Diego Garcia Military Base and British Indian Ocean Territory Bill Debate

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Department: Foreign, Commonwealth & Development Office
Wendy Morton Portrait Wendy Morton
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I am grateful to the Minister, but can he actually give me the reassurance that no discussions are taking place? Perhaps he can answer that question when he responds to the debate later.

The promises given by Ministers that nothing can happen in the Chagos archipelago that threatens our interests are already being undermined. If these discussions with a friendly country are taking place without the UK, I can only wonder what discussions are taking place in secret. If such discussions are taking place, that would undermine the assurances Ministers have given to this House and be an act of bad faith on the part of Mauritius. The House knows that this Government kowtow to the Chinese Communist party, leading it to threaten our interests here. Now, they are failing to take seriously the warnings about China, and the threats it poses to Diego Garcia, our military assets and our interests in the Indo-Pacific.

Graham Stuart Portrait Graham Stuart (Beverley and Holderness) (Con)
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My right hon. Friend has highlighted the Prime Minister misleading—perhaps I have to say inadvertently misleading —us about the cost of this, when the Government Actuary’s Department has shown that it is £35 billion. More than that, he was suggesting in his press conference that China, Russia and others—

Caroline Nokes Portrait The Second Deputy Chairman of Ways and Means (Caroline Nokes)
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Order. The right hon. Member may like to rethink his words about the Prime Minister.

Graham Stuart Portrait Graham Stuart
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I bow to you, Ms Nokes. Having misrepresented—I think I am allowed to say that—

Graham Stuart Portrait Graham Stuart
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Oh, I cannot say “misrepresented”. Having inadvertently confused the £35 billion that is actually going out with the £3.5 billion he claimed was going out, the Prime Minister, equally inadvertently, Ms Nokes, made out that China, Iran and Russia were in the column—he used the word “column”—of those opposing this deal, although I think each and every one of them came out publicly to say how much they welcomed it. Can my right hon. Friend share any knowledge about that with us?

Wendy Morton Portrait Wendy Morton
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I think my right hon. Friend makes some very interesting points, and perhaps not surprisingly, one might ask the question: are the Government sleeping with the enemy here?

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Al Pinkerton Portrait Dr Pinkerton
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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 Portrait Graham Stuart
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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.

Al Pinkerton Portrait Dr Pinkerton
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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.

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Nigel Farage Portrait Nigel Farage
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When the Americans realise that, actually, Mauritius is not a trustworthy nation—it is bankrupt; it needs the money; it will not honour this treaty—we will be in a very different place. I do ask the question about the role of our National Security Adviser, somebody very much in the news in the last few days. He was seemingly very happy that a trial against two alleged Chinese spies, operating at times within this building, had disappeared. Not only is he honouring the Labour manifesto, which is very soft on China, but apparently he is very for this Chagos deal.

I put it to Members that this deal is un-British, it is against our national interest, and there is no upside or gain. I can assure them that a future that a future Reform Government will not honour this treaty—end of.

Graham Stuart Portrait Graham Stuart
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I refer the Committee to my interests, having observed the Mauritian elections last year as a guest of the Mauritius Labour party.

It is hard not to feel a little bit sorry for the beleaguered Minister at the Dispatch Box today, sent to defend something that is so clearly a betrayal of this country and its interests. Out of the grand total of 400-plus Labour Members of Parliament in this House, he was backed by just one—the hon. Member for Leyton and Wanstead (Mr Bailey)—who sat with his face glued to his iPad, reading the words put there by Lord knows who, and who struggled so much when he finally took an intervention and had to speak off the cuff. Indeed, he has fled now, doubtless to lick his wounds. Not one single other of those 400 Government MPs wanted to come here and defend this Bill.

The Minister is in fact a decent man, and he will know that this Bill has no defence and brings no benefit to this country. Last week, too, we had a Minister sent out to answer for the China spy case. He had never spoken at the Dispatch Box before; it was his very first outing, but he was thought the best person to defend the Prime Minister’s blushes by knowing nothing about the topic in hand and denying things—without lying—by dint of ignorance. It was indeed a triumph, of sorts.

