Diego Garcia Military Base and British Indian Ocean Territory Bill Debate

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Lord Purvis of Tweed

Main Page: Lord Purvis of Tweed (Liberal Democrat - Life peer)
Lord Callanan Portrait Lord Callanan (Con)
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My Lords, as my noble friend Lady Noakes said at Second Reading, this Bill is right up there in contention for the title of “worst Bill of this Session”. It is a surrender Bill and the Government should be ashamed of having brought it before your Lordships’ House. The sparsely populated Labour Benches—congratulations to the three Members who have turned up—illustrate how unpopular it is on all sides. We now begin the detailed scrutiny to seek to improve the Bill and to see just how far the Government are willing to move, if at all, to deliver a better deal for the British people and, crucially, for the Chagossians.

My Amendment 1 would put a clear statement of the Bill’s purposes on the face of the Bill. In essence, it is a clear and faithful description of the effects of the provisions of the Bill. It delivers clarity. The Bill does cede sovereignty over the islands, seek to dissolve the British Indian Ocean Territory after 200 years, provide for the continued British administration of Diego Garcia and limit the citizenship rights of the Chagossians.

Strangely, the Bill is completely silent on who shall have sovereignty over the Chagos Archipelago in the future, which is against the precedent set in previous Bills where territory has been conceded. By bringing this Bill, the Government are saying that presumably all these changes are good things that they are justly proud of. I therefore see no reason why the Government should resist this amendment on the grounds of fact. The Minister always seeks to be constructive in her work in your Lordships’ House, so I am sure she would not resist an amendment that delivers essential legislative clarity simply for the sake of delivering an unamended Bill at the end of the scrutiny process.

Against this context, should the Government oppose my amendment we will be led to assume that the Government are in fact embarrassed by the reality of their legislation being set out in simple terms. If they are indeed proud of the Bill, they will have no cause to be embarrassed and should accept the amendment.

Amendments 8 and 9 in the name of my noble friend Lord Lilley put the Government’s fundamental motivations under scrutiny. I certainly will not presume to make my noble friend’s argument for him before he has spoken to his amendments himself, but the question of whether a court exists that could deliver a binding and enforceable judgment on the sovereignty of the Chagos Archipelago is essential to the fundamental purpose of the Bill. I am not aware of such a court, and without such a court the Government’s argument for the necessity of the Bill falls apart.

As we all know, this Bill is not necessary or essential. It may have been framed as such by the international lawyer friends of the Prime Minister and the Attorney-General. It may be the deep conviction of the Foreign Office officials who seem determined to act against Britain’s interests on this issue. It may even be the view of the Attorney-General. But ultimately it is a political decision of this Government. Ministers should not hide behind legal advice. They should come to the House with a positive message of whatever benefits they think the Bill provides to the British people and the Chagossians. That is what normally happens with any other Bill before this House.

While we are debating the subject of international law, as I am sure we will be, I would like to ask the Minister a question. I draw her attention to a 1967 international agreement concerning the availability for defence purposes of the British Indian Ocean Territory. This is an agreement between the United Kingdom and the United States in which we agreed that the British Indian Ocean Territory

“shall remain under United Kingdom sovereignty”.

Do the Government accept that their proposals to cede sovereignty over the territory to Mauritius would involve a breach of their obligations in this treaty? They are always lecturing us on the importance of abiding by international agreements and treaties, so I assume they would not wish to be in breach of an international treaty. I would be grateful if the Minister could tell me what they are proposing to do about that international agreement.

Amendment 21 is designed to improve parliamentary scrutiny of the Government’s actions on Chagos by requiring a ministerial Statement to Parliament when the treaty comes into effect. We know that the Commons were, in fact, denied a substantive debate on ratification, despite long precedent under CRaG requiring that debates should indeed be granted. We know the Government are likely to press ahead with the treaty irrespective of any opposition from these Benches, but their conviction to deliver a deal that is good for no one but Mauritian taxpayers should not mean that we have less parliamentary scrutiny. In fact, as I have said before, if they are so proud of their record, I am sure they would be delighted to come to Parliament to talk about exactly how they are pressing this issue.

