Overseas Territories

Daniel Kawczynski Excerpts

Thursday 11th May 2023 Commons Chamber

[Alicia Kearns (Rutland and Melton) (Con)]

I beg to move,

That this House is committed to upholding the interests of British Overseas Territories and their citizens; recognises the special historical, cultural, and social bonds that bind the United Kingdom and Overseas Territories; and calls upon the Government to ensure that British Overseas Territories citizens’ rights as British citizens are upheld, to defend the sovereignty and borders of Overseas Territories from foreign powers, and to consider the unique circumstances of each Territory when formulating policies which affect them.

I declare an interest as chair of the all-party parliamentary group on the Turks and Caicos Islands. I thank the Backbench Business Committee for granting this debate on the day of the Joint Ministerial Council, the annual summit of British overseas territories here in London. I also thank my hon. Friend the Member for Bracknell (James Sunderland), who is a great friend of the overseas territories and whose application for this debate I inherited, and all those who have come to the Chamber today to speak about the great British overseas territories.

I invite the whole House to join me in welcoming representatives, civil servants and elected representatives from seven overseas territories, who have come to the House today to observe the debate from the Public Gallery. It is a joy to have them with us.

Over the last week, we have witnessed our global British family at its very best. The coronation of His Majesty the King was a special moment, and to see the leaders of British overseas territories at the coronation, representing their communities with great pride, was a historic moment. While Westminster Abbey may be only a short distance from this place, it is a mighty long way away for someone who has come from Tristan da Cunha or the Pitcairn Islands. The long voyages undertaken by the leaders of every overseas territory demonstrate the bonds that unite our global family.

As I mentioned, the JMC, where the leaders of overseas territories come together, is taking place today. Last year, the JMC was cancelled at extremely short notice, when some leaders had already begun their journey to London, because that journey can take over two weeks for some of them, so I am keen that today’s JMC is a particular success.

British overseas territories span Europe, the Caribbean, the Pacific and the Atlantic. They vary in size, population, culture, climate, food, tradition, challenges and opportunities. The British global family is diverse and requires policy that recognises this diversity. That is what we will debate today. I hope the Government will adopt an ethos that recognises the unique circumstances of each territory and that makes sure they feel heard, valued and supported.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

Does my hon. Friend agree that the bedrock of the 16 British overseas territories is the concept of the right of self-determination, and yet in the case of the British Indian Ocean Territory, this Government are ignoring the views of the Chagossian people and negotiating directly with a third-party country, Mauritius, against the interests of the indigenous people?

[Alicia Kearns]

I am sure a number of colleagues plan to talk about that in their speeches, so I will make progress with my own points so that colleagues will not have their speeches cut short.

Our debate today is one not of a paternalistic House of Commons, but of a body of representatives that recognises that within families there are responsibilities but also great opportunities. Today, I will set out specific requests but also commonalities that need to be raised within our family. In response to the point made by my hon. Friend, it is worth reiterating that all British overseas territories enjoy the right to self-determination, as set out in article 1 of the UN charter. They decide their own Government and their own constitutional relationship with the United Kingdom. The fact that they have decided to maintain a constitutional link with us does not diminish this most sacred of rights. I am sure the whole House will join me in reiterating our wholehearted and unwavering commitment to defending that principle, in spirt and in law.

While we believe that there is no question or debate over the right to self-determination, some members of our family face those seeking to undermine that fundamental right. At the G20 talks in March this year, Argentina unilaterally ended the 2016 pact on the Falkland Islands. That was wrong. The Government must continue to reject any demands from Argentina to revisit the issue of the sovereignty of the Falklands. We must be clear that the right to determine the future of the Falkland Islands is the sole prerogative of its islanders. In 2013, 99.8% of all Falklanders who voted chose to remain British. There is no debate over the right to self-determination.

I draw the House’s attention to another area where the Falklanders require our support. Under the United Nations Committee of 24, the Falkland Islands is currently classified as a non-self-governing territory, but we know that is factually incorrect, both under the first Falklands constitution, signed in 1985, and under the new constitution, signed into law by Her Majesty the Queen in 2009. The Falkland Islands is self-governing but willing to refer its foreign and defence policy to the United Kingdom. The Government should help the Falklands to correct that misclassification, so that the Falkland Islands will be recognised at the UN as the proud, self-governing territory that it is.

