Diego Garcia Military Base and British Indian Ocean Territory Bill

Baroness Hoey Excerpts

Tuesday 18th November 2025 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I will refer to Amendment 24 in my name. I thank the Minister for her gracious remarks earlier in the debate. I can assure the Committee that I will not detain it as long this time. The amendment asks a simple and poignant question. Should the British taxpayer be compelled to fund a treaty that actively undermines our position on the international stage and erodes British sovereignty? I believe the answer is as simple as the question: no.

Article 11 of the treaty places the United Kingdom under financial obligations to Mauritius, including annual payments linked directly to the transfer of sovereignty. We are being asked to underwrite, year after year, a settlement that has not been endorsed by the people most deeply affected. In 2008 the Foreign Affairs Committee noted the “profound poverty” experienced by many Chagossians resettled in Mauritius. The United Kingdom Government have recognised the “hardship and suffering” caused by their displacement in the preceding years.

At a time when families across the United Kingdom are struggling with the cost of living, when public services are stretched and defence spending is under pressure, the Government are willing, and obliged under this treaty, to transfer British funds overseas in exchange for the honour of relinquishing sovereignty over a territory that hosts one of the most strategically important military bases in the world. Why would we pay for an island that we already own?

Without the inclusion of this amendment, we will be in the extraordinary position of financing, on an annual basis, a settlement that ultimately advances arguments that have repeatedly undermined British sovereignty. That is why this amendment is undeniably crucial. It protects not only the taxpayer but the constitutional integrity of this country, as well as relegating the overindulgent aspirations of the Mauritian Government, depriving them of even more British taxpayers’ money.

Let us also consider the native islanders—the Chagos people. Have we ever paused to consider how they might feel as this Parliament considers whether we should pay a foreign Government to take control of a territory in which they have never had a stake, all while ignoring the cry of the Chagos community in the UK?

Beyond that, there is also the question of accountability. Once these payments begin, Parliament loses direct control over how they are to be spent. There is no binding mechanism in the treaty to ensure that the native community will be benefited by these payments in a meaningful way. This arrangement risks repeating the injustice of the past, where funds provided in earlier decades did not reach the displaced communities in Mauritius who were living in poverty. Surely, we must learn from that history and not repeat it. That is essential.

I therefore believe we should not rush into binding financial commitments when so many broader questions remain unresolved—about self-determination, defence co-operation, the protection of strategic assets, and long-term political stability in a region where global competition is increasing and where the UK needs to be assertive and confident. The British taxpayer should not foot the bill for decisions that diminish our sovereignty and overlook the rights of sovereign British citizens. For these reasons, I commend my amendment to the House.

[Baroness Hoey (Non-Afl)]

My Lords, I support the amendments in this group, and I want to speak to my Amendment 23. Before I go into that, the noble Lords, Lord Hannan and Lord McCrea, have put very clearly just how ridiculous it is that we have a territory that is ours and now we are paying to give it away. The whole thing is just such nonsense. I understand, as we all do, the security implications of Diego Garcia, but it is just inexplicable how this could not have been handled differently. Some noble Lords listening to the debate might well be feeling that this is definitely going to end in tears.

It is also very disappointing, particularly for the Chagossians who have sat here all evening—while we had a break as well—to see so few people here. There is one Back-Bencher from the Labour side, one Cross-Bencher, no Lib Dems at all now apart from the Front Bench, and a number—there should have been a few more—from the Conservative side. I am disappointed by that, and a lot of people should feel a little ashamed that those Chagossians have sat here all evening, listening to their future being decided with so few people listening.

My amendment would require the Secretary of State to publish a report assessing the financial implications of the treaty for the United States of America and the United Kingdom, including the effect on NATO spending and the risk of global instability from uncontrolled leasing of islands. One of the main arguments the Government have advanced for the Bill before us—and for the treaty, which will be ratified if this Bill gets Royal Assent—is that the Americans strongly support the treaty and believe it provides the legal certainty they desire. The purpose of Amendment 23 in my name is to probe the downsides, as well as any potential upsides, to ensure that His Majesty’s Government can fully advise the Trump Administration of both.

There are three critical respects in which I do not believe that the Bill and the treaty are in the interests of the United States. Indeed, I would go so far as to say that they are profoundly contrary to the interests of the United States. It is plain, as we saw from the debate earlier, that the treaty will not be able to provide legal certainty, because it is contrary to international law on self-determination and the Ellice Islands precedent. The legal issue is not going to go away, because we will be signing a treaty if this Bill goes through. However, the points that I want to focus on relate to the costs and international peace and stability.