Finally, I have indicated my intention to oppose the Motion that Clause 1 stand part of the Bill. In my view, this is a bad Bill that should rightly be consigned to the pile of other uncommenced legislation. If it lacked a commencement clause, I think that would be a very sensible outcome.

Before I give way to the noble Lord, I give Ministers advance notice that I intend to degroup Amendments 14, 64 and 84, and I believe my noble friend Lord Lilley will add Amendment 25 to that, on the subject of a referendum. We will take them out of the next group and talk about them when we get to them. I give way to the noble Lord.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I am grateful to the noble Lord for giving way. Given that the Bill is to give effect to the treaty, I wonder whether the noble Lord could say a little more, because in introducing his amendment he did not, about how his amendment interacts with Article 1 of the treaty that Parliament has ratified?

Lord Callanan Portrait Lord Callanan (Con)
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Well, the Government have said on a number of occasions that ratification does not come into effect until this legislation comes into effect.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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It has been ratified; Parliament has ratified the treaty. It has not been brought into effect, but the treaty, which states that Mauritius is sovereign, has been ratified by Parliament. That is the treaty that the United Kingdom has entered into, and which Parliament has ratified. What is the interaction between that and proposed new subsection (2) of the noble Lord’s amendment, which says:

“Nothing in this Act grants … that Mauritius has sovereignty”?


He is seeking to have an amendment to a Bill which overrides a treaty commitment that Parliament has ratified, is he not?

Lord Callanan Portrait Lord Callanan (Con)
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It is a statement of fact that this legislation gives up British sovereignty of the Chagos Archipelago, but it does not say who should have sovereignty—the treaty is a separate matter. The treaty cannot come into effect until the legislation is approved, as I said.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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The noble Lord is just factually wrong. The treaty has been ratified—it is now a treaty. His amendment is seeking to alter the treaty. Article 1 of the treaty, which Parliament has ratified, says that Mauritius is sovereign over the Chagos Archipelago in its entirety, including Diego Garcia. Is he seeking for Parliament now to try to change the treaty which it has ratified?

Lord Callanan Portrait Lord Callanan (Con)
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I am saying that we have every right to oppose this legislation. The legislation has come as a result of the treaty that the Government have agreed. We opposed the treaty; we think it is unnecessary. We also oppose the legislation, and we are entitled to table amendments to it because, as the Government have stated, the treaty cannot legally come into effect until the legislation is approved. I beg to move.

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Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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My Lords, I will start with the amendment from my noble friend Lord Callanan and the objection to it from the noble Lord, Lord Purvis of Tweed, which was that this wasincompatible with the decision taken by Parliament. I will just quote—because I think it is helpful—Article 18 of the treaty. It states:

“This Agreement shall enter into force on the first day of the first month following the date of receipt of the later note by which the Parties notify each other that they have completed their respective internal requirements and procedures necessary for the entry into force of this Agreement”.


In other words, it cannot enter into force until both Chambers of this Parliament have given their assent.

We have not made any bones about the fact that we do not like the treaty at all. I think it is a bit much to complain about my noble friend making this point in principle.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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The noble Lord will recall that I had said that it is not in force. I said Parliament had ratified it. I am not sure whether the noble Lord can intervene on an intervention, but I am sure he can intervene on his noble friend in just a moment as a proxy to intervene on me. Parliament has ratified the treaty. The treaty is not in force, but treaty-making is a prerogative power, not a parliamentary power. I am sure the noble Lord will agree with that.

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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I will, of course, invite an intervention. I do not know what the rules are on intervening on an intervention.

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Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I am grateful to the noble Lord for giving way; I have listened carefully to what he has said, as I always do. Does he agree that there is a distinction, however, between debating legislation that gives effect to a treaty that has been agreed and ratified by Parliament, which this treaty has, and implementing legislation which seeks to alter a treaty that has been agreed?