On the subject of sovereignty, I turn to Gibraltar and its right to remain a UK overseas territory. Under the double lock guarantee, the UK has given a solemn assurance that it will never enter into any negotiation on Gibraltar’s sovereignty in which Gibraltar is not content. The post-Brexit negotiations are not yet concluded and we must ensure they are guided by the double lock principle. I am sure the House would condemn any future compromise on that. If, for whatever reason, Gibraltar is left with no negotiated outcome, I would urge the Government to provide the support needed to deal with any economic uncertainty and ensure the continued success of the Rock.

While overseas territories choose to remain part of our global family, that does not mean we should blindly accept the status quo. We should challenge ourselves to provide the best possible support for their individual hopes and needs, and try to support them to achieve those. We should embed engagement across Government directly with overseas territories, rather than relying on all manner of priorities to be dealt with through the Foreign, Commonwealth and Development Office as some sort of arbiter.

There is widespread frustration about just how difficult it is to engage in even basic dialogue with Government Departments. Surely, given our belief in self-determination, it is only right that overseas territories make their own case to Government Departments, rather than relying on the Foreign Office to act as messenger. They make their own case best when their voices are heard. That will also help to tackle any lingering belief in paternalistic governance.

The Foreign Affairs Committee made that recommendation in 2019, because neither the territories nor their citizens are foreign. Therefore, it is fundamentally at odds to have them supported through the Foreign Office. I urge the Government to drastically change how OTs are treated. That starts with beefing up the powers of the overseas territories directorate so that it is not seen as some sort of backwater—I apologise to civil servants observing the Chamber today—and ensuring it has the powers that are needed and that Ministers give it sufficient focus. I also urge the Minister to have all Government Departments update their strategies on the OTs, because not one of them is less than a decade old. That cannot be right; we need to update the individual strategies.

The UK’s relationship with OTs is characterised by obligations and opportunities on both sides. We face problems, including in protecting our oceans. The British maritime estate is the fifth largest in the world. It offers sanctuary to a plethora of wildlife from the south Atlantic to the Indian and Pacific oceans. Some 94% of unique British wildlife can be found in the territories, from breeding turtles in Ascension, coral reefs in Pitcairn and great whales in the Falklands to the many species that call the tropical forests of St Helena and Montserrat home. In addition, I encourage all wildlife lovers to make sure they follow the long-awaited hatching of osprey eggs in Rutland, which is expected in the coming days.

Britain plays a leading role in global conservation, thanks to the partnership of our territories and two key initiatives: the Blue Belt and Darwin Plus programmes. Without our global family, this would not be the case. It is safe to say that our overseas territory communities contribute more to protecting the ocean, per head of population, than anywhere else on earth, so we should be grateful for their contribution as part of the global British family.

Environmental initiatives demonstrate the power of partnership, but there are other areas in which the UK can do more as a partner. One such area is education. All overseas territory citizens are British citizens, yet they were finally granted access to tuition loans when studying in the UK only in 2022. The process for applying for a tuition loan remains far too complicated for those from OTs, not least because they have to send in their applications by post, which may be convenient for people who live in Rutland or lovely Melton Mowbray, of pork pie fame, but is slightly more difficult for those who live in St Helena, which is nearly 5,000 miles from the UK.

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[James Sunderland (Bracknell) (Con)]

I am privileged to be called so early in the debate, Mr Deputy Speaker. I am also grateful to my hon. Friend the Member for Rutland and Melton (Alicia Kearns) for picking up the baton of the debate. I refer members to my registration of interests.

As vice-chair of the all-party parliamentary group on the British overseas territories, as well as the chair of a number of individual overseas territory groups, my personal interest in the subject goes back a long way. I am perhaps one of the few members to have served in Cyprus, in Gibraltar, the Falklands, Ascension, South Georgia and Diego Garcia. I am very lucky to have done so.

The overseas territories are a vital part of our UK family. They are strategically essential in terms of footprint basing and geography, but they are also essential to the projection of UK soft power around the world. They have a common language and culture, they have similar hopes and aspirations and we must not underestimate or take for granted their value to the UK. If I have to make one point today, and one point only, it is that our overseas territories need more love. In this era of global competition, the hunt for resources and strategic basing, and instability across the world, our foes are circling and we need to cement what we have as a nation.

