Diego Garcia Military Base and British Indian Ocean Territory Bill

Stephen Doughty Excerpts

2nd reading
Tuesday 9th September 2025 Commons Chamber

[Sir John Whittingdale]

It had already been rolled back. The hon. Gentleman is right that the last Government began discussions because Mauritius expressed a view. However, that was on the basis that a mutually beneficial arrangement could be reached. It was concluded that such an agreement could not be reached, and on that basis the last Government ceased the negotiations. It is not a question of their being rolled back; it was this Government who chose to reopen negotiations that had been closed down by the previous Government.

I come back to the international judgments. The other one cited by Ministers on the Government Front Bench early on in the discussion, when this issue was first raised, was the risk to access to electromagnetic spectrum as a result of the ITU potentially reaching a judgment that might be based on the non-binding judgment expressed by the ICJ. There is no actual evidence that it was going to do that, but it was possible that it might, and for that reason the Government expressed the view that this was important.

I would point out that the ITU has no ability to determine the use of spectrum. The Minister, in answering a written parliamentary question in February this year, made it clear that the allocation of spectrum was a matter for sovereign states. The ITU is a sort of gentleman’s club where everyone gets together to discuss these matters, but it is not able to hand over the right to the use of spectrum from one country to another. It is also worth noting that the ITU has, over the years, been subject to considerable pressure from China, which had a secretary general of the ITU. I recall from my time dealing with issues around the ITU the real concern about how the Chinese were seeking to use the ITU, so in my view it is a good thing that the ITU does not have the power to allocate spectrum.

There are also serious strategic concerns that the Government have not yet properly addressed. As has already been mentioned, an element of the agreement involves a requirement for us to “expeditiously inform” Mauritius of any armed attack on a third state directly emanating from the base. When the Minister gave evidence to the Committee, I pressed him on whether that would require advance notification—

[The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty)]

indicated assent.

[Sir John Whittingdale]

He is nodding. He gave me a very firm assurance that that was not the case. That is of some reassurance, but it does not go far enough. The fact that we are no longer able to carry out actions from our own base without then having to notify Mauritius, and presumably take note of any objection it has, represents a limitation that could well affect decisions as to where to deploy assets.

--- Later in debate ---

[Sir John Whittingdale]

My right hon. Friend makes a fair point. A requirement for us to tell the Mauritians what has been happening from the base is exactly what might influence decisions as to its use for operations of the kind he describes. The Minister gave evidence to the Committee on this point just a few days, I think, after the Americans had launched their attack on Iran, which did not involve Diego Garcia. That was something I raised with the Minister.

[Stephen Doughty]

I know how seriously the right hon. Gentleman takes these issues, and it is important for the House to understand this. I can confirm what I said to him previously, but also I draw his attention to article 3(2)(b) in the treaty and to annex 1. Article 3(2)(b) sets out clearly that

“the Parties shall not undermine, prejudice or otherwise interfere with the long-term, secure and effective operation of the Base, and shall cooperate to that end; and…the United Kingdom shall have full responsibility for the defence and security of Diego Garcia.”

It sets out clearly our unrestricted ability to conduct the operations, including with the United States. That is very clear; it is in the treaty, and it is important that the House understands that.

--- Later in debate ---

[The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty)]

What a debate. I genuinely think there were some thoughtful contributions from all parts of the House, but some were simply rhetoric and, frankly, a lot of nonsense. I single out the Chair of the Defence Committee, my hon. Friend the Member for Slough (Mr Dhesi), and my hon. Friend the Member for Crawley (Peter Lamb). Although I disagree with him, I thought he made passionate points of conviction on behalf of his constituents. There were also thoughtful contributions from my hon. Friends the Members for Dunfermline and Dollar (Graeme Downie), for Kilmarnock and Loudoun (Lillian Jones), for Macclesfield (Tim Roca), for Bolton West (Phil Brickell), for Halesowen (Alex Ballinger), for Hyndburn (Sarah Smith) and for Leyton and Wanstead (Mr Bailey).

On the other side there were particularly thoughtful contributions—which I might not have agreed with—from the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright), who is a former Attorney General, and the right hon. Members for Maldon (Sir John Whittingdale) and for Islington North (Jeremy Corbyn). There was a thoughtful contribution from the hon. Member for Hinckley and Bosworth (Dr Evans), until he got on to the overseas territories at the end. I was pleased to hear that commitment from my opposite number, the right hon. Member for Aldridge-Brownhills (Wendy Morton), although she may want to check the Conservative Twitter feed for what it was putting out about the overseas territories, which I thought was deeply shameful and damaging.

I want to be clear about the purpose of this Bill and the decisions we have taken, which are about defending this country and our national security. That is the first duty of this Government. It is the first priority of our Prime Minister, our Foreign Secretary, our Defence Secretary and the entire ministerial team. I am afraid that whatever exhortations to the contrary we hear from the Opposition Benches, we will not take risks with our national security or engage in gambles in courts or anywhere else. That is not the action of a responsible Government, and we are not prepared to take those risks.

