Lord De Mauley
Main Page: Lord De Mauley (Conservative - Excepted Hereditary)Department Debates - View all Lord De Mauley's debates with the Ministry of Defence
(4 days, 3 hours ago)
Lords ChamberMy Lords, I know that the noble Lord, Lord Ahmad, will have negotiated in good faith. I know too that if there had been an agreement that he felt was in the national interest then he would have recommended to his Government that it should be supported.
The point that I am making is that the principle was established that negotiations were happening to see what arrangement or agreement, if any, could be made between the UK and Mauritius with respect to Diego Garcia. This Government’s judgment is that we have reached such an agreement. The noble Lord is quite right to point out the security guarantees that we have. He will know that in the treaty there is a 24-mile buffer zone around the island, and the US and the UK can veto any development within that zone. He will also know that there is a further exclusion zone beyond that encompassing the rest of the islands, which means we can prevent development that we are opposed to there as well. That is why we felt we could sign an agreement containing the sorts of security guarantees that the noble Lord himself sought but did not manage to achieve, and therefore did not feel there was an agreement that he could come to or recommend we agree to. We feel that we have guarantees that will protect the integrity of the base by excluding others who would seek to undermine it.
My Lords, the Statement twice refers to guaranteeing the UK full continued control over Diego Garcia for the next 99 years and beyond. What is the exact legal position that the Government have negotiated regarding the situation beyond the year 2124, which, after all, is little more than a single lifetime away? What concerns me is that the wording available to the public suggests that any extension depends entirely on obtaining the agreement of the Mauritian Government at the time, which does not sound much like a guarantee of full UK control of Diego Garcia beyond 99 years.
The noble Lord will know that, in addition to the 99 years, there is in the treaty an option for a further 40 years. He will know the importance of respecting a treaty, which is a legally binding agreement between two Governments, whether through an international court, national courts or sovereign Governments themselves. The important principle is that what is in the treaty is what has been negotiated. As far as I am concerned, we will ensure that the treaty is respected, and that is the legal basis on which we go forward.
I will reflect on that—I note that the noble Lord, Lord De Mauley, was shaking his head when I answered. I will see whether I can add anything further to the points made by the noble and learned Lord and the noble Lord, Lord De Mauley. Clearly, the treaty lays out 99 years, with the 40-year further option on that. If the noble and learned Lord is asking me what happens at the end of 139 years, I will reflect on that so that others who may follow me can consider their options in 139 years’ time.
I will clarify my question. My understanding, from what I read—which is available to the public—is that the Mauritian Government have to agree even to the 40-year extension, let alone what happens at the end of that 40 years.
I will clarify that. I tried to be open and frank in answer to the noble Baroness, Lady Hoey, and the noble and learned Baroness, Lady Butler-Sloss. I will reflect on that and whether I need to write to the noble Lord to ensure that we have correct factual information. We may differ on opinions, but it is important that we have factual information in front of us. If I need to, I will write to the noble Lord, Lord De Mauley, and put a copy of that in the Library, as well as giving a copy to the noble and learned Lord, Lord Hope, just for clarity’s sake.