I remind Members that in Committee, they should not address the Chair as “Deputy Speaker”; please use our names when addressing the Chair. “Madam Chair” or “Madam Chairman” are acceptable.
Before we begin proceedings on the Bill, I can inform the House that I, as Chairman of Ways and Means, am minded to select amendment 7 and new clause 1, in the name of the right hon. Member for Witham (Priti Patel), and amendment 9, in the name of the hon. Member for Surrey Heath (Dr Pinkerton), for separate decision at the end of the debate.
I beg to move amendment 1, page 1, line 7, leave out subsection (2) and insert—
“(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the duties outlined in section [The additional period and right to extend: duty to publish legal advice and risk assessments] are discharged.”
This amendment together with NC2 would prevent the Treaty from coming into force until the Government has published any legal advice or risk assessments regarding the UK’s ability to extend its rights over Diego Garcia after the initial period specified in the Treaty.
With this it will be convenient to consider the following:
Amendment 7, page 1, line 7, leave out subsection (2) and insert—
“(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the Secretary of State lays before Parliament a memorandum on the obligations under international law which require the UK to cede sovereignty of the British Indian Ocean Territory to the Government of Mauritius.
(1B) The memorandum specified in subsection (1) must include—
(a) a summary of the legal advice received by the UK Government on this issue;
(b) an analysis of the status of UK's sovereignty over the British Indian Ocean Territory under international law;
(c) the legal argument for the cessation of British sovereignty over the British Indian Ocean Territory; and
(d) the risks which the UK Government may have faced had it not reached an agreement with the Government of Mauritius.
(1C) The report specified in subsections (1A) and (1B) must be laid before Parliament no later than two months after this Act receives Royal Assent.”
Amendment 9, page 1, line 7, leave out subsection (2) and insert—
“(1A) Before sections 2 to 4 of this Act come into force, the Secretary of State must—
(a) seek to undertake negotiations with the Government of Mauritius on whether Mauritius will establish a right for Chagossians to return and reside in the Chagos Islands; and
(b) seek agreement to a referendum for Chagossians on self-determination within any negotiations which take place under paragraph (a); and
(c) lay before both Houses of Parliament a report on progress on establishing negotiations with the Government of Mauritius and the outcome of any that take place.
It is a pleasure to see you in the Chair, Madam Chairman, and to speak to the amendments that stand in my name and in the names of other right hon. and hon. Members, as we open this Committee of the whole House to debate Labour’s Chagos surrender Bill.
It has been more than a year since the surrender of the Chagos islands was announced, with the Prime Minister, the then Foreign Secretary—now the Deputy Prime Minister—and the Attorney General waving the white flag of surrender and putting the demands of their left-wing lawyer friends above the British national interest. Since then, Labour has denied this House a vote on the whole treaty under the 21-day process in the Constitutional Reform and Governance Act 2010, and has kept details secret from us.
Over in Mauritius, the Prime Minister of that country has been bragging about how he squeezed concession after concession after concession out of Labour. It is shameful that we have found out more about the treaty from debates in the Mauritius Parliament and statements by its politicians than from Ministers accountable to this House. It has been five months since the Prime Minister of this country signed away £35 billion of British taxpayers’ money, stumbling through a press conference rather than coming to this House to face scrutiny and challenge.
At a time of serious fiscal challenge for the public finances, Labour has imposed a £35 billion surrender tax on our country—money that could fund public services here in Britain or support an easing of the tax burden. Instead, it will be handed over to a foreign Government who are using this resource to cut taxes for their citizens. Not only is it shameful, but Ministers have tried to pull the wool over the eyes of the British people by using accountancy methodologies and valuations to try to show a far lower cost. Even then, it is an extraordinary figure of £3.4 billion. The Chancellor may struggle with numbers, but the British people do not. They can add up, and they see what the real cost of this is. On top of that, Ministers still cannot tell us from which budgets in the Foreign, Commonwealth and Development Office and the Ministry of Defence the money will come.
