British Indian Ocean Territory Debate
Full Debate: Read Full DebateLuke Evans
Main Page: Luke Evans (Conservative - Hinckley and Bosworth)Department Debates - View all Luke Evans's debates with the Foreign, Commonwealth & Development Office
(1 day, 8 hours ago)
Commons ChamberMy right hon. Friend has made his point very clearly. This Government are not standing up for our values or interests. Nor are they making any effort to demonstrate that they are on the side of our national security. Fundamentally, that is what this debate is all about.
It is diligent work and scrutiny by Conservatives in this House and the other place that has led to the Government being forced to pause this surrender. That has been achieved by our diligent diplomatic engagement with the US Administration, by asking for over 400 parliamentary debates, by securing two Opposition day debates, and thanks to you Mr Speaker, by asking urgent question after urgent question. We are here to demand answers that they never provide, but only hide, all thanks to their shameful outright contempt for Parliament and the British public.
The Opposition have proudly made representations on behalf of the Chagossian people, who have not only been betrayed but are being threatened in Britain. Their families are being intimidated by people associated with the Government of Mauritius, who seem to be learning how to conduct transnational repression from their friends in the Chinese Communist party. This Labour Government will go down in history for many terrible things, but they can now add to that list of shame the repression and betrayal of the Chagossian people. Labour must rethink its deeply corrosive policy, which is putting at risk our security and the safety of the Chagossian people. Instead, we have a weak and feeble Prime Minister, currently on his knees in Beijing, who will do anything possible to push through this deal—a deal that has been constructed and negotiated by his left-wing international lawyer friends, whose views he seems to value much more than the British people and the Chagossian community.
We all know how this has gone completely wrong, although the Prime Minister could still take a different course. It has gone wrong because this surrender is completely unnecessary—because, as the Opposition know, it is based on an advisory opinion. Ministers have failed to give a convincing answer as to why we should accept it, and there is no answer on what enforcement mechanisms would exist, other than some hypothetical comments about the electromagnetic spectrum and the International Telecommunication Union. So tell us today, please.
We have not only a Government of incompetent politicians, but a Government of incompetent lawyers. In the words of President Trump, Labour is surrendering sovereignty “for no reason whatsoever.” Given this Labour Government’s obsession with international law, it is surprising and shocking that they are not just misinterpreting it, but have overlooked essential detail in the 1966 UK-US exchange of notes. This is now the third time I have brought the exchange of notes to the Dispatch Box in just the last week, Mr Speaker. For the avoidance of any doubt in the House or any ignorance on the Government Benches, the 1966 treaty with the USA, which establishes the military base on Diego Garcia, states that the whole of the British Indian Ocean Territory
“shall remain under United Kingdom sovereignty.”
It goes on:
“Subject to the provisions set out below the islands”—
all the Chagos islands, not just Diego Garcia—
“shall be available to meet the needs of both Governments for defense”.
This is a legally binding treaty between the United Kingdom and the United States of America on the British Indian Ocean Territory, and any attempt by the UK to surrender sovereignty over BIOT violates international law. Yet when the Government signed and published their treaty on 22 May last year, and then published their surrender Bill, there was not a single mention in either the treaty or the Bill of the need for the exchange of notes.
On Monday, in response to our urgent question, the Minister for the Overseas Territories, the hon. Member for Cardiff South and Penarth (Stephen Doughty), said:
“we have been clear throughout that before the UK can ratify the treaty, we will need to do the following: pass primary and secondary legislation; update the UK-US agreement—the exchange of notes; and put in place arrangements on the environment, maritime security and migration”,—[Official Report, 26 January 2026; Vol. 779, c. 599.]
but this was not mentioned in any of the documents accompanying the legislation, let alone the treaty. When we have questioned this in both Houses, Ministers have merely said:
“Talks are ongoing to update the UK-US Exchange of Letters”,
but the exchange of notes was not even referred to in any of the documents accompanying the legislation.
I think this House deserves an explanation. When did the talks begin? What is the status of the talks? What is the timescale for making changes? Have the Americans raised concerns that the exchange of notes were not part of the original discussions with the US Government last year, when the Prime Minister said that the US supported the treaty? Why did the Government try to force through their surrender Bill without confirming the future of the exchange of notes?
