UK-Mauritius Agreement on the Chagos Archipelago
(Limited Text - Ministerial Extracts only)
Read Full debate19:36 - Division on Lord Callanan’s Motion - Ayes: 185 / Noes: 205 - Lord Callanan’s Motion disagreed.
The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Lord Collins of Highbury) (Lab)
My Lords, this has been a fascinating and interesting debate. Just to reflect the noble Lord’s recent comments, of course this is a political judgment that the Government have had to make, and certainly the previous Government also had to consider it. I personally think it is very sad that, instead of it being about a political judgment, it has become a partisan party-political issue. Some of the comments that have been made are very regrettable, because, as my noble friend Lady Liddell summed it up, the Government are absolutely committed to the security of this country—as were the previous Government—and that is what this agreement is about. Anyone who questions that is not doing a service to this House or to politics generally.
I thank the International Agreements Committee for its report, which is a very thorough piece of work. But it acknowledges that the treaty should be ratified.
Before I go into the substance of the debate, I also want to wish the noble Lord, Lord Boswell, a very happy retirement. I have known him for some time, from when I first came into the House. He and I have always worked together; whether we were on the opposition or government side, we were absolutely focused on that. I also congratulate the noble and learned Baroness, Lady Prentis of Banbury, on her excellent maiden speech. There was one common theme of both her father’s speech and her own, which was the importance of the international rules-based order and the rule of law, and that is fundamentally what this debate is about. I thank them for their contributions. I am really sorry that the noble Lord, Lord Boswell, is retiring, but he deserves it. However, I know that the noble and learned Baroness will make extremely important contributions to this House about the importance of law and the rule of law, and the importance of judges and the people who supervise those laws. I am very grateful for their contributions.
On 22 May, the Prime Minister signed the landmark agreement with Mauritius to secure the future of the strategically critical UK-US military base on Diego Garcia. This is one of the most significant contributions to the transatlantic defence and security partnership to date. As noble Lords have stressed, key allies and international partners back the agreement, including the Five Eyes, India, Japan and South Korea; the UN Secretary-General, António Guterres, also welcomed the deal, as did the Commonwealth and the African Union. This deal will protect the safety and security of the British people for generations, making sure that the United Kingdom retains the unique, important capabilities we need to deal with a range of threats in the months and years ahead.
The treaty was laid in the House for scrutiny on the day of signature under the usual processes set out in the Constitutional Reform and Governance Act. I want to reassure the noble Lord, Lord Wolfson; he knows that I greatly admire his oratory, but before the treaty is ratified, the Government will bring forward primary legislation, which will be scrutinised and debated in the usual way.
This was a difficult decision, and one we took after great consideration—because it matters. The military base on Diego Garcia is a strategic asset which underpins our national security, supporting operations that keep the British people safe, enabling the rapid deployment of operations and forces across the Middle East, east Africa and south Asia, and helping to combat some of the most challenging threats, including from terrorism and hostile states. Its unique strategic location creates real military advantage across the Indo-Pacific.
Some of the base’s capabilities are rightly secret. They include airfield and deep-water port facilities. These support a wide range of air and sea operations, including berthing our nuclear-powered submarines and sensitive satellite communications. In recent years, the facility on Diego Garcia has helped to collect data used in counterterrorism operations against high-value Islamic State targets. This included information that was used to disrupt threats to our country and reduce the risk to coalition operations significantly.
The base makes a core contribution to the United Kingdom’s important relationship with the United States, as we have heard in this debate. Our defence, security and intelligence relationships are deeply intertwined. Indeed, almost every operation from the base is in partnership with the United States.
As your Lordships will know, the operation of the base on Diego Garcia has been under threat for decades. Under the previous Government, Mauritius secured a string of legal and political victories against the United Kingdom that created the immediate jeopardy facing the base: a comprehensive rejection of our arguments by 13 judges to one at the ICJ in 2019; the loss of the UN General Assembly votes by a margin of 116 to six; a maritime delimitation judgment handed down in 2021 by a special chamber of the International Tribunal for the Law of the Sea on the basis of Mauritian sovereignty over the Chagos Archipelago and not UK sovereignty; obligations placed on the British Indian Ocean Territory Administration by UN bodies to cease specific activities; and various procedural blockages at international organisations, including the Comprehensive Nuclear Test-Ban Treaty organisations. Precedents were set. International political support fell away.