To admire the problem, if I may, for a moment, Brexit was not kind to the overseas territories. What we must do now is lock the overseas territories into free trade deals with us and all our partners and think more broadly, to the Commonwealth. How fantastic would it be for global Britain to have such a network of trade arrangements, particularly with the Commonwealth? Just think of what that might be worth to the UK. Think of the potential. The 2019 UK White Paper has gone nowhere, so where is it, please, Minister?

Of course any work that we do—I welcome the point about the new strategy—has to be done with the overseas territories, not for them. Last year’s ill-fated Joint Ministerial Council has at least been put to bed now, with an excellent session this week. Of course, the Minister is in the Chamber today, which is entirely appropriate, but ministerial visits need to be a lot longer. Does it need a Minister in the House of Commons? Perhaps.

We need to station civil servants in the overseas territories for longer too, and delegations from the overseas territories to the UK visiting the FCDO need more than 30 minutes at a time. We must roll out the red carpet for these very important people and listen to their concerns. We also need a clear and regular bilateral dialogue to fix specific issues because, of course, the OTs are very different. One size does not fit all.

[Daniel Kawczynski]

My hon. Friend and I recently visited the Falkland Islands together to celebrate the 40th anniversary of their liberation from Argentina. We were told at the time of our visit that we needed to do more to support the Falkland Islands in their negotiations with the European Union over tariffs on their squid exports to the EU. Does he agree that we need to be more robust and supportive of the overseas territories when they are negotiating with the European Union?

[James Sunderland]

I agree entirely with my hon. Friend. I need to be careful about what I say, for obvious reasons, but I entirely agree that that needs to be the case. For example, the Falklands are suffering from tariffs on fish right now. We need to do that very quickly indeed. Why not also create a specific department in the FCDO for the overseas territories and the Commonwealth? We could have longer JMCs, perhaps, and a new strategy. There is lots that we need to do.

What about the specifics? I cannot hope in five minutes to cover the totality of the subject, but we need a new trade arrangement with the overseas territories to reflect the changes in the arrangements with the European Union and with other countries. The British Virgin Islands, in particular, wants its prescriptive court order lifted. It has a new Government and a superb new Prime Minister, so it is time for the BVI to fulfil its potential and move forward.

Tristan da Cunha needs a boat, as we heard, for obvious strategic and medical reasons. And we cannot concede sovereignty of the Chagos islands until we fully factor in the Chagossians. The archipelago is also militarily important. South Georgia’s fisheries could be brought under the governance of the Falkland islands.

The residents of all the OTs must benefit from their potential, and all the overseas territories need support on infrastructure, utilities and climate change. The UK’s relationship with the overseas territories has recently been referred to as “benign neglect”. I do not subscribe to that powerful phrase, but it is a wake-up call for us in this place. We need to do more to cement our relationship with the overseas territories. They should not be seen as somehow subordinate to the UK. They simply want to be partners, and self-determination must therefore be perceived as well as real.

One size does not fit all, and this must be reflected with each overseas territory being given more red carpet and more bilateral arrangements. The OTs are very special, and they are very proud to carry the UK flag. The UK must therefore seek to get more from them while offering more back, as true partners for mutual benefit. Nothing is broken, far from it. This is a fantastic opportunity that the UK and its partners in the overseas territories must embrace.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I had the great privilege and honour of visiting the British Indian Ocean Territory in 2019 when, at the invitation of the Foreign Office, we had the opportunity to inspect the extraordinary naval facilities that we share with the Americans on those islands. The right of self-determination is a bedrock of all the British overseas territories, yet, in the case of the British Indian Ocean Territory, the right of self-determination is being trashed and completely ignored by this Government.

I rise to express my dissatisfaction with this Government and their handling of the situation. The Chagossians, those beautiful people, were expelled from their islands in 1968 to make way for an American military base, and they were treated appallingly by Mauritius. Some Chagossians came to the United Kingdom and some went to the Seychelles, but others went to Mauritius, and the Mauritians treated them as second-class citizens. Mauritius spent the money it was given to look after them on other things.

