The following Statement was made in the House of Commons on Monday 7 October.
“With permission, I will make a Statement on the conclusion of negotiations on the exercise of sovereignty over the British Indian Ocean Territory.
On Thursday 3 October, my right honourable and learned friend the Prime Minister and Mauritian Prime Minister Jugnauth made an historic announcement: after two years of negotiations and decades of disagreement, the United Kingdom and Mauritius have reached a political agreement on the future of the British Indian Ocean Territory. The treaty is neither signed nor ratified, but I wanted to update the House on the conclusion of formal negotiations at the earliest opportunity.
Members will appreciate the context. Since its creation, the territory and the joint UK-US military base on Diego Garcia have had a contested existence. In recent years, the threat has risen significantly. When we came into office, the status quo was clearly not sustainable. A binding judgment against the UK seemed inevitable, and it was just a matter of time before our only choices would have been abandoning the base altogether or breaking international law.
If Members oppose the deal, which of the alternatives do they prefer? Doing this deal on our terms was the sole way to maintain the full and effective operation of the base into the future. That is why, in November 2022, the then Foreign Secretary, the right honourable Member for Braintree, Mr Cleverly, initiated sovereignty negotiations. It is also why my predecessor, Lord Cameron of Chipping Norton, ultimately continued with those negotiations. Under the previous Government, there were 11 rounds of negotiations, the last one held just weeks before the general election was called. In July, this Government inherited unfinished business. The threat was real, and inaction was not a strategy.
Inaction posed several acute risks to the United Kingdom. First, it threatened the UK-US base. From countering malign Iranian activity in the Middle East to ensuring a free and open Indo-Pacific, the base is critical for our national security. Without surety of tenure, no base can operate effectively or truly deter our enemies. Critical investment decisions were already being delayed. Secondly, inaction impacted on our relationship with the United States, which neither wanted nor welcomed the legal uncertainty and strongly encouraged us to strike a deal. I am a transatlanticist, and we had to protect that important relationship. Thirdly, inaction undermined our international standing. We are showing that what we mean is what we say, when it comes to international law and our desire for partnerships with the global south. That strengthens our arguments on issues such as Ukraine or the South China Sea.
Further legal wrangling served nobody’s interests but our adversaries’. In a more volatile world, a deal benefited us all—the UK, the United States and Mauritius. This Government therefore made striking the best possible deal a priority. We appointed Jonathan Powell as the Prime Minister’s special envoy for these negotiations, and he has worked closely with a brilliant team of civil servants and lawyers. Their goal was a way forward that serves UK national interests, respects the interests of our partners, and upholds the international rule of law. The agreement fulfils these objectives. It is strongly supported by partners, with Present Biden going so far as to ‘applaud’ our achievement within minutes of the announcement. Secretary Blinken and Secretary Austin have also backed this ‘successful outcome’ which ‘reaffirms’ our ‘special defence relationship’. The agreement has also been welcomed by the Indian Government and commended by the United Nations Secretary-General.
In return for our agreeing to Mauritian sovereignty over the entire islands, including Diego Garcia, the UK-US base has an uncontested long-term future. Base operations will remain under full UK control well into the next century. Mauritius will authorise us to exercise their sovereign rights and authorities in respect of Diego Garcia. This is initially for 99 years, but the UK has the right to extend that. We have full Mauritian backing for robust security arrangements, including to prevent foreign armed forces from accessing or establishing themselves on the outer islands. The base’s long-term future is therefore more secure under this agreement than without it. If that were not the case, I doubt the White House, State Department or Pentagon would have praised the deal so effusively.
The agreement will be underpinned by a financial settlement that is acceptable to both sides. Members will be aware that the Government do not normally reveal payments for our military bases overseas, so it would be inappropriate to publicise further details of those arrangements at this stage.