Negotiations may well be ongoing, but the key question is whether the UK can make a unilateral decision to give away sovereignty without the blessing of the US. This question was posed three times on Monday, and the Minister simply said it is under discussion. Ministers need to answer directly today, so I pose this question now: can this be done unilaterally or not?
Well, this is the perfect debate and opportunity for the Government to answer. Perhaps the Minister would like to intervene right now—I would be very happy for her to answer that question.
I have another question for the Minister: have the American Administration questioned why the British Government would want to give up sovereignty of the British Indian Ocean Territory and, in doing so, violate international law? For once, the Minister needs to just be straightforward and give precise answers to the precise questions asked by those on the Opposition Benches, because the Government have continuously failed to do so.
British taxpayers, by the way, rightly want an explanation as to why their taxes should line the pockets of the Government of Mauritius without full and proper scrutiny and the disclosure and transparency that they deserve. Perhaps the Minister can tell us what exactly the National Security Adviser, Mr Powell, and the former ambassador, Lord Mandelson—remember him?—told the US Administration about the surrender treaty. It is well known that the Government are run by their friends and cronies, and it is also well known that Jonathan Powell, a friend of China, accelerated the negotiations when he was appointed envoy in September 2024. And can anyone in this House really trust anything that Lord Mandelson would have been involved in? That is definitely a question for the Government.
I will finish my remarks on this point. The ICJ concluded that
“the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible”.—[Interruption.]
The right hon. Member for Rayleigh and Wickford (Mr Francois) may want to listen the next bit. The 2019 advisory opinion was followed in 2021 by a special chamber of the International Tribunal for the Law of the Sea in a case about delimitation of the boundary between Mauritius and the Maldives, which ruled that Mauritian sovereignty was inferred from the ICJ’s determination.
I give way to the hon. Member for Hinckley and Bosworth (Dr Evans).
Specifically on that point, the 2021 judgment did not have any British representation and rested on the UN’s non-binding judgment. We also know from the 2015 ruling that that court cannot preside over sovereignty, so how does it stand up to scrutiny that the Minister is saying that there is a dire need to hand the islands over?
The hon. Member will know that these matters have been shared before with the House. Perhaps I may remind him what US Secretary Hegseth said:
“The UK’s (very important) deal with Mauritius secures the operational capabilities of the base and key”—[Interruption.]
I have actually enjoyed seeing what the Foreign Office has been doing over the past few weeks. I was trying to determine why I have been getting so much more enjoyment out of it, and I think it is because it has been taking advice from “Monty Python and the Holy Grail”. Every time we have a Foreign Office question, the Black Knight comes in front of us. They are honourable, brave and doughty; they will not answer a question; they are torn limb from limb, and their arguments are struck down one by one; but they still want to have the fight.
It is indeed. I applaud the Government and their Ministers for doing that.
We hear time and again from Government Members that we have had ample time to debate these issues. I entirely agree, but that is exactly the problem. These debates have been going on for so long because we are not getting the answers that we need to do our job and scrutinise this deal. Anyone making a good argument should be able to justify their point and evidence it. I will summarise some of the key questions that I want answered, and will say why we seem stuck. I will then explain why that matters, and, finally, will give the context of this debate.
First, we ask about the legal position. The Government say that there is legal jeopardy, but the Conservatives contend that what the International Court of Justice says is non-binding, that there is no court that could pass judgment, and that there is a Commonwealth opt-out. The Government say that the cost is £3.4 billion; the Government Actuary says that the figure is £34 billion, and the Conservatives contend that the Government are using the wrong tool to make a judgment on cost, because net present value does not count. When it comes to the environment, the Government say that safeguards are in place, but the Conservatives contend that Mauritius does not have a navy that would enable it to hold up its side of the bargain and prevent damage to fishing.