Is the simple truth not that this deal is cheaper than what was proposed by the Conservative party in government, and actually has more protections baked into it?
I think the hon. Gentleman needs a little memory check, because we did not propose a deal.
The British Chagossians, some of whom are watching from the Gallery—I pay tribute to them for their dignified and strong campaigning over many, many years—have been betrayed by Labour. Their rights have been ignored, as have their fears, leading to hundreds fleeing Mauritius and coming here. Labour’s surrender Bill, as presented, does nothing for them. It does nothing for the marine protected area—one of the most important and largest marine environments in the world—which has been protected while under British sovereignty and has become a centre for scientific research and development. That is at risk, and promises and aspirations announced by Ministers to ensure that it continues are not reflected in the Bill.
Shockingly, Labour’s surrender Bill as drafted does nothing to safeguard, defend and protect our national security. Labour is surrendering British sovereignty and territory to a country that is increasingly aligned with China.
The right hon. Lady describes this as a surrender Bill. Can she please tell me which flag will be flying over the Chagos islands if this is a so-called British surrender? It will be a British flag that is flying. Is that a point she understands?
There will be one flag that is flying, and that is the white flag of surrender.
Thousands of Mauritian public officials are being trained—or should that be “indoctrinated”?—by China on courses the Chinese are paying for. Both Russia and China are signing partnerships with Mauritius, but Labour’s surrender Bill fails to protect our interests.
Reports today suggest that China and India are entering into negotiations to sign leases to islands surrounding those on which British military operations will continue under the proposed lease agreement. Does she think that connection to China would be a risk and pose a threat to national security?
My hon. Friend is 100% right, and that is one of the reasons why we oppose this Bill and have done so from the very start.
The promises given by Ministers that nothing can happen in the Chagos archipelago that threatens our interests are already being undermined. Mauritius is in discussions with India about a security role that it can play in the archipelago, and the UK is not even in the room. If these discussions with a friendly country are taking place without the UK, one can only wonder what discussions are taking place in secret with China and Russia. There has been a report that China is already negotiating with Mauritius for Peros Banhos. When he speaks, perhaps the Minister can tell us what he knows about that.
I want to say on that point that this is absolute nonsense. Is the shadow Minister willing to provide any evidence that that is going to take place? This treaty protects the security of the outer islands and expressly prohibits foreign forces building bases on them—something on which her Government did not succeed in their negotiations.
I am grateful to the Minister, but can he actually give me the reassurance that no discussions are taking place? Perhaps he can answer that question when he responds to the debate later.
The promises given by Ministers that nothing can happen in the Chagos archipelago that threatens our interests are already being undermined. If these discussions with a friendly country are taking place without the UK, I can only wonder what discussions are taking place in secret. If such discussions are taking place, that would undermine the assurances Ministers have given to this House and be an act of bad faith on the part of Mauritius. The House knows that this Government kowtow to the Chinese Communist party, leading it to threaten our interests here. Now, they are failing to take seriously the warnings about China, and the threats it poses to Diego Garcia, our military assets and our interests in the Indo-Pacific.
My right hon. Friend has highlighted the Prime Minister misleading—perhaps I have to say inadvertently misleading —us about the cost of this, when the Government Actuary’s Department has shown that it is £35 billion. More than that, he was suggesting in his press conference that China, Russia and others—
Order. The right hon. Member may like to rethink his words about the Prime Minister.
20 of 278 shown
(1B) Within two months of the report being laid before the House of Commons under paragraph (1a), the Secretary of State must table a substantive motion in the House of Commons on the contents of the report.”
This amendment requires that the Government must undertake negotiations with Mauritius on a Chagossian right of return and on a referendum, with a report laid before Parliament on the outcome of the negotiations. The Government must subsequently table a substantive motion in the House of Commons on the content of that report.
