Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Baroness Chapman of Darlington and Baroness Hoey

Committee stage
Tuesday 25th November 2025 Lords Chamber

[Baroness Hoey (Non-Afl)]

My Lords, I will speak to my Amendment 36, which, as the noble Lord mentioned, relates to asylum seekers who arrive on Diego Garcia, or anywhere on the Chagos Islands. Its purpose is very simple: it ensures that, if any person fleeing danger or persecution lands on those shores, they will not be subjected to unlawful detention, denial of due process, or the kinds of conditions that a British judge has already found to be in breach of international law.

I got a very nice personal letter from a native Chagossian, saying:

“We were exiled from our islands once, but we must not watch new injustice happen on our shores again. Anyone who arrives in our homeland must be treated with dignity. No one should suffer in the Chagos as we once did … As a native islander, I insist that any asylum seeker reaching the Chagos must have their rights respected. We were once denied justice. We cannot allow injustice to happen again in our name”.


Of course, the background has already been mentioned by the noble Lord, Lord Callanan—that in late 2021 more than 60 Sri Lankan Tamils were intercepted at sea and brought to Diego Garcia after their vessel was found in distress. Those individuals, many of whom intended to seek asylum in Canada, were accommodated for almost three years in a fenced compound on the island. This was not a temporary holding area; it became a long-term camp. The conditions are a matter of judicial record. The British Indian Ocean Territory Supreme Court found that the asylum seekers were effectively held in unlawful detention. The acting judge described the camp as

“a prison in all but name”

and said it was unsurprising that the individuals felt they were being punished. Evidence presented to the court documented leaking tents, rodent infestation, extreme heat, restricted movement, repeated incidents of self-harm and at least one mass suicide attempt. Some were warned that leaving the compound would expose them to the risk of being shot on security grounds. Those words are not mine—they were the court’s findings.

We also now know, again from the court’s judgment, that progress on their protection claims was impeded because of political factors, including concerns within the Home Office about the Government’s Rwanda policy. Rwanda seems to get mentioned everywhere. The effect of that delay was that these individuals were kept in a camp, in extreme conditions, for far longer than should ever have been contemplated. Most have now been brought to the United Kingdom, as has been said. I think that my noble and learned friend Lord Hermer was involved in that before he became Attorney-General. The Government described this as a one-off transfer and said that Diego Garcia would not be used again for long-term processing, but it remains the case that nothing in statute today prevents a future commissioner, Minister or Government using the islands in exactly the same way, should another vessel arrive. That is why this amendment is necessary; it gives effect to what the United Kingdom is already legally bound to do and ensures that any transfer to Mauritius or any other state happens only under an agreement that guarantees humane treatment, full rights of appeal and compliance with international law. These are not new standards; they are the minimum standards that the United Kingdom already owes to any asylum seeker, regardless of geography.

This amendment also speaks to something deeply felt by the Chagossians. The Chagossian people know what it is to be held without rights; they know what it is to have decisions made about their lives thousands of miles away; and they know what it is to be told they have no voice in decisions taken on their own islands. They have told us repeatedly that they do not want Diego Garcia, or any part of the Chagos Archipelago, to become a place where other vulnerable people suffer in silence.

There is also a simple and moral point. The only civilians permitted to remain long-term on the islands in the past decade were not the native Chagossians but asylum seekers confined in a manner that a British judge found to be unlawful. That fact alone should give the Committee pause for reflection. It was perfectly okay for asylum seekers to be on Diego Garcia but not the original Chagos people.

This amendment seeks to ensure that asylum seekers under Mauritian jurisdiction must have binding guarantees for monitoring, appeal rights, independent oversight and humanitarian standards. The Chagossian community has raised serious concerns about the treatment of vulnerable people already in Mauritius. These concerns cannot be dismissed and certainly cannot be ignored. The Government now intend that asylum seekers arriving in Chagos should be sent there.