Turning to the nuclear aspect, we Conservatives recognise that the Pelindaba treaty creates a conflict, and the Government have not explained why it does not. As for the US’s involvement and whether it has a veto, we believe that the 1966 agreement would need to be taken into account. Finally, although it has not been mentioned today or over the past few weeks, there is the long-term security of this base. At the end of 99 years, there is only an option for us to buy and continue, so what happens at that point? We have not secured the long-term security of the base at all.
Lincoln Jopp
My hon. Friend will have heard the Minister for the Indo-Pacific, the hon. Member for Feltham and Heston (Seema Malhotra), list the preconditions before treaty ratification can take place. I am pretty sure that I asked about America, and she said that there needed to be an exchange of letters. The position of the American Administration is that the Chagos deal as proposed by His Majesty’s Government would be
“an act of GREAT STUPIDITY”.
We seem quite a long way from getting American agreement and acquiescence. Does my hon. Friend, like me, foresee that we would need a protracted period of negotiation with the United States of America to get its acquiescence to this deal?
Fundamentally, the US should express its concerns publicly, and it has now done so. We have asked Ministers, both in this debate and on Monday, whether the UK Government can make a unilateral decision without amending the notes. The Government have said that they have to amend the notes, but they have not set out what happens if the US does not agree. That is the key part of this, but the Government keep reading out the same answer that I got on Monday when I asked that question, the same answer that I got when I intervened on the Minister, and the same answer that my hon. Friend the Member for Spelthorne (Lincoln Jopp) got. They say that they have set out the process, which is primary legislation, secondary legislation, and then amendments to the notes. The question is: what happens if the Americans do not agree to that amendment of the 1966 notes? I will take an intervention if the Minister can tell us, because the fundamental point about US involvement is this: if they say no, but we say yes, where do the islands go? What happens to the agreement? What happens if they say yes and we say no? Those fundamental questions are why we keep coming back to this issue. If there was clarity and simple answers to simple questions, the Opposition would understand that and be able to make a balanced judgement. Instead, we have gaps in our understanding from the Government.
My hon. Friend is making an excellent speech, but I think he knows the answers to those simple questions. The answer to the question whether Mauritius could stop us having nuclear weapons stored on Diego Garcia is clearly that it would be able to do so. It is clear that the answer to what happens if the Americans say no to changing the 1966 agreement is that this deal to get rid of our sovereignty over the Chagos islands would be dead in the water. The reason that Ministers will not say those things, even though they know them to be true, is that they are afraid of a headline saying, “Minister admits that Chagos surrender can’t go ahead without American agreement”.
My right hon. Friend is entirely right in pinpointing some of the issues, and I will reverse my speech and deal with some of those first. On the 1996 Pelindaba treaty, formally ratified in 2009, although the whole treaty is about where countries can research and what they can do with nuclear weapons, the key part, article 4, is about the prevention of parking of nuclear explosives. Paragraph 1 states:
“Each Party undertakes to prohibit…the stationing of any nuclear explosive device”
on its territory. By definition, if the base goes across to Mauritius, it will be under the treaty, because Mauritius is a signatory. There is a slight misconstruing, because there is a specific carve-out. Paragraph 2 states:
“Without prejudice to the purposes and objectives of the treaty, each party in the exercise of its sovereign rights remains free to decide for itself whether to allow visits by foreign ships and aircraft to its ports and airfields”,
and it goes on.
What the treaty implies, and what it states specifically, is that Mauritius would have to be consulted and provide explicit permission for nuclear craft, whether submarine, boat or aircraft, to be there. Only yesterday we heard that that permission would not be granted. This question on the security of the nuclear aspect is unanswered, and I look forward to the Government trying to rectify that position, because they have not explained the interaction with the treaty. This is not operational; it is purely about legal text.
Joe Robertson (Isle of Wight East) (Con)
My hon. Friend is making an excellent speech, which contains more detail than the Government’s contribution. In a nutshell, is the fundamental problem not that when we give away British sovereign territory to another nation, we are vulnerable in perpetuity—whatever agreement we have sitting around it—to that agreement being torn up, disagreed with and not implemented?
Absolutely. On a technicality, the Minister is right to say that the treaty in front of us has no problems, but at the end of the day it is about the interaction with other treaties once we have signed it and sovereignty has been given away. My hon. Friend is right that things would not be covered once Diego Garcia no longer belonged to us, and the Government are struggling to explain that difficulty.