Armando Iannucci and “The Thick of It” cast could not script something as cynical, empty and damaging as this Government’s behaviour in so many spheres. As we can see in the amendments and new clauses before us, which will doubtless all be rejected by the Minister, amidst the betrayal of first-time buyers, farmers, small businesses, special needs children, pensioners, young workers—

Caroline Nokes Portrait The Second Deputy Chairman of Ways and Means (Caroline Nokes)
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Order. Perhaps the right hon. Gentleman might stay within the scope of the Bill.

Graham Stuart Portrait Graham Stuart
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Thank you, Madam Chair. I was setting the context for the amendments to the Bill that we are rightly proposing to ensure that the Government report back on the money that they plan to spend and to ensure that the Mauritius taxpayer is not the only taxpayer to benefit from this.

As I say, the amendments and new clauses come amidst the betrayal of those first-time buyers, farmers, small businesses, special needs children, pensioners, young workers, restaurants and pubs, and amidst the expense grifting, tax dodging, scandals and resignations packed into 14 busy months. Amidst all that, this Chagos sell-out is still a stand-out disaster for this country, and the Ministers on the Front Bench know it. That is why not a single one of their 400-odd colleagues—bar one, glued to his iPad—has been prepared to come to this Chamber tonight and speak in favour of the Bill.

That is why there is no provision to allow a vote on the £3.4 billion—sorry, not £3.4 billion; the £35 billion that has now been set out. As the hon. Member for Clacton (Nigel Farage) rightly says, that is based on a rather small c conservative estimate of the interest, but that is what the Government themselves have said it is likely to cost. This Labour Government decided to give away UK sovereign territory and the location of a critically important military base to another country, and to pay £35 billion for the privilege.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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On the argument about the money, which comes up throughout all this and which we had in the last debate, the Government have used a dodgy system to calculate it. It is called the GDP deflator. Their own actuarial department has dismissed that completely because, of course, it is all about a forecast of where social issues will go on an island that will never have anything to do with us after all this, so we have no idea how to predict it.

Finally, clause 5 makes this whole debate meaningless, because the Government can change anything they like whenever they wish to, so what the heck are we doing debating this even now?

Graham Stuart Portrait Graham Stuart
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My right hon. Friend makes an extremely powerful point. The Henry VIII powers in the Bill are not limited at all. I heard so many complaints when I was a Minister from the Labour party about Henry VIII powers. The Bill literally gives Ministers the ability to change any existing piece of legislation in any sphere whatsoever if it is necessary to implement this deal. There can never have been a Henry VIII power as powerful as that given to Ministers by this legislation, which is all to do with the surrender of Chagos and the transfer of tens of billions of pounds to a foreign power—a foreign power that is in a strategic partnership with China and in close workings with other countries that are not on our side. What on earth was the Prime Minister thinking? As the Minister lay in bed last night tossing and turning in anticipation of the debate, I am sure that that was the question that went round and round in his head.

So many questions remain to be answered. Why did the Prime Minister say that the payment would be £3.4 billion when the Government’s own offices now show that it will be at least £35 billion? Is this the most important strategic base in the Indian ocean? Can the Minister confirm that Diego Garcia is effectively a US base, manned by thousands of Americans, with at most a few dozen Brits there in liaison? If this is in fact a United States base and not operationally—

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Graham Stuart Portrait Graham Stuart
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It might be a joint base technically, but what is it in reality? I would love an intervention from the Defence Minister; he could tell us. How much do we use it operationally, because there are thousands of Americans there and, as I understand it—unless he corrects me—at most dozens of Brits. In other words, it is a United States base on sovereign UK territory that we will pay tens of billions of pounds for over the next 100 years to provide it to the Americans for free. It makes no sense, and I do not see why we have had no answer from Ministers as to why that is a sensible use of public money.

