Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Baroness Foster of Aghadrumsee and Lord Purvis of Tweed

Report stage
Monday 5th January 2026 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, it is always informative to follow the noble Lord, apart from when he is having his witty barbs against my party, which is often the case. He made a very strong case today, and I hope that he may feel that his points are reflected in part of the text in my Amendment 33.

This has been an important debate and group. Since we are on Report, I will simply focus on the amendments that I have tabled: Amendment 19 and then, although it will be considered consequential, the more substantive Amendment 33. I am aware that for the noble Baronesses, Lady Hoey and Lady Foster, Amendment 33 will be a bird in one hand and half a loaf in the other, but nevertheless I am grateful for their prospective support. I give notice that I will likely test the opinion of the House on Amendment 19, and I understand that the Government have indicated that, if Amendment 19 is supported, Amendment 33 will be considered consequential. For the avoidance of doubt—and I know it is disappointing to the noble Baroness—we cannot support Amendment 33A, as that change would, in effect, link the arguments in my amendment with those on Amendment 32, which I will outline a little bit further.

The House has heard me on many occasions refer to the lack of legislative guarantees of the rights of the Chagossian community, including those that the noble Lord, Lord Grocott, has indicated with regard to the right of participation within Diego Garcia in particular, as well as resettlement into the wider archipelago. Because we are on Report, I will not rehearse the arguments I have previously made, but my amendments seek to resolve this as best as I have been able to draft. I hope that the Government will, even at this stage, reconsider and support them.

Amendment 33 states that, to address the lack of definitive legal right enshrined in statute in Mauritius law and acknowledged in the UK, we need formally to seek the views of the Chagossian community on whether they are willing to consent to the terms of the implementation of the treaty rights, which so far are only permissive in nature within the treaty—that is the essence if we are talking about self-determination. There is no point simply referencing self-determination if there are no legal rights to back it up, and that is the essence of what I am seeking to achieve. That would include the resettlement to the archipelago, distinct from Diego Garcia, the right of participation in opportunities of working in Diego Garcia and statutory involvement in the decision-making of the trust fund for their overall rights as the treaty is implemented.

Amendment 32 in the name of noble Baroness, Lady Foster, has some issues. She spoke with sincerity today, as she has in Committee and all the times we have raised these matters. First, I understand the views and political arguments of the Conservative Benches in support of her amendment, but the amendment would overturn a century of long-standing convention on those Benches that Parliament should not retrospectively fetter the prerogative powers of treaty making. That is not necessarily the view of our Benches, but it is certainly the view of their Benches; this amendment would overturn that. I understand that is the deliberate process, but that is the consequence of what voting for it would bring about. It is an interesting and novel constitutional approach, but one where the consequence is worth recognising. Indeed, that was the point that the noble Lord, Lord Kerr, referred to earlier in his remarks.

Another issue is that, although the noble Baroness, Lady Foster, and the noble Lords, Lord Morrow and Lord McCrae, spoke very strong, powerful, emotive words with regard to the right to self-determination, what they are proposing would be a limited right, because that limited right of self-determination is not about the ability to decide the future of Diego Garcia and the military base. The Official Opposition have indicated that it is non-negotiable that Diego Garcia will be retained in perpetuity as a military base. That is not a decision that has been made with the consent of the Chagossian people about what their territory would be used for. That is a predetermined decision. They have stated that today, and they stated it as recently as April 2024 in the letter from the Foreign Secretary, the noble Lord, Lord Cameron, to the Foreign Affairs Committee in the House of Commons. If there is an argument for self-determination and consent, then presumably the argument of those supporting Amendment 32 is that that consent should include the use of Diego Garcia, but that has been precluded or ruled out. I do not see how that squares in that respect because, presumably, if the principled stance is one where only consent should be applied, then it should be applied also for Diego Garcia and the use of the military base.

[Baroness Foster of Aghadrumsee (Non-Afl)]

On what the noble Lord has said, surely limited self-determination is better than no self-determination, which is what is being put forward by the Government. Surely he must be concerned by the United Nations recent report in December last year in relation to the issues that have been stated there.

[Lord Purvis of Tweed (LD)]

I read it carefully and I think my amendment covers the concerns in that committee’s report and the concerns raised in the IRDC. That is why my amendment has been drafted carefully. The noble Baroness is right in indicating that limited self-determination is better than no self-determination. The point is that her amendment does not have any limits to it, and it is her inability to square that aspect that I simply raise as an issue. However, that is, with respect, decisions that she and those that will be supporting it will make. I think it is worth recording that Amendment 32 would not give the Chagossian community the right of self-determination about part of the archipelago. That is worth stating categorically.

Amendment 32 also does not address rights. Indeed, what I feel we should be morally bound to address is the right that has been denied to that community for a long period, which is that of resettlement, and the right to be involved in decisions being taken going forward. We can only correct rights that are in our power to do so, and that would be by securing the consent of the Chagossian community before the treaty is ratified in order to ensure that there is statutory underpinning of the permissive elements of the rights that are in the treaty.

It is worth reflecting on the fact that the only rights that the Chagossian community may potentially have ahead of them are those that are provided for in the treaty. Indeed, the letter that I referred to from the former Foreign Secretary in April 2024 reiterated the previous Government’s view that the right of resettlement would not be accommodated. We are close to having rights enshrined for the Chagossian community for the first time in a very long time, but the treaty only goes as far as giving the potential ability for the Chagossian community if the Mauritian Government choose to do so.

Now that we hand over from our parliamentary processes, these Benches believe that it is correct to make the case that those rights should be underpinned in law, so I respectfully hope that the Government will be able to see this and accept it. If not, I will test the opinion of the House, and I do so respectfully, understanding the sincerity of the arguments being made so far by the noble Baroness, Lady Foster, and others.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Baroness Foster of Aghadrumsee and Lord Purvis of Tweed

Committee stage
Tuesday 18th November 2025 Lords Chamber

[Baroness Foster of Aghadrumsee (Non-Afl)]

Obviously, we are not going to have a vote now, but it would be helpful for those of us who are non-aligned in this House to have more communication than we have had to date in relation to these matters. There seem to be quite a few of us.

[Lord Purvis of Tweed (LD)]

Perhaps I might say to the noble Baroness that communication with regard to the degrouping was not equally applied to all, so I have sympathy with her. Perhaps if we continue with this group now, we might conclude this evening in an amicable way.

Amendment 15