I must tweak what my hon. Friend just said. Although there is discretion for the Mauritian Government to give permission for a nuclear-armed vessel to visit temporarily, for example, there is no discretion for nuclear weapons to be stored permanently on Diego Garcia.
My right hon. Friend is right. From memory, I think he is referring to article 3 of the 1996 treaty, which explicitly talks about researching and so on. The Government need to set out the implications and how that treaty interacts with this treaty that they are signing or want us to ratify.
Let us step back a bit further. We are in this position, the Government argue, because of a non-binding ICJ judgment. I will ask the Minister again: with which court does he believe there would be a problem? The Government have said time and again that we could be brought into conflict with several courts. The Defence Secretary was worried about the United Nations convention on the law of the sea and the International Tribunal for the Law of the Sea, but we already know from a 2015 ruling against the UK over Mauritius that they cannot judge sovereignty, so that one is out the window.
Earlier, I asked the Minister, the hon. Member for Feltham and Heston (Seema Malhotra) about this issue, and she mentioned the 2021 special chamber of the International Tribunal for the Law of the Sea. As she will know, the UK was not party to give information to that, and it rested on the non-binding judgment of the ICJ, which is already contested. There is an opt-out, because it is a Commonwealth interaction. Months on, the Government still cannot answer these simple questions.
Another body that is often referred to—we will go over this again—is the International Telecommunication Union. We know from the Government’s own written answers that article 48 of the ITU constitution states that it cannot judge sovereignty. The Government know that, and I do not understand why they will not just stand here and say that.
On finances, the figures and what they are made up of is contested. The Government are right on their figure, and the Opposition are right on our figure, but how can that be? It is because of the mechanism being used to judge that value. The Opposition contest that the best way to work out the figure is the nominal value used by the Government actuaries. The deal is over 100 years, and we have to take into account what things will look like and other factors. The Government actuaries say that the cost is £34 billion, yet the Government are using net present value, which gives us £3.4 billion. I am glad that the Minister for Defence Readiness and Industry is here, because I posed this question to him in the last debate, and his answer was that the figure is in the Green Book. I retorted:
“Can the Minister point to any other country in the world that has used NPV to give away sovereignty?”—[Official Report, 9 September 2025; Vol. 772, c. 748.]
I ran the Department for Work and Pensions, which spent the whole time looking at net present value. The key problem is that we do not use net present value when dealing with a foreign country for a very simple reason: we have no idea what social issues will erupt or change. While we have control in the UK, we do not have control of a foreign country. That immediately distorts the payment amount, plus net present value strips out relevant inflation, which makes it much cheaper, officially. The real cost that we have to bear is the £34.7 billion that the actuaries have stated, not this nonsense of net present value.
I entirely agree with my right hon. Friend, who has experience of running a Department. I find it all the more frustrating that Ministers cannot simply set out the difference between the two values when I as a Back Bencher can spot it and explain it. The question is which is the better tool and why.
Net present value has domestic use, and that is why the Office for National Statistics will not come out and say that there is a problem with it. It is a legitimate tool to use, but it is being used inappropriately when we are dealing with sovereignty. The assumptions that the Government are building their figure on are 3.5% for the first 30 years, but this is a 99-year lease. We do not even know what will happens with the other 70 years. If we compare with other countries, we see that the US uses a 7% social discount rate.
We are posing simple questions, doing our job on the Opposition Benches, trying to get answers from Ministers as to why we would use this net present value. When we take everything into account, if we use simply an inflation-adjusted amount, it is £10 billion. There are three figures out there that are all correct, but all stand to be used in a different way. The fact that a Minister repeatedly cannot answer those questions is of due concern to Opposition Members.
I will turn to the size of the environmental aspect. It has been pointed out multiple times that Mauritius does not have a navy or a force to protect the blue planet programme that is in place. Why am I concerned about that? We know that the 2015 UNCLOS tribunal was all about the fact that the UK wanted to put more protections in, but the Mauritians wanted fishing rights in the area—we already have history there—yet we would not have the Navy to enforce protections. It is a simple question for the Government to answer: how will they resolve that problem?
