Diego Garcia Military Base and British Indian Ocean Territory Bill
(1 day, 8 hours ago)
Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
Priti Patel (Witham) (Con)
(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if she will make a statement on the Government’s plans for the Diego Garcia Military Base and British Indian Ocean Territory Bill.
The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty)
I hope that you make a swift recovery, Mr Speaker—having injured my ankle just before Christmas, I know how painful it can be.
On 22 May, the Diego Garcia treaty was signed and laid before the House. As the Defence Secretary told the House on the day of signature, the treaty secures the strategically important UK-US military base on the island of Diego Garcia. The base, as I have said in the House many times, is essential to the security of the United Kingdom and our key allies, including the United States. It is essential to keeping British people safe. It is also one of our most significant contributions to the transatlantic defence and security partnership, because it enables rapid deployment of operations and forces across the middle east, east Africa and south Asia, helping to combat some of the most challenging threats, including threats from terrorism and hostile states. Its unique strategic location creates real military advantage across the Indo-Pacific. The facility has also helped the collection of data used to support counter-terrorism operations against, for instance, high-value Islamic State targets in recent years.
As we have made clear many times in the House, the UK will never compromise on our national security, and, as we have been repeatedly making clear, the agreement that we have struck is vital for protecting our national security, guaranteeing the long-term future of a base that is vital for both the UK and the United States, which had been under threat, as the Opposition fully understood and on which they were briefed. The deal secures the operations of the joint UK-US base on Diego Garcia for generations. It was publicly welcomed by the United States, Australia and all other Five Eyes partners, as well as key international partners, including India, Japan and South Korea.
Just last week, the House spent two hours debating the Lords amendments to the Bill. The Opposition will know, of course, that the programming of business in the other place is a matter for the other place and not for us. However, the Lords’ consideration of Commons amendments has been delayed because the Opposition tabled a wrecking amendment hours before the other place rose—[Interruption]—I think this just shows the measure of them, Mr Speaker—and a day before a scheduled debate. This is irresponsible and reckless behaviour from the official Opposition in the second House, using programming tactics to frustrate the implementation of a treaty on a critical national security matter.
I have to say that stands in stark contrast to the reasoned and constructive criticisms, questions and suggestions from Members in other parties, and indeed from Cross Benchers. We have engaged with those in good faith at every stage, and we will continue to do so. This is on the official Opposition, because their amendment is not only unnecessary; it is toying with our national security. It is only right that we take time to consider the next steps on programming, because we remain confident that this treaty is the best way forward.
The Lords will consider the Commons amendments in due course, and that will be announced in the usual way. The Government are committed to the deal that protects the joint UK-US base on Diego Garcia. Some have sought to sabotage the process through procedural motions and parliamentary stunts. We, instead, are focused on delivering this Bill to protect our national security.
Priti Patel
Labour’s Chagos surrender humiliation continues. Today the Government were hoping to force through their surrender Bill in the House of Lords—giving away territory, handing over £35 billion to a foreign Government allied to China, and betraying the Chagossians. But after the Conservatives pointed out how their surrender would violate our existing international obligations and challenged the Government, the Government pulled the Bill from the House of Lords Order Paper to avoid being defeated.
In its rush to appease left-wing lawyer friends, Labour overlooked the 1966 treaty between the UK and the US. I have a copy in front of me for the Minister to read. It states that the British Indian Ocean Territory
“shall remain under the United Kingdom’s sovereignty.”
Does the Minister accept that the Bill and the treaty with Mauritius violate the 1966 treaty with the US? Following the US President saying that the UK is giving away the Chagos Islands
“FOR NO REASON WHATSOVER…There is no doubt that China and Russia have noticed this act of total weakness…The UK giving away extremely important land is an act of GREAT STUPIDITY”,
can the Minister tell us what discussions have taken place with the US Administration in the last few days and whether they have communicated that they are now reviewing the deal?
