Diego Garcia Military Base and British Indian Ocean Territory Bill

Scott Arthur Excerpts

Tuesday 20th January 2026 Commons Chamber

[Sir Iain Duncan Smith]

I rise because in the previous debate we had on this, a question was posed to Ministers, and it has been asked again now: what are the reasons for this Bill? First, Ministers rested on one idea, which was all about how we had somehow received a binding judgment from the International Court of Justice, and this was therefore important because we had to stand by that. I remember it became clearer and clearer during that debate, particularly for some Members, that this simply was not correct. There is no binding judgment; it is an advisory judgment, because we have an opt-out for all matters to do with Commonwealth Governments. That is very clear, and it has been said by many judges and other learned legal people.

Some of my right hon. Friends, one of whom I see on the Front Bench, have raised other reasons in these debates. Beyond the ICJ judgment, we were told there were other issues, and that somehow if we did not do this we would face challenges under the United Nations convention on the law of the sea and by the International Telecommunication Union, which stands steadily. What is most interesting about all this is that, when pressed throughout, bit by bit Ministers’ arguments fell apart. These issues are very detailed, so I will not go into them now, but they will have to be raised in much more detail later.

[Dr Scott Arthur (Edinburgh South West) (Lab)]

Will the right hon. Gentleman give way?

[Sir Iain Duncan Smith]

I do not think I will get any extra time, so I am not sure it is such a good idea, to be honest. [Interruption.] If the hon. Member wants to give me some extra time, I will give way.

[Dr Arthur]

I thank the right hon. Gentleman for giving way, because I know this subject is very important to him. He has carefully explained why he does not think the Government have to act, but he has not explained why his Government were negotiating a deal if they did not have to act, at great cost and with a great consumption of time.

[Sir Iain Duncan Smith]

It does not really matter to me who is in government because I am in opposition. I was opposed to this then, so if the hon. Member does not mind, I am not going to try to defend any of that. I can tell him that I was far more opposed to it than many of his hon. Friends on the Back Benches are now. I hope I have now expunged any dishonour on my part.

On the two critical areas—UNCLOS and the ITU—we discovered that certain articles exempted us from any legal challenge in any way, and therefore they were not binding. I say that because today is a matter of intense sadness. As the Minister knows, I am a massive admirer of him for his steadiness and determination, often on unpopular matters. However, I have to say to him on Lords amendments 2 and 3, and the Liberal Democrats say the same, that this is a matter of sophistry. If we believe in free speech and free debate, and if we believe in voting on what we believe or what we oppose, I genuinely ask why we cannot do so on Lords amendments 2 and 3.

Sitting in the Gallery are people who will be utterly depressed by the idea that this Chamber has shut itself out from debating the rights of the Chagossians and to vote on those rights today. I know it was clever to get that done, and I know the Speaker’s Office was under pressure to do that, but I simply say that this is not right. It is not right that this House cannot decide on those rights, particularly given that the UN committee mentioned by the hon. Member for Blackley and Middleton South (Graham Stringer) has made it very clear that the Government should stay this legislation, because of its fears with regard to race relations.

I simply say that this is a sad moment for this House, because this horribly flimsy piece of legislation completely casts away any rationale. Then this morning we heard from the President of the United States, who was previously prayed in aid in all this; it was said that we should somehow motor through this because he was in favour of it, and if the American Government are in favour of it, we should stand with them. A previous Foreign Secretary said that if America did not want it and did not agree with it, we would not do it, but here we are rushing through with it.

Why are we rushing? Why do we not stay this Bill, wait to hear exactly what America thinks about it and make a decision about whether we carry on? Surely, that would make more sense and be more rational. Through all of this, I just do not get what the unpalatable haste is all about—to dismiss the Chagossians, to dismiss the logic and the reasons why we have to do this, and to head towards paying billions and billions of pounds of taxpayers’ money for no reason at all. I think somebody else said that today.

Meanwhile, China is looking at this and laughing, as are Russia, Iran and all the other nasty states. Honestly, this is a bad day. This is badly done. It is a bad day for us and for the concepts of dispute, debate and liberty. We should hang our heads in shame, because the House of Lords is better at debating things than we are, and it has much better rights.