British Indian Ocean Territory

Priti Patel Excerpts

Wednesday 28th January 2026 Commons Chamber

[Priti Patel (Witham) (Con)]

I beg to move,

That this House is opposed to the United Kingdom ceding sovereignty over the British Indian Ocean Territory; believes that the United Kingdom should not give £34.7 billion to Mauritius when that money could be spent on the armed forces; further believes that the Diego Garcia British Military Base and Indian Ocean Territory Bill breaches the Exchange of notes constituting an agreement concerning the availability for defence purposes of the British Indian Ocean Territory, London, 30 December 1966 with the United States, as does the UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego Garcia, and therefore that the Government should not proceed with the Bill; and also believes that Parliament must approve any changes to the 1966 Exchange of notes through the process set out under the Constitutional Reform and Governance Act 2010.

Labour’s £35 billion Chagos surrender deal is falling apart every single day. It is high time that the Prime Minister tore up this atrocious surrender treaty and put Britain’s interests, security, and hard-pressed taxpayers first. The Opposition have made that clear from day one, and have taken every opportunity to expose the deceit, falsehoods and foolishness of the approach taken by Labour. Whether it is on arguments of international law, defence and security, self-determination, the importance of the Chagossian people standing up for their rights, or the environment, it is the Conservatives who have been standing up for Britain’s national interests by unequivocally opposing this surrender treaty.

[Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)]

Building on what my right hon. Friend is saying, is she not shocked that most Labour MPs cannot be bothered to turn up for this debate?

[Priti Patel]

My right hon. Friend is absolutely right, and I think it demonstrates their disdain and contempt for the British people, quite frankly. It is pretty obvious that as the Prime Minister and various other Ministers travel the globe, they go around waving the white flag of surrender. [Interruption.] Government Members can sit there chuntering, but the British public can see exactly what is going on with them: they are weak, feeble and giving away the public’s money.

Had the Prime Minister—[Interruption.] The Minister is chuntering about the start of the negotiations, but this deal is on him, the Labour Government, their lefty friends and their international law agreements. [Interruption.] Perhaps the Minister would like to listen; he might learn a few things today. Had the Prime Minister and his dear friend the Attorney General—[Interruption.] Perhaps the hon. Member would like to contribute to the debate, and will put her name down to speak. If not, I suggest that she sits and listens.

Had the Prime Minister, the Attorney General, and the real Foreign Secretary, Jonathan Powell—along with those who are or were Foreign Secretary in name only—got their way, the Mauritian flag would already be flying over the Chagos archipelago, and hundreds of millions of £35 billion of taxpayers’ money would already be lining the coffers of a foreign Government.

[Sir John Hayes (South Holland and The Deepings) (Con)]

I invite my right hon. Friend to challenge the Minister to deal with the issue of the treaty of Pelindaba, which I think came into force in 2009. It was designed to prevent African nuclear proliferation. If we breach that treaty by means of this deal, it would open up an opportunity for all kinds of hostile powers, including China, to site nuclear weapons in Africa. Do the Government realise that? I know that my right hon. Friend certainly does.

[Priti Patel]

My right hon. Friend is absolutely right. Again, it is the Opposition who have been raising the issue that this deal gives succour and strength to Britain’s enemies. All the people who are working against us—China, Russia and Iran—will accelerate their plotting with their Mauritian friends on how to undermine the operationalisation of the military base on Diego Garcia, and on how to exert their influence in the Indo-Pacific at the expense of all our interests.

[Jim Shannon (Strangford) (DUP)]

I commend the shadow Secretary of State and the Conservatives for their consistent focus on this issue. Does the shadow Secretary of State share my concerns about the long-term guarantee for the UK, the right to extend the military lease, and the right of access under the treaty? This essential base can never have any ambiguity attached to it.

[Priti Patel]

The hon. Member is absolutely right, and he speaks to my fundamental point about capitulation, surrender and the way that the Government have worked against Britain’s interests. We see that night and day, and it is unforgiveable.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

My right hon. Friend is making an excellent start to this attack on the Government, but I will ask her a simple question. Should we not also dig a little deeper on the links between the Prime Minister and some of his earlier colleagues? That way, we would learn that Phillipe Sands, who was representing the Mauritian Government, had a deal done with the Russians over Crimea, in which he assured them, I understand, that the granting of independence and ownership for Mauritius would not impinge on their right to stay in Crimea. That was what brought their vote, and their support for this deal. Does that not look to my right hon. Friend as though it was absolute method traitorship?

[Priti Patel]

My 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?

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

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?

[Priti Patel]

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.

[Jim Allister (North Antrim) (TUV)]

Will the right hon. Lady agree that we stand at a critical point for not just this nation but the United States of America, and that it too should have regard to the fact that up to this point, the islands have been under the control of a nuclear power with a navy, and that this treaty would hand them over to a country more than 1,000 miles away with no navy. Does that not create an obvious geopolitical vacuum to which we are all vulnerable? Should the Americans in particular not be very wary of that?