Britain’s weak Prime Minister seemed to suggest in the House last week that he was being bullied by the President, which is quite a personal statement. Has the Prime Minister had a direct discussion with the President about Chagos in the last week, and can the Minister confirm that any changes to our 1966 treaty with the US will undergo parliamentary scrutiny under the 21-day Constitutional Reform and Governance Act 2010 process, with time given for debates and votes? Does he accept that it would be logical for this House to consider amendments to the 1996 treaty with the US before proceeding with the Bill? Can the Minister confirm that upon appointment as the British Indian Ocean Territory envoy and before becoming National Security Adviser, Jonathan Powell, a friend of China, accelerated the negotiations with Mauritius to surrender the Chagos Islands? It is time Labour saw sense, scrapped this treaty and stood up for Britain.
Stephen Doughty
I did think that perhaps the right hon. Lady might have something more, but the tone, the braying and the noise reflect a simple political stunt from the Conservatives, which is deeply regretful when we are talking about such important matters of national security.
The right hon. Lady asks specifically about the US-UK exchange of notes. I am genuinely surprised about that, because we have been clear throughout that before the UK can ratify the treaty, we will need to do the following: pass primary and secondary legislation; update the UK-US agreement—the exchange of notes; and put in place arrangements on the environment, maritime security and migration.
Perhaps the Conservatives have only just clocked on to the need to update the UK-US agreement, but the Minister in the other place answered the noble Lord Callanan’s question on 22 December:
“Talks are ongoing to update the UK-US Exchange of Letters on the operation of the Diego Garcia Base.”
We have been clear about that throughout, so presenting this as some sort of gotcha and saying that we have not looked at the law is absolute nonsense. Frankly, it is deeply, deeply irresponsible.
We have made excellent progress towards finalising an updated UK-US agreement. For the record—because the Conservatives will not have looked at any of the history of this—the UK-US agreement was updated in 1972 and 1976, twice in 1987, and in 1999, so this is a regular process. We have had to update it, for a range of reasons, in the past. We were always clear about the need to put in place the necessary domestic and international legal processes to deal with this matter. The idea that this is something new, or some sort of gotcha, is simply for the birds.
The right hon. Lady asks about the contact with the United States. We remain engaged with the United States on a daily basis on matters relating to our national security. We will continue to engage with it on this important matter and on the importance of the deal to secure US and UK interests, and allay any concerns, as we have done throughout this process. There is nothing new in that, and it is absolutely right that we do so.
The right hon. Lady’s claims about China were simply rubbish. I am really surprised that the Conservatives continue to play these shocking party political games.
Dan Carden (Liverpool Walton) (Lab)
I am sorry that I am the only Labour Back Bencher who wants to speak. I have huge respect for my hon. Friend, and I fear that I am not going to say anything he particularly likes. I have followed this matter as closely as possible, and I have gone along with the Government up to this point, but it has been against my instincts. I still cannot understand exactly what we are doing here. International agreements do not protect us against our enemies or our allies; sovereignty does. I genuinely think that the people we represent will be asking, “Why can the Prime Minister not step forward, assert sovereignty over these islands, and make it clear that we have the military defence to defend them?”
Stephen Doughty
My hon. Friend has perhaps not been in for some of the previous debates on this, but I have set out why on a number of occasions. [Interruption.] Again, there is a lot of noise from the Conservatives, but they knew the problem here. They knew the risk to the operations of the base, which is why they engaged in 11 rounds of negotiations. I say again that the operations of this base were under threat, and we are not willing to play roulette with our national security. We therefore put in place the necessary steps to protect—and this is the crucial thing—the operations of that base, and our ability to carry them out fully in the way they are today, from the threats to it that existed. They put our national security—
Stephen Doughty
The hon. Member asks what the threats are. I have set those out on many occasions in this House. What is more, we have secured better protections in this deal than the Conservatives attempted to negotiate, including the buffer zone and the protections in relation to foreign forces on the outer islands. The priority for us has been securing our national security and the operation of this base for us and our allies.
Calum Miller (Bicester and Woodstock) (LD)
The Liberal Democrats have argued consistently that the Chagossians’ right to self-determination should be honoured, so even at this eleventh hour I ask the Government to reconsider their obstinate refusal to give Chagossians a voice over the homeland from which they were shamefully and violently removed. Will the Minister support the Liberal Democrat amendment in the other place that seeks to secure binding guarantees from the Government of Mauritius? The Government have also failed to address the concerns shared across this House about the vast sums of public money due to be sent to the Government of Mauritius over the lifetime of this agreement. We should not sign 99 cheques today that Mauritius can cash over the next century, so will the Minister support the Liberal Democrat amendment in the other place to give Parliament annual scrutiny of the payments made to Mauritius? In the light of the shifting US position, I encourage the Minister to consider soberly the approach the Government are taking, and I urge him to accept the Liberal Democrat amendment in the other place for a pause while the US position is clarified.