Lord Murray of Blidworth Portrait Lord Murray of Blidworth (Con)
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The noble Lord seeks to justify his intervention but fails to do so. Because of the way the treaty is drafted and the way Article 18 operates, the treaty can come into force only when this legislation is implemented. That is unusual, but it has the effect of not allowing the noble Lord to make the point he tries to make. He argues that my noble friend Lord Callanan cannot make this amendment because it is in some way in breach of the agreement that has already been signed by the Government, but that agreement is not in force. This is a point we have explored in great detail. I am sure the Minister would agree with me on that point.

Moving to the other amendments in the group, I entirely support the amendments in the name of my noble friend Lord Lilley. I am very grateful to the reference that he and my noble friend Lord Bellingham made to the points that I made at Second Reading in respect of the non-recognition of the International Tribunal for the Law of the Sea. I would just add one point in furtherance of that. The International Court of Justice also has no power and no jurisdiction to query the dispute over the Chagos.

The noble Lord, Lord Hannay, who I am sad to see is not in his place, heavily relies on the evidence of Sir Christopher Greenwood, but he chooses to ignore evidence which does not favour his case. A very powerful exposition of the contrary case was put by Professor Richard Ekins, KC, professor of constitutional law at Oxford. He made it clear that the International Court of Justice’s jurisdiction specifically excludes any dispute with the Government of any other country which is or has been a member of the Commonwealth. Mauritius’s acceptance of the ICJ’s jurisdiction also excludes disputes with the Government of any other country which is a member of the British Commonwealth of nations.

If there had been any basis upon which Mauritius could have sought a binding ICJ judgment against the UK, it would have already done so. The fact is that no such basis exists or has ever existed, which is why Mauritius was forced to use the advisory opinion route to obtain its non-binding advisory opinion. Its bargaining position would have been far stronger if it had had a binding ruling against the UK, but the fact is that it has chosen to negotiate without seeking such a ruling, because it obviously knows that there is no way in which it can obtain such a binding ruling.

For those reasons, I strongly support the lock that is present in my noble friend Lord Lilley’s amendment. It would mean that only if there is a binding ruling should this treaty come into force, and therefore the Chagos Islands should remain in British possession and this act of strategic self-harm should be avoided.

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If the driver is anti-colonialism, then this Bill and the treaty are not even driving anti-colonialism under that narrow definition. If we are to be anti-colonialist, surely the people we should be serving are those whom we have colonised—the Chagossians. The Bill fails on every level, which is why I very much support the amendments from the noble Lords, Lord Callanan and Lord Lilley, and others in this group. I await a much more definitive answer from the Government on the legal rationale behind why this has to be done.
Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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My Lords, I have amendments to this Bill—I think they are in the last group—but I will not address them. I will keep to the amendments in this group, which has strayed into some wider areas. Since the noble Lord, Lord Callanan, is not seeking the guidance of the Companion, which discourages changing groupings that have already been agreed, we will no doubt discuss all the amendments in detail as we go. I tabled my principal amendment but no others because I chose to respect the work of the International Relations and Defence Committee, which may well have considerations in advance of Report for us to consider.

I will make some short remarks on the amendments from the noble Lords, Lord Lilley and Lord Callanan. I do not think the noble Lord, Lord Lilley, presented any different, additional arguments in introducing his amendments from those he presented at Second Reading. Therefore, we have heard them before. Other noble Lords agreed with his argument.

Lord Lilley Portrait Lord Lilley (Con)
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If the noble Lord regards the amendments clearly, he will see that the difference is that I am saying, “Suck it and see”. If you believe there is a possibility of a court coming up with these judgments—they say it will be within weeks—then let us see.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I understand that argument, which the noble Lord alluded to at Second Reading, but it is a curious one when a treaty has been agreed. If he had presented this argument under the previous Administration post 2022, during the negotiations, that may have held a degree of credibility, but I did not hear him at any stage ask the previous Government to abort those negotiations. This is important because he and others who agree with him are suggesting that the previous Government perhaps did not enter in good faith into negotiations based on ceding sovereignty to resolve legal considerations. That was the Statement that the Foreign Secretary made in November 2022. As I said at Second Reading, I assume—the noble Lord may be able to correct me—that the Government would not have made that policy choice in November 2022 without advice from the Attorney-General at the time.

