Diego Garcia Military Base and British Indian Ocean Territory Bill

Iain Duncan Smith Excerpts

Monday 13th April 2026 Commons Chamber

[Stephen Doughty]

I thank the hon. Member for his comments and for his continued engagement in good faith throughout the process. I can absolutely assure him that in due course we will return to the issues that he and his colleagues discussed with us and the concerns that they expressed in amendments in this place and the other House, but I have to reject his assumption that the process has somehow met its demise. It has not been abandoned. We have always been clear about the need for agreement on the US-UK exchange of notes. I refer the hon. Gentleman to the comments of my noble Friend Baroness Chapman in the other place on 18 November:

“Before the UK can ratify the treaty, we will need to do the following: pass both primary and secondary legislation, update the UK-US exchange of notes, and put in place agreements on the environment, maritime security and migration.”—[Official Report, House of Lords, 18 November 2025; Vol. 850, c. 713.]

We have always been clear about the processes that need to be followed in parallel. It is regrettable that there has been a delay and that we have run out of time in this parliamentary Session, but the facts have not changed as to the need for the treaty or the need for the processes and legal provisions to be put in place.

The hon. Gentleman rightly raises concerns about the Chagossians. He and I have discussed those concerns on a number of occasions. We have engaged extensively with the Chagossian communities. There are a range of views in the community; there will be many Chagossians who will be deeply disappointed by the delay with the treaty, not least for the very reason to which he refers, which is that we believe that this is the best route, under Mauritius’s guidance, leading to resettlement. I re-emphasise our commitment to restarting, at an appropriate time, the heritage visits, which are so important. The hon. Gentleman will understand why the current situation does not allow that, but we will seek to do so at the earliest opportunity. We know how important it is, particularly for heritage reasons.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

The test of bad legislation is always whether it contains carte blanche Henry VIII powers—in this case in a thin and flimsy Bill—that grant the Government the right to do anything they like with the legislation, even after it has passed. That made it a dog of a Bill, but now the Government have paused it—or returned it, or U-turned, or whatever they are calling it. The Chagossians’ rights lie at the heart of this matter, so can I take the Minister back to the statement he made about the Chagossians? He talked about them wanting to come to some conclusion about their ability to return to the islands. The BIOT Supreme Court ruled that section 9 of the British Indian Ocean Territory (Constitution) Order 2004, which barred the right of abode to Chagossians, was illegal, so why have the Government mounted an appeal against that, to ensure that it is illegal for them to go to their islands? Does he think the Chagossians have no right to go to the islands, or that they do have a right? Which is it?

[Stephen Doughty]

The right hon. Gentleman is clearly familiar with the history, so he will know the judgments in the courts of England and Wales on the matter of the right of abode. I am not going to comment on ongoing legal proceedings, save to say that we were disappointed by the position that was taken. Our understanding is that the BIOT is appealing that judgment and we have taken an interest in that matter.