Diego Garcia Military Base and British Indian Ocean Territory Bill

Baroness Foster of Aghadrumsee Excerpts

Tuesday 4th November 2025 Lords Chamber

[Baroness Foster of Aghadrumsee (Non-Afl)]

My Lords, I declare my interest as a member of Friends of the British Overseas Territories, and as an adviser. It is with great sadness that I rise to speak to the Bill. Earlier today I spent some time with my friends from the Chagos Islands, and they have often felt ignored by many Governments of different hues but never have they felt as badly treated as by this Government. They have taken court cases to deal with their lack of agency with this Government, as they were left with no other option; indeed, there is a case still before the courts today.

Even at this late stage, if the Government do deign to consult with the Chagos community living here in the UK, it will be a start, at least, to listening to their needs and aspirations, as opposed to them being told what is happening to their homeland through government statements. I was shocked when I was told today by Chagossians living here in the UK—who are British citizens—that, despite repeated requests to meet their Members of Parliament in person, they have been told there is no time. I think that is absolutely wrong, and I hope the Minister will agree that it is wrong. It is anti-democratic, and if we are going to support a government policy, the Government must at least have the wherewithal to meet those affected by that government policy and defend it to them.

Chagossians, I am very pleased to say, have come along today to hear the debate. They are accompanied by colleagues from other overseas territories, because they too are concerned about what is happening. No doubt, as we have already heard, the Bill is all to do with national security and therefore should not be challenged. I was told as much in this House when I had the temerity to ask about the details of the trust fund being set up in Mauritius with British taxpayers’ money.

I contend that treating people with dignity and addressing their needs does not mean you are challenging national security needs. The two issues can and should exist together, and it saddens me greatly that this Government have chosen a different course. In January 2015, a report commissioned on behalf of the British Indian Ocean Territory—BIOT—and carried out by KPMG undertook a feasibility study for the resettlement of BIOT. Unlike our present Government, that study took the views of a range of stakeholders, including the Chagossian communities in Mauritius, the Seychelles, Manchester, Crawley and London. The study looked in depth at the environmental issues as well. This public document concluded:

“There are no fundamental legal obstacles that would prevent a resettlement of BIOT to go ahead”.


That was in 2015.

The Government of the day decided not to proceed with resettlement because of costs, but, crucially, the costs identified in the report for resettlement at that time are nowhere near the costs associated with this deal. How have the Government arrived at a place where we are now handing BIOT to Mauritius and paying for the privilege? By the way, we have already paid Mauritius, because in 1965, when it agreed to BIOT being created, we paid it £3 million, so this is us paying again for the privilege.

The Government have also told us that they had no option but to conduct and conclude. We have heard a lot about these 11 rounds of negotiations, but none was ever concluded. As someone who has experienced many negotiations throughout the years, the deal is not done until the deal is done. That is the critical issue here. We have already heard from the noble Lord, Lord Callanan, that there is a lack of clarity on the basis for proceeding with this deal, so it is imperative that the legal opinion is shared to bring transparency to what is very murky water. We are also advised by the Government that investment by the US has paused after the advisory judgment due to the lack of certainty. Surely such certainty could have been provided in another way. We could have asserted sovereignty over our territory instead of colluding in handing it away. That surely would have brought certainty for our American allies as well.

The Government also claim that we have to do this deal to protect the joint US-UK exclusive access to the electromagnetic spectrum on Diego Garcia, but the International Telecommunication Union, which supervises global communications technology, has no enforcement mechanisms to either terminate or interrupt our satellite operations on the Chagos Islands. I thank Policy Exchange for its work in this area; in particular, its publication The Chagos Debacle, A Critique of the British Government’s Shifting Rationales. Former NATO commander and Royal Navy Rear Admiral Chris Parry said recently that handing away the Chagos Islands is

“the biggest strategic mistake I have seen in my lifetime”.

Moving to the specifics in the Bill, or rather the lack of specifics, there is very little detail. We are told that there will be secondary legislation and there will be ministerial Statements to deal with a lot of the issues. That means that there will be less scrutiny. It is a matter of record that the Chagossian people were forcibly removed from their homes in the late 1960s. The Government are now telling us that by doing so, they do not have the right to self-determination. I find this very skewed thinking. You remove the Chagos Islanders from their homes by force and now they do not have self-determination. I think it is morally wrong.

At the very least what should be happening is a referendum of those of Chagossian heritage here in the UK, because despite what previous Mauritian Administrations have had to say, the Chagos people are a distinct people on the basis of ethnicity and religion and should be afforded the respect they deserve, not forced into a country that they have no affinity with and which is 1,300 miles away. Let me be clear. Even if Mauritius was the closest country, geography is not political destiny, especially when you have a distinct people, and I want to make that clear for a whole variety of reasons. KPMG, on behalf of BIOT, consulted in a meaningful way with the citizens back in 2014-15, and the Government should do so again. This is an historic decision we are making here and we need to listen to what the Chagossians have to say.