Lord Lilley Portrait Lord Lilley (Con)
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Since the noble Lord is famous for his pernicketiness, I remind him that the Statement in November 2022 referred to the “exercise of sovereignty”, not the ceding of sovereignty.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I see. Presumably he is arguing that it would be joint sovereignty. How would you enter into negotiations with another sovereign state on the exercise of sovereignty if we were going to retain it? I do not understand. This is interesting. Is he now saying that the previous Government entered into those negotiations without the intent to cede sovereignty?

Lord Lilley Portrait Lord Lilley (Con)
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I promise the noble Lord and the Committee that this will be my last intervention. I had no insider knowledge and was not in any way involved, but the possibility, from reading the Statement, was that the negotiations would consider the possibility either of joint sovereignty, as has existed in certain parts of the world, or, as the noble Lord, Lord Bellingham, said—on a much better informed basis—of retaining sovereignty of Diego Garcia but ceding it elsewhere. There are all sorts of possibilities, and none of us knew at the time. That is why I certainly did not want those negotiations to take place, but I was not involved at all.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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Part of the noble Lord’s lack of involvement was in not raising his objections in Parliament at the time. If those negotiations were entered into to resolve the legal considerations then the Statement in 2022 undermines his quite novel argument now.

It is the case that the previous Government entered into those negotiations. I believe that they entered into them in good faith and they knew what the conclusions would be. The argument of the noble Lord, Lord Bellingham, is of course correct with regard to the 2017 declaration by the United Kingdom Government that they would be able to choose not to adhere to any rulings by the ICJ on the basis of a Commonwealth country, if that dispute started after 1987. It is a moot point whether this dispute started before then; there remain many arguments that it had. However, even if he is right, I am certain that the former Attorney-General—one of potentially three in 2022—would have advised the previous Administration that, regardless of that 2017 UK declaration, the ICJ would, as under its statute, refer to the General Assembly, because that is its purpose, and that there would be a resolution at the General Assembly. That was the entire point of the ICJ considering it, because it was referred to the ICJ by the General Assembly. I understand the noble Lord’s argument, but we would not be in a different place now even if his argument was very robust.

On the argument of the noble Lord, Lord Callanan, and our little to and fro on the treaty, we have been told on many occasions by the noble Lord, Lord Callanan, and his colleagues in the previous Administration that treaty-making is a prerogative power. We do not have that short a memory in this House; we recall the Rwanda Bill and the Rwanda treaty. I recall the noble Lord, Lord Murray of Blidworth, telling us that it was not our role to interfere in the prerogative power of Governments making, implementing or changing treaties. I quote:

“My Lords, we are not aware of any precedent for Parliament mandating the Government in international negotiations conducted under the royal prerogative. The Government were not prepared to accept such a significant … shift”.—[Official Report, 24/7/18; col. 1598.]


That is ultimately what the amendment from the noble Lord, Lord Callanan, puts forward. That quote from Hansard is from the noble Lord, Lord Callanan. He was insistent that it was not Parliament’s role to interfere or mandate a Government in the negotiation of treaties under the royal prerogative. He was either wrong then and right now, or he was right then and wrong now. I am sure he will be able to say which when he sums up the debate.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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My Lords, this has been an interesting debate—slightly wide ranging, but that often happens with the first group in Committee. I am sure we will return to some of the issues raised in proper depth when we get to the relevant amendments, and I look forward to that. We have heard some interesting claims from the Opposition, but it is the Government’s contention that none of the amendments in the first group is necessary, and I will explain why that is.

