that the decolonisation of Mauritius had not been legally completed and that the United Kingdom should end its administration of the Chagos islands as rapidly as possible. The General Assembly subsequently endorsed that same view. But I say to this House that the ICJ opinion, however well intentioned, poses a profound problem. It proposes to hand sovereignty not to the Chagossians themselves but to Mauritius, without consulting those who were born of the islands or who are descended from them. That is not self-determination but the transfer of sovereignty over a people without their consent. The right to self-determination belongs to peoples, not to Governments. It is not and should not be a device for tidying up the diplomatic ledger of empire, but a recognition that every community has the right to shape its own future. To remove the Chagossians once was a horrific wrong. To barter away their sovereignty now without their voice compounds that wrong.

If we truly honour the UN charter and the principles that this country has long championed, the Chagossians themselves must be placed at the centre of any future settlement. They must have a say over their citizenship, over the governance of their islands and over the prospects of return. The commitment to a referendum that sits at the heart of amendment 9 seeks to address that long and burning injustice by providing Chagossians with the opportunity to exercise their right to determine their own future.

[Chris Coghlan]

I entirely agree with my hon. Friend on the importance of having a right of referendum. I have had Chagossian constituents contact me with their outrage about the compounding of injustice in the new treaty. How realistic does my hon. Friend think it is to find people eligible to vote in a potential referendum, given the length of time that has passed since they were moved from Diego Garcia?

[Dr Pinkerton]

I am grateful to my hon. Friend for his question. He is right that, were a referendum able to be secured, it would be unusual because of the nature of the displacement of the Chagossians. But there have been previous international consultations, and with the collective will and intelligence of a House like this, the terms of a referendum could undoubtedly be negotiated. After all, Chagossians are not backwards in coming forwards and making themselves known to all of us.

For Chagossians, this is not a geopolitical abstraction, but a deeply human matter: one of belonging, fairness and justice. Requiring a report to be made to the House would ensure their voices are not lost amid the technical language of treaties and transfers. Amendment 9 would enable transparency, accountability and, above all, genuine recognition of the rights of Chagossians to self-determination. I encourage right hon. and hon. Members across the House to think carefully when they vote tonight.

New clause 9 speaks to another vital principle: our shared moral duty to protect the natural world. The Chagos archipelago is among the most biodiverse marine environments on Earth. Its coral reefs, migratory species and rich ecosystems are a global ecological treasure and a testament to what nature can be when left largely untouched by human exploitation. In recent months, I have spoken with scientific advisers who are deeply concerned about the Bill’s lack of provisions for establishing and governing marine protected areas. The environment and sustainability institute stresses that very large marine protected areas are vital for global conservation goals. Its research shows the archipelago’s exceptional role in protecting diverse mobile species across the Indian ocean.

New clause 9 would require the Government to publish an annual report produced with the Mauritian Government setting out the progress made in establishing and managing marine protected areas and the meetings held between the two Governments on the issue. Such reporting is critical to ensure that environmental protection does not fade into the sotto voce diplomatic arrangements. It must remain a visible, audible and measurable commitment to international conservation standards. If the Government are to honour their biodiversity beyond national jurisdiction pledge, future Governments must ensure stronger marine conservation, sustainable stewardship and shared responsibility. I believe that the new clause would achieve that.

New clauses 10 and 11 would build on the principle of accountability by ensuring regular oversight of how the Bill and its associated treaty arrangements are implemented. We believe that the Secretary of State should, within 12 months, lay before both Houses a report detailing the expenditure of public funds made under the treaty during the most recent financial year and the progress made by the UK in implementing the treaty’s obligations.

[Chris Coghlan]

At a time when the cost of living is so high, does my hon. Friend agree that the cost of maintaining and operating the Diego Garcia military base and military operations must be evaluated by the House against the expenditure of public funds made under the treaty each financial year?

[Dr Pinkerton]

The maximum possible financial transparency around the treaty arrangements is essential, not least for securing and establishing public trust. I fear that, without those high levels of accountability, public trust would rapidly dissipate. Furthermore, once every financial year, the Secretary of State should present to the House an estimate of the expenditure expected to be incurred in connection with the treaty, including payments or financial commitments to the Government of Mauritius and the cost of maintaining and operating Diego Garcia. If actual payments exceed those estimates, a supplementary estimate must be laid before the House for approval and parliamentary scrutiny. I reassure Conservative colleagues that the Liberal Democrats will support any amendment to the Bill that would increase financial transparency of the treaty.

However, our moral duty extends beyond matters of territory and finance. New clause 12 would require a comprehensive review of the welfare, integration and general needs of Chagossians living in the UK. Many Chagossians here face significant challenges, including housing insecurity, barriers to employment and limited access to public services. The review would assess what support is needed and ensure a full debate in this House and the other place on its findings. That is how we show genuine care for those displaced by the actions of our predecessors in the Chamber and in Whitehall.

Finally, new clause 13 would require the Government within six months to consult with Chagossians residing in the UK and the organisations that represent them on how the Act and the treaty affect their community socially, economically and legally.