The agreement also recognises and rights the wrongs of the past. The whole House would agree that the manner in which Chagossians were forcibly removed in the 1960s was deeply wrong and regrettable. Mauritius is now free to implement a resettlement programme to islands other than Diego Garcia. The United Kingdom and Mauritius have also committed to supporting Chagossians’ welfare, establishing a new trust fund capitalised by the UK, and providing additional Government support to Chagossians in the UK. The UK will maintain the pathway for Chagossians to obtain British citizenship. Furthermore, Mauritius and the UK will establish a new programme of visits to the archipelago for Chagossians.
The agreement also ushers in a new era in our relations with Mauritius—a Commonwealth nation and Africa’s leading democracy. We have agreed to intensify co-operation on our shared priorities, including security, growth and the environment. The agreement ensures continued protection of the islands’ unique environment, which is home to over 200 species of coral and over 800 species of fish.
Finally, I reassure the House and all members of the UK family worldwide that the agreement does not signal any change in policy on Britain’s other overseas territories. British sovereignty over the Falkland Islands, Gibraltar and the sovereign base areas is not up for negotiation. The situations are not comparable. That has been acknowledged across our overseas territories. Fabian Picardo, Chief Minister of Gibraltar, vocally supported the agreement, stating that there is ‘no possible read across’ to Gibraltar on the issue of sovereignty. Similarly, the Governor of the Falklands has confirmed that the historical contexts of the Chagos Islands and the Falklands are ‘very different’.
The Government remain firmly committed to modern partnerships with our overseas territories based on mutual consent. After the Mauritian elections, the Government will move towards treaty signature, and it is our intention to pursue ratification in 2025 by submitting the treaty and a Bill to this House for scrutiny. This is a historic moment, a victory for diplomacy. We have saved the base and secured Britain’s national interests for the long term. I commend this Statement to the House.”
My Lords, the transfer of the British Indian Ocean Territory to Mauritius is a shameful day for our country. My noble friend Lord Blencathra, president of the Conservative Friends of Overseas Territories, wrote in the Daily Telegraph that this deal is “shoddy and short-sighted”,
“ignores the interests and wishes of the Chagossian people”,
has caused concern among the other overseas territories, and has
“learnt none of the lessons from Hong Kong”.
I could put it no better than my noble friend, and I echo his sentiments. Moreover, this transfer will cost the British taxpayer money and will threaten our national security. It is essential that Parliament has a vote on this matter.
On Monday, the Foreign Secretary said in the House of Commons that a Bill will be put to Parliament on this matter. However, later, in questioning, the Foreign Secretary seemed to suggest that this was a matter which did not need to be scrutinised by Parliament. After that, the noble Baroness said yesterday, during responses to an Oral Question, that there would be a treaty and amendable primary legislation on this deal. Therefore, does the noble Baroness agree that this is a matter for parliamentarians to debate? Can she confirm that noble Lords will have the opportunity to scrutinise and vote on such legislation before any final decision is made?
Given that the Government have stated that they will pay money to Mauritius under the deal, this is a matter that also concerns the British taxpayer. Yesterday, in response to a question from my noble friend Lady Sugg, the Minister stated that His Majesty’s Government never disclose the cost of sovereign military bases. A little scrutiny via a well-known internet search engine proves this statement not to be entirely accurate. For example, the Ministry of Defence has disclosed that for the sovereign military bases in Cyprus it costs £256 million a year to manage those facilities. Can the Minister give us some indication as to whether this deal will cost the taxpayer an equivalent sum of money?
My Lords, these Benches believe that the UK has a very special responsibility for the overseas territories and the people who live within them. There should be a fundamental principle that nothing should be decided about them without them. Their participation, and ultimately their consent, is of the greatest importance. I hope that the Minister will agree with that.
It has been interesting to see this suddenly becoming a highly party-political issue. The overseas territories and their sovereignty were not part of a negotiating mandate with the European Union after Brexit, for example. The noble Lord, Lord Callanan, was the Minister at the time. When it came to consideration for the overseas territories and their sovereignty in our key relationship with the European Union, the Falkland Islands were excluded. That has meant that they have been paying £15 million in tariffs to land fishing, critical for not only the economy but the sustainability and the sovereignty of the islands. Therefore, some vessels from the Falkland Islands have to be flagged as Spanish in order to access the single market, something that my party leader, Sir Ed Davey, challenged the Prime Minister on. I hope that we can correct this as a result of the previous Government’s omission with the OTs.