Amendment 1, tabled by the noble Lord, Lord Callanan, is unnecessary because it is clear what the purpose of the Bill is. It has been debated many times over. The Bill implements in domestic law, as the noble Lord, Lord Purvis, explained very clearly, those elements of the treaty between the United Kingdom and Mauritius concerning the Chagos Archipelago that require such implementation. There are also elements of this amendment that are just false. We will have a further debate shortly, I am sure, but it is incorrect to state that the Bill seeks to limit Chagossian citizenship rights. The Bill makes changes necessary so that no new claims for British Overseas Territory citizenship can be made, but it also preserves the existing British Overseas Territory citizenship for those who hold it. The Bill preserves Chagossians’ rights to obtain British citizenship and the British citizenship of those who already hold it. We have been clear about this, and anything that suggests otherwise is helping, I think, to circulate misinformation, which does no good for anyone, least of all the Chagossians.

Amendment 8 would jeopardise our national security if accepted and fundamentally goes against what this treaty and Bill do, which is to safeguard our national security. This amendment would prevent the UK ratifying the treaty until an international court delivers a binding ruling. In that scenario there is a very real risk of the deal collapsing, and the Government’s view is that this would put the UK in a very weak negotiating position—far weaker than that in which we started negotiating. Actually, we did not start negotiating; as many noble Lords have observed, there were 11 rounds of negotiation under the previous Government. We have set out our legal rationale on multiple occasions, but for the avoidance of doubt I will restate it here: the Government acted to protect the Diego Garcia base because it faced an existential threat. The previous Government knew this, and that is why they started negotiations over three years ago and continued them for 11 rounds. Under the previous Government, Mauritius secured a string of legal and political victories against the UK.

On Amendment 9, the Government have already published their legal reasoning for signing the deal and have set this out clearly to Parliament on several occasions. Committees have heard expert testimony on these points, as the noble Lord, Lord Hannay, reminded us.

On Amendment 21, a notice will be published in the London Gazette on the day the treaty enters into force, as is the usual practice, and we will consider the utility of whether a Statement in Parliament at that point would be beneficial. It may well be.

On the clause stand part notice, Clause 1 sets out when the different clauses of the Bill come into force. Clauses 2 and 4 commence at the same time that the treaty enters into force. Article 18 of the treaty states that the treaty enters into force on the first day of the first month following the confirmation by both the UK Government and the Government of Mauritius that they have ratified the treaty.

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. Therefore, this clause provides that legal certainty and ensures that there is no ambiguity as to when the British Indian Ocean Territory is no longer an overseas territory or as to which laws will be saved. As I mentioned earlier, the Secretary of State will publish a notice in the London Gazette when the treaty enters into force.

I will give a little more detail about something that has come up several times. Noble Lords suggested that there is no legal risk here and, further, that there could never be any legal question around this. That really makes me wonder what on earth the previous Government were doing with officials’ time, ministerial time and the time of officials from other Governments, when they set about negotiating for 11 rounds. They paused the negotiations when the noble Lord, Lord Cameron, was appointed Foreign Secretary and then restarted them. If there was no legal jeopardy whatever, what on earth were the previous Government thinking when they set about that process? On the question of what court—

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Lord Callanan Portrait Lord Callanan (Con)
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I will look at Hansard, but I do not think that she has answered the question here.

The other point I want to make, going back to the point from the noble Lord, Lord Purvis, is that I think he said at one stage that he has proposed amendments—plural. I can see only one amendment, unless another one has gone in recently that I have not yet seen.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I am happy to clarify. There will be a second, consequential amendment. As I mentioned in my remarks, there is a principal amendment and there will be a consequential amendment. I am sure the noble Lord is looking forward to reading and supporting them.

Lord Callanan Portrait Lord Callanan (Con)
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I do not see much problem with the one that is there. I will look at any other consequential amendments in detail. I am grateful to the noble Lord for his clarification, but I am slightly confused by the Liberal Democrats’ position. Their Members in the House of Commons thought the Bill was so bad that they voted against it at Third Reading, yet all the Liberal Democrat Benches in this House have proposed only one, fairly mild amendment. From the noble Lord’s remarks so far, and indeed how they voted on the original CRaG amendment, they certainly seem fairly supportive of this treaty, which seems a strange position to be in. I am sure we will return to many of these issues in future rounds of debate. In the meantime, I beg leave to withdraw my amendment.

