Diego Garcia Military Base and British Indian Ocean Territory Bill Debate
Full Debate: Read Full DebateLord Purvis of Tweed
Main Page: Lord Purvis of Tweed (Liberal Democrat - Life peer)(1 day, 11 hours ago)
Lords ChamberThank you. I think the noble Lord has just confirmed that the Chief Whip decided this afternoon, but the Chief Whip’s office was informed last night. If that was the case, why did the Chief Whip’s office email my noble friend Lord Lilley and me this morning asking whether we were in agreement with his amendment being incorporated in my degrouping? Clearly, there was an expectation that that would happen. The Chief Whip decided this afternoon that he did not want to do that, and it is his right to do that. But, as the noble Lord, Lord Leong, has also acknowledged, it is my right on the Floor of the House to degroup the amendment, which is what I am doing. It seems to me to be a bit of a silly and pointless debate.
I am tempted to quote the late Lady Thatcher in a discussion on referendums, when she argued that they are a practice to be referred to only on constitutional issues. I think that still holds as a good rule of thumb. Where there is a chance that a model of governance is fundamentally altered, politicians may take a direct democratic approach. Despite our reservations, the Chagos Archipelago is about to undergo the most foundational change in its terms of governance. We are giving away sovereignty over the islands in what is another step in a long story of Britain, sadly, failing the Chagossians, the vast majority of whom in a survey released today do not want Mauritius to be in control of their sovereignty. We would not cede sovereignty over a part of these islands to another state without consultation, and it is unlikely that it would happen without a referendum. So why does this principle not hold for the Chagossians? That is the question we are putting to the Government with these amendments.
I am sure that the Government have not applied different principles to different peoples out of pure negligence. The reason the Government will not agree to a referendum on this trajectory-altering decision is because, at heart, they know that this is a dud deal. The Government know they are selling the Chagossian people down the river, all to continue their policy of blind adherence to the opinions of the Attorney-General and international lawyers. They know that they have not taken the necessary steps to ensure that this is what is best for both the British and Chagossian populations. They know that, if given the choice, the Chagossian people would almost certainly choose for the archipelago to remain British.
A poll conducted by the Friends of the British Overseas Territories and endorsed by Whitestone Insight found that 99% of the 3,389 Chagossians who responded to the poll were in favour of the archipelago remaining British. It is simple: the Chagossian community overwhelmingly opposes this Bill, and that is why the Government have not consulted it properly—because they do not want to receive an answer that they do not like. That is why the Government will also, I suspect, resist a referendum on the Chagossians.
It is also puzzling that other noble Lords—sadly, not many of them are in the Chamber at this late hour—have not tabled their own amendments on a referendum. Certain members of the Foreign Office contingent that normally sits over there were in favour of two referendums on our EU membership, but it seems that they are not in favour of even a single one for the Chagossians.
The Liberal Democrats’ foreign affairs spokesman, Al Pinkerton, was very clear on his party’s support for a referendum. He said that the Liberal Democrats stood for Chagossian sovereignty over their own citizenship and protection of their rights. He said that
“this Bill fails the Chagossian people”
because it continues the injustice of taking decisions about the Chagos Islands
“without the consent of those most affected”.
The referendums that we are proposing would actually ask for the consent of those most affected. This was, he said, to be remedied through
“a referendum of the Chagossian people themselves”.—[Official Report, Commons, 20/10/25; col. 756.]
I was sad to see that there was no Liberal Democrat amendment on a referendum. That prompted me to put my amendments down for debate, and I am grateful to my noble friend Lord Lilley for also tabling his own amendments.
I am grateful to the noble Lord for giving way. He absolutely put his amendment down. At first, I thought I would do him the courtesy of listening to how effective he was going to be in making his argument. So far, I am finding out that, the more briefly he speaks, the more persuasive he is.
It is not my fault if the Liberal Democrats do not want to be consistent on this.
The point is that colleagues of the noble Lords to my left have argued in the other place for a referendum, but the Liberal Democrats in your Lordships’ House have done nothing. The noble Lord has tabled just two amendments, only one of which is consequential. When we debated ratification, the noble Lord, Lord Purvis, withdrew his amendments to the Motion without a Division. I think that speaks a thousand volumes. It seems that it falls to my noble friends on these Benches to stand up for the Chagossians and ask for the referendum that they rightly deserve. I beg to move.
I support my noble friend Lord Callanan’s amendment. My own amendment also calls for a referendum. The Government have given priority to the Mauritians—and, indeed, to some extent, the advisory opinion of the International Court of Justice—maintaining what they think of as territorial integrity over the right to self-determination. That should not be the case. Under international law, the right of a group within a decolonised area to self-determination has priority over so-called territorial integrity. It is very regrettable that that has not yet been conceded.