This amendment does not oppose the transfer of asylum seekers. It does not dictate the policy of future Governments; it simply ensures that the mistakes made between 2021 and 2024 can never be repeated on British responsibility. It ensures that any person arriving on those islands is processed humanely, lawfully and with respect for their basic rights. For the Chagossians, who were themselves displaced without rights, this is not an abstract principle. It is an affirmation that the islands they still regard as home will not again be a theatre for human suffering. It is a modest and necessary amendment, which is fully consistent with our international obligations and our national values. I therefore commend it to the Committee and urge noble Lords to support it.

[Baroness Chapman of Darlington (Lab)]

My Lords, Amendments 19 and 27 from the noble Lords, Lord Callanan and Lord Lilley, now in his place, seek to ensure that Mauritius will be responsible for any illegal migrants who may arrive at Diego Garcia. These are important amendments, and it is helpful that they have been tabled to allow us to clarify this point. I can reassure both noble Lords that the treaty already ensures Mauritian responsibility and closes a potential—as they correctly identify—illegal migration route to the UK. Mauritius, as the sovereign state and as specifically referenced under Annex 2 of the treaty, has jurisdiction over irregular migration to the Chagos Archipelago, including Diego Garcia.

To the extent that the noble Lords, Lord Callanan and Lord Lilley, through their amendments are seeking clarity on the arrangements with Mauritius to put that responsibility into practice, I can assure them that the UK Government are already in the process of agreeing with Mauritius the separate arrangements referenced in Annex 2 paragraph 10 of the treaty, to assist and facilitate in that exercise of Mauritian jurisdiction. These are ongoing negotiations on which I will not provide a running commentary; suffice to say that there will be no need to force the Government to provide a report on the negotiations.

Amendment 36 from the noble Baroness, Lady Hoey, is another helpful amendment. It seeks to ensure that any arrangement entered into with Mauritius regarding migrants ensures the humane treatment, full rights of appeal and compliance with international law of any asylum seeker or refugee. It is an important amendment, and I can confirm that the Government will, of course, ensure that any arrangement we enter into will comply with applicable international law and our domestic obligations. For that reason, I think that the amendment is unnecessary, but I thank her for tabling it and allowing us to make that clear. I hope that noble Lords will not press their amendments.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Baroness Chapman of Darlington and Baroness Hoey

Committee stage
Tuesday 25th November 2025 Lords Chamber

[Baroness Hoey (Non-Afl)]

Will the Minister just give me a short, simple answer to why the United Kingdom Government will not recognise the Chagossian people as an indigenous people?

[Baroness Chapman of Darlington (Lab)]

The legal situation is as I have described. The noble Baroness may wish that that were not the case, but the legal position is as it is, and the Government do not intend to amend the Bill in order to change that legal position.

--- Later in debate ---

[Baroness Chapman of Darlington (Lab)]

My Lords, I have said repeatedly throughout these deliberations that the Government are very interested in thinking about different ways of working alongside the Chagossian community on these issues. That applies to Amendment 47 as well.

The noble Baroness, Lady Hoey, asks the Government in her amendment to produce a report consisting of a demographic study of the Chagossian community. I am going to have to disappoint her this evening. It will not be possible to produce a useful report, at a cost to taxpayers, in time for it to do anything of consequence alongside this treaty. It is not a bad idea to have a report such as this, for many of the reasons that have been described. I would not be against it. What I am saying is that the responsibility for conducting the study does not belong in this Bill, but that does not mean it is a bad thing to do in principle. The noble Baroness will know, as we have heard most recently from the noble Earl, Lord Leicester, about the IDRC leading a report into the Chagossians, which I hope will be published soon. I hope that all these things will help to mitigate some of the noble Baroness’s concerns.

I saw that Jeremy Corbyn had also written to the noble Lord, Lord De Mauley, wo chairs the IRDC, which is responsible for the survey. It is not something that the Government are responsible for. We are looking forward to the results. We were asked what weight we put on the survey. It is for the committee to determine that. I am sure that it will take on board the comments that have been made by those who are concerned about how the survey has been conducted. I know that some Chagossians would be completely unable to access a survey such as this, for reasons of literacy or access to the means by which the survey is being conducted. I am sure that the committee will want to reflect on that. We certainly will when we receive its report. I look forward to it and hope that it is useful in assisting us to understand the complexity of opinion that exists within Chagossian communities.