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Baroness Meyer Portrait Baroness Meyer (Con)
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My Lords, I shall speak in support of Amendments 14 and 25. This treaty and the Bill that will enact it is bad for our country, for our security and for British taxpayers. As we have already discussed, it will leave Britain poorer, weaker and strategically exposed.

This treaty is also bad for the Chagossian people. Half a century ago, they suffered the terrible injustice of forced removal. This treaty compounds that injustice by offering no guaranteed right of return, no legally binding resettlement plan and no meaningful protection of their rights. This is truly shameful. For a Government who claim to uphold human rights, it is an extraordinary moral failure.

Dr Al Pinkerton, the Liberal Democrat spokesman, said at Third Reading in the House of Commons that

“we cannot allow the Bill to pass without ensuring that Chagossians themselves are sovereign over their citizenship, the governance of their islands and the prospect of return”.—[Official Report, Commons, 20/10/25; col. 756.]

He is right, and I am surprised that no Liberal Democrat in this House has put down any amendment in support of a referendum. To deny the Chagossians their right of self-determination and to shape the future of their homeland is unworthy of a country that champions justice, fairness and democracy. This amendment would give them a chance, but it would also give us, a nation that prides itself on a centuries-old democratic—

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I am grateful to the noble Baroness. I make the assumption that, in her defence, she did not read my amendment before making her statement, because the right to self-determination is there under proposed new subsection (3)(b)(ii). Can she clarify what her referendum would be? Would it include the sovereignty, the possession and the inhabitation of the military base on Diego Garcia?

Baroness Meyer Portrait Baroness Meyer (Con)
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I presume that a referendum would actually ask the Chagossian people what they want for their future and self-determination.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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To clarify: it is the position of the Opposition that the referendum would also be for there to able to be inhabitants on the military base?

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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My Lords, if I may intervene—

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I am intervening on the noble Baroness. It is her speech.

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Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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My Lords, it is a pleasure to follow the noble Baroness. She speaks with great sincerity and consistency in making her arguments, and I share many of her thoughts. I said on the earlier group that I am also awaiting the conclusions of the work of the International Relations and Defence Committee. I hope that it will be able to guide us with some of our thinking on this on Report, after its consultations with the community.

Reference has been made to my honourable friends in the House of Commons, who have also for many years been consistent that we should not repeat the history of making decisions on behalf of the community without involving them. It is our long-held view that that is the basis on which we should go forward.

One of the reasons why I intervened on the noble Baroness, and had the interaction with her noble friend, was that there have been some parts of the debate, especially in the House of Commons, where seeking consideration of the right to self-determination has perhaps been used as a bit of a proxy for other considerations, to try either to prevent a treaty or to prevent the restoration of rights. As the noble Lord said on behalf of his noble friend, we seem to be talking about some form of limited sovereignty, some form of limited and partial right to self-determination.

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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The proposal has come from the Chagossian population. That is what we mean by self-determination. It is not for us to lay down whether they should have full sovereignty or partial sovereignty; it is for us to listen to what they want.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I agree with that. It is a clearer proposition than we have heard—a better proposition, in my view. Actually, “better” is the wrong word; it is a more convincing proposition because of its origination. The reality of how we define self-determination and the rights of the community—and where I think the debate has bled into previously—is that it has been used without that clarification, as a different political impetus with regard to the overall desirability or otherwise of having a treaty with Mauritius.