On Gibraltar, the prospect of the EU frontier force, FRONTEX, being at the border entry point into the United Kingdom is a result of the previous Government not including sovereignty of the OTs as part of a negotiation mandate. Both the Falkland Islands Government and the Gibraltar Government warned the previous Government of the consequences, and now this Government have to correct those errors.
The noble Baroness, Lady Sugg, said yesterday that the issue of the Chagos Islands’ sovereignty was a non-starter. It apparently took 11 rounds of negotiations for the previous Government to decide that it was a non-starter before the general election. A cynic might think that the previous Government knew that there would have to be some tough decisions on the Falklands for fishing, Gibraltar for EU security and Chagos for international law and thought that this was probably best left to their successors in government.
My Lords, I am grateful to the noble Lords, Lord Purvis of Tweed and Lord Callanan, for their remarks. The noble Lord, Lord Callanan, asked me to clarify who is right—me or the Foreign Secretary. All I can say is that it certainly is not the noble Lord. I am surprised at the lack of background work that he has been able to do on this topic between yesterday and today, because a few things in his contribution were factually incorrect.
On the reaction of the Americans, President Biden has applauded the statement that we made; he calls the agreement “historic” and says that it
“secures the effective operation of the joint facility on Diego Garcia into the next century”.
I would rather take his assessment of the deal that we have just done than that of the noble Lord, Lord Callanan —with all respect.
On parliamentary scrutiny, as I tried to outline yesterday, but obviously in the context of a Question I perhaps could have gone further, there will be the CRaG process to which the noble Lord, Lord Purvis, referred. There will also be primary legislation, and this will be implementing legislation. I do not know what the Long Title of that legislation will be, but I take on board the comments from the noble Lord, Lord Purvis—but that will be to amend other legislation, which we need to do to implement the treaty. There will be an opportunity between signing and ratifying the treaty for both Houses to debate it.
On funding, we do not disclose the costs of bases overseas. One of the researchers of the noble Lord, Lord Callanan, has found that there are some costings from the MoD on the sovereign base in Cyprus. There are many costs of running a base, but we do not pay for the privilege of running the base in Cyprus—the noble Lord ought to know this. There are additional costs around facilities and other things that we will be able to share, including on the base in Diego Garcia, but the basing costs that we will pay to Mauritius are completely separate. We do not disclose them, and we will not be disclosing them.
My Lords, we now have 20 minutes of Back-Bench questions. To get as many Back-Bench Members in as possible, we need short, succinct and to-the-point questions and not speeches.
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In addition, yesterday, in the Daily Telegraph, an FCDO spokesman said that there would be
“UK funding to support Chagossian communities in Mauritius”.
If that statement is correct, surely the Minister should be able to disclose the cost, as presumably that money would be international aid and not under the Ministry of Defence’s remit. Can the Minister clarify this point, tell us who is correct, and perhaps tell the House how much that part of the deal will cost the British taxpayer?
This is the second great betrayal of the Chagossian people under a Labour Government. In 1967, Harold Wilson’s Government forcibly evicted the Chagossian people from their homes. Now, in 2024, the Chagossians, who have had no say in these negotiations, have been handed over to a foreign power that is in many ways very different from their culture and lifestyles. The Minister said yesterday that the Chagossian people would have
“the right to visit Diego Garcia”—[Official Report, 8/10/24; col. 1909.]
under this agreement. Can she confirm exactly how this would take place without compromising the military base and whether our allies in the US are aware of the commitment that she gave?
Chagossian Voices, which represents the Chagossian community in the UK and elsewhere, has said that Chagossians have been “consistently and deliberately ignored” and now feel “powerless and voiceless”. Peter Lamb, the Labour MP for Crawley, said that the decision was “very disappointing”, as Chagossians had been “let down again”. He said that, in the past 16 years, he had not heard “a single voice” in his local community saying that they wanted the islands to go to Mauritius. Can the Minister explain on what grounds this decision has been taken? Can she also explain whether this was a decision taken under international law and in what respect it reflects the self-determination of the Chagossian people?