I say to my friend the noble Lord, Lord Ahmad, and to the noble Lord, Lord Wolfson, that it is highly likely that further litigation would have been brought quickly by Mauritius against the United Kingdom—which is why the previous Government committed to negotiate—in which we would have had no realistic prospect of defending our position on sovereignty. As the International Agreements Committee said in its report, the evidence it heard confirmed that any international court would be unlikely to find in favour of the United Kingdom. In that circumstance, the committee stated,
“the future of the Base … would be at greater risk”.
As a number of noble Lords have said, the evidence of the eminent judge Sir Christopher Greenwood KC bears repeating here. As he says, the advisory opinion is
“a very authoritative guide to the legal position. In reality, it would be very difficult for any state just to ignore an almost unanimous opinion of the international court”.
The serious consequences for the base operations cannot be overstated. Put simply, it would not be able to operate as it should, putting at risk our national security and prosperity, and the impact could be felt extremely quickly. Legally binding provisional measures could be issued within weeks of a case being brought, potentially affecting our ability to patrol the waters around the base and undermining the base.
As the International Agreements Committee has confirmed, a binding judgment against UK sovereignty would very likely have followed. This would give rise to real impacts on the operation of the base and on the delivery of all its national security functions. These impacts could include our ability to protect the electromagnetic spectrum, as the noble Lord, Lord Kerr, said, from interference and to ensure access to the base by air and by sea—in effect, to control the maritime area around the base.
When this Government came to power, like the one before, they concluded that agreeing a treaty now, on our own terms, was the only way to secure the proper protections, including from malign influences, that would allow the base to operate as it has done well into the next century. We have negotiated robust security provisions to protect the United Kingdom and the base for decades to come. The International Agreements Committee agrees that the treaty is successful in protecting base operations—full control of Diego Garcia. This includes full control and management of the electromagnetic spectrum, which is key to our ability to counter hostile activities.
I say to the noble Lord, Lord Ahmad, that there is a 24 nautical mile buffer zone where nothing can be built or placed without UK consent, meaning that we can protect UK interests. That is a rigorous process to prevent any activities on the wider islands—some of which are over 100 nautical miles away—from disrupting base operations. This includes joint UK decision-making, meaning that there are no developments unless we agree; a strict ban on foreign security forces on the outer islands, whether civilian or military; and binding obligations to ensure that the base is never undermined. Protections within the treaty were designed and tested at the highest level of the US security establishment, including through interagency review processes under two US Administrations, both of whom supported the UK proceeding with the deal.
There has been some inaccurate reporting, as we have heard in this debate, about the apparent requirement that the UK notify Mauritius in advance of military operations. Let me reassure the noble Lord, Lord Alderdice, who raised this first, that this is a complete misunderstanding of the treaty. There is no such requirement. The UK has agreed to inform Mauritius of military action, as is standard practice in most international basing arrangements. This does not need to be in advance, and no sensitive details of military activities would ever be passed on. I am sure that noble Lords will have already noted that the International Agreements Committee tested this point in particular and agreed that the treaty did not oblige the UK to notify Mauritius in advance of operations. A noble Lord asked about the terms of termination of the agreement. I think the noble Lord, Lord Wolfson, acknowledged that there are very limited conditions for termination—namely, if we do not pay or if we attack Mauritius.
The costs of the treaty have been published in full and laid in the House. The noble Lords, Lord Callanan and Lord Howell, cited the figure of £30 billion to £35 billion. I believe that that figure is deliberately misleading, and I think noble Lords will understand this point. It is fundamentally wrong to present numbers that ignore the effects of inflation and the changing value of money on the real cost of a deal that lasts 99 years. The average cost per year in today’s money is £101 million, and the net present value of payments under the treaty is £3.4 billion. This compares well to other international basing agreements.
I think it was the noble Lord, Lord McDonald of Salford, who first mentioned the fact that France recently announced an €85 million per year deal with Djibouti. Diego Garcia is 15 times larger, more capable and more strategically located, and can operate with complete operational freedom. That is before counting the waters surrounding the island and the additional buffer zone which I just mentioned, which cover a further 6,200 square kilometres of UK operational control, and the prohibition of hostile activity on the outer islands. The cost represents a fraction of a percentage of the total defence budget—less than 0.2%. This makes it possible for us to access, use and benefit from the most highly sophisticated and strategically important military facility in the world. It upholds our end of a defence and security partnership with our closest ally. That is at the foundation of how we keep our country safe.
Many noble Lords have confirmed the strength of feeling about the impact of the treaty on the Chagossians. I am absolutely sympathetic to that point, and certainly to the concerns raised by both the committee and the noble Lord, Lord Purvis, in his Motion. The Government have expressed deep regret for the way Chagossians were removed from the islands in the 1960s and 1970s, but the negotiations on this treaty were necessarily state to state. Our priority was to secure the full operation of the base on Diego Garcia, and this is what we have achieved.