The Chagos islands are 2,000 km from Mauritius and have never been part of that country. When we gave Mauritius her independence in 1965, it was made abundantly clear that these islands were to be portioned off and would remain under British control. Moreover, we gave Mauritius more than £3 million of British taxpayers’ money as final settlement for the islands. Think for a moment just how much £3 million was worth in 1965, yet now, more than 50 years on, Mauritius is determined to overturn this agreement and seize the islands from Britain. We have lost rulings on this issue in the International Court of Justice, where Mauritius has taken us for arbitration. The right of self-determination should be at the forefront of our conduct. The negotiations with Mauritius must stop, and the Chagossians, of whom there are about 4,000, must be allowed to return. There must be a referendum of the Chagossians in the British Indian Ocean Territory on whether they want independence or to remain British. I know from all my conversations with the Chagossians that they are proud Brits, and they want to remain part of the British family.

[Lloyd Russell-Moyle]

The total territory of the Chagos islands is 10 times the landmass of Gibraltar, which we also use as a naval and military base. Does the hon. Gentleman agree that a thriving community could be created in those islands alongside and supporting the military? The binary option being pushed by the Government is detrimental to all sides.

[Daniel Kawczynski]

I completely concur with the hon. Gentleman’s sentiments. The Chagossians are descendants of slaves from Africa and Madagascar. They have their own language, their own food, their own music and their own traditions. Their 58 islands are a paradise in the middle of the Indian ocean, and to hand their territory to a foreign country is colonialism on steroids. It would be an absolute disgrace if that were to happen.

Let me say how disappointed I am with other British overseas territories—some of them are with us in the Gallery today—who are eloquent in demanding their rights, including the right of self-determination. Gibraltar, in particular, is always effective in lobbying us. However, a key term of emotional intelligence, which is a subject I have recently been studying, is interdependence. The overseas territories are letting themselves down by not putting enough pressure on the British Government over the rights of the Chagossians. If the Chagossians’ rights are ignored today, it will be the rights of the other overseas territories that are ignored in the future.

We are re-entering the Indian and Pacific oceans. As you will remember, Mr Deputy Speaker, Lee Kuan Yew remonstrated with us in 1971 for leaving our bases in Singapore. We were going through a period of malaise at that time, lacking in confidence. The AUKUS naval agreement we have signed with the Americans and the Australians to re-enter the Indian and Pacific oceans is essential, particularly as we see growing Chinese expansion in the South China sea, stealing hundreds of atolls from the Philippines, Vietnam, Malaysia, Brunei and other territories, pouring concrete to turn them into giant military installations.

I asked the then Foreign Secretary about this seven years ago, and the response was, “We don’t have an opinion about the disputed uninhabited atolls in the middle of the Indian ocean.” We are turning a blind eye to Chinese expansionism in the South China sea while bending over backwards to accommodate Mauritius’s spurious claim to our islands. This year we are entering CPTPP, the world’s fastest-growing trading bloc, so this area will become increasingly important to the United Kingdom.

I feel so passionately about this issue because it goes to the nub of how our relationship with the British overseas territories will develop and be protected for the future. Please let us combine to challenge the Government on their outrageous, nefarious and immoral conduct over the British Indian Ocean Territory.

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[Daniel Kawczynski]

The hon. Gentleman is making the very serious allegation that some British overseas territories are tax havens or being used in some nefarious way for funds. Which ones is he referring to and what evidence does he have for that?

[Alyn Smith]

I was going to be more polite and say some are and indeed some are not, but if the hon. Gentleman wants some statistics, in February 2022 Transparency International linked £830 million-worth of property in the overseas territories and Crown dependencies to individuals close to Russian President Vladimir Putin. In 2018 Global Witness said £34 billion was currently invested by Russians with links to the Russian Government in overseas territories. The Global Witness report of 2018 also said that £68.5 billion in foreign direct investment from Russian residents had been directed towards the overseas territories from 2007 to 2016. I acknowledge progress has been made by some of the overseas territories, but we also must speak frankly to our friends and there is an issue that needs to be dealt with.