First, we have to make the point about the cost. This represents a huge sum that, if given to the Republic of Mauritius, cannot be spent on UK defence. The key point is that we must assess the benefit arising from the United States not having to pay for the lease of the islands in light of the fact that, under the current arrangements, we do not charge them anything to lease the islands either, and we do not charge ourselves for the islands because, of course, they are held under UK sovereignty.

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[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—

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[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.

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[Lord Lilley (Con)]

I do not know. I am not an official representative of the Conservative Party. I am flattered that the noble Lord thinks I control the Conservative Party in the Commons and in this place. I do not do either. I have not had any ministerial role since about 2000. I may give the impression of having power and influence beyond that which I really do, and I am flattered that he should think so.

I would like to see the Liberal Democrats support us. We know that, if they do, we will win, but they seem unlikely to do so. It is clear that they have done a deal with the Government. They will never defeat the Government on issues of substance because, if they do, they will not get as many peerages as they want next time. Let us be quite clear about this. It is as shoddy as that underneath this, I suspect. I hope I am wrong—I may well be. I often am.

It would be a wonderful thing, and we may be able to achieve something for the Chagossians in the shape of getting an amendment on Report—not now, because we are in Committee—which has the support of a majority in this House. If we carry it out, the odds are that the Chagossian people will declare that they do not want to be incorporated in Mauritius and would prefer to remain citizens of the British Indian Ocean Territory and British subjects. In that case, we should honour and support their decision when it is taken. I look forward to a Damascene conversion by the Liberal party to this amendment.

[Baroness Hoey (Non-Afl)]

My Lords, we are almost having another debate on the referendum, which I spoke to on the original amendment from the noble Lord, Lord Callanan, earlier. The referendum is probably one of the most important aspects of the Bill, because it is fair and needed and the Chagossians really want it. I am not really interested in what the noble Lord, Lord Purvis, said about what happened on the amendment on a referendum in the other place, because it was not in the manifesto. As far as I am concerned, we in this Committee should be able to make up our own minds and should certainly not be stopped from moving amendments to the Bill just because the other place has decided something.

It is so just so antidemocratic. I am amazed that the Labour Back-Benchers are going along with this. They are not here—does that mean that they do not actually support the Bill but are having to be loyal? It is a shocking Bill. As the noble Lord said at the beginning, and as the noble Baroness, Lady Goldie, said at Second Reading, this must rate as the worst Bill that Labour have brought forward—which is quite difficult, as there have been so many awful Bills. They just cannot justify it.

These amendments tonight are very important, and I hope that, when we come back on Report, many more Members will have actually read what has gone on in this debate and recognised that to support a referendum is the right thing to do.

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[Baroness Foster of Aghadrumsee (Non-Afl)]

I note that, in the supplementary Marshalled List of amendments, the noble Lord, Lord Thurlow, has two amendments which pertain to the environment. It would be much better if those were attached to the next grouping. Therefore, I agree with the noble Lord, Lord Callanan, that this is a good point to adjourn.

[Baroness Hoey (Non-Afl)]

My Lords, following on from that, these amendments coming up are on really important environmental issues that the government party says it cares about very much. I know that there may well have been some agreement, but we Back-Benchers who are not in any political party do not get asked about our agreements on anything, so I would formally like to propose that this House do now resume.

[Lord Purvis of Tweed (LD)]

My Lords, degrouping after groups have been published goes against what is clearly in the Companion. It is to be discouraged, as a consequence of the Procedure Committee clearly outlining in 2022 why it is, in effect, a discourtesy to the House. This has happened. Sometimes there are consequences to these discourtesies, which is why the Companion indicates that they should be discouraged, and that is when colleagues are under the understanding that reaching certain target groups will be adhered to. It is up to all colleagues to offer due respect to other colleagues who take part in these groupings, but I have been watching the clock on a number of occasions when colleagues have gone far beyond what is considered a courtesy to the Committee in the Companion. There are consequences to how we conduct our debates; one is that we should adhere to our understanding and consider the next group.

[Baroness Hoey (Non-Afl)]

My Lords, I actually move that this House do now resume.

[The Deputy Chairman of Committees (Viscount Stansgate) (Lab)]

The noble Baroness has moved that the House do now resume. I will take advice as to whether it is debateable. It is debateable, in which case the Motion now stands before the Committee.