Nevertheless, we recognise the importance of the islands to the Chagossians and the different views within the Chagossian community, many of whom did welcome the deal. The deal meets many of the requests we have heard from Chagossians over recent years. For the first time since the 1960s, a programme of resettlement can begin on the islands, other than Diego Garcia. We will work with Mauritius to initiate a new programme of visits for Chagossians to the Chagos Archipelago, including Diego Garcia. The UK will capitalise a trust fund for the benefit of Mauritius, in the region of £40 million. This is part of the financial package within the treaty. Separate to the agreement, we will also increase our support to Chagossians living in the United Kingdom through new and existing projects.
I say to my noble friend Lord Grocott that, while there is no permanent residency on Diego Garcia for security reasons, there are no restrictions on applications by Chagossians to be employed on Diego Garcia and live on the island during that employment. Chagossians have previously worked in the military base.
However, I fully understand the strength of feeling on this subject and the concerns highlighted in the report of the International Agreements Committee and the Motion from the noble Lord, Lord Purvis. So let me be absolutely clear to the House: ahead of ratification, this Government will commit to making a ministerial Statement in both Houses providing a factual update on eligibility for resettlement and the modalities of the trust fund. This will enable further discussion in a proper manner, in line with the desire of the committee and the noble Lord, Lord Purvis. I hope that, in the light of this assurance, he will not feel it necessary to press his Motion to a vote.
On the unique environment of the Chagos, both the United Kingdom and Mauritius have committed to protecting one of the world’s most important marine environments. At the United Nations Ocean Conference, this commitment was reaffirmed in a meeting between the Mauritian Prime Minister and the Environment Secretary. They discussed further co-operation on environmental protection across the archipelago and the Mauritian plans for the creation of a new marine protected area. Under the agreement, the United Kingdom will continue to manage environmental protection on Diego Garcia, which includes the important Ramsar wetland site. We have additionally agreed to support Mauritius in the establishment of marine protected areas, and officials have already begun discussions with their Mauritian counterparts on what this will involve and how environmental standards can be maintained.
The noble and gallant Lord, Lord Houghton, made a point about the coastline of Diego Garcia. Like all small atoll islands, it is naturally dynamic and I will not speculate about future erosion. However, scientific surveys have concluded that the overall land area of the parts of the island not shaped by military construction has decreased by less than a single percent over the last 50 years.
This has been a really important debate, because we have been absolutely focused on the security of this country. None of this has been particularly easy. This was a difficult decision—not one we took lightly, but one we had to make and handle carefully, for all of our sakes. So, lastly, I underline how important a role this landmark agreement has to play in our future, by securing the strategically critical UK-US military base on Diego Garcia well into the next century. It is important for stability in the Indian Ocean region and beyond, important for our defence and security partnership with our closest ally, the United States, and important for our national security here at home in the United Kingdom.
Lord Callanan (Con)
My Lords, I thank the Minister very much. The House will be pleased to know that I will not try its patience by going through the many points that have been made. There was much that I could disagree with—many points of error that I could pick up on and some factual statements that I think were wrong. However, if the Minister will permit, I would like clarification on one point that he made earlier. At the start of his remarks, he said that the Government would bring forward legislation before the treaty is ratified. To be absolutely precise, does he mean they would bring forward that legislation and that that legislation would be passed?
Lord Collins of Highbury (Lab)
Well, the noble Lord could have interrupted me when I was giving my contribution. It is absolutely clear that we need primary legislation, which we will bring forward before ratification.
Lord Callanan (Con)
That legislation would have to be passed by Parliament before ratification.
Lord Collins of Highbury (Lab)
I do not understand. The noble Lord has been here long enough. How does legislation get effected in this Parliament?
Lord Callanan (Con)
This is a simple question to the noble Lord. I am very well aware of the procedures. Is he saying that the Government will bring forward the legislation before the treaty is ratified or that the legislation would need to be passed by Parliament before it is ratified? In other words, he will not just bring it forward and then ratify the treaty before Parliament has approved it. It is a simple question, to which I would like a simple answer.
Lord Collins of Highbury (Lab)
I have answered the point repeatedly. I said it in my opening contribution and I will not continue this up and down dialogue.
Lord Callanan (Con)
I think the House well understands that we did not get an answer to that question. There are many other points that I could make and many questions that have not been answered. He did not respond to any of the points from my noble friends Lord Ahmad or Lord Wolfson, so I hope he will be able to do so in writing. In the meantime, I would like to test the opinion of the House.