We live in a world that is more dangerous than ever. There is war in Europe and the situation in the Middle East is escalating. This House knows all too well what threats the Chinese state poses to British democracy. Can the Minister tell us why this important and strategic British territory has been handed over to an ally of China? I am sure the House will agree that the noble Lord, Lord West of Spithead, who I am pleased to see in his place, is one of the most respected Labour voices on defence in this place. He wrote for Policy Exchange that
“the Chinese are pushing Mauritius to claim Diego Garcia and that China wants access to and control of the port and airfield facilities”.
This would be clearly unacceptable and would violate British interests.
Given that there was no pressing need to conclude this deal, why was it suddenly rushed through? The Government have said that there will be a 99-year lease on the base in Diego Garcia, with a right of renewal. Is this an absolute right to renew the lease or a right to request a renewal of the lease? Those are two very different things.
In summary, this agreement damages our national security, it does not fulfil the wishes of the Chagossian people and it will come at potentially great cost to the taxpayer. The Government still have many questions to answer on this shoddy deal and the Minister can be assured that we will return to it.
The Minister said yesterday in response to my question that there was not one Chagossian voice. If that were the case, the need for their participation and consent in the process going forward is critical. The House is well aware of my views on the deficiencies of the Constitutional Reform and Governance Act on treaty ratification in previous times. Labour, in opposition, had supported calls for resolutions on potential treaty areas which were of concern for human rights. The previous Government resisted this; I welcome the U-turn of the Conservative Party in now calling for a resolution on a treaty. I tried 17 times to call for Motions on treaties, which were resisted by the previous Government, so I hope that there will be consensus on this.
Perhaps the Minister will respond to some specific points. First, how will the financing with regard to the Chagossians’ relocation work, and what will be the timetable? How will location and relocation mechanisms be put in place and over what timeframe? Finally, regarding the Minister’s reply to me yesterday on primary legislation, what is the extent of that legislation, and will the Government commit to ensuring that the Long Title is sufficiently flexible for there to be scrutiny of the wider impacts? Of course there are geopolitical impacts; therefore, the timing of this decision, the treaty and the legislation, linked with the strategic defence review, are critical, as well as the ability for Parliament to resolve that the voice of the Chagossians will be heard and that consent will be a critical part of it.
The issue of China came up yesterday. I am very sad about this, because when we were in opposition, we took great pride in how we approached issues of foreign policy. There were opportunities to make mischief, but we stood shoulder to shoulder with the Government whenever we could, and it saddens me that in the context of a Conservative leadership contest the opportunity is taken to play fast and loose, to play political games, on some of these issues. Not every concern that is raised falls into that category, but unfortunately some of them have.
Mauritius is not, as some in the Conservative Party have suggested, in hoc to China. It is not part of the belt and road initiative; it is one of only two African countries not to be. It is an ally of India, and India too, as well as the African Union, has welcomed the clarity that this deal provides. The Foreign Secretary will make further announcements on the financial support for Chagossians, which noble Lords were quite right to ask about, when the treaty is signed. That is an important element; it is not about the treaty—it is something that the UK is deciding to do, because they have been shockingly treated for many decades. The sad truth—and this is not something that any of us in this Chamber will be pleased to know—is that those islands are uninhabited but for the military personnel, and in that situation the right to self-determination enjoyed by the Falkland Islanders and Gibraltarians is very different. The circumstances that have led to this are sad and shameful, but that is the situation in which we find ourselves today.
I am very happy to take any questions on this matter, but it is important that we stay focused on the primary purpose of this negotiation—that is, the same thing that drove the last Government to have 11 rounds of negotiation—which is to secure this base, which is really important for security in the Indian Ocean. That is the motivation; it is why we wanted to get the deal done, and it is why the Americans are so pleased that it has been done.