On the substantive point that the noble Baroness raises, such a piece of work may well be useful, but I am not able this evening to commit the Government to commissioning it. With that, I hope that noble Lords will not press their amendments.

[Baroness Hoey (Non-Afl)]

My Lords, I thank the Minister for that rather thoughtful answer. I note that she did not rule out what I said—that the Americans would still be seeing uncertainty in the future. I think that we will see that whatever happens in this Bill. I beg leave to withdraw my amendment.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Baroness Chapman of Darlington and Baroness Hoey

Committee stage
Tuesday 18th November 2025 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

I have not given way; I have had enough of this. The noble Lord should probably write to me and explain his question, because we are clearly not getting very far with this. If the noble Baroness on the Back Bench wants to have a go and puts it in a different way, I would be very happy to try to answer.

[Baroness Hoey (Non-Afl)]

The Minister wants this in writing, but unless I am particularly stupid, I thought it was a very simple question.

[Baroness Chapman of Darlington (Lab)]

The question was: how much is going to be from the ODA budget? I have answered that, and I do not know how to answer that any more clearly. As for how much comes from the FCDO and how much from the MoD, the Treasury will allocate us different amounts of money for different things. I do not quite understand why that makes a difference to the noble Lord—

--- Later in debate ---

[Baroness Chapman of Darlington (Lab)]

Okay, I will see whether we can get that. I do not know that that will be consistent over time, and I do not know whether the Treasury will want to be making that clear from now on. The MoD is deciding to buy itself some capability with this money. It is a significant investment, but it is not beyond the realms of what the MoD would spend on a capability such as this. That is my understanding. Exactly how much comes from each department will be published as we go along, because these things are published in the ordinary run of things.

The confusion in my mind comes from the interchangeable use of “ODA” and “FCDO”, and they are clearly different things. I look after the ODA budget, but the FCDO spends an awful lot more than just ODA. The MoD spends the ODA, too, as does DESNZ, the Department of Health, Defra and many other departments. Does this help noble Lords? Are we getting somewhere?

On Amendments 70, 74 and 75, all tabled by the noble Lord, Lord Callanan, I repeat that Parliament has already agreed the principles of the treaty and has not decided to vote against ratification. Any requirement for further approval from Parliament for the payments ignores the thorough and correct process that the treaty and Bill have already gone through and risks undermining the treaty, since non-payment by the UK is a ground for termination.

Regarding Amendment 74, I reassure noble Lords that there are no impacts on the cost of running the base from Article 10. This article pertains to the normal contractual arrangements, with any preference being to the maximum extent practicable and consistent with existing policies, requirements, laws and regulations.

Finally, regarding Amendment 75, I remind noble Lords that an annual payment to Mauritius is a fundamental part of the agreement, and this principle, and the amounts of those payments, were published in full on the day of treaty signature. I hope that in the light of this, the noble Lord will withdraw his amendment.

[Baroness Hoey (Non-Afl)]

I asked the Minister a specific question about whether His Majesty’s Government knew about India and Mauritius. Did they know or not?

[Baroness Chapman of Darlington (Lab)]

Of course we knew. My understanding is that this pre-dated negotiations and refers to something on the island of Mauritius itself. if I am wrong about that, I will correct the record and inform the noble Baroness.

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[Baroness Hoey (Non-Afl)]

Our Governments over the past 30 or 40 years refused to allow the Chagossians to go back. Why does the Minister think the Mauritian Government will ever allow them? What if they say, “Absolutely no”. Have we any say? Can we do anything?

[Baroness Chapman of Darlington (Lab)]

It is for the Mauritian Government to make that decision. I understand the noble Baroness’s scepticism, especially given our reluctance to undertake this. To serve citizens living in such a remote place with so few services is a considerable thing to do, which is why we are very careful and mindful of the warnings that we have heard about not wanting to give false hope or a false impression, or to make this sound straightforward. That guides us all in our discussions. It is, of course, an incredibly difficult prospect and very expensive. There is the trust fund. I do not know how that would operate and whether it would enable some of this to happen. This is for the Government of Mauritius to determine; we are completely clear about that. The noble Baroness might not wish that to be so, but I point out that the UK Government, for over 50 years, have made it absolutely clear that we would not facilitate return to the islands, for security and financial reasons.