Does my hon. Friend share my concern that were this deal to go ahead, there will be a need for more Navy, which is expensive? At the end of the day, the increases to the defence budget that we are being told about will be used to pay for this ridiculous deal.
Quite possibly. We already know that the Foreign, Commonwealth and Development Office has its blue planet programme to help to protect environmental areas that were, or are, under British control. Does this come under the FCDO budget as well? We still do not know the answers to these questions—very simple questions, which we have been asking for the past year.
On the matter of the Chagossians, my right hon. Friend the Member for South West Wiltshire (Dr Murrison) raised a very simple principle. Again, I am confused by what the Government are saying. The Prime Minister himself has said that Greenlanders will decide for Greenland, yet Chagossians cannot decide for Chagos. I understand that there could be an argument one way or the other, but the Government apparently will not make it. They do not seem to see the illogical nature of what they are putting forward when they make a statement referring to sovereignty in one area, but make no statement that would apply to the case that we are discussing today.
Aphra Brandreth (Chester South and Eddisbury) (Con)
Does my hon. Friend agree that British Chagossians will be given no say in how a trust fund is to be spent, and that it is simply wrong that they are being given no opportunity to have any personal say in the matters that will affect them and their futures?
Absolutely. That is another perfectly sensible question to pose to the Government, and for them to answer and to set out the reasons and the rationale.
I am still concerned, when we are dealing with the detail, about the long-term nature of the deal and whether it is bomb-proof. When we come to the end of 99 years, what will happen? The only protection we have is that we have first say on taking it on. We have already heard, from Members on both sides of the House, how much China’s economy will grow. Will we even have the finances to buy that deal? Will we be outbid by the United States, by China, or by some other BRIC power? We are held over a barrel by the Mauritians, or, worse still, the Mauritians can simply say, “We don’t want it any more”, and the base is gone and we can do nothing about it.
Why does all this matter? Those are all technical questions that I want the Government to answer, but overall we must see the wider context, which has been explained here numerous times before. The United States is changing its foreign policy, China is changing its foreign policy, yet the UK does not appear to have an approach in either direction. It appears that we are looking towards a sphere of influence, with America having one side and China and Russia having another. So the question for the House is, “Why rush this through?” Why not think about it? Why not answer these simple questions, to get this side of the House on board, so that we could then say, “We think this is the right thing for the country?
The saddest aspect of this whole debate is the way in which the Government have turned it into a scapegoating of the Opposition as if we were playing political games, rather than seeing that the simple technical questions that need to be answered are the key to unlocking our understanding. If we as parliamentarians cannot get answers to these questions and do not understand the rationale, how can we explain it to our constituents, how can we explain it to the nation, and how can we explain it to the world? If the Government want us to stop—supposedly—playing politics, I ask them to give simple answers to simple questions, back them up and give evidence for them. Otherwise, we are left fighting the Black Knight, who is brave, who is forthright, who is keen to stand in the way of any progress, but who simply will not answer a question and is cut down, limb by limb, in a pool of blood.
I will now announce the result of today’s deferred Division on the Draft Medical Devices (Fees Amendment) Regulations 2026. The Ayes were 294 and the Noes were 108, so the Ayes have it.
What a terrible example of collective amnesia. In the entire debate, not a single Tory MP could say why they started the negotiations.
I am happy to take interventions if Conservative MPs can start their intervention with the reason why their Government started the negotiations. If it is true, as the shadow Defence Secretary says, that this is a crazy deal, why did the Conservatives start it? If it is true that it damages our national security, why did they start it? There has not been an answer from a single one of them, but let us see if the hon. Member can give it a go.
I am surprised that a party that represents trade unionists does not understand that when there is a dispute between one party and another, it is a good thing to try to talk about it. [Interruption.] Why did we start negotiations? Because there is a dispute, and we need to talk to other people to understand what is going on. That is exactly what any responsible country should do. There is a difference between signing off a treaty and entering into talks with someone. Trade unionists should know that.
It is a curious position to hold: the previous Conservative Government started negotiations because they wanted to act like a trade union. I think that is a poor example.