The Bill has nothing to say about the welfare of British Chagossians. Not one clause is drafted to deal with their needs. There is nothing in the Bill about the £40 million which has been sent to set up a trust fund in Mauritius for Chagossians who live there, but we have been told that British Chagossians will not benefit from that trust fund. Many Chagossians have left Mauritius in the past few months as they choose to be British and not live under the authority of Mauritius. Of course, those Chagossians who choose to remain in Mauritius are content with what is happening and are supporters of the Mauritian regime. That is why we should not be surprised that there are statements coming out of Mauritius in support of this deal.

As regards visiting the atoll, that, we understand, will be at the discretion of the Mauritian Government, who denied the very existence of the Chagos people until very recently, telling them that they were Mauritian instead. Having listened to many Chagossians talk about their identity, I can tell the House that the last thing they are is Mauritian.

Finally, there is nothing in this Bill about the very fragile and internationally important ecostructure of the many little islands and their marine area. I recognise that the Minister referenced the environment in her opening speech, and I am pleased to hear that there has been some movement in relation to that. I know that very many are concerned about the stewardship of the environment in the future, given that we are giving away all this to the Mauritian Government without any sanctions if the ecosystem is damaged.

I hope that the Government will take the opportunity to consult the Chagossian people. They deserve to be listened to, even at this late stage.

--- Later in debate ---

[Baroness Chapman of Darlington (Lab)]

I start by thanking the noble Baroness, Lady Goldie, for her closing speech. It was exactly the kind of speech I would have expected from her. It was forensic and detailed, asking absolutely legitimate questions that any respectable Opposition should put to a Government proposing this kind of Bill. I will try to answer all her questions— I was writing as quickly as I could—but I may not get through them all. The idea of a letter in the Library, explaining the detail so that everybody can see what we have to say, is a very good one. I would be happy to do that.

I thank all noble Lords for their contributions. It has been lively, as I suspected it might be. I might say that I agreed with some contributions more than others, and some were probably better informed than others, but that is the nature of these things. I will endeavour to respond to all the points raised by noble Lords, and we will, I hope, have further discussions in Committee on many of those.

I would like to remind the House why we are scrutinising and reviewing a Bill sent to us from the other place. The Bill is essential to ensure that the treaty with Mauritius can be ratified, a treaty that is fundamental to safeguarding the operations of a critical UK-US base on Diego Garcia and to the security of British people. As the noble Lord, Lord Jay, said, the Bill is also vital to protecting the British citizenship rights of Chagossians.

Noble Lords have questioned the legal rationale for this deal and asked what court could give a binding judgment. Let me set this out again: as the noble Lord, Lord Hannay, explained well in his speech, if a long-term deal had not been reached, it is highly likely that further wide-ranging litigation would have been brought quickly against the UK. Both the International Agreements Committee and the International Relations and Defence Committee, in scrutinising the treaty, heard evidence of where these binding judgments could come from.

One possibility is that Mauritius would find a dispute under the UN Convention on the Law of the Sea that it could bring before an arbitral tribunal under Annexe VII of the convention. That also raises the prospect that Mauritius would seek provisional measures from the International Tribunal for the Law of the Sea. Provisional measures of this type and the decision of an arbitral tribunal would each be legally binding on the UK. A further possibility is that a dispute under a multilateral treaty could be brought before the International Court of Justice. A judgment delivered in the manner by the ICJ in disputes between states may also be legally binding.

There are those—we have had this ever since we started debating this issue—who question where this binding judgment might arise, but they are fundamentally missing the point here. The risk was real. International courts were already reaching judgments on the basis that Mauritius had sovereignty, and this in turn, as my noble friend Lord Browne explained, put the base at real risk. The point is that the treaty with Mauritius prevents that happening in the future.

Noble Lords are perfectly entitled to take a different view on the extent of that risk; that is absolutely their right. The Government’s view is that that risk is real. Having that view, any responsible Government making that assessment has to seek to resolve it and to come to some lasting, legally enforceable arrangement with Mauritius. That is why we did the deal. Noble Lords are entitled to disagree with the Government, and I have absolutely no issue with that, but please do not impute some sort of bad intent or motive around political correctness, colonialism or any of those things. Our intention is to secure that base for the benefit of the security of our country. We did it so an agreement could be concluded on our terms, rather than it being forced upon us so that we would have to accept the imposition of an arrangement that would not have been in our favour.