Amendment 10, page 1, line 7, leave out subsection (2) and insert—
“(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the Secretary of State establishes a public consultation of Chagossian people residing in the UK on the Treaty.
(1B) The public consultation under section (1A) must be established within two months of this Act receiving Royal Assent.”
This amendment requires the Government to establish a public consultation with the Chagossian people residing in the UK, before the Treaty and sections 2 to 4 of this Act can come into force.
Amendment 11, page 1, line 7, leave out subsection (2) and insert—
“(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the Secretary of State makes a statement before Parliament outlining proposals for a public consultation on the Treaty.
(1B) A statement made under subsection (1A) must be made within two months of this Act receiving Royal Assent.”
This amendment requires the Government to make a statement before Parliament outlining proposals for a public consultation on the Treaty within two months of this Act receiving Royal Assent, before the Treaty and sections 2 to 4 of this Act can come into force.
Amendment 14, page 1, line 7, leave out subsection (2) and insert—
“(1A) The Treaty and sections 2 to 4 of this Act do not come into force until the Secretary of State lays before Parliament an impact assessment detailing the benefits and costs to the United Kingdom, including in financial and security terms, of the Treaty.
(1B) The Secretary of State must lay the impact assessment under section (1A) within 2 months of the passing of this Act.”
This amendment requires the Government to publish an impact assessment detailing the benefits and costs to the United Kingdom, including in financial and security terms, of the Treaty within two months of this Act receiving Royal Assent, before the Treaty and sections 2 to 4 of this Act can come into force.
Clause stand part.
Amendment 13, in clause 2, page 1, line 17, leave out subsection (b).
This amendment removes section 2 (b) of the Bill which aims to remove citizens of the British Indian Ocean Territory from the list of British Overseas Territories recognised under the British Nationality Act 1981, thus preserving British Chagossian’s nationality and associated rights.
Clauses 2 to 4 stand part.
Amendment 3, in clause 5, page 3, line 29, leave out subsections (1) to (4).
Amendment 4, page 3, line 36, at beginning insert—
“With the exception of the subject matters listed in subsection (3A),”.
Amendment 8, page 3, line 40, leave out subsection (3) and insert—
“(2A) An Order under this Act may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”
This amendment provides that any order made under the Act would need to have the approval of each House of Parliament.
Amendment 6, page 3, line 40, leave out
“is subject to annulment in pursuance of a resolution of either House of Parliament” and insert “may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House”.
Amendment 5, page 4, line 3, at end insert—
“(3A) An order under this section relating to Diego Garcia, or the rights of Chagossians residing in the United Kingdom, may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”
Clause 5 stand part.
Amendment 2, in clause 6, page 4, line 17, leave out “see section 1(2)” and insert “see section 1(1A)”.
This amendment is consequential on NC2.
Clause 6 stand part.
New clause 1—Approval of payments to Mauritius by the House of Commons—
“(1) No payment may be made by the Government of the United Kingdom to the Government of Mauritius under Article 11 (1)(a) of the Treaty without the approval of the House of Commons.
(2) No development framework under Article 11 (1)(c) may be agreed by the Government of the United Kingdom with the Government of Mauritius without the approval of the House of Commons.
(3) No payment may be made under any development framework agreed between the Government of the United Kingdom and the Government of Mauritius without the approval of the House of Commons.
(4) The approval required by subsections (1), (2) and (3) must be in the form of a resolution of the House of Commons.”
This new clause requires parliamentary approval for any payment by the UK Government to the Government of Mauritius under the Treaty.
