British Indian Ocean Territory: Negotiations

Lord Purvis of Tweed Excerpts

Wednesday 9th October 2024 Lords Chamber

[Lord Callanan (Con)]

My Lords, the transfer of the British Indian Ocean Territory to Mauritius is a shameful day for our country. My noble friend Lord Blencathra, president of the Conservative Friends of Overseas Territories, wrote in the Daily Telegraph that this deal is “shoddy and short-sighted”,

“ignores the interests and wishes of the Chagossian people”,

has caused concern among the other overseas territories, and has

“learnt none of the lessons from Hong Kong”.

I could put it no better than my noble friend, and I echo his sentiments. Moreover, this transfer will cost the British taxpayer money and will threaten our national security. It is essential that Parliament has a vote on this matter.

On Monday, the Foreign Secretary said in the House of Commons that a Bill will be put to Parliament on this matter. However, later, in questioning, the Foreign Secretary seemed to suggest that this was a matter which did not need to be scrutinised by Parliament. After that, the noble Baroness said yesterday, during responses to an Oral Question, that there would be a treaty and amendable primary legislation on this deal. Therefore, does the noble Baroness agree that this is a matter for parliamentarians to debate? Can she confirm that noble Lords will have the opportunity to scrutinise and vote on such legislation before any final decision is made?

Given that the Government have stated that they will pay money to Mauritius under the deal, this is a matter that also concerns the British taxpayer. Yesterday, in response to a question from my noble friend Lady Sugg, the Minister stated that His Majesty’s Government never disclose the cost of sovereign military bases. A little scrutiny via a well-known internet search engine proves this statement not to be entirely accurate. For example, the Ministry of Defence has disclosed that for the sovereign military bases in Cyprus it costs £256 million a year to manage those facilities. Can the Minister give us some indication as to whether this deal will cost the taxpayer an equivalent sum of money?

In addition, yesterday, in the Daily Telegraph, an FCDO spokesman said that there would be

“UK funding to support Chagossian communities in Mauritius”.

If that statement is correct, surely the Minister should be able to disclose the cost, as presumably that money would be international aid and not under the Ministry of Defence’s remit. Can the Minister clarify this point, tell us who is correct, and perhaps tell the House how much that part of the deal will cost the British taxpayer?

This is the second great betrayal of the Chagossian people under a Labour Government. In 1967, Harold Wilson’s Government forcibly evicted the Chagossian people from their homes. Now, in 2024, the Chagossians, who have had no say in these negotiations, have been handed over to a foreign power that is in many ways very different from their culture and lifestyles. The Minister said yesterday that the Chagossian people would have

“the right to visit Diego Garcia”—[Official Report, 8/10/24; col. 1909.]

under this agreement. Can she confirm exactly how this would take place without compromising the military base and whether our allies in the US are aware of the commitment that she gave?

Chagossian Voices, which represents the Chagossian community in the UK and elsewhere, has said that Chagossians have been “consistently and deliberately ignored” and now feel “powerless and voiceless”. Peter Lamb, the Labour MP for Crawley, said that the decision was “very disappointing”, as Chagossians had been “let down again”. He said that, in the past 16 years, he had not heard “a single voice” in his local community saying that they wanted the islands to go to Mauritius. Can the Minister explain on what grounds this decision has been taken? Can she also explain whether this was a decision taken under international law and in what respect it reflects the self-determination of the Chagossian people?

We live in a world that is more dangerous than ever. There is war in Europe and the situation in the Middle East is escalating. This House knows all too well what threats the Chinese state poses to British democracy. Can the Minister tell us why this important and strategic British territory has been handed over to an ally of China? I am sure the House will agree that the noble Lord, Lord West of Spithead, who I am pleased to see in his place, is one of the most respected Labour voices on defence in this place. He wrote for Policy Exchange that

“the Chinese are pushing Mauritius to claim Diego Garcia and that China wants access to and control of the port and airfield facilities”.

This would be clearly unacceptable and would violate British interests.

Given that there was no pressing need to conclude this deal, why was it suddenly rushed through? The Government have said that there will be a 99-year lease on the base in Diego Garcia, with a right of renewal. Is this an absolute right to renew the lease or a right to request a renewal of the lease? Those are two very different things.

In summary, this agreement damages our national security, it does not fulfil the wishes of the Chagossian people and it will come at potentially great cost to the taxpayer. The Government still have many questions to answer on this shoddy deal and the Minister can be assured that we will return to it.

[Lord Purvis of Tweed (LD)]

My Lords, these Benches believe that the UK has a very special responsibility for the overseas territories and the people who live within them. There should be a fundamental principle that nothing should be decided about them without them. Their participation, and ultimately their consent, is of the greatest importance. I hope that the Minister will agree with that.

It has been interesting to see this suddenly becoming a highly party-political issue. The overseas territories and their sovereignty were not part of a negotiating mandate with the European Union after Brexit, for example. The noble Lord, Lord Callanan, was the Minister at the time. When it came to consideration for the overseas territories and their sovereignty in our key relationship with the European Union, the Falkland Islands were excluded. That has meant that they have been paying £15 million in tariffs to land fishing, critical for not only the economy but the sustainability and the sovereignty of the islands. Therefore, some vessels from the Falkland Islands have to be flagged as Spanish in order to access the single market, something that my party leader, Sir Ed Davey, challenged the Prime Minister on. I hope that we can correct this as a result of the previous Government’s omission with the OTs.