On Amendment 72, it is important that negotiations between the UK and Mauritius on this matter—which I completely accept is sensitive—can take place in confidence. Publishing the records of confidential negotiations such as this would be damaging to trust in the UK keeping matters confidential in the future. That relates not just to our negotiations with Mauritius; it would obviously relate to the prospect of our negotiations with other states on other equally or more sensitive matters. With that, I ask the noble Lord to consider withdrawing his amendment.

Ukraine: Frozen Russian Assets

Debate between Baroness Chapman of Darlington and Baroness Hoey

Wednesday 26th February 2025 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

That is such an important point. Often, when we talk about reconstruction, we are talking about airfields, roads and railway tracks. The cultural assets of a country that has been under such threat as Ukraine has experienced are so important in rebuilding that sense of identity—the Ukrainian sense of self and confidence—and in the message that that sends. We will do everything we can to support Ukraine in that, as we have said, in our 100-year partnership. On whether those assets can be used, the same argument applies that applies to any other form of reconstruction, and it must be done legally and correctly, in accordance with law.

[Baroness Hoey (Non-Afl)]

My Lords, the Minister will know that there are millions of pounds of frozen Libyan assets in London, and that there has been a long campaign by victims of Libyan Semtex supplied to the IRA for compensation through that. Will she look again at this? Other countries have managed to get the compensation. Will she also please put into the public domain the Shawcross report, which we are all waiting to see and which looked into this whole issue?

[Baroness Chapman of Darlington (Lab)]

The point about doing this legally applies equally in every situation. I will look into the question the noble Baroness raises about the Shawcross report, but I want to be completely clear that we are examining all legal routes available to us in order to get the money that should rightfully be spent on reconstructing Ukraine.

China: Human Rights and Sanctions

Debate between Baroness Chapman of Darlington and Baroness Hoey

Tuesday 29th October 2024 Lords Chamber

[Baroness Hoey (Non-Afl)]

My Lords, did the Foreign Secretary raise the appalling treatment of Tibetans, particularly the sacrilege by which some of their wonderfully famous and sacred sites are being destroyed? If this was raised, does the Minister know the answer?

[Baroness Chapman of Darlington (Lab)]

I am frantically looking through the read-out of the exchange to see a reference to Tibet. I assure the noble Baroness that the Foreign Secretary raised a number of foreign policy and security matters, particularly issues around human rights. As she would expect, you do not get an instant result in these sorts of exchanges—diplomacy is about consistency and it takes time. But we are now in a period where we want a consistent, stable and pragmatic relationship. For 14 years, the relationship has blown hot and cold, and we have not had that stability and consistency. So that is the approach we will see from this Government.

Somaliland

Debate between Baroness Chapman of Darlington and Baroness Hoey

Thursday 10th October 2024 Lords Chamber

[Baroness Hoey]

To ask His Majesty’s Government what consideration they are giving to recognising Somaliland as an independent nation.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)]

My Lords, the UK, alongside others in the international community, does not recognise Somaliland’s unilateral declaration of independence. The settlement of Somaliland’s status is an issue for Somalia, including Somaliland, to decide through a consultative process and dialogue.

[Baroness Hoey (Non-Afl)]

My Lords, I thank the Minister for that Answer, but does she realise that since 1991 Somaliland has had six democratic elections, observes the rule of law, has religious tolerance and is a haven of piece in that awful area of the Horn of Africa? Why will His Majesty’s Government not recognise that we must support and encourage democracy around the world, particularly in Africa where we give money to some appalling regimes such as Zimbabwe? Surely this is a time for the Government to face up to the fact that, like other countries, such as France, we should recognise Somaliland now.

[Baroness Chapman of Darlington (Lab)]

My Lords, the noble Baroness is right in her strong support for Somaliland, but that does not change our position on the question of recognition of Somaliland as an independent state. She is right, and we have a very long-standing and deep relationship with Somaliland, not least because of the large number of Somalis living here in the UK, but also our support for the port there, for health, education, security and in many other ways. We are very pleased to continue that relationship.