New clause 2—The additional period and right to extend: duty to publish legal advice and risk assessments—
“(1) Within six months of this Act receiving Royal Assent, the Secretary of State must lay before both Houses of Parliament any legal advice and any risk assessments given to the Government relating to—
(a) the ability of the United Kingdom to extend the duration of the Treaty’s provisions for the additional period of 40 years (“the additional period”) specified in Article 13(2) of the Treaty, including—
(i) any advice pertaining to the automaticity, or otherwise, of the UK securing the additional period;
(ii) any obligations placed on both parties to negotiate the additional period;
(iii) any risk assessment of the impact on the United Kingdom’s strategic interests of not securing the additional period; and
(b) the ‘right of first refusal’ offered to the United Kingdom should the additional period not be negotiated at the end of the Treaty’s initial duration under Article 13(5) of the Treaty, including whether such a right exists if the additional period expires without a further extension being agreed.”
New clause 3—Written instrument on the Marine Protected Area: approval by the House of Commons—
“(1) No written instrument on the establishment and management of its Marine Protected Area in the Chagos Archipelago provided for by Article 5 of the Treaty, including any changes to current restrictions on fishing, commercial and extractive activities, may be agreed to by the Government of the United Kingdom unless—
(a) a Minister of the Crown has laid before Parliament a copy of the written instrument,
(b) the written instrument and an explanatory memorandum has been published, and
(c) period A has expired without the House of Commons having resolved, within period A, that the written instrument should not be agreed.
(2) Period A is the period of 21 sitting days beginning with the first sitting day after the date on which the requirement in subsection (1)(a) is met.
(3) ‘An explanatory memorandum’ has the meaning given in section 24 of the Constitutional Reform and Governance Act 2010.”
This new clause provides that any written instrument on the Marine Protected Area will be subject to the approval of the House of Commons in a process equivalent to that required for treaties under section 20 of the Constitutional Reform and Governance Act 2010.
New clause 4—Ecological status of the Marine Protected Area—
“(1) The Secretary of State must, within two years of the passing of this Act and within every subsequent two years, lay before both Houses of Parliament and publish a report on the status of the Marine Protected Area (the ‘MPA’).
(2) Any report made under subsection (1) must include, but not be limited to—
(a) numbers of different species of coral, fish and molluscs in the Marine Protected Area;
(b) coral reef resilience;
(c) fish stocks;
(d) ocean acidification;
(e) any degradation of the marine or terrestrial environments; and
(f) a complete record of the vessels (nature and flag) that enter the MPA.”
This new clause requires the Secretary of State to report regularly on the status of the Marine Protected Area.
New clause 5—Reports to the Intelligence and Security Committee—
“(1) The Secretary of State must, within twelve months of this Act receiving Royal Assent, and every year subsequently, report to the Intelligence and Security Committee of Parliament, established under section 1 of the Justice and Security Act 2013, on the security of the military base on Diego Garcia and the buffer zone.
(2) The report in subsection (1) must include, but shall not be limited to—
(a) the security of the buffer zone;
(b) the management and use of the electromagnetic spectrum;
(c) the presence of any foreign security forces on the islands, whether civilian or military;
(d) a complete record of the vessels, including their nature and flag, that enter the Marine Protected Area;
(e) a complete record of the notifications the United Kingdom has given the Government of Mauritius about activity on Diego Garcia;
(f) a complete record of any information passed from the United Kingdom to the Government of Mauritius, including any military operations, personnel movements, infrastructure development, communications, and logistical support.
(3) For the purposes of this section, ‘buffer zone’ has the meaning of the 24 nautical miles surrounding the island of Diego Garcia.”
This new clause requires the Secretary of State to report annually to the Intelligence and Security Committee about the security of the military base on Diego Garcia and the security of the buffer zone.
New clause 6—Report on the impact of UNCLOS on the operation of the Treaty—
“(1) The Secretary of State must report to Parliament within one year of the passing of this Act, and each subsequent year, on the impact that the United Nations Convention on the Law of the Sea (‘UNCLOS’) has had on the operation of the Treaty.”
This new clause requires the Secretary of State to report to Parliament annually about the impact that the United Nations Conventions on the Law of the Sea has on the operation of the Treaty.
New clause 7—Rights of Chagossians—
“(1) The Secretary of State must consult the Chagossian community based in the United Kingdom on the implementation of the Treaty.