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[The Deputy Chairman of Committees (Viscount Stansgate) (Lab)]

My Lords, the Question has been put that the House do now resume. I must now put that Question. I think on a show of voices the Not-Contents have it.

[Baroness Hoey (Non-Afl)]

My Lords, would it be helpful if I move that the House do now adjourn?

[Noble Lords]

No!

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[Baroness Hoey (Non-Afl)]

My Lords, I will speak to Amendments 60, 65 and 68 on the protection and preservation of native and migratory bird species, protection against illegal fishing and, generally, marine conservation. Chagossians support these amendments and want to see His Majesty’s Government implementing them.

First, I will deal with the protection and preservation of native and migratory bird species. Amendment 60 not only represents an environmental concern but a kind of power that, as the indigenous people of the Chagos Islands, they wish to be able to exercise themselves. It sets out the kind of responsible stewardship they want to provide to their own homeland, but the Bill, in Clauses 2 to 4, extinguishes their right to self-government in the islands from which they were forcibly removed by a Labour Government.

The Chagos Archipelago is one of the most important sea bird sanctuaries on earth. It supports some of the largest and least disturbed tropical sea bird colonies remaining anywhere in the world. Scientific surveys by the British Indian Ocean Territory, the Zoological Society and the Chagos Conservation Trust confirm that it holds globally significant populations of species that are in decline elsewhere.

I could go through and name a number of the breeds that are very rare: red-footed boobies breed in very large numbers and tens of thousands of brown noddies, white terns, sooty terns and wedge-tailed shearwaters are nesting successfully nesting on the uninhabited islands that remain free of invasive predators.

Sea birds are not simply wildlife; they are the ecological engine of the entire archipelago. Guano from the large sea bird colonies enriches coastal waters, increasing nitrogen and phosphorus levels that in turn fuel reef productivity. Peer-reviewed research published in Nature shows that reef fish biomass adjacent to healthy seabird colonies can be up to five times higher than the reefs where seabirds have been lost. Protecting seabirds is therefore central to protecting the coral reefs, the lagoon ecosystems and the wider marine food web.

These are not hypothetical risks; they are documented threats to the species of global conservation concern, coming from rats, which can wipe out entire colonies. Light pollution disorientates fledglings. Human disturbance can cause nesting failure. There is a whole range of things. The amendment seeks to create a clear duty to safeguard this irreplaceable natural heritage. It is the kind of environmental care and responsible stewardship that the Chagossians themselves wish to bring to their homeland if they are allowed back and to have self-determination. If this Bill passes in its current form, we will transfer the Chagos Islands to the Republic of Mauritius, a country that is 1,337 miles away and does not even have the capacity, as I said earlier, to reach the islands without assistance from India. We will deny the Chagossian people the opportunity to govern these vital ecological assets. That shows what is at stake. The Chagossian people are asking what needs to be done and what they will lose if we proceed with Clauses 2 to 4. We should not be denying them this as far as the amendment on birds is concerned.

Amendment 65 seeks to introduce a waste management and coastal protection system for the Chagos archipelago. Again, I am sure that noble Lords will agree with this because the ecological consequences are serious and well documented—the risk of ghost nets ensnaring endangered green and hawksbill turtles as well as red-footed boobies, which I have already mentioned, brown noddies and reef sharks. When these nets become caught on the reef crest, they break the coral colonies and accelerate degradation.

It is a most significant protected marine area, covering more than 640,000 square kilometres, including a very large share of the remaining high-quality coral reefs in the Indian Ocean. Seabird-driven nutrient cycles, which sustain high fish biomass on adjacent reefs, are disrupted when plastics and fishing gear interfere with nesting colonies. The Chagossian people know this better than anyone. They have told us that keeping their coastline clean is a matter of identity, stewardship and duty. They want to remove the waste that arrives from other nations and prevent further debris entering their waters. That is an essential part, to them, of caring for their homeland. This amendment is not merely about waste but about justice. It is about whether this House, currently denying the Chagossian people any act of self-determination, will also deny them the ability to protect the beaches, reefs and nesting grounds of their homeland. I hope that this amendment will be supported by noble Lords.