Graham Stuart Portrait Graham Stuart
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I will give way to the Minister and then to my right hon. Friend.

Stephen Doughty Portrait Stephen Doughty
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I thank the right hon. Gentleman for his generous comments. He and I have always had robust but friendly discussions on many issues. However, I do have to correct him on this point. The US pays for the operations, and the value to the British taxpayer, the US taxpayer and, indeed, all our allies is priceless in that it protects the people of this country from multiple threats, so what he says simply does not make sense.

Graham Stuart Portrait Graham Stuart
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The United States plays a critical role as a member of NATO and as a key ally—if not the key ally—of ours, but despite the priceless nature of the service it provides, we do not typically pay for it. We do not normally pay for its bases; we pay for our own.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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Will the right hon. Member give way?

Graham Stuart Portrait Graham Stuart
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I said I would give way to my right hon. Friend the Member for New Forest East (Sir Julian Lewis).

Julian Lewis Portrait Sir Julian Lewis
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My right hon. Friend is quite right. On the face of it, this does not make sense, unless we look at it in one particular way. If the Government have made a decision that they wish to have a strategic economic partnership with communist China, this makes sense, the closing of the case with the China spies makes sense, and the willingness for China to have the biggest embassy of any country in Europe makes sense. Even though the Government say that that is a quasi-judicial decision, it is interesting that for political reasons, they put it off till December. None of it makes sense, or all of it makes sense, as long as the National Security Adviser wants us to suck up to communist, totalitarian China.

Graham Stuart Portrait Graham Stuart
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My right hon. Friend makes a powerful point. That is at the heart of it. There are so many questions but one question is: why? Why would a deal like this be done by the Government? He puts forward a credible case as to why it might be.

Phil Brickell Portrait Phil Brickell
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Will the right hon. Member give way?

Graham Stuart Portrait Graham Stuart
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Perhaps the hon. Gentleman, who is not brave enough to speak fully but is prepared to intervene, can tell us why he would like to vote, if only he was given the chance, to give £35 billion to Mauritius and hand over a sovereign British base to someone in strategic partnership with China.

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Graham Stuart Portrait Graham Stuart
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That is rather desperate. I give way to the right hon. Member for East Antrim.

Sammy Wilson Portrait Sammy Wilson
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The Minister described this asset as “priceless”, yet he is giving it away—and not only is he giving it away; he is paying someone to take it! Is this the kind of decision people would expect from a rational Government? More importantly, if it is priceless in security terms, why are we compromising it?

Graham Stuart Portrait Graham Stuart
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The right hon. Gentleman is quite right to ask that question. That is what we are trying to get to the bottom of, and we hope to hear answers from the Minister this evening so that ordinary citizens of this country can understand how it is in the UK’s interest to do this.

Of course, other points have been touched on, including, quite rightly, the Chagossians. Why is the Labour party—the party so committed to human rights and which very much sees itself as champion for the underdog—absolutely disregarding the Chagossians? As the hon. Member for Bolton West suggested, Labour also sets itself out as a nature and climate champion, yet it is handing this asset over to a country without the wherewithal—I do not know about the will, but it is certainly without the wherewithal—to ensure that the protection of that marine area continues. That is the problem, and it is why we need answers from the Minister. The Government may be unable to get anyone to speak in favour of the Bill, but they should think again, accept the amendments and new clauses, and bring some light to bear on this rather murky issue.

Aphra Brandreth Portrait Aphra Brandreth (Chester South and Eddisbury) (Con)
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The treaty that the Bill will implement is shocking for so many reasons: the security implications, the staggering costs, and the voices that it has ignored—the voices of British Chagossians. Their views and concerns are many and varied. I had the privilege of meeting members of the community when they came to Parliament, while the former Foreign Secretary, the right hon. Member for Tottenham (Mr Lammy), met British Chagossians only once, and that was on the very day that the treaty was signed—far too late for their voices to have any influence. They are rightly frustrated that they have been excluded from negotiations and denied meaningful engagement. It is painfully clear that their voices were not considered; if they had been, the treaty might have placed their rights at its very centre.