(2) The matters the Secretary of State must consult on shall include, but not be limited to—
(a) the Government of the United Kingdom’s response to any consultation by the Government of Mauritius on the regulations to establish a Trust Fund under Article (11)(b) of the Treaty; and
(b) any areas of dispute concerning the rights of the Chagossian people that arise between the Governments of the United Kingdom and Mauritius, before such disputes are formally discussed in the Joint Committee under the dispute settlement process established in Article 14 of the Treaty.
(3) Within six months of the passing of this Act, and at least once every subsequent year, the Secretary of State must lay before Parliament a report containing an assessment of the efforts of the UK Government to uphold the rights of Chagossians under the terms of the Treaty.”
This new clause requires the Secretary of State to consult the Chagossian community in the UK on the discharge of the UK Government’s obligations under the Treaty, and to report annually on how the UK Government has upheld the rights of Chagossians.
New clause 8—Report on compliance of the Treaty and the Act with UN General Assembly Resolutions on Decolonisation—
“(1) Within six months of this Act receiving Royal Assent, the Secretary of State must produce a report on the compliance of the Treaty agreed with the Government of Mauritius, and the provisions of section (2) of this Act, with the following Resolutions of the United Nations General Assembly—
(a) Resolution 567 (VI),
(b) Resolution 648 (VII),
(c) Resolution 742 (VIII),
(d) Resolution 1514 (XV).
(2) The report specified in subsection (1) must be laid before both Houses of Parliament and, within two months of its publication, the Secretary of State must ensure that a substantive motion relating to the report is tabled, and moved, in both the House of Commons and House of Lords.”
New clause 9—Marine Protected Area: Progress Reports—
“(1) Within twelve months of this Act receiving Royal Assent, and every twelve months thereafter, the Secretary of State must lay before Parliament a report on—
(a) the progress made in establishing; and
(b) managing a Marine Protected Area in the Chagos Archipelago.
(2) The reports required under subsection (1) must include—
(a) a list of any meetings held during the twelve-month period between the Governments of the United Kingdom and Mauritius in which the Marine Protected Area was discussed;
(b) a summary of the non-financial support and assistance provided by the Government of the United Kingdom in the establishment, and management, of a Marine Protected Area; and
(c) the costs incurred by the United Kingdom, including any money paid by the Government of the United Kingdom to the Government of Mauritius, in connection with the establishment, and management, of a Marine Protected Area.
(3) Within two months of a report being laid before the House of Commons under subsection (1), the Secretary of State must table a substantive motion in the House of Commons on the contents of the report.
(4) Within twelve months of this Act receiving Royal Assent, the Secretary of State must seek to undertake negotiations with the Government of Mauritius to secure additional guarantees of its commitment to the development and preservation of a Marine Protected Area.”
This new clause requires the Government to produce an annual report on progress in establishing and managing, and to seek negotiations on securing further guarantees of Mauritius’s commitment to, a Marine Protected Area in the Chagos Archipelago.
New clause 10—Annual report: Treaty implementation—
“(1) The Secretary of State must, within twelve months of commencement and every twelve months thereafter, publish and lay before both Houses of Parliament a report on—
(a) the expenditure of public funds made under the Treaty during the most recent financial year; and
(b) progress on the UK’s implementation of the Treaty.”
This new clause requires the Government to publish an annual report on the expenditure of public funds made under the Treaty and on the progress of the UK’s implementation of the Treaty.
New clause 11—Annual Parliamentary Oversight and Approval of Expenditure—
“(1) The Secretary of State must, once every financial year, lay before the House of Commons, for its approval, an estimate of the expenditure that is anticipated to be incurred by the Government of the United Kingdom in connection with the commitments made under the terms of the Treaty, including, but not limited to—
(a) any payments made or to be made, or financial commitments entered into, with the Government of the Republic of Mauritius in accordance with the Treaty; and
(b) the costs associated with the continued administration, maintenance, and operation of Diego Garcia.