That is where I come to it. The most vociferous of speeches that we have heard deny the reality of what happened just last year. We can talk about the denial of rights. If we are talking about referendum statistics, I agree with about 90% of what the noble Baroness, Lady Hoey, said about rights in her speech. But we do not have to go back to the 1960s to look at the denial of rights. It was in January 2024 that the noble Lord, Lord Cameron, as Foreign Secretary, restated government policy that there would be no right of resettlement, and that was while negotiations on the basis of a treaty were carrying on. If it is an argument to suggest that we wish to restore rights of resettlement and rights to self-determination, I accede to that argument. I think it should be in the acknowledgement that the previous Government and this Government refused to do so in the absence of a treaty with Mauritius.

The context that we are in now is that the first opportunity that we may have for limited right of resettlement and acknowledgement of some form of self-determination is by virtue of a treaty. The Minister knows that these Benches do not consider them to go far enough, and we want to use these stages to see how we can go further. But it is worth recognising that the only opportunity that we have for some form of resettlement is by virtue of there being a treaty.

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Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I do not want to get ahead of myself, because Amendment 80 is a long way away. My appeal to the Minister—I would say exactly the same to the Mauritian Government if they were here—is that, while discussions on the treaty have concluded, it is obvious that there are ongoing discussions with the Mauritian Government. It is not closed yet for there to be consideration of structures of representation that are currently not in the treaty nor the Bill. My appeal at this early stage of Committee would be for the Minister to retain an open mind on potential structures for further discussions when it comes to representation including, perhaps, a firmer position on how the Chagossian community will be able to be represented going forward.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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That is a constructive proposition. The Government are very willing to engage in that kind of conversation and I note the amendment proposed by the noble Lord, which we will come to later in our considerations—perhaps not this evening, given our current rate of progress.

I point noble Lords to the statement by Olivier Bancoult, the leader of the largest Chagossian group, the CRG. I think it demonstrates that, while there are different views among Chagossians, there is strong support for the agreement from a significant number in the community.

I thought that Amendment 37, tabled by the noble Lord, Lord McCrea, was really interesting. I am pretty sure this is not exactly what he intended, but in some respects it seems to be trying to replicate that which our elected Members of Parliament are there to do: to represent the views of their constituents, including, in a number of cases, Chagossians. I draw attention to the All-Party Parliamentary Group, which does an excellent job of liaising between Chagossians and Parliament.

In addition, the Government have established a Chagossian contact group, which has wide representation from Chagossian communities in the UK, but also in Mauritius, Seychelles and elsewhere, to give Chagossians the formal role—this is what I think noble Lords seek —that can shape decision-making on the UK Government’s support for their community. As the noble Lord, Lord Purvis, again reminded us, he will seek to make sure that that group can be as effective as I know noble Lords want it to be. The group met for the first time on 2 September and will convene quarterly thereafter. As my noble friend Lord Coaker and I said in our letter to all Peers, we are exploring opportunities for enhancing that group, including increasing its transparency and frequency. But we are clear that any decisions about the contact group have to be made in agreement with its existing members, and the Government will engage with the group on these questions.

I forget whether we are considering Amendments 29 and 32 or whether they have been degrouped. I think we are doing those. They were tabled by the noble Lord, Lord Morrow, and relate to the UNGA resolutions. I do not think that would be an especially constructive exercise. The treaty expressly states that it constitutes the full and final settlement of all claims by Mauritius in relation to the Chagos Archipelago; it is hard to see how the proposed report would add to that.

In relation to Amendment 49, tabled by the noble Lord, Lord McCrea, there has never been a claim that all Chagossians share civic identity with Mauritius. As I have said, and as has been said numerous times in this Chamber and in the other place, it is a diverse community with a wide range of views. I said at the beginning of this contribution that the Government have prioritised the needs of security and securing the base on Diego Garcia. I know there are those who disagree with that and I have heard them. That being said, it does not mean that the Government should not do the very best job that we can of engaging with the Chagossian community, and making sure that its diverse range of views are reflected as best we can, as we move forward on the functioning of the contact group, the trust fund and other issues. I commit from the Dispatch Box that this Government will do everything they can to make sure that that happens, and I hope that the noble Lord will therefore seek to withdraw his amendment.