That is why this Bill will ensure that we ratify the treaty with Mauritius, resolve the legal status of this vital base and, crucially, protect its operations, which is the most fundamental aspect of what we are discussing today. It will ensure that we retain the critical security capabilities that support key operations around the world. Those are capabilities not only for ourselves, but for our allies. Fundamentally, those capabilities keep the people of this country safe on our streets, they keep our armed forces safe, and they keep our allies safe. We will not scrimp on national security or take gambles with it, which is essentially the argument that we have heard from the Opposition today.

I will start with the reasoned amendment, because it is full of so many holes and so many wrongs, including claims about the costs. It says that the treaty

“does not secure the base on Diego Garcia”.

That is wrong. It says that we do not have the “right to extend” the lease. That is wrong. It says that

“the measures in the Treaty leave the base vulnerable”.

That is wrong. It says that the treaty does not

“protect the rights of the Chagossian people”.

That is wrong. And it say that the treaty does not protect

“the future of the Marine Protected Area”.

That is wrong. I urge the House to reject the reasoned amendment today.

This all comes back to a fundamental question: if there was not a problem, why did the previous Government start negotiating? Why did they continue negotiating until just weeks before the general election? It is simply not correct to claim that the negotiations were stopped. We have heard what the official readout of the meeting with the former Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak), said and it was very, very clear: he instructed the teams to act at pace in order to make the agreement. The evidence is there, and claims to the contrary are simply wrong.

A number of important points have been made today, but I will start with those about operations, because some very sensible questions have been raised. It is the operations of the base that are currently under threat from the legal uncertainty. That is why we have taken steps to secure it, and why our allies and Five Eyes partners—the United States and others—back this deal. In the future, those operations will now be secure. The Bill ensures that we can exercise all rights and authorities granted through the treaty. We will retain full operational control over Diego Garcia, which we have continued to have for the last 50 years—the Bill secures that.

I want to reiterate our commitment to expeditiously inform Mauritius of military action. Let me repeat for the record: we are not obliged to give Mauritius advance notice of any action under the treaty. No sensitive intelligence will be shared, nor operations put at risk—it is there on the face of the treaty. Our allies, especially the United States under two Administrations, have gone through it with a fine-toothed comb. They would not be supporting this deal and signing off on it if that operational autonomy was not protected.

I turn to Members’ points about the law. Many reasonable questions have been raised, and we have heard some historical revisionism at different points. The right hon. Member for Tonbridge (Tom Tugendhat) expressed worries about lawfare, but we have acted precisely because of the threats of action that could impede the operations in the short, medium and, indeed, long term. It is totally wrong to say that Mauritius had no claim; decades ago, we agreed that sovereignty would ultimately revert to Mauritius. The Government’s legal case has been published—it was there for all to see on the day of treaty signature. In summary, Mauritius would have secured a binding judgment that would have harmed the operation of the base. That has been the consistent position of the Government. We have set it out on a number of occasions, and our position is that the UK would not have a realistic prospect of successfully defending its legal position on sovereignty in such litigation.

The right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright), who is a former Attorney General, and others have reflected on a number of issues. I will not go into all of them but, for the record, let me refer to the comprehensive rejection of our arguments by 13 judges to one at the ICJ in 2019; the loss in the UN General Assembly vote by a margin of 116 to six; the maritime delimitation judgment that is binding on Mauritius and the Maldives, which was handed down in 2021 by the special chamber of ITLOS; the obligations placed on the BIOT Administration by UN bodies to cease specific activities; and a series of complications and blockages at international organisations, including the Comprehensive Nuclear Test Ban Treaty Organisation. We have also set out where future risks are likely to take place, and we are not willing to gamble with that. Those are the fundamental facts here, and that is why it is necessary to do this deal.

Questions were raised about the extension. It is very clear that we have the right of first refusal, and that we might extend the lease for a further 40 years.

[Sir Jeremy Wright]

Will the Minister give way?

[Stephen Doughty]

I will happily give way to the former Attorney General.

[Sir Jeremy Wright]

The point I made in my contribution was that I relied entirely on what Ministers had said to this place about the Government’s legal justification for their actions. That chain starts with the former Foreign Secretary saying that, in the Government’s view, a binding legal judgment was inevitable. The Minister has just given us a list of a variety of opinions and clear opposition —it is true—to the UK’s position from a variety of different organisations. As far as I can tell, he has not told us from which court a binding judgment might come. We have said that it cannot be the ICJ. Which court could give a binding judgment against the UK in this matter?

[Stephen Doughty]

First, the right hon. and learned Gentleman knows that I am not going to disclose the full privileged legal advice to the Government, which the previous Government received, for very good reasons. We have set out very clearly that provisional measures could be brought forward that would immediately affect operations—within six to eight weeks—and the conditions in chapter 7 of ITLOS. In a number of areas, there were very significant risks. I will not, and he understands why I will not, go into the details of that, but it is simply not a risk that this Government are willing to take or, as he knows, that the previous Government were willing to take, which is ultimately why they started the negotiations.

