St Helena: UK Immigration

Commons Urgent Question

My Lords, the following Statement was made in the House of Commons on Monday 21 October:

“The House is aware that a political agreement has been reached with Mauritius about the long-term future of the British Indian Ocean Territory. Once any treaty with Mauritius comes into force, following its proper parliamentary scrutiny, Mauritius will be responsible for any migrants who arrive there. However, we needed to find an interim contingency solution for the period before that agreement comes into force. Given that there is no permanent population, BIOT has never been an appropriate long-term location for migrants due to the logistical challenges of providing appropriate care in such a remote place without civilian infrastructure.

On 15 October, a new memorandum of understanding was reached with the Government of St Helena so that any new migrants arriving in the interim period will be transferred to St Helena. The intention is for that agreement to last until the treaty with Mauritius comes into force, recalling that, in practice, no new migrants have arrived on Diego Garcia since 2022.

We are hugely grateful to the St Helena Government for their assistance. Their Chief Minister has said:

‘This arrangement presents a unique opportunity for a British Overseas Territory to be in a position to assist the UK, and we are pleased to be able to work in close partnership with the UK Government towards a mutually beneficial solution’.

The UK Government have agreed to provide one-off funding of £6.65 million to St Helena to improve health and education outcomes, and upgrade government infrastructure. This is consistent with our long-term support to the community in St Helena, which is of course crucial. This is a long-term, consistent partnership. We will support St Helena by providing technical support and funding the transfer and subsistence costs for any migrants affected. Of course, this is not the first time that St Helena has supported the wider UK family. The agreement is testament to its integral place in our family. We thank it for its support”.

My Lords, I thank the Minister for repeating the Statement. As noble Lords will remember, the previous Government were often criticised, sometimes justifiably, for making announcements in the media as opposed to making them to Parliament. It was therefore disappointing to see that this announcement was made by briefing to the media before Parliament was briefed on it.

As the noble Baroness said, an agreement was reached with the Government of St Helena. Does that mean that it was reached with the entire Legislative Council of St Helena and the residents who will be affected by this policy? Can the Minister say whether the Government are now in favour of offshoring asylum seekers while their applications are processed?

As to whether the agreement was reached with the entire Legislative Council, we respect the democratic autonomy of St Helena. It is for St Helena to determine what consultation or engagement it wishes to have; it is not for the UK Government to take those decisions on behalf of St Helena, which has the right to take them and has chosen to handle this in this way. The Minister from St Helena’s comment is very clear.

On offshoring, I think the noble Earl is trying to probe how this may or may not relate to the previous Government’s Rwanda programme. Noble Lords will recall that that programme cost £700 million and returned four migrants, voluntarily.

My Lords, it is good news that the Government have reached an agreement with Mauritius in principle, although there are of course still concerns about the involvement of the Chagossians in the process. Will any migrant who gets to these territories and is then transferred to St Helena have an opportunity to apply for asylum in this country, given the role we are playing in the interim period before Mauritius takes over its responsibilities? Will the Mauritius agreement be subject to scrutiny by the International Agreements Committee of this House? If so, when is it likely to come before us? Will the Tamil asylum seekers, who were kept in awful conditions on Diego Garcia without a solution being found until recently, be able to seek asylum in this country, even though they may have to transfer elsewhere in the interim? If so, what will be the timescale?

These are theoretical migrants, as no migrants would be subject to the new agreement with St Helena. It is not an international agreement in the same way that our agreement with Mauritius is; it is an agreement with one of our overseas territories, so it is slightly different. In the very unlikely event that any new migrants arrive in the Chagos Islands, they would be removed to St Helena and it would be for St Helena to process them and make any decisions about their status. It is our position that Diego Garcia is not a suitable place for the current migrants; most have left, as we discussed a couple of weeks ago. They will not be subject to this agreement and will be dealt with separately.

As I was recently in St Helena at a Commonwealth small islands conference, I was shocked to hear about this development. The education, health and other facilities for the small population of the island will be severely stretched. Can the Minister give us some idea of the numbers envisaged and the timescales, given the remoteness of St Helena and the transport difficulties?

I shall endeavour to reassure the noble Baroness, whose care for St Helena is clear in her question. Our hope is that no migrants arrive in the Chagos Islands during the 18 months that this agreement will be in place—it is either for 18 months or until the agreement with Mauritius is ratified, whichever is sooner. We hope that it is much sooner than 18 months and that nobody arrives and needs to be taken to St Helena. However, the noble Baroness is right to say that, regardless of any new migrants, St Helenians face health and education support challenges, and we are providing them with £7 million for that. We would also pay for the transport and subsistence of any new migrants, so we think this agreement is good for St Helena, which is why it has welcomed it so warmly.

My Lords, this is a substantial amount of money. Does the Minister agree with me that it could be much better spent on a comprehensive feasibility study of the practicalities of resettling the Chagossians on the outer islands? If that was successful and worked, surely the Sri Lankans currently on Diego Garcia could go to the outer islands.

The noble Lord rightly says that £6.65 million is a lot of money, but I point out that the previous Government were spending £50 million every year on housing those migrants on Diego Garcia. We think that that is not an appropriate place for them to be, and we are going to work to make sure that they are more appropriately dealt with.

My Lords, I agree with the Minister that Diego Garcia is not an appropriate place to house migrants; indeed, there were returns of Sri Lankans to Sri Lanka. But under the agreement, if people arrive during the 18-month period, what happens to those who are rejected for asylum after the processing takes place on St Helena? Secondly, will those who are entitled to claim asylum in St Helena be granted the same entry rights that St Helena’s residents are to enter the United Kingdom?

It is important to note that there would be no automatic right to entry rights or citizenship. It is for the Helenian Government to make a determination about anybody who arrives and facilitate their removal.

How will people be physically removed? How will they get to St Helena? Is accommodation being provided for them on St Helena on their arrival?

Again, we are not anticipating migrants arriving, and this is very much a contingency measure. But should that happen, transport would be provided and they would be accommodated, in line with all the obligations anyone would expect in terms of decency, far better on St Helena, where there is a civilian population and healthcare and education facilities. It is far better there than on BIOT, where no such facilities were available.