Diego Garcia Military Base and British Indian Ocean Territory Bill

Calvin Bailey Excerpts

Committee of the whole House
Monday 20th October 2025 Commons Chamber

[Wendy Morton]

We have made it very clear, repeatedly, at the Dispatch Box. Lord Cameron, the then Foreign Secretary, stopped the negotiations.

[Mr Calvin Bailey (Leyton and Wanstead) (Lab)]

rose—

[Wendy Morton]

I am going to make some more progress.

--- Later in debate ---

[Wendy Morton]

My hon. Friend is absolutely right. That is exactly why we have continued and will continue to probe the Government on the MPA. We have not had answers to our questions; we have not had the transparency that I think this House deserves.

It is very possible—in fact, it is very likely—that Labour has committed Britain to helping Mauritius dismantle an MPA that we ourselves established. There are no assurances that we will not be committing British resources to actively harm our own interests and undo our work. Mauritius does not have the capability to manage, monitor or enforce an MPA. It does not have the infrastructure at sea or any such experience. It would leave the stocks in those waters exposed to real risk of pillaging, including by Chinese vessels. It is not likely to have the will to do so either, as we know the economic potential of the waters is of interest to Mauritius.

Despite the Government’s ludicrous and insulting claim that those who oppose this deal side with Russia and its friends, Mauritius has been developing closer ties with Russia on marine matters, announcing as recently as May 2025 that the two countries are strengthening their ties on marine innovation, including marine research, while Mauritius’s close relationship with China—a strategic partnership, no less—opens up the possibility of Chinese fishing trawlers in these waters. It is therefore absolutely right that this House gets a say over the fate of the MPA, and the CRaG-equivalent process set out in our new clause would provide for an appropriate level of scrutiny.

New clause 4 would require regular reporting on the ecological status of the Chagos MPA, which is necessary for the same reason as new clause 3. The Government have bound us to support Mauritius to manage the MPA, so there must be scrutiny of what the Government are doing and the ecological consequences. There are widespread concerns across the House on the future of the MPA, and Ministers have so far failed to give any answers or any assurances; when asked, they have said that they do not know about the future and cannot tell us what resources and costs will be incurred to meet these obligations. Given our role in managing the MPA, the UK should be able to access the data required for this report. This new clause reaffirms our commitment to the MPA.

We recognise the sensitive nature of the military arrangements on Diego Garcia, but oversight of the agreement is none the less essential. New clause 5 would allow for appropriate parliamentary scrutiny while respecting the need to protect critical information. The new clause covers the key areas of security consideration and will act as a catalyst for the Government to maintain their own monitoring of each area. We believe that that is critical as there are holes in the provisions. There must, for example, be agreement on upgrading infrastructure in the buffer zone, such as sensors—but what if there is no agreement? Likewise, the treaty stipulates that Mauritius and Britain must jointly decide on the management and use of the electromagnetic spectrum.

Of particular importance in new clause 5 are paragraphs (d) and (e). On (d), we must ensure that only vessels that should be in the area are in the area, and that Russian and potentially even Chinese vessels are deterred from entering—I have already mentioned the closer ties and partnerships between Mauritius and those countries, which should concern all of us.

With reference to paragraph (e), the treaty states that the United Kingdom agrees

“to expeditiously inform Mauritius of any armed attack on a third state directly emanating from the base on Diego Garcia”.

Given the huge range of security threats in the Indo-Pacific and the middle east, it is far from impossible that in future this mechanism may need to be used. It is important that the notifications are presented to the Intelligence and Security Committee, as once again it would force the Government to log and monitor the mechanism, including any operational impacts it might have. We know that there are genuine concerns that third countries—potentially even China—might try to establish themselves in the archipelago, and the arrangements in the treaty must be monitored to ensure that they are sufficiently robust to stop that happening.

New clause 6 probes the Government’s argument that a legally binding ruling under UNCLOS would have an impact on our ability to operate the electromagnetic spectrum, and impede air and sea access as well as the ability to patrol the area around the base. We take issue with that assertion, not least because there is an argument that provisions under article 298 of UNCLOS allow for exemptions relevant to disputes concerning military activities. The Government have not addressed this issue when we have probed, including on Second Reading, so we have had no choice but to table this new clause to test the Government’s assertion.

I turn finally to new clause 7. The British Chagossian community have been treated appallingly by this Labour Government. Twice the deal has ended up in the courts because of the way Labour has ridden roughshod over their concerns. This Bill sells them short, too. The resettlement programme for the Chagos islands under this treaty is entirely in the hands of Mauritius—a country to which, I should add, Chagossians feel little affinity. Indeed, we have seen many Chagossians arriving in the UK from Mauritius in recent weeks. I hope the Minister will respond to that from the Dispatch Box, because it is clearly concerning that they have been moved to take this action.