[Graham Stuart]

The hon. Gentleman is giving a powerful speech on the Chagossians and marine protected areas, as well as the need for transparency. But it is not just about transparency. What I have not heard from him, on behalf of the Liberal Democrats, is any sense of outrage at the very fact that we are to pay out £35 billion for sovereign British territory on which we have arguably the most important base in the whole Indian ocean.

[Dr Pinkerton]

I am grateful to the right hon. Gentleman for his question. It is precisely in order to cast the strongest possible spotlight on the financial transaction involved that we are asking for financial accountability to be magnified. On his geopolitical point, nobody can question the significant geopolitical importance of the base—it is vital to our national security and to global security. It is essential that it is maintained in British hands, but that must be achieved with the consent of the Chagossians.

The resulting report to be laid before Parliament within 12 months would allow us to evaluate whether the Government’s legislative intent has translated into justice and inclusion in the lives of those who are most directly affected.

These amendments would address critical shortcomings with the Bill. They would embed accountability, environmental protection and a commitment to the right to self-determination within its framework for implementation. I urge Ministers to ensure that the Chagossians are not treated as diplomatic collateral in any future discussions with Mauritius. They are not a footnote to be managed between states; they are a people deserving of justice, agency and dignity.

The Chagossians have waited more than 50 years to go home. The least we can do now is let them decide freely and finally what home means for themselves and ensure that they have the tools they need to exercise their rights. The amendments tabled in my name seek to afford those protections and ensure that those rights are respected.

[Stuart Anderson (South Shropshire) (Con)]

I am delighted to be called so early. I will speak to the amendments in the name of the official Opposition, specifically on the reports going to the Intelligence and Security Committee, especially on security of the buffer zones, foreign security forces, military operations and personnel movements. The ceding of Diego Garcia is a monumental strategic error that will diminish the UK’s standing on the world stage, and I will gladly set out why I believe that is the case.

If anybody thinks they can predict what will happen in the next five years, they have learned nothing from the last five years. When we start extending that to 10-plus years in the current global geopolitical situation, that is so hard to look at. Everybody is playing by a set of rules and working to a past system, which is currently changing.

Strategic leadership is the ability to shape the environment we are in. Let us take two strategic leaders, regardless of our view of them at the moment: President Trump and Xi Jinping. They both want the world to change from where it is, and they want to adjust the shape of what it looks like. The world is currently seeing a disruption to the world order as we know it. The international rules-based order is being challenged. We are setting out a deal and a treaty based on an older system that we being asked to believe will be honoured for the next 99 years, but I do not believe it will be.

--- Later in debate ---

[Dr Al Pinkerton]

It gives me no pleasure to say that this Bill fails the Chagossian people. For decades, decisions about the Chagos Islands have been taken without the consent of those most affected. The treaty continues that injustice, offering no guaranteed right of return, no legally binding resettlement plan and no meaningful protection of Chagossian rights.

The Liberal Democrats support negotiations with Mauritius and support respect for international law, but never at the expense of Chagossian dignity. The treaty, as it stands, lacks transparency, environmental safeguards and accountability for the substantial public expenditure that it entails. That is why we tabled seven amendments to inscribe parliamentary oversight, to protect the marine environment and to uphold Chagossian rights to self-determination. That includes provisions for scrutiny of ministerial decisions, mandatory environmental reporting and a referendum of the Chagossian people themselves. We also called for full financial transparency and a review of the welfare of Chagossians living in the UK, many of whom continue to face hardship as a direct result of their historical displacement. This is not merely a matter of geopolitical assets or territorial claims; it is about justice, belonging and moral responsibility to those who call the Chagos islands home.

I thank the Minister of State at the Foreign, Commonwealth and Development Office, the hon. Member for Cardiff South and Penarth (Stephen Doughty), for the numerous conversations that we have had during the passage of the Bill—he has been generous with his time. I am disappointed, however, that he did not feel able to accept some of my amendments and suggestions during that process.

I will finish with words lifted from the UN charter, a document that this country helped to shape:

“The Purposes of the United Nations are…to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples”.

That right has been denied to the Chagossian people for more than 50 years, so I urge Members across the House to think carefully when voting this evening about whether they wish to compound that half century of injustice or embrace the foundational principles of the UN. [Interruption.] If this House wishes to do the latter, we cannot allow the Bill to pass without ensuring that Chagossians themselves are sovereign over their citizenship, the governance of their islands and the prospect of return. [Hon. Members: “How are you voting?”] I ask Conservative right hon. and hon. Members on my right-hand side, who have lauded the efforts of the Chagossian people but sat on their hands when they had the opportunity to give Chagossians the right to a referendum, whether they wish to keep chuntering from a sedentary position.

In direct response to the Minister, who challenged this in Committee, I say that the forced displacement of a people does not and cannot annul the identity or the rights of the Chagossians as a people. To suggest otherwise perpetuates the disgraces of the past and, as a sentiment, that is unworthy of this Bill and of this House.