Stephen Doughty
The hon. Gentleman and his colleagues in the other place have given serious and considered reflections on this Bill a number of times. We have discussed them privately and responded to them in the other place, and I will certainly listen very closely to what he has said on a number of issues. Those include continuing to update both Houses on the cost issues and other matters, although I am sure he agrees that some of the wild figures we have heard quoted are simply not accurate or based in any kind of fact.
The hon. Gentleman raises the issue of the Chagossians. He knows that I and others have engaged with Chagossian communities on a number of occasions, and a wide range of views have of course been expressed by Chagossian communities. He knows that a referendum would not have resolved this long-standing issue between the UK and Mauritius, which required state-to-state negotiations. Indeed, the courts here, noting the conclusion of the International Court of Justice in the 2019 advisory opinion, have proceeded on the basis that the relevant right to self-determination in the context of BIOT was that of Mauritians rather than of Chagossians, and that remains the fact.
I appreciate what the hon. Gentleman says about Chagossian communities. He knows my commitment to them, to listening to the range of views and to trying to do the right thing, including acknowledging the deep wrongs of the past. We will continue to engage with him and his colleagues, and I would be very happy to meet him to discuss the amendments in the other place.
Sir Julian Lewis (New Forest East) (Con)
The Minister is keeping up a brave face in public, but when he goes back to his colleagues he will have to tell them that the only contribution from his own Back Benches was to disagree with the Government’s position, and to do so bravely and articulately.
Does the Minister accept that the reason that this Bill may not go through is the work of the Conservative Opposition in both Houses of Parliament and the words of the leader of the Reform party in Mr Trump’s ear? Does that not show what can be achieved when two parties make common cause in a very worthwhile aim to achieve a vital objective?
Stephen Doughty
That comment speaks for itself, but I must say that I am absolutely astonished. Perhaps the right hon. Member is next on the defection list.
Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)
Oh, grow up, you silly little man!
Stephen Doughty
Those are absolutely extraordinary comments. We have made very clear how this deal supports our national security interests and those of the US—
Mr Speaker
Order. I think the right hon. Member will want to withdraw that comment.
Stephen Doughty
Again, I think the tone of Opposition Members tells everybody—it tells the public—exactly what is going on here, which is political game playing. There were hundreds of votes the other day for ensuring that the Bill went through, because it has the consent of this House, and it is deeply irresponsible for Opposition Lords to be playing reckless games with our national security in the other place.
Richard Tice (Boston and Skegness) (Reform)
I will tell the Minister what is deeply irresponsible, and that is to give away our national sovereignty and damage our national security interests. That is what is deeply irresponsible, and thank heavens the US Administration have now realised that they were deliberately misled by our National Security Adviser and the Foreign Office—[Interruption.] Mr Speaker is listening intently. The National Security Adviser deliberately misled the American Administration, and they are angry. They are furious at what has gone on, and that is why they have changed their tune. Will the Minister confirm that if the Americans will not sign the update to this agreement, it is dead and buried? And who will resign?
Stephen Doughty
I am not going to take any lessons in national security from the fake patriots over there on the Opposition Benches and a party whose leader in Wales took bribes from Russia to promote narratives from the Kremlin. I think Conservative Members ought to be very careful about who they associate with.
Sir Andrew Mitchell (Sutton Coldfield) (Con)
The Minister, who is normally a reasonable fellow, always makes the point that the last Conservative Government started the negotiations. Does he now understand that, first, we were unable to conclude them and that, secondly, we would never have agreed or concluded the very one-sided deal that he and his colleagues have so naively and mistakenly agreed?
Stephen Doughty
Perhaps the right hon. Gentleman would like to publish what costs the then Government were willing to pay for this deal.