Amendment 68 concerns protection against illegal fishing. It would require the Secretary of State to establish a system of patrols and monitoring to prevent illegal fishing within Chagos territorial waters and the surrounding marine protected areas. It would require the Secretary of State to establish a clear system of patrols and monitoring within the Chagos territorial waters and the surrounding marine protected areas. It is exactly what the Chagossian community have said they would want to do for themselves if Clauses 2 to 4 of this Bill were not going through and the United Kingdom was relinquishing sovereignty. The evidence of illegal fishing in these waters is real and well documented. The Chagos marine protected area spans more than 640,000 square kilometres, an area the size of France. It is formally designated as a fully no-take zone, yet its remoteness has made it a target for illegal, unreported and unregulated fishing. Satellite monitoring, vessel tracking systems and analysis by global monitoring groups such as Global Fishing Watch have on multiple occasions detected foreign longliners operating close to, and in some instances within, the BIOT waters.

Enforcement records maintained by the British Indian Ocean Territory Administration confirm that vessels have been intercepted while illegally targeting tuna, sharks and other species. Past patrols have confiscated shark fins, prohibited gear and long lines, providing clear physical evidence of illegal extraction.

The ecological consequences are profound. Illegal fishing undermines the conservation objectives of one of the world’s most important marine protected areas. Every scientific assessment of Chagos ecosystems concludes that maintaining strong enforcement is essential to preserve its uniquely intact reefs, fish biomass and biodiversity.

There are still many people in the Chagossian community who, from their history and heritage, understand this intimately. They have said that protecting the fish stocks is as important to them as protecting their beaches and nesting sites. They want to be able to participate in patrols to support monitoring and to take responsibility for safeguarding the marine life that their parents and grandparents depended on. They see illegal fishing as a threat not only to biodiversity but to their future ability to sustain themselves when they go back to their islands.

Also, under the United Nations Convention on the Law of the Sea—we have been discussing the advice that it gave—Article 61 requires coastal states to conserve living resources. Article 62 obliges them to ensure proper management and enforcement. Article 73 grants the authority and responsibility to board, inspect, arrest and detain vessels engaged in illegal fishing. The International Tribunal for the Law of the Sea has confirmed that these articles require states to maintain monitoring, to regulate and, crucially, to enforce. At present, there is no statutory duty in domestic law requiring the UK to maintain patrols or monitoring in the BIOT. This amendment would fill that gap and bring legislation into proper alignment with other international obligations, which noble Lords are very keen always to comply with.

The Government may argue that Mauritius can meet these responsibilities after transfer, but the United Kingdom remains the coastal and administrating power today and its treaty obligations exist today. They cannot be satisfied by assuming that another state will meet them.

These are very sensible amendments which, if passed, would at least give the Chagossians the feeling that the United Kingdom cared about the islands overall, about the fishing, the bird life and about the marine life generally. I hope that noble Lords, when they look carefully at this, will actually agree to these amendments. If not, we will bring them back on Report.

[Lord Lilley (Con)]

I had not intended to speak on these amendments because there are other far more qualified people who I thought would do so. I served on your Lordships’ Environment and Climate Change Committee when it produced the report in July 2023 on the biodiversity agreement in Montreal. As I recall, that commitment, the Montreal treaty, requires Britain to protect 30% of its marine areas by 2030; it was called the 30 by 30 agreement. We were very proud, and I think it was mentioned in that report, that the largest single area of sea that was being protected was the British Indian Ocean Territory’s sea. We accepted tacitly that it was Britain’s responsibility to protect that, that it was a very important area of biodiversity for the world as a whole, and that it was our responsibility.

It now seems that we have handed that over to Mauritius, but Mauritius has no means of policing that area. It has no boats or aeroplanes that could cover that distance and that area. I doubt whether we had permanent boats stationed there, but if there were problems we could. We have the capacity to send both sea- and airborne reconnaissance aircraft to make sure that things are being properly respected.

I wonder, therefore, whether this treaty which we are now legislating to implement is not in contravention of our commitments under the Montreal biodiversity treaty. Are we abandoning commitments we made there and leaving them, in effect, unpoliced?

Another treaty was passed which we did not investigate and which was investigated by another committee of this House. I cannot even remember the name of the treaty but it was about areas of the sea which are outside national jurisdiction. It would seem that this now covers the BIOT—or does it? I hope the Minister will tell us which of these two treaties it is covered by. Is it covered by the old one, which we had responsibility for but have now given up, despite our international obligations under international law, which are normally sacrosanct, or is it under another treaty, which means that it is now dealt with as if it is beyond national jurisdiction?

These are clearly very important matters. It is a shame that we are discussing them at this time of night when people far better informed than I, who could bring their expertise and knowledge to bear, are not here. Since they are not here, I am raising these questions and hope that the Minister will be able to respond to them.