I am interpreting the questions from the noble Baroness, Lady Goldie, on the overseas territories as an invitation to the Government to restate their longstanding and clear commitment to all our overseas territories. The Conservatives, at some points in these debates, although not recently—the noble Baroness, Lady Goldie, never did this, but others did—would raise the issue of the Falkland Islands. I thought that that was the height of irresponsibility, and I am very glad that they no longer attempt to bring that question into these discussions, because it was wrong that they did that.

This treaty has a complex resolution process attached to it because it needs to be long-lasting, and we are trying to cover every eventuality that might arise. That is a really good subject for us to get into in Committee, and we must test that to make sure that we have got that right. I have every confidence that the noble Baroness and her colleagues will bring to us situations that we need to hold up against that process, to make sure that we have got that right.

On the notification of activities of third countries with our consent, there is a notification there. I think that is right, but it is not in any way conditional. We do not need consent. It is not about permission or any of those things. I hope that that is helpful.

On the ability to make law, we had an interesting discussion at the briefing about royal prerogative and the ability of the King to make law in Diego Garcia. We need to get into that in Committee. There will be things in the Bill that, when I was sitting in the noble Baroness’s place, I would have been asking questions about, such as powers and flexibilities, the ability of Ministers to make decisions, and the various methodologies. I expect we will be having long discussions about negative and affirmative procedures, for example, and law-making power is one such issue.

I want to address some of the points that were made regarding the Chagossian community. As I stated in my opening speech, this Government deeply regret how the Chagossians were removed from the islands. This is a community that the Government are committed to working with and supporting in the months and years ahead. I pay tribute to the noble Baroness, Lady Ludford. She made a compelling and genuine contribution on this important issue, as did the noble Lord, Lord Horam, and I commend those who have been working on this for very many years. She did her party proud, and I respect the longstanding commitment that she and others have had.

The Bill ensures that there will be no adverse impact on Chagossians’ nationality rights as a result of the treaty. Chagossians will not lose their current rights to hold or claim British citizenship, and no one will lose existing British Overseas Territory citizenship status. The Bill does, however, remove Chagossians’ ability to acquire British Overseas Territory citizenship in the future, because once the treaty comes into force, BIOT will not be an overseas territory.

On the trust fund, the noble Lord, Lord Horam, raised the possibility of an exchange of letters on the future treatment of Chagossians under this fund. This is, again, a genuine issue that we ought to explore. I appreciate that noble Lords will want more detail on how the trust fund will operate. I look forward to discussing this in Committee. Who knows? We might be able to reach some sort of agreement on that issue.

On the citizenship law, which was raised by one or two noble Lords opposite—it may have been the noble Lord, Lord Hannan—there have been mentions of section 76B of the Mauritian criminal code and concerns that Chagossians are leaving Mauritius for fear of being prosecuted for their affiliation with the UK. This is really important: no one has ever been prosecuted under this law; but just because no one has ever been subject to it, that does not make it right. Last week, the Mauritian Government repealed this section, and, as of April 2025, 94% of Chagossians with British nationality also had Mauritian citizenship.

On the right to self-determination, there have been questions during the debate, and leading up to it, about consultation with Chagossians. The negotiations on the treaty were necessarily between states—the UK and Mauritius—and it is true that we have prioritised the operation of the base on Diego Garcia. That has been our priority. There may be people here who disagree with that and who would have preferred us to prioritise other issues, and I respect their right to hold that view, but that is not the view of the Government. We wanted to protect the base.

There were some, including the noble Baroness, Lady Foster, who raised the right to self-determination for the Chagossians. I have followed the noble Baroness’s career for many years; I do not know why, but I have always been rather attached to following what she does and says, and I have a real long-standing respect for her. I completely understand why she wants to raise this issue, and why it matters so much to her. The fact is that the Chagos Archipelago has no permanent population and has never been self-governing. No question of self-determination for its population, therefore, legally arises.

The English courts, noting the conclusion of the ICJ in the 2019 advisory opinion, have proceeded on the basis that the relevant right to self-determination in the context of BIOT was that of Mauritians rather than Chagossians. Both the English courts and the European Court of Human Rights have considered, in a series of judgments since the 1970s, the related but distinct question of an alleged right of abode or other rights said to flow from that. On each occasion, the English courts and the European Court of Human Rights have ultimately dismissed these claims. The transfer of sovereignty, therefore, does not deprive Chagossians of any existing rights. This is a long-standing legal position that previous UK Governments have also adopted, including in claims brought as recently as 2020. That all sounds very legalistic and cold; nevertheless, that is the legal position as it stands.

[Baroness Foster of Aghadrumsee (Non-Afl)]

I thank the Minister for addressing this issue, because it has become a real touchpoint in the general populace. Does she agree that, while we might differ on the legality issue, there is a moral duty on the Government to engage with the Chagossians, who feel so let down, not just by this Government—I made that very clear—but by the whole political establishment in this country?