I was asked a number of important questions in the debate, and I am happy to reply to some of them, but I will start with some context. It is staggering that the Conservatives in government held 11 rounds of negotiations—85% of the negotiations were conducted with them—and yet seem to have collective amnesia. They seem to think that they stopped the deal, but according to a statement on gov.uk on 29 April 2024, the then Prime Minister and the Mauritian Prime Minister
“discussed the progress made in negotiations between the UK and Mauritius on the exercise of sovereignty”
over BIOT. It went on to say:
“Both leaders…instructed their teams to continue to work at pace.”
A general election was called less than a month later. It is staggering that the Conservatives are doing this.
Let me be absolutely clear: when we came into office, we inherited negotiations on this matter that had already had 11 rounds. We reinforced our terms, adding a 24-nautical mile buffer zone, so that no activity can take place there without our say so, and an effective veto on all development in the Chagos archipelago.
Again, the hon. Gentleman did not quite hit my bar, but I am sure I will get a parliamentary question from him about it.
The Conservatives started the negotiations, I am afraid, and they want everyone to forget it. They want the public to forget it; they want their own MPs to forget it. If they cannot do deals, they are in the wrong place.
Some interesting questions were asked today, and I want to try to deal with some of them.
Madam Deputy Speaker, I have been asked to finish early so that the shadow Cabinet can sit. I do want to ensure that I can get through as many questions as I can before those on the shadow Front Bench need to go and busy themselves in a meeting.
I will try to answer a few of the questions. The Liberal Democrat spokesperson, the hon. Member for Bicester and Woodstock (Calum Miller), asked a sensible question about the amendment that his party tabled in the other place. He will appreciate that it is a wrecking amendment, so we could not support it; he will also be clear, though, that we take the issues behind it very seriously. I am glad that he continues to raise the issues of the Chagossians, which are important.
The hon. Member for Romford (Andrew Rosindell), who now sits on a different Opposition Bench, raised the issue of resettlement on the outer islands. He made the case that resettlement on the outer islands will help to restore some dignity to the Chagossians, who have been treated appallingly for many decades. He will know that the deal we have signed with Mauritius includes the right to resettle on the outer islands and for visits to take place to Diego Garcia. It might not satisfy all his concerns on the matter, but I hope he can understand that that is a step forward.
I am grateful to my hon. Friend the Member for Macclesfield (Tim Roca) for his speech, in which he talked about uncertainty. As a Defence Minister, I am most concerned about uncertainty around the operation of the base and continuation of disruption. That is what this deal seeks to close off. He was right to raise the matter.
The right hon. Member for South West Wiltshire (Dr Murrison), a former Defence Minister, said that he learns something new every day. Every day can indeed be a school day, and what I have learned today is that when the right hon. Gentleman swapped from the Government Benches to the Opposition Benches, his opinion on the deal miraculously changed, too. He backed it when he was a Minister, and now, on the Opposition Back Benches, he opposes it. That does say something.
My hon. Friend the Member for Rugby (John Slinger) asked the very same question that I started with: why did the Conservatives start these negotiations? It is a question they still cannot answer.
I note that the hon. Member for Bexhill and Battle (Dr Mullan) has found his voice, but only after completing his chicken run from the seat he thought he was going to lose to his new one. Let me be absolutely clear on this point: it is shameful that the Conservatives are trying to drag other overseas territories into the mess they are arguing over here. In their speeches, Conservatives have tried to create the impression that the sovereignty of the Falklands is not secure. The Falkland Islands Government have noted that the agreement has
“no impact on the self-determination of the Falkland Islands people, and the existing and future relationship between the Falkland Islands and United Kingdom”.
Let us not hear any more Conservative MPs raising questions over the future of the Falkland Islands.
On a point of order, Madam Deputy Speaker. The Minister specifically directed some comments at me, opening up an opportunity for me to speak. How can I respond to those comments when I cannot intervene?
The hon. Member will know that it is entirely at the Minister’s discretion, as it would be for any other speaker, if he chooses to give way or not. It is not a matter for the Chair. I am sure the Minister has heard his comments.