[Priti Patel]

As is often the case, the hon. and learned Gentleman is spot on. That is exactly why the Minister has this marvellous opportunity today to explain this to the House and the British public.

Let us not forget that President Trump, the commander-in-chief, said that the UK is giving away extremely important land in an “act of great stupidity”—I think the House would agree with that comment—and that:

“There is no doubt that China and Russia have noticed this act of total weakness.”

Has there been any Minister-to-Minister engagement with the US Administration on this? Had the Prime Minister spoken directly to the President on this matter before kowtowing to China? I asked this very question here on Monday, but the Minister for the Overseas Territories, who is not present, could not answer. There is a new opportunity today for the Minister for the Indo-Pacific, the hon. Member for Feltham and Heston (Seema Malhotra), to tell us: yes or no?

On that point, it is also worth asking whether, should there be a change in the proposed US-UK treaty, it will come to Parliament through the 21-day Constitutional Reform and Governance Act process? Again, we asked this question on Monday, and the Minister refused to answer. What are the Government trying to hide? As Labour failed to provide the House with scrutiny under the previous CRaG process, it is clearly happy to give away this sovereign territory and billions in taxpayers’ money without being held to account.

Given the Labour Government’s abject failure to clarify these points, it took Conservatives in the other place to take action, leading to this pause of the treaty. Instead of showing some humility and transparency and commitment to engage in proper scrutiny, however, Labour has sought to gaslight its critics—and, by the way, the British public—with a Government spokesperson telling the media:

“This is irresponsible and reckless behaviour by peers”.

Blaming peers—Conservatives, Cross Benchers and others—for doing their job diligently is another new low from a Labour Government seeking to undermine accountability, democracy, scrutiny and accountability. When the junior Minister for the Indo-Pacific responds, I hope she will speak on behalf of this feeble Labour Government and apologise to the British people for their appalling and discredited conduct.

[Graham Stuart (Beverley and Holderness) (Con)]

Like my right hon. Friend, I am proud of the role that Conservative peers have played in this, but can we also take a moment to pay credit to Back-Bench Labour MPs? I think it is important to note that they are not here. Practically the only Government Member present, scribbling away, is the hon. Member for Rugby (John Slinger), whom I admire a great deal, but who is loyalist to his very core. If he is the only Member prepared to speak up, the truth is that Labour MPs have voted with their feet, and they now agree with my right hon. Friend that this deal has to go.

[Priti Patel]

I commend my right hon. Friend for his intervention. He has highlighted a lot of things there, which, in the interest of time, I am grateful for, because we have a lot of other colleagues who want to speak. It is worth pointing out that the Government will have a few of their Members who like to climb the greasy pole—there is one, who is not present today, who is now the trade envoy for Mauritius because he spoke up so frequently for the Government.

Ultimately, this is about the security and defence of our country. [Interruption.] No, no. The Government have a lot of questions to answer, because their feeble remarks in defence of this entire process have been absolutely shameful. That includes on China, with not just the Government’s relationship with China, but the relationship between the Governments of China and Russia. We have had completely misleading remarks about China and Mauritius, when it is the Opposition who have constantly called out that cosy relationship. I have even brought the Minister some press cuttings, but, as she has responsibility for the Indo-Pacific, she may have seen them already. None the less, I advise her to read the website of the Chinese Foreign Affairs Ministry. It provides a weekly diary of its friendly relationship with the Government of Mauritius.

On the Pelindaba treaty, we have already heard the comments about what this now means. It is absolutely wrong to inhibit and restrict our ability when it comes to stationing a nuclear deterrent on Diego Garcia, and it is right that we on the Conservatives Benches continue to question this.

Before I conclude, let me discuss the money. It is an absolute disgrace that this House has not had full disclosure on the money. It is in the public interest for Ministers to tell the truth, to be held to account, and to stop hiding the true cost by misrepresenting the positions of the Office for Budget Responsibility and the Government Actuary’s Department. That is utterly shameful. Today, Labour MPs have an opportunity to join us—

[Graham Stuart]

Where are they?

[Priti Patel]

They are all in hiding, because they are embarrassed. They can join us and stop this surrender. They can tell their constituents that they voted to save a British territory from being lost, that they stood up for our defence and security, that they voted to save £35 billion from disgracefully being handed over to a foreign Government while their taxes at home go up and their public services are squeezed, and that they voted to defend the rights of the Chagossians. Alternatively, they can sleepwalk through the Division Lobby like sheep, defending the indefensible and backing another Labour weak policy and failure of their enfeebled Prime Minister. Conservatives have opposed this deal at every stage from day one and we will continue to do so. We will fight to kill this Bill to defend both British sovereignty and Britain’s pride and national interests.