Diego Garcia Military Base and British Indian Ocean Territory Bill

Before we move to consideration of the Lords amendments, I can confirm that Lords amendments 2, 3 and 6 engage Commons financial privilege. Having given careful consideration to Lords amendments 2 and 3, Mr Speaker is satisfied that they would impose a charge on the public revenue that has not been authorised by this House. In accordance with paragraph (3) of Standing Order No. 78, the amendments will therefore be deemed to be disagreed to and are not subject to debate.

Clause 1

Commencement of Treaty and main provisions of this Act

I beg to move, That this House disagrees with Lords amendment 1.

With this it will be convenient to discuss:

Lords amendment 5, and Government motion to disagree.

Lords amendment 6, and Government motion to disagree.

Lords amendment 4.

National security must always be the first priority of any Government, and that is all the more important during these uncertain times. This Government have always and will always act to ensure the safety and security of the British people. That is precisely why we have agreed the Diego Garcia military base deal and why we need to pass the Bill, so the treaty can come into effect. The deal secures the vital military asset for future generations. It allows the base to continue to operate as it has done for decades to come, protecting UK national security and regional stability, and that of our allies.

As part of this agreement, the Government have negotiated robust and extensive provisions to protect the base that will categorically prevent our adversaries from compromising the base or interfering with the vital protection the base gives to both the United Kingdom and the United States.

I will make progress and then I will take some interventions—certainly from the hon. Member for North Dorset (Simon Hoare) and the right hon. Member for Sutton Coldfield (Sir Andrew Mitchell).

The UK will never compromise on our national security, and as we have repeatedly made clear, the agreement we struck is vital for protecting it; it guarantees the long-term future of a base that is vital for the United Kingdom and the United States and our allies, and which had been under threat. Crucially, the deal secures the operations of the joint US-UK base on Diego Garcia for generations. It has been publicly welcomed by key allies, including our Five Eyes partners, and key international partners including India, Japan and South Korea.

Throughout the passage of this Bill, the Minister has prayed in aid the support of the United States of America and the wider Five Eyes community. This morning the President of the United States dropped what could be described as a depth charge on that and made very clear what he thinks. What are the House and the Government to read of what the Minister says was the American position on the Bill and what it appears that its commander-in-chief is saying today?

We engage with the United States—our closest defence and security partner—on a range of issues, including this one, every single day, and we continue to do so. The hon. Member asks an important question. The United States and President Trump welcomed this deal in the spring, and when we discussed in detail why the agreement was needed, the strong protections that it includes and the vital security it provides for Diego Garcia, the Administration endorsed the agreement as a “monumental achievement” following a thorough inter-agency process in the United States. The hon. Member will know how serious that is.

In May the United States Secretary of State said,

“The Trump Administration determined that this agreement secures the long-term, stable, and effective operation of the joint US-UK military facility at Diego Garcia”.

We will of course have discussions with the Administration in the coming days to remind them of the strength of this deal and how it secures the base for the United Kingdom and the United States. We will continue those discussions on many levels.

Following the excellent point made by my hon. Friend the Member for North Dorset (Simon Hoare), does the Minister realise that the President of the United States, following his perspicacious comments last night, has had a chance to examine the deal in full? Does he therefore understand why the last Conservative Government, of which I was a part—indeed, doing the job the Minister is doing now—would never ever have got this deal?

As I have said in this House many times, the last Government—the right hon. Gentleman knows this, as he was part of that Government—started this deal because they recognised that there was a serious challenge to the operation of the base, which is critical for our national security. [Interruption.] No, we have heard that claim made multiple times, but it is clear from the record of the Government of the former Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak), that they continued those negotiations right into the run-up to the general election in 2024. They engaged in 11 rounds of negotiations because they recognised, as did we, the very serious risks to the operation of that base.

I will happily give way to the former Cabinet Office Minister.

The Minister makes an important point. The key thing about the negotiations is that they were predicated on the United States’ concern about the continuing operation of the base in the context of concerns around international law. The position set out by the President of the United States last night is that he is not concerned about this—in fact, he is concerned about the deal the other way around. Moreover, I do not think that any of us would think that there is a concern around international law vis-à-vis the President of the United States. We are talking about two material changes. Surely in the face of these material changes, now is the time to pause and reconsider the implementation of the treaty. The circumstances have changed.

The circumstances have not changed. Again, we see this collective amnesia on behalf of former Cabinet Ministers on the other side, who, I remind the right hon. Member, engaged in 11 rounds of negotiations. They did that because they knew of the very serious security and operational reasons affecting the base. I refer him to the Secretary of War, who said at the time:

“Diego Garcia is a vital military base for the US. The UK’s very important deal with Mauritius secures the operational capabilities of the base and key US national security interests in the region. We are confident that the base is protected for many years ahead.”

I have taken a number of interventions, so I will move on.

The deal had to be done because the base was under threat. Courts had already begun making decisions that weakened our position, and without the deal, as I have said many times, we faced the prospect of further wide-ranging litigation that could have rendered the base inoperable. Let me be clear, as I have been on many occasions: this is not just about the legal position; it is about the operation of the base.

Without a treaty and a secure footing, legally binding provisional measures could have been imposed within weeks that would have undermined base operations. Our ability to protect the electromagnetic spectrum from interference, to ensure access to the base by air and sea and to patrol the area around the base would have been eroded, and everything from overflight clearances to securing contractors could have been affected. That would have driven costs through the roof, deterred future investment and degraded the facility, and our adversaries would have jumped at the chance to disrupt the base—for example, by establishing outposts on the outer islands—with a guise of legality on their side. It is for all those reasons that the previous Government, many of whose former Cabinet Ministers are sitting on the Opposition Benches, undertook 11 rounds of detailed negotiations. It is also why they made critical concessions on the principles of sovereignty and direct payment.