Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Lord Purvis of Tweed and Lord Kerr of Kinlochard

Report stage
Monday 5th January 2026 Lords Chamber

[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.

[Lord Kerr of Kinlochard (CB)]

Before the noble Lord sits down, could he help me interpret Amendments 19 and 33? Amendment 33 would not delay ratification of the treaty. Its wording is a little odd in places. When we talk about self-determination, we are dealing with concepts, not chaps, so subsection (5) of the proposed new clause should refer to “principles” rather than “principals”. In proposed new subsection (5)(b), working out the difference between the “operation in” and the “opportunities of working in” Diego Garcia is a little complex. I think we are talking about jobs on the base, which could be expressed more clearly.

I see nothing in principle against Amendment 33. But I pause at Amendment 19, because under it, as I read it, ratification would have to be delayed until the referendum called for in Amendment 33 had been carried out. If that is the case, I cannot support it.

[Lord Purvis of Tweed (LD)]

I accept the admonishment with regard to the spelling and drafting. I cannot blame the clerks for that; it is my fault. If, in proposed new subsection (5)(b), “participation in the operation in” and “opportunities of working in” Diego Garcia means jobs, I accept that also.

Recognising that the treaty is some distance from being ratified anyway, I strongly believe that other elements need to be in place, in agreement with the Government of Mauritius, before it is ratified. These measures are some of the elements that should be put in place before the treaty is ratified. We will discuss other elements in considering later groups, but between now and ratification, extra measures should be put in place to ensure that the consent of the Chagossian community is given and that their rights are underpinned by statute.