Instead, article 6 gives Mauritius the freedom to resettle Chagossians, but not the duty to do so. After half a century of waiting for it, their right of return is left entirely at the discretion of a foreign Government. Under article 11, despite the billions of pounds that the Bill will transfer to Mauritius, only a fraction—in the form of a trust fund—is intended for Chagossians. Even then, it will be administered solely by Mauritius, with no guarantee that British Chagossians will have any say in how it is spent.

The treaty says that the UK and Mauritius want to

“recognise the wrongs of the past”,

but how can we recognise a wrong if we refuse to listen to those who suffered it? New clause 7, tabled by the shadow Foreign Secretary, my right hon. Friend the Member for Witham (Priti Patel), is vital because it would require the Government to listen to and consult the Chagossian community here in the UK, and to report back on how their rights are being upheld. That would give British Chagossians the voice that they have been denied again and again.

Another vital issue is the risk that the Bill poses to one of the most precious marine environments on earth. The waters around the Chagos Islands form one of the world’s largest and most pristine marine protected areas. As we have heard, it is a haven of biodiversity, untouched by industrial fishing since 2010. Yet the treaty places that fragile ecosystem in jeopardy. Mauritius has promised to establish a new marine protected area, but it lacks the capacity to enforce it. It has no navy, and its coastguard of nine vessels is already stretched by patrolling waters thousands of miles away. By contrast, the UK has spent over £1.2 million since 2022 on monitoring and protecting those seas, developing world-leading expertise in remote enforcement through ships, sensors and satellite imagery.

Illegal fishing is already rife across the Indian ocean. China’s distant-water fleet is the largest in the world and the worst global offender for illegal fishing, according to the illegal, unreported and unregulated fishing index. What confidence can we have that Mauritius—a close ally of China—will be able or willing to resist such pressure and protect these fragile waters?

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Danny Kruger Portrait Danny Kruger
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I am grateful to the Minister. I suspect there has been a private conversation with the American Government as well, and that in recognition of the fait accompli that this Government have yielded to Mauritius, the Americans have extended this somewhat limited statement of support for the deal as some kind of favour to the Prime Minister, in exchange for support he has given them on other matters. The fact is that this deal is bad for Britain and bad for Britain’s sovereignty, and behind the scenes we know that the Americans do not support it.

I want to talk about secret deals, because my only addition to the debate—very powerful points have been made already—is to say that secret deals have been done with respect to the Chagos islands in the past. Under the 30-year rule, archival evidence has come out recently of a secret deal with respect to the base at Diego Garcia between the British Government of the day—the Thatcher Government—and the American Administration. That deal was done in the national interest. The renewal of the nuclear deterrent—the Trident programme—was being set up, and there was an agreement with the Americans whereby they could expand their access and the use of Diego Garcia in exchange for a reduction in the fee, essentially, that the British Government were charged for collaboration on the Trident programme. We had to pay significantly less than we would have paid otherwise because of the expanded access that we were giving to the Americans in those years. It was called the Diego-Trident package in the negotiations and the correspondence between the British and the Americans at that time. It was kept quiet for understandable reasons, and we only know about it now. I worry that there is a similar lack of transparency around this deal because, as I say, it cannot possibly be a deal that is in the national interest.

Graham Stuart Portrait Graham Stuart
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We are trying to get to the bottom of precisely why the Labour Government would make this deal. The hundreds of people who worked at the Vivergo plant in my constituency were sold out by the Prime Minister who, in a personal call with the President of the United States, surrendered the entire bioethanol market of this country to the United States, with nothing in return, at the end of an already concluded trade deal negotiation. It is things like that that make us worry what is behind this Bill, what is the secret deal and exactly who has been sold out.