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[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I also thank the Chair of the Foreign Affairs Committee, the hon. Member for Rutland and Melton (Alicia Kearns), for securing this crucial debate and ensuring the concerns and priorities of the overseas territories remain within the focus of this House and for the Government to hear. As shadow Minister in that capacity, I draw attention to my declaration in the Register of Members’ Financial Interests, in particular my visits to Gibraltar and the Falkland Islands as a guest of their Governments in the last year.

I also thank the members of all the overseas territories and their representatives who are here today in the Gallery to watch the debate and who have been at many events this week. It was a pleasure to speak at the United Kingdom Overseas Territory Association conference yesterday and to meet many of the chief Ministers and representatives over the last few days. I particularly thank the presidency of UKOTA for the work they have done this year around the coronation of His Majesty and Her Majesty. It was a pleasure to see representatives of the overseas territories marching in that parade, as well as the flags and all the other things we have seen. I also want to thank the Speaker for his leadership and work on this issue and his generosity in hosting us all this week in Speaker’s House.

The UK’s overseas territories are indeed an integral and cherished part of the global British family, and it has been a profound honour for me in my role as Labour’s shadow Minister to have now met, I believe, all of the democratically elected leaders of the overseas territories. I have also been able to visit four of the overseas territories: I have seen at first hand the warmth, innovation, diversity and distinctiveness of the people and environments in each. I have swum with penguins in the south Atlantic in the Falklands; and indeed I have taken tea at the Rock Hotel in Gibraltar.

[Daniel Kawczynski]

Will the hon. Gentleman give way?

[Stephen Doughty]

I will not as I know what the hon. Gentleman wants to say; he is very kind, but we do not have a lot of time.

On that more humorous note, I also want to be really serious, candid and honest. Far too frequently, debate and discourse on this issue have been based on glib generalisations and a lack of understanding that fails to take account of the uniqueness of each overseas territory, be that constitutional, environmental or economic.

[Daniel Kawczynski]

Will the hon. Member give way now?

[Stephen Doughty]

I will, briefly.

[Daniel Kawczynski]

I am grateful. The hon. Member rightly refers to the overseas territories as being cherished. I rather doubt that I will get a commitment from the Minister for a referendum for Chagossians and the British Indian Ocean Territory, so will he and the Labour party, in the spirit of what the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) said, at least give a commitment that a future Labour Government would give those people the right to a referendum on self-determination?

[Stephen Doughty]

The hon. Member knows my views on the Chagos Islands; indeed, I set them out clearly in Westminster Hall in a debate he initiated a few months ago. I will come to that later in my speech.

Despite some extremely committed individual officials and Ministers in the FCDO and those who work alongside the Administrations, we have seen far too little consistency, understanding, engagement and, crucially, listening. A future Labour Government would set out five key principles to guide our relationships with the overseas territories. First, we believe in devolution and democratic autonomy, and establishing clear consistency on constitutional principles of partnership and engagement. Secondly, we believe in listening. I firmly believe in the principle of “nothing about you without you.” Thirdly, we believe in partnership. A future strong and stable relationship between the UK and each of the overseas territories must be built on mutual respect and inclusion; indeed, that involves all Government Departments, not just the FCDO. We also believe that rights come with responsibilities. In our British family, we share common values, obligations and principles including a robust commitment to democracy, the rule of law and liberty, and the protection of human rights, including, as rightly mentioned, those rights of LGBT+ people, women and girls, and people living with disabilities. We also believe in the advancement of good governance and, of course, ensuring proper democratic accountability and regulation.

Finally, let me be clear that for as long as the people of the overseas territories wish to remain part of this British family, we will robustly defend their security, autonomy and rights. As has been rightly pointed out, that is not least in the case of the Falkland Islands and Gibraltar, where a firm commitment to self-determination has been expressed by their peoples. That is Labour’s commitment, and I know that it is shared by many across the House. We would also move away from the notion that one size fits all. It does not when it comes to the overseas territories.

We need to ensure that our constitutional relations are diverse and nuanced in law and practice. On sanctions, I agree with the point made that in many circumstances we saw the overseas territories and crown dependencies move faster than the UK Government in implementing robust sanctions regimes. We have also heard that, in many decisions, whether on our relationship with Europe, trade negotiations or climate negotiations, the overseas territories have not been heard, respected or engaged in processes at the heart of Government.

We also want to see transparency in how the territories are administered. I believe that many overseas territories have called for a code of conduct for governