Diego Garcia Military Base and British Indian Ocean Territory Bill

Lord Murray of Blidworth Excerpts

Tuesday 4th November 2025 Lords Chamber

[Lord Murray of Blidworth (Con)]

My Lords, to pick up on a theme identified by the noble Lord, Lord Browne of Ladyton, and as identified by my honourable friend Tom Tugendhat on 9 September, when he noted in his speech at Second Reading of this Bill in the other place, yes, negotiations were commenced under the last Government. As Ministers, both he and I wrote to the Prime Minister—both Prime Ministers—to complain about the decision to institute those negotiations. We were right: the treaty was not one that should have been considered then, and it is not one that should be considered now; the whole principle was wrong then, and it is wrong now.

Why do I say that? The main rationale for handing over the islands is that an international tribunal—the International Tribunal on the Law of the Sea—may abuse its jurisdiction in treating the ICJ’s advisory opinion as if it had established, as a matter of binding international law, that Mauritius was sovereign over the British Indian Ocean Territory. As I said when the House debated the treaty on 30 June, the risk of an adverse judgment and the real risk to the operation of the UK-US airfield at Diego Garcia are very significantly overplayed by those who favour this treaty. The ICJ had no such power and did not, in fact, reach the conclusion that Chagos should be transferred to Mauritius. Its advisory opinion left open other courses of action on the UK’s part other than surrender of the islands to Mauritius.

Mauritius cannot, as a matter of international law, secure a binding judgment before an international tribunal establishing that it is sovereign over the Chagos Islands, because the United Kingdom is not required to consent to a dispute of this nature being adjudicated by the International Court of Justice. Accordingly, if I might expand on the point made by my noble friend Lord Lilley, the Government explained their position by saying that they anticipated that another tribunal—as I said, specifically the International Tribunal for the Law of the Sea, which, I may add, has no jurisdiction over questions of sovereignty over territory—will presuppose that the ICJ’s 2019 advisory opinion has settled that Mauritius is sovereign, and will thus proceed to exercise its jurisdiction in relation to disputes about the law of the sea on the premise that Mauritius, rather than the United Kingdom, is sovereign. Yet how can this be, since there is not a word about sovereignty over the Chagos Islands in that advisory opinion of the ICJ?

We must be in no doubt that the Government, on their own account, are handing over a priceless strategic asset and trampling over the Chagossian people as they do so, because they want to avoid being on the wrong end of a potential future abuse of adjudication. However, this is a premature and wholly unnecessary surrender that blazes a trail for other abuses of the ICJ’s advisory jurisdiction to be leveraged into future United Kingdom defeats and compromise of our vital interests. We need to resist now, not only for our national security and that of our global allies but also to refute this abuse of law.

Furthermore, the deal is a terrible one, for the reasons ably outlined by my noble friend Lord Blencathra. Some of the examples are that the terms of the treaty provide very little in the way of leverage or protection for the UK. We cannot, for example, withhold payments for a breach of the terms that nominally protect our interests, and there is no machinery to enforce Mauritius’s commitments. Instead, Mauritius will be well placed to take our money and to reach accommodations with other states in relation to the archipelago that are injurious to our interests.

[Lord Beamish (Lab)]

I am following the noble Lord very closely, and I do not disagree with some of the points is making. Could he, however, clarify why it was that James Cleverly on 3 November said that the Government were to

“begin negotiations on the exercise of sovereignty over the British Indian Ocean Territory”?—[Official Report, Commons, 3/11/22; col. 27WS.]

Clearly, the Government then were talking about the sovereignty of the actual islands.

[Lord Murray of Blidworth (Con)]

As I said earlier in my remarks, that was a decision with which I strongly disagreed then, and I strongly disagree now. He was plainly wrong in so saying.

[Lord Purvis of Tweed (LD)]

My Lords—

[Lord Murray of Blidworth (Con)]

Forgive me: I have given way once, and time is limited.

Professor Ekins, professor of law and constitutional government at Oxford, set out in detail, when he gave evidence to the House of Lords International Agreements Committee, the failings in the treaty. In particular, he set it out in even more detail in his Policy Exchange paper published at that time. I strongly urge the Minister to consider those two items in detail during the pause in proceedings brought about by the decision not to proceed with the committal Motion tonight.

There can be little doubt, contrary to the Government’s expostulations about saving the base, so ably outlined by my noble friend Lord Altringham, that this in fact weakens the strategic interests of our country. It does so without any sound legal or geopolitical basis, and, as many noble Lords have noted, without any reference to the wishes of those who lived in the archipelago, shamefully removed on the orders of a Labour Government —a shame that, as the noble Lord, Lord Morrow, noted, is about to be repeated and amplified by this present Labour Government.

Finally, the Minister said that the previous Government had entirely overlooked the Chagossian people, a calumny that was repeated by the noble Lord, Lord Beamish. Not so. Section 3 of the Nationality and Borders Act 2022 —a Conservative piece of legislation—was the first legislation to make provision for Chagos Islanders and their direct descendants to obtain British nationality, something successive Labour Governments had failed to provide.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

Forgive me, but the shame, as I am sure the noble Lord will agree, comes from the removal of the Chagossian people from the Chagos Islands, not from the agreement itself.

[Lord Purvis of Tweed (LD)]

Yes, and as the noble Lord will recall from the debate that we had on the treaty, that was accelerated under the Heath Administration in 1970 and concluded under the Conservative Government. The denial of repatriation was then subsequently under another Conservative Government. My point is that all of us in this country have a dark record when it comes to Chagossian rights. Our task now should be how we at least restore some of those.

The noble Lord, Lord Callanan, started his remarks by saying that the House of Commons was denied the opportunity of debating the treaty during the Constitutional Reform and Governance Act period of scrutiny. He knows, because he will remember the debate we had on the treaty, that, as Erskine May makes perfectly clear, one of the mechanisms for the House of Commons to deny ratification of a treaty would be through an Opposition day debate. During the scrutiny period of this treaty in the House of Commons, the Conservative Party chose a different subject for its Opposition day debate. It had the chance, if it chose to take it, of debating and moving an amendment in the House of Commons during the scrutiny period.

We are here today debating this Bill for one reason and one reason alone: the previous Administration made a political decision to cede sovereignty and to enter into negotiations to conclude this. I hear noble Lords saying no, and I will come on to that, when they may wish to change their minds. Not one Conservative colleague today said why the previous Government opened negotiations to cede sovereignty in 2022. The then Government did not open negotiations to improve relations or co-operation with Mauritius. They made the principal decision to cede sovereignty, but they still have not said why. I hope the noble Baroness, Lady Goldie, will outline clearly today why that was the case.

All legal considerations on this issue, which have been debated quite a lot during this debate, predate 2022. The complaints received in this debate predate James Cleverly and that Government’s decision. We have had complaints in this debate from the noble Baroness, Lady Hoey, of the current Attorney-General and the advice given to this Administration. As my intervention on the noble Baroness suggested, the same would have been the case under the previous Government. I assume that when the previous Government made the policy decision in November 2022 to open negotiations which would conclude with the ceding of sovereignty, they were also advised by Attorneys-General. I have a hunch that it might have been the Attorney-General at the time of November 2022, but it could have been any of the three Attorneys-General that the Government had in 2022. No doubt, history will tell us which one of those it was.

A new argument has been presented today by the noble Lords, Lord Lilley and Lord Blencathra, that the Conservative Government were powerless and feeble and that their Prime Ministers and Foreign Secretaries were forced against their will by officialdom to make that statement in 2022. This is the argument of being in office but not in power. It was our suspicion at the time that the Conservatives were in office but not in power, and I am glad noble Lords have confirmed that.

I understand the argument that might say that this is a bad deal or that it has been handled badly. I think that many parts of it remain problematic, and I would have liked the Government to have handled it differently. But that is different from the Conservative Opposition in the Commons, who said in their amendment that they were “implacably” opposed to “ceding sovereignty”. They were not implacably opposed to ceding sovereignty in November 2022, so what changed?