I am conscious of the time, and I have explained the extension, but I want to talk a little about our allies and opponents. The shadow Foreign Secretary said that people have not said publicly what they feel about the deal, but that is not the case. We have heard from President Trump and US Defence Secretary Hegseth. US Secretary of State Rubio said:

“The U.S. welcomes the historic agreement between the UK and Mauritius on the future of the Chagos Archipelago. This agreement secures the long-term, stable, and effective operation of the joint U.S.-UK military facility at Diego Garcia, which is critical to regional and global security.”

Our Five Eyes allies support it, with Canada’s Foreign Ministry saying that it welcomes the signing, and Australian Foreign Minister Penny Wong saying that Australia welcomes the signing, while Australia’s ambassador to the US said that it was great to see a resolution to this important issue. New Zealand’s Foreign Minister and India’s Ministry of External Affairs have said the same. Japan has commended the efforts of the Governments to reach agreement, and the Republic of Korea similarly welcomed its signing. In addition, the Chief Minister of Gibraltar and others have welcomed the deal.

It is, therefore, clear that the Government are on the side of the United States, our Five Eyes partners and other allies around the world, and we are protecting our operations and national security. Given the US bipartisan support, what is not good enough for the Opposition? Our key security partners back the deal, and that is why they have agreed to it.

Quite frankly, we have heard some outrageous claims about the costs. We have been very clear about them, and the £34 billion figure is absurdly misleading and inaccurate. It ignores inflation and the changing value of money over 99 years—£1 today will not be worth the same in 99 years’ time—and the £101 million annual average cost compares favourably with other countries’ bases. Our accurate figures reflect how the Government account for long-term project spend. Funnily enough, when we add a sum each year, which is entirely reasonable, over a 99-year period, it adds up to a larger sum. This is equivalent to the spending on the NHS for a few hours, and a tiny proportion of our defence budget. It compares very favourably with what France has paid for its base in Djibouti. This base is 15 times larger, while France’s base is next to a Chinese facility, and ours has unique security provisions in place.

Quite frankly, it shows some brass neck for the Opposition to be making claims about defence and security when they presided over the hollowing out of our armed forces, appalling accommodation and decline. That is changing under this Government. We are spending on our national defence, our NATO commitments and our security relationships with the United States, and we will absolutely not apologise for that or scrimp on our national security. One final point is that a financial element was always key to the deal, as the Conservatives conceded in their engagements under multiple Prime Ministers.

Important points were made about the environment and the marine protected area. Fundamentally, Mauritius will determine the area’s future, but Prime Minister Ramgoolam recently reaffirmed to the former Secretary of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for Streatham and Croydon North (Steve Reed), his country’s commitment to protecting that unique ecosystem. We are engaged in active discussions with the Mauritians about that, and I will keep right hon. and hon. Members updated.

I conclude as the Minister of State, Ministry of Defence, my hon. Friend the Member for Plymouth Sutton and Devonport (Luke Pollard) started, by paying tribute to the Chagossians who have joined us here today. Both in opposition and in government, I have repeatedly met a range of Chagossian communities with a range of views, and I have a deep respect for their dignity and their different views. There will be people who fundamentally disagree with this treaty, but there are many who fundamentally agree with it, as we have heard in this debate.

The Government deeply regret how Chagossians were removed from the islands. We have heard concerns about the impact on them and their ability to access British nationality. The Bill will ensure that Chagossians have no adverse effects on their nationality rights—no Chagossians will lose their existing rights to hold or claim British citizenship. It will be for Mauritius to set the terms of and manage any future resettlement. Reasonable questions have been asked about why people cannot resettle on Diego Garcia, but it is an active military base with security restrictions so that is not realistic, but we will restart the heritage visits.

[Calum Miller]

rose—

[Stephen Doughty]

To anticipate what the Liberal Democrat spokesperson might be about to ask me, I confirm to him that before ratification, there will be a ministerial statement. I will not give him the exact date, because I do not set the dates of business, but it will provide a factual update on resettlement eligibility and how the trust fund will work. I am engaged actively in those discussions, and that will enable further discussion in a proper manner.

[Calum Miller]

Will the Minister please confirm, as Lord Collins did in the other place, that time will be set aside in both Houses for a debate on the statement?

[Stephen Doughty]

Absolutely. I confirm that we are happy to discuss that further. Such decisions are not for me, but for the usual channels and the leaders in both Houses. However, I want to confirm the commitment that was made previously.

This comes down to one fundamental question: why did the Opposition start the negotiations if there was not a problem? Why did they continue the negotiations until just weeks before the general election? It was because fundamental national security interests and the protection of the British people were at risk. This Government recognise that, our allies recognise that and we have acted to secure a deal to protect Diego Garcia and its operations well into the next century. While Reform and the Conservatives speak of national security but fail to do anything to secure it, this Labour Government negotiate and deliver. We deliver deals—with the United States, with India, with the European Union and on new frigates—and, fundamentally, we deliver national security by securing this base on Diego Garcia. I commend the Bill to the House.

Question put, That the amendment be made.