Richard Foord (Honiton and Sidmouth) (LD)
In answer to a recent written question, a Defence Minister confirmed that
“all decisions on whether to approve foreign nations’ use of military bases in the UK for operational purposes considers the legal basis and policy rationale for any proposed activity.”
Can the Minister confirm that this commitment on the use of military bases in the UK by allies such as the US also applies to the military base at Diego Garcia?
Stephen Doughty
I am afraid that I might need to write to the hon. Gentleman with the detail on that very specific point, but I can assure him that our operation of military bases, whether alone or with allies, is always in accordance with international law. That is why we have followed the process that we have in updating the different pieces of legislation and other agreements that need to be updated.
Sir Bernard Jenkin (Harwich and North Essex) (Con)
When did the Minister first learn that the United States could effectively veto this agreement with Mauritius?
Stephen Doughty
I do not really understand the premise of the question. We have always been clear that we would work closely with our key defence and security ally the United States in securing the base on Diego Garcia. We have set out on a number of occasions the processes by which we would need to bring this treaty into force. There is simply no gotcha moment here. This has been clear, and it was made clear to those in the other place, but perhaps Members have not been reading the answers to the questions.
Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)
Is it not clear that the Minister, who is normally very benign, is now rather tetchy? If he was so sure of what he says, why did he not make a statement rather than be dragged to the Floor of the House by the Opposition? When the previous Foreign Secretary made the clear statement that, if the US says no, this deal is off, was he referring to the 1966 arrangements or was he just doing it off the cuff?
Stephen Doughty
We have always been clear that we would work closely with the United States to put in place the agreements to protect our national security and the operations on Diego Garcia. That is exactly what we have done. That is exactly what this Bill and this deal secures. I have set out clearly the importance of updating the exchange of notes. That has been clear throughout and it was made clear in the other place before Christmas. It has been made clear on a number of occasions. Really, there is nothing new here.
Jeremy Corbyn (Islington North) (Ind)
Does the Minister acknowledge that, ever since the brutal removal of Chagossians from their homes in the 1970s and 1980s, their one unifying factor has been their determination and desire to return? Will he also confirm that international law indicates that the Chagos islands—both the archipelago and Diego Garcia—should be, under decolonisation statute, handed over to Mauritius, and that the only way of guaranteeing the right of return of Chagos islanders is for the House to accept the treaty that the Government have negotiated, which is supported by the Chagos Refugees Group, largely based in Mauritius and the Seychelles, and some of the Chagos islanders who live in this country. [Interruption.] Of course there is debate—nothing wrong with that—but this guarantees a right of return.
Stephen Doughty
We have been clear about that on a number of occasions. The right hon. Gentleman sets out very many important aspects of the history of this matter, and importantly puts on record the views of a range of other Chagossian groups who speak in support of the treaty and in support of the deal, primarily because it gives them the best chance to be able to resettle on the outer islands. We continue to support them on that measure, and we will continue to engage with all Chagossian communities—even, of course, those who disagree with the deal—to ensure that their needs and concerns are heard both in this country and internationally. That is also why we are capitalising the Chagossian trust fund.
Dame Harriett Baldwin (West Worcestershire) (Con)
I think it is unprecedented at such an event for only one Government Back Bencher to speak, and the hon. Member for Liverpool Walton (Dan Carden) very bravely spoke against the deal. It is very important that the sovereignty of these islands remains British. That was highlighted in the Labour manifesto, which stated:
“Defending our security also means protecting the British Overseas Territories…Labour will always defend their sovereignty and right to self-determination.”
May I suggest a gentle down ramp for the Minister, for whom I have a lot of admiration, which is simply to just not find the time in the other place to progress things and allow Prorogation to gently wash this particular piece of proposed legislation out to sea?
Stephen Doughty
We have been clear throughout that the national security of our country comes first—and the national security of our allies and partners—which is why the previous Government were engaging to do a deal. They recognised the threat to the operations of the base. We concluded that deal. We have a deal that secures the future operations on Diego Garcia well into the next century. That is the most important thing in this whole process.
Sammy Wilson (East Antrim) (DUP)
Unusually, the Minister has resorted to bluster today, accusing those of us who are opposed to the treaty of being “irresponsible” and “toying with” the security of the country. Does he not accept that it is the Government who are toying with the security of this country by ignoring the views of the Americans who use the Diego Garcia base, the fears of the Chagossians and the drain on public finances? Are the Government not using their majority and their Members as pawns to push through a deal that they know is wrong, unfair and dangerous for the country?
Stephen Doughty
I should clarify that I was referring not to the right hon. Gentleman, but to the irresponsible procedural game playing by Opposition peers in the other place. Many people, including those who oppose the Bill, have raised serious, considered comments on and criticisms of the Bill which we have tried to engage with in good faith. I do not recognise his comments about the cost. This is a priceless national security asset, and the deal compares well with what other countries pay for their bases, such as France’s base in Djibouti. This is a crucial deal for the United Kingdom, the United States and our allies. We will never compromise on national security and on protecting this country from terrorism and hostile states. That is absolutely crucial. That is why we are doing this deal.
Dr Andrew Murrison (South West Wiltshire) (Con)
May I first express my respect for the Minister’s ability to consistently defend the indefensible? An absolute masterclass! Is it not the case that the President of the United States now has our Prime Minister completely over a barrel after his incautious and unhelpful remarks over Greenland? Would it not have been better, along the lines of “The Art of the Deal”, to have dealt with this before the Government signed the surrender treaty, and not after?
Stephen Doughty
The right hon. Gentleman makes a link with the discussions on Greenland in recent weeks. We have been absolutely clear that we will always work with the United States on the treaty: we will always allay any concerns they have, and we have engaged with them every single day throughout the process. The deal was welcomed by Secretary Rubio, the US Administration, Secretary Hegseth and across the United States system, and very much so because—I will make this point, Mr Speaker—we secured a deal that, crucially, secures the operations that we and the United States conduct at the base, and that has additional protections that the previous Government did not get into place.
Andrew Rosindell (Romford) (Reform)
When the historians write about this period of British history, those who have engineered this betrayal of British sovereignty over the King’s islands, along with the complete betrayal of the loyal British-Chagossian people, will not come out of it too well. I ask the Minister, even at this late stage, to review this shameful policy and give the Chagossian people—whom he did not even mention in his reply to the shadow Foreign Secretary—the same right of self-determination that we afford to all other British overseas territories. Why are the Chagossians treated differently to everybody else?
Stephen Doughty
With the greatest of respect, as the hon. Member well knows, I have regularly referred to Chagossian communities, and I have engaged with and met them on many occasions—even in opposition, before I became a Minister. I have deep respect for them, including those members of the communities who disagree with me. I simply cannot take anything seriously from the hon. Member, when he has joined a party that had such links to Russian money coming into its leader in Wales.
Lincoln Jopp (Spelthorne) (Con)
Last time I checked, there were 404 Labour MPs. Why does the Minister think that his Whips could not come up with a single Back Bencher to come to the Chamber and support his position today?
Stephen Doughty
Because they see this for what it is, which is simply party political game playing. Games are being played with our national security in the other place in a way that is deeply reckless and irresponsible.
Mike Wood (Kingswinford and South Staffordshire) (Con)
The Minister did not answer the question that the shadow Foreign Secretary asked, but it is inconceivable that Foreign Office Ministers will not have had discussions with their American counterparts about this issue over the last week. Can the Minister tell us whether it is still the Government’s position that US opposition to the treaty is purely about Greenland?
Stephen Doughty
As I have said many times, we continue to engage with the United States every day, as we have throughout the process, and that will continue.
Dr Luke Evans (Hinckley and Bosworth) (Con)
It is a surprise to see the Minister so ratty and full of bluster, so I am going to ask him a technical question that I would appreciate his answer to. We have talked about the 1966 UK-US exchange of notes; the question is whether the Government can go ahead with the Chagos deal without the US. Where do the Government stand? Does the deal have to have the US’s blessing, or can the Government do it without that blessing, and with no change or negotiation of the 1966 contract?
Stephen Doughty
Again, I am slightly baffled by the question, because I answered it right at the beginning when the shadow Foreign Secretary asked me. I will read out my answer again. I said that we had been consistently clear that before the UK can ratify the treaty, we will need to do the following: pass primary and secondary legislation; update the UK-US agreement—the exchange of notes; and put in place arrangements on the environment, maritime security and migration. Indeed, that was very much the tenor of the answer that was given to Lord Callanan in the other place.