(2) If the payments incurred by the Government of the United Kingdom are greater than those anticipated in the estimate specified in subsection (1), the Secretary of State must lay before the House of Commons, for its approval, a supplementary estimate.”
This new clause provides for an estimates and supply scrutiny process for expenditure to be incurred by the UK Government as a result of the Treaty and the UK’s continued involvement in Diego Garcia.
New clause 12—Review of the welfare and needs of Chagossians residing in the UK—
“(1) Within a year of this Act receiving Royal Assent, the Secretary of State must undertake, and publish the findings of, a review of the welfare, integration, and general needs of Chagossians residing in the United Kingdom.
(2) In undertaking the review specified in subsection (1), the Secretary of State must consult representatives of Chagossians residing in the UK, including community organisations.
(3) Within a month of publishing the report specified in subsection (1), the Government must make time available for a debate in both the House of Commons and the House of Lords on a substantive motion relating to the report.”
This new clause requires the government to undertake a review of welfare and integration of Chagossians in the UK within a year Act receiving Royal Assent with a substantive motion relating to the report of the review tabled in both Houses of Parliament.
New clause 13—Impact of this Act and the Treaty on Chagossians residing in the United Kingdom—
“(1) The Secretary of State must, within six months of the day on which this Act is passed, consult with—
(a) Chagossian persons residing in the United Kingdom; and
(b) bodies representing, or working with, the Chagossian community residing in the United Kingdom regarding the impact of this Act and the Treaty on the Chagossian community residing in the United Kingdom.
(2) The terms of reference for the consultation specified in subsection (1) must include, but not be limited to the impact of this Act and the Treaty on—
(a) the socio-economic status of Chagossians residing in the United Kingdom;
(b) the family life of the UK based Chagossian community; and
(c) any implications for the Chagossian community residing in the United Kingdom, of changes to British nationality law.
(3) Within twelve months of the passing of this Act, the Secretary of State must lay a report before Parliament summarising—
(a) any findings from the consultation; and
(b) any steps the Government intends to take as a result of those findings.”
This new clause requires the Government to consult the UK based Chagossian community on the impact of the Act and the Treaty, and to publish the findings of the consultation.
New clause 14—Duty to produce proposals for a referendum of Chagossians residing in the UK—
“(1) The Secretary of State must, within six months of this Act receiving Royal Assent, lay before both Houses of Parliament proposals for an advisory referendum of Chagossians residing in the UK, seeking their opinions on the Treaty signed with the Government of Mauritius and the provisions of this Act.
(2) Within a month of publishing the proposals specified in subsection (1), the Secretary of State must make time available in both Houses of Parliament for a debate on a substantive motion relating to the proposals.”
New clause 15—Review of the operation of the Treaty—
“(1) Within five years of this Act receiving Royal Assent, the Secretary of State must commence a review of the operation of the Treaty.
(2) The review must include, but need not be limited to, an examination of whether it is in the UK’s national security interests to continue being a signatory to, or to seek the termination of, the Treaty.
(3) A report summarising the findings of the review must be published and laid before both Houses of Parliament.”
This amendment would require the Government to undertake, within five years of the Act receiving Royal Assent, a review of the operation of the Treaty and publish its findings, including whether it is in the UK’s national security interests to continue to be a signatory to the treaty.
New clause 17—Access to the archipelago under the Treaty—
“In any discussions with the Government of Mauritius relating to the provisions of Annex 1(3)(d) of the Treaty, the Secretary of State shall not give consent to the presence of any Indian or Chinese security forces, either civilian or military in nature, in the Chagos Archipelago.”
This amendment would require the Government to withhold consent, in any discussions with Government of Mauritius held under the provisions of Annex 1 (3) (d) of the Treaty, to the presence of any Indian or Chinese civilian or military security forces in the Chagos Archipelago.