The Bill also stops British overseas territories citizenship being awarded on the basis of descent from a person born on the Chagos archipelago. Sadly, we cannot amend the treaty through the Bill; it just is not within the parliamentary rules. However, new clause 7 would require the Government to consult the Chagossian community on the implementation of the treaty—including on the establishment of the trust fund, which we capitalise and Mauritius distributes—and on areas of dispute arising between the UK and Mauritian Governments prior to their being discussed at the joint committee created by the treaty. It also requires the Foreign Secretary to present a report to Parliament within six months of the Act becoming law, and in every subsequent year, on how Chagossian rights are being upheld under this agreement. We have a national obligation and responsibility to the Chagossian community, and the Conservatives will always stand up for their rights.

To conclude, taken together, our amendments and new clauses will hold the Government to account. Let us be clear: the Conservatives oppose this surrender Bill, its colossal costs and the adverse impact on our defence and security. Accepting these amendments and new clauses will simply strengthen accountability and transparency.

[Mr Calvin Bailey]

I have set out the security and geopolitical importance of the treaty many times in this place, and would therefore have appreciated the opportunity today to engage with detailed scrutiny of the treaty and the defence arrangements it enables. Sadly, that is not the line that the Opposition are going down. Instead, we are faced with a series of wrecking amendments that do not attempt to improve the Bill in any way. They are designed to force the Government to let our allies down, undermining our international credibility and reputation, and creating greater geopolitical risk and legal and security risks to our base on Diego Garcia.

If Opposition amendments were passed today, it would be impossible for us to meet our commitments in a timely way by implementing the agreement with Mauritius that Ministers have completed—an agreement that the Conservative Government started and carried through 11 rounds of negotiations but now want to throw back, no matter the damage that it would do to our nations. At no point have they made clear the legal basis for starting the 11 rounds of negotiations in the first instance.

I fully understand and sympathise with the motivation behind amendment 9. The creation of the Chagos islands as a separate territory created a deep injustice, because it was bound up in the dispossession of the Chagossians, but that historical injustice cannot simply be undone. We cannot turn back the clock, however much we might want to do so. The question of a right to return is not remotely simple, because access to Diego Garcia is inevitably a serious question of security. People obviously cannot return to exactly where their families lived, because of the highly sensitive military facility that now stands in their place. Perhaps a limited right of return could be negotiated, but that would engage security procedures that are secret and involve the UK and the US as well as Mauritius, as was acknowledged by the right hon. Member for Aldridge-Brownhills (Wendy Morton). The amendment imagines that if the negotiations were rejected by even the narrowest of margins, the entire treaty would fall apart and would need to be renegotiated afresh, significantly increasing geopolitical risk to the base and our interests. Perhaps the Minister could invite some assistance on this point from those who conducted the first 11 rounds of negotiations.

Let us get real: there are reasons why international treaties are negotiated by the Government and subject to democratic scrutiny in this House and through these procedures. What the Liberal Democrats are proposing amounts to making a UK foreign and defence policy dependent on a referendum, and that includes vital defence interests that are shared with the US and other allies. That referendum would apparently comprise non-UK citizens just as much as it would British Chagossians. Frankly, I would have thought that the Liberal Democrats more than others would have learned from the disastrous experience of Brexit that making foreign policy by referendum is not the wisest course of action.

[Several hon. Members rose—]

[Mr Bailey]

There is already a barrage of misinformation coming from the Opposition, and I am not going to invite any more of it to flow across the Floor. There are a multiplicity of bad actors internationally who would benefit from the collapse of this Bill—and just imagine how many more there would be if we took the course the Opposition urge us to take.

[Chris Coghlan (Dorking and Horley) (LD)]

The hon. Member just said that foreign policy should not be made by referendum. Does he disagree, then, with article 1(2) of the UN charter—that the right to self-determination is a core principle in international relations and that we should therefore have a referendum for Chagos?

[Mr Bailey]

I thank the hon. Member for his intervention. The Bill has been before the House already, and at the moment we are discussing the amendments that have been tabled. The hon. Member will soon have the opportunity to discuss the amendments he has tabled. However, abdicating this Chamber’s decision—[Interruption.]

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. There is far too much noise and many private conversations, which make it very difficult to hear the hon. Gentleman.

--- Later in debate ---

[Mr Bailey]

Abdicating this House’s responsibilities to a referendum is not something on which we will agree. This treaty is a vital step to secure UK interests. It puts the Diego Garcia base on a secure footing for at least 100 years. I understand that Opposition colleagues have a range of objections to this treaty, not all of which are jaw-droppingly hypocritical, however—

[The Second Deputy Chairman]

Order. I will give the hon. Gentleman the same warning that I gave the right hon. Member for Beverley and Holderness (Graham Stuart). He needs to be very careful with his language.

[Mr Bailey]

Not all the objections are jaw-droppingly confused, but some colleagues will vote against the Bill tonight on the basis of them. That is no reason to support an amendment that would undermine the Government’s ability to navigate the difficult and chaotic world we live in today and keep our country safe.