Ben Obese-Jecty (Huntingdon) (Con)
Last week we had a discussion about the cost of this deal, and I asked the Minister whether he would confirm the figure of £34.7 billion from the Government Actuary’s Department. He did not give me a direct answer, but later in the debate he confirmed that it was a nominal amount, not adjusted for inflation or the social time preference rate. With that in mind, will the Minister give the House the most accurate assessment he can of the true figure for the total cost of the deal, adjusted for inflation and the social time preference rate?
Stephen Doughty
The hon. Member asks an important question. The Government were clear about the forecast costs when they signed the deal, which were that the average cost per year was £101 million and the net present value was £3.4 billion. As I made clear the other day, forecast costs are, of course, forecasts; we expect any number to change over time, in particular to reflect things such as the Office for Budget Responsibility forecast inflation rate, which was updated in November 2025. I mentioned that the Treasury was updating the methodology for the social time preference rate. We are not going to keep recalculating every day, but at the time when the treaty was published we were very clear and gave a lot of information; we have given answers on this issue on many occasions and will continue to keep the House updated in the usual way.
David Reed (Exmouth and Exeter East) (Con)
The former Foreign Secretary said very explicitly last year that if the United States does not like this deal, it will not go ahead. The US does not like this deal; it has been very explicit on that. Can the Minister tell us whether the now Deputy Prime Minister was telling the truth when he made those comments?
Stephen Doughty
We have been very clear that the agreement we have struck is vital for protecting our national security and guaranteeing the long-term future of this vital base for both the United Kingdom and the United States, which had been under threat. I have referenced the many comments from across the United States Administration. We continue to engage with the United States every day, making clear the very important parts of the deal that protect its security and ours, and we will continue to have such conversations.
Jim Allister (North Antrim) (TUV)
I hold in my hand the explanatory notes that accompany the Bill. There are extensive sections on historical background and legal background. Nowhere within those sections is there any reference to the 1966 treaty. Why is that? I have two specific questions for the Minister. First, does he accept that the 1966 treaty—or notes, as he calls it—is extant? Secondly, is it capable of being altered unilaterally?
Stephen Doughty
Of course it is extant, Mr Speaker. It is an arrangement between ourselves and the United States. It has been updated on a number of occasions, which I have listed. As I have said, we have been clear that before the UK can ratify the treaty, we will need to do the following: pass primary and secondary legislation, update the UK-US agreement, and put in place arrangements on the environment, maritime security and migration. I am staggered that some on the Opposition Benches have only just clocked this; we have been aware of it and we engage with the United States every single day. That was made clear even before Christmas to the noble Lord Callanan in response to the question he asked my noble Friend Baroness Chapman. Again, this deal secures the base for the operations of ourselves and the United States, and we will continue to engage with the United States on a daily basis on it.
Jim Shannon (Strangford) (DUP)
I thank the Minister for his answers. He and I share concerns on the issue on human rights, and I want to ask a question about that. As the chairperson of the all-party parliamentary group for international freedom of religion or belief, I am very aware of the human rights concerns that exist, including on the repression of personal expression, and reports of concerns for the rights of children and minorities. This leads me to again ask the Government to reconsider their strategy, not simply because our national security is at risk, the partnership with our closest allies is being strained and Chagossian citizens are expressing their opposition, but owing to the fact that we are handing over these people to be ruled under a cloud. Will the Minister confirm that the Government have fully considered the human rights concerns involving the Mauritian Government and are content to continue despite those worrying reports?
Stephen Doughty
As always, I have deep respect for the issues the hon. Gentleman raises in this place, particularly when it comes to individuals’ human rights and liberties. We have engaged extensively with the Chagossian communities and have heard a range of views. There are a number of groups that are very strongly in favour of this deal and some that are opposed to it. I respect that; there will always be disagreements on this issue. We have worked very closely to ensure that their needs are at the heart of this deal, whether that is through the trust fund or the clarificatory statements we have been able to secure from the Mauritian Government on the way the trust fund will operate to support Chagossian communities here. The hon. Gentleman can absolutely be assured that I remain seized of these issues, as do other Ministers, and they will continue to form a part of our engagement as the deal goes forward.