Diego Garcia Military Base and British Indian Ocean Territory Bill

James Cartlidge Excerpts

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

[Stephen Doughty]

Thank you, Madam Chairman. The Opposition ask questions and then make so much noise—they do not even want to hear the answers.

I have mentioned the obligations placed on the BIOT Administration by UN bodies to cease specific activities. I have mentioned the series of procedural complications and blockages at international organisations, including the comprehensive nuclear-test-ban treaty. There are many examples of clear risks. I have explained before the potential under annex VII of UNCLOS—

[James Cartlidge (South Suffolk) (Con)]

Potential.

[Stephen Doughty]

The hon. Gentleman chunters “potential”, but is he willing to gamble with our national security? Is he willing to gamble on the operational effect? [Interruption.] Oh, he is willing to gamble! I find it absolutely extraordinary that he is willing to gamble with our national security and that of our allies. That is exactly why the United States and our Five Eyes partners back this deal: it settles that debate.

I will turn to the amendments. The right hon. Member for Witham (Priti Patel) tabled amendments 1, 2 and 7 and new clause 2 on the publication of legal advice. She will know from her time in government that it is highly unusual for the Government to publish legal advice that they have obtained. That advice is privileged, and it is important that the Government are able to take frank and confidential advice, as she well knows. In some circumstances, the Government may publish a statement of their legal position, as we did in the case of the Diego Garcia treaty, on the day it was signed. As I have repeatedly explained—Members keep chuntering about it—if a long-term deal is not reached between the UK and Mauritius, it is highly likely that further wide-ranging litigation would be brought quickly by Mauritius against the UK. It might include, for example, further arbitral proceedings against the UK under annex VII of the UN convention on the law of the sea. A judgment would be binding on the UK.

Let me turn to amendments 11 and 14. The hon. Member for Clacton, who has finally turned up but is not even listening, tabled several amendments that appear to serve no function other than wasting Government and parliamentary time. The public consultation proposed in amendment 11, and the impact assessment, would be needlessly costly and time-consuming. They would only confirm the conclusion—on which he had no answers—already reached by our closest ally, the United States, by the International Agreements Committee and the International Relations and Defence Committee, and by our Five Eyes partners. The public already know that the treaty secures the future of the critical base on Diego Garcia. The strategic value has been debated at length and is well understood. We are not willing to gamble with our national security, even if the Member for Clacton is willing to. Quite frankly, he has some gall to turn up after his comments on NATO and Russia—I find it quite extraordinary.

In amendment 13, the hon. Member for Clacton offers an ill-conceived proposal that would keep Diego Garcia listed as an overseas territory while accepting that His Majesty the King would no longer be sovereign. Not only is that constitutionally inaccurate, but in the context of the British Nationality Act 1981 it would have serious consequences for the nationality rights of Chagossians born on different islands in the archipelago. Surely his intention cannot be for individuals born on Diego Garcia to be treated differently from those born on Peros Banhos or the Salomon Islands.

Amendments 3, 4, 5 and 6, tabled by the right hon. Member for Witham and amendment 8 tabled by the hon. Member for Surrey Heath (Dr Pinkerton), seek to change or remove the statutory powers to make an Order in Council. It is, of course, absolutely right that Parliament should be able to scrutinise the use of power, which is why the Bill provides for the negative procedure to be used. The vast majority of changes that the Government will make using that power will be technical and operational amendments on matters to ensure that our domestic law is consistent with the new status of Diego Garcia—those are matters as varied as police pensions, copyright law, and changes to student finance. The proposed amendments would mean that the House would be obliged to spend valuable parliamentary time on each change to legislation for 99 years. Members surely cannot wish us to spend that amount of time on all those things, and that approach is consistent with powers taken to amend existing legislation in previously comparable situations.

New clauses 1, 11, and 10 regard the prior approval of payments. I have set out clearly the costs, and the absolutely nonsensical figures that have been put forward by the Opposition and the hon. Member for Clacton, and we wholly reject the new clauses. It is entirely usual and proper for payments under international treaties to be made under the royal prerogative, and requiring a separate distinct vote before payments can be made would create unacceptable risk for the long-term sustainability of the treaty. Without the certainty that the Bill and the treaty provide, the UK and US military would not be able to invest in vital capabilities. That would have major operational implications for the base. On new clause 11 tabled by the hon. Member for Surrey Heath, the House of Commons will scrutinise our annual estimates in the usual way, and spending under the treaty will be included in that process. New clause 10 is not necessary either.

New clauses 3, 4 and 9 are on the marine protected area. There is no requirement for the UK to consent to Mauritius establishing such an area or to its management, and that would be inconsistent with the treaty. Although the UK will be playing a different role in respect of the future MPA, both the UK and Mauritius remain committed to protecting that vital marine environment. That is why, under the terms of the treaty, we will provide technical support and assistance to Mauritius, in accordance with a separate written instrument. We will not make any additional direct payments to Mauritius as part of that activity.

On Chagossians and the right of self-determination, amendments 9 and 10, and new clauses 7, 8, 12, 13, and 14 concern the Chagossian community, and I understand and share the strength of feeling on the wider subject, and the historical treatment of the Chagossian communities. That is why the Government have put the preservation of nationality rights at the heart of the Bill. I am sympathetic to the concerns put forward about resettlement. I understand the intention of amendment 9, but it is not necessary. Under the agreement we have already agreed that Mauritius will be able to develop a programme of resettlement on islands other than Diego Garcia—I refer the hon. Member for Surrey Heath to comments from Olivier Bancoult and the Chagos Refugees Group. They have been clear that that is why they support this measure, and are urging us all to support the treaty. I also understand the questions on consultation, but as I have said, those negotiations were between the UK and Mauritius. The islands that make up BIOT do not have, and never have had, a settled population and have never been self-governing. No question of self-determination for a population therefore arises now.

New clauses 5, 6, 15 and 17 relate to national security issues, but they are simply not needed because the treaty protects our national security and secures the base. We have maintained full operational control of Diego Garcia with all the necessary rights and authorities, as well as a series of additional protections. In closing, the Bill and the treaty have been thoroughly scrutinised—