On Gibraltar, the prospect of the EU frontier force, FRONTEX, being at the border entry point into the United Kingdom is a result of the previous Government not including sovereignty of the OTs as part of a negotiation mandate. Both the Falkland Islands Government and the Gibraltar Government warned the previous Government of the consequences, and now this Government have to correct those errors.

The noble Baroness, Lady Sugg, said yesterday that the issue of the Chagos Islands’ sovereignty was a non-starter. It apparently took 11 rounds of negotiations for the previous Government to decide that it was a non-starter before the general election. A cynic might think that the previous Government knew that there would have to be some tough decisions on the Falklands for fishing, Gibraltar for EU security and Chagos for international law and thought that this was probably best left to their successors in government.

The Minister said yesterday in response to my question that there was not one Chagossian voice. If that were the case, the need for their participation and consent in the process going forward is critical. The House is well aware of my views on the deficiencies of the Constitutional Reform and Governance Act on treaty ratification in previous times. Labour, in opposition, had supported calls for resolutions on potential treaty areas which were of concern for human rights. The previous Government resisted this; I welcome the U-turn of the Conservative Party in now calling for a resolution on a treaty. I tried 17 times to call for Motions on treaties, which were resisted by the previous Government, so I hope that there will be consensus on this.

Perhaps the Minister will respond to some specific points. First, how will the financing with regard to the Chagossians’ relocation work, and what will be the timetable? How will location and relocation mechanisms be put in place and over what timeframe? Finally, regarding the Minister’s reply to me yesterday on primary legislation, what is the extent of that legislation, and will the Government commit to ensuring that the Long Title is sufficiently flexible for there to be scrutiny of the wider impacts? Of course there are geopolitical impacts; therefore, the timing of this decision, the treaty and the legislation, linked with the strategic defence review, are critical, as well as the ability for Parliament to resolve that the voice of the Chagossians will be heard and that consent will be a critical part of it.

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

My Lords, I am grateful to the noble Lords, Lord Purvis of Tweed and Lord Callanan, for their remarks. The noble Lord, Lord Callanan, asked me to clarify who is right—me or the Foreign Secretary. All I can say is that it certainly is not the noble Lord. I am surprised at the lack of background work that he has been able to do on this topic between yesterday and today, because a few things in his contribution were factually incorrect.

On the reaction of the Americans, President Biden has applauded the statement that we made; he calls the agreement “historic” and says that it

“secures the effective operation of the joint facility on Diego Garcia into the next century”.

I would rather take his assessment of the deal that we have just done than that of the noble Lord, Lord Callanan —with all respect.

On parliamentary scrutiny, as I tried to outline yesterday, but obviously in the context of a Question I perhaps could have gone further, there will be the CRaG process to which the noble Lord, Lord Purvis, referred. There will also be primary legislation, and this will be implementing legislation. I do not know what the Long Title of that legislation will be, but I take on board the comments from the noble Lord, Lord Purvis—but that will be to amend other legislation, which we need to do to implement the treaty. There will be an opportunity between signing and ratifying the treaty for both Houses to debate it.

On funding, we do not disclose the costs of bases overseas. One of the researchers of the noble Lord, Lord Callanan, has found that there are some costings from the MoD on the sovereign base in Cyprus. There are many costs of running a base, but we do not pay for the privilege of running the base in Cyprus—the noble Lord ought to know this. There are additional costs around facilities and other things that we will be able to share, including on the base in Diego Garcia, but the basing costs that we will pay to Mauritius are completely separate. We do not disclose them, and we will not be disclosing them.

The issue of China came up yesterday. I am very sad about this, because when we were in opposition, we took great pride in how we approached issues of foreign policy. There were opportunities to make mischief, but we stood shoulder to shoulder with the Government whenever we could, and it saddens me that in the context of a Conservative leadership contest the opportunity is taken to play fast and loose, to play political games, on some of these issues. Not every concern that is raised falls into that category, but unfortunately some of them have.

Mauritius is not, as some in the Conservative Party have suggested, in hoc to China. It is not part of the belt and road initiative; it is one of only two African countries not to be. It is an ally of India, and India too, as well as the African Union, has welcomed the clarity that this deal provides. The Foreign Secretary will make further announcements on the financial support for Chagossians, which noble Lords were quite right to ask about, when the treaty is signed. That is an important element; it is not about the treaty—it is something that the UK is deciding to do, because they have been shockingly treated for many decades. The sad truth—and this is not something that any of us in this Chamber will be pleased to know—is that those islands are uninhabited but for the military personnel, and in that situation the right to self-determination enjoyed by the Falkland Islanders and Gibraltarians is very different. The circumstances that have led to this are sad and shameful, but that is the situation in which we find ourselves today.

I am very happy to take any questions on this matter, but it is important that we stay focused on the primary purpose of this negotiation—that is, the same thing that drove the last Government to have 11 rounds of negotiation—which is to secure this base, which is really important for security in the Indian Ocean. That is the motivation; it is why we wanted to get the deal done, and it is why the Americans are so pleased that it has been done.