Danny Kruger Portrait Danny Kruger
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The right hon. Gentleman is absolutely right. The key demand that this House is making is for greater transparency about what is going on behind the scenes with this deal. I implore the House to insist that, before Parliament accepts any new arrangements for the sovereignty of the Chagos islands, Ministers explain what is going on. Specifically, is the Minister aware of any effect on our nuclear posture? Is there any relationship between the deal that is being done today and implications for our deterrent? The base is vital to our national interest, and I would be grateful to understand whether any discussions have been had with reference to the deals that were done many years ago about the relationship with the nuclear deterrent.

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We have also heard it said from the Dispatch Box that perhaps it is the United Nations convention on the law of the sea, but we also now know that in 2015 UNCLOS excluded itself from the ability to have jurisdiction on land-based disputes. So, my goodness, don’t we need amendment 7, which would require the Government to publish the legal arguments behind their currently baffling decision to go through with this deal?
Graham Stuart Portrait Graham Stuart
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We are all wrestling with the question “Why?” As my hon. Friend has said, the Government’s position was clear in 2017: namely, that the ICJ had no power over a deal we made with a Commonwealth member. Perhaps this Prime Minister has, without telling us, reversed that in some way, and the Government have decided that this should be subject to the ICJ, in which case the Minister would have a point, but should we not know that we made ourselves subject to the ICJ when previously we were not? What other answers are there?

Jerome Mayhew Portrait Jerome Mayhew
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My right hon. Friend is absolutely right to ask those questions—questions that have been asked of the Government time and again throughout this legislative process, but to which we simply have not had an answer.

The Government seem to be blind to the risk of the craven withdrawal of influence from the Indo-Pacific region. This is more Jonathan Powell. He was, of course, the Prime Minister’s envoy, and the architect of the negotiation and the deal. The more I learn of Jonathan Powell, the more I realise that he seems to have a long-term instinct to downplay the threat from China—a threat in the Indian Ocean through this negotiated deal. Let us not forget that this is the same Jonathan Powell who now wears a different hat. He is now the National Security Adviser, and that, very unusually, was a political appointment. There is the question of his involvement—or perhaps it is not his involvement— in the collapse of the Chinese spying case. We are asked to believe that he was not involved in it, and that seems baffling as well.

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Stephen Doughty Portrait Stephen Doughty
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The right hon. Member knows that we regret what happened historically in relation to the Chagos Islands. He will also know that the islands are not permanently inhabited. That was necessarily a negotiation between the United Kingdom and Mauritius.

Let me respond to the many points about the environment, on which many amendments were tabled. We are absolutely clear that the United Kingdom and Mauritius are committed to protecting one of the world’s most important marine environments. Indeed, the Mauritian Prime Minister met the former Secretary of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for Streatham and Croydon North (Steve Reed), in the margins of the third United Nations ocean conference in Nice on 9 June, where he reaffirmed his commitment to the creation of that marine protected area around the Chagos archipelago. That will be supported by an enhanced partnership with us. The treaty has been welcomed by leading conservation NGOs, including the Zoological Society of London. We continue to work with Mauritius on the implementation of that measure. We are considering seriously the many genuine concerns that right hon. and hon. Members, including the Chair of the Foreign Affairs Committee and members of the Environmental Audit Committee, have raised. They are serious and important questions, and I assure the Committee that we are taking them seriously, and I will try to update the House on them in due course.

Graham Stuart Portrait Graham Stuart
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I am grateful to the Minister for giving way—he is being very generous. In 2017, the clear position was that the International Court of Justice was not in a position to adjudicate on the relationship between us and a member of the Commonwealth. Has that changed, and, if so, when?

Stephen Doughty Portrait Stephen Doughty
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We have been very clear about the legal position and the legal risk. The right hon. Gentleman’s Government knew this; it is why they started the process. I do not want to detain the Committee by going through all the arguments that I made on Second Reading—[Interruption.] But he knows that we faced the comprehensive rejection of our arguments at the ICJ in 2019, we lost votes at the UN General Assembly, we had the maritime delineation judgment binding on Mauritius and the Maldives—[Interruption.]