When we come to vote on this subject on Report, as no doubt we will, I very much hope that this will be an area where there is widespread support across the House. I very much hope that the Liberal Democrats will support a vote requiring a referendum among the Chagossian people over the right to self-determination. We are told that they did so in the Commons. In fact, they were so moved by it and thought it such an important issue that they voted against the whole Bill at Third Reading.
So far, the amendments the Liberal Democrats have tabled cannot be said to be amendments that would require a referendum. Amendment 80, tabled by the noble Lord, Lord Purvis, would require that
“a Minister of the Crown must engage with the Government of the Republic of Mauritius with a view to establishing a Joint Parliamentary Commission”.
We are getting “could”, “may” and “might” added together.
I will speak to the noble Lord’s amendment first, because I am informing the House about it, and then he can tell me where I am wrong.
Amendment 80 would require that, having engaged with the Mauritian authorities to set up this joint commission, and having perhaps persuaded them to do so:
“The Minister of the Crown must further propose that the Commission’s responsibilities include … evaluating the recognition and protection of Chagossian rights, including … the right of return”
and
“the right to self-determination”.
We would therefore have to seek the Mauritians’ agreement on setting up a commission and then propose to that commission that it does something to evaluate the recognition and protection of Chagossian rights, which would include the right of return and to self-determination. However, this amendment, if we were to accept it, contains absolutely no requirement for the House to support a referendum. Indeed, it is extremely unlikely that this convoluted chain of events would lead to such a recommendation.
The final sentence of the amendment reads:
“If the Commission described in subsection (1) is established, within five years of the commencement of the Treaty”,
et cetera. The commission is not envisioned to even get going for several years, and the amendment is probably realistic to recognise this. I am looking forward to a serious Liberal amendment, or their support for serious amendments from me and my noble friend that would require a referendum. I give way to the noble Lord, now that he knows more about what his amendment says.
I first apologise to the noble Lord, Lord Callanan, for intervening when he was moving his amendment. I am flattered by being so courted by the noble Lords, Lord Callanan and Lord Lilley. Historians will be aware that the Rough Wooing was not entirely successful in my Border area. I have a question for the noble Lord, Lord Lilley, that I am sure he will be able to clarify. He is aware that the House of Commons voted on Amendment 9 for a referendum. Tabled by my colleagues, it would have required the Government to seek to
“undertake negotiations with Mauritius on a Chagossian right of return and on a referendum”
for Chagossians on self-determination. Parliament has voted on this already. The Division was 319 votes against and 83 in favour. The Conservatives did not support it. Why?
I am afraid I cannot tell the noble Lord that. I read the debate and it was not clear that there was much focus on the Liberal amendment. He has read out part of it; it covered lots of other things and they probably thought it was a bit wishy-washy.
I do not think that is quite acceptable. Amendment 9 was voted on, and it included everything that the noble Lord asked of me. Why did the Conservatives not support it?
I do not know. I am not an official representative of the Conservative Party. I am flattered that the noble Lord thinks I control the Conservative Party in the Commons and in this place. I do not do either. I have not had any ministerial role since about 2000. I may give the impression of having power and influence beyond that which I really do, and I am flattered that he should think so.
I would like to see the Liberal Democrats support us. We know that, if they do, we will win, but they seem unlikely to do so. It is clear that they have done a deal with the Government. They will never defeat the Government on issues of substance because, if they do, they will not get as many peerages as they want next time. Let us be quite clear about this. It is as shoddy as that underneath this, I suspect. I hope I am wrong—I may well be. I often am.
It would be a wonderful thing, and we may be able to achieve something for the Chagossians in the shape of getting an amendment on Report—not now, because we are in Committee—which has the support of a majority in this House. If we carry it out, the odds are that the Chagossian people will declare that they do not want to be incorporated in Mauritius and would prefer to remain citizens of the British Indian Ocean Territory and British subjects. In that case, we should honour and support their decision when it is taken. I look forward to a Damascene conversion by the Liberal party to this amendment.
My Lords, degrouping after groups have been published goes against what is clearly in the Companion. It is to be discouraged, as a consequence of the Procedure Committee clearly outlining in 2022 why it is, in effect, a discourtesy to the House. This has happened. Sometimes there are consequences to these discourtesies, which is why the Companion indicates that they should be discouraged, and that is when colleagues are under the understanding that reaching certain target groups will be adhered to. It is up to all colleagues to offer due respect to other colleagues who take part in these groupings, but I have been watching the clock on a number of occasions when colleagues have gone far beyond what is considered a courtesy to the Committee in the Companion. There are consequences to how we conduct our debates; one is that we should adhere to our understanding and consider the next group.
My Lords, I actually move that this House do now resume.
Obviously, we are not going to have a vote now, but it would be helpful for those of us who are non-aligned in this House to have more communication than we have had to date in relation to these matters. There seem to be quite a few of us.
Perhaps I might say to the noble Baroness that communication with regard to the degrouping was not equally applied to all, so I have sympathy with her. Perhaps if we continue with this group now, we might conclude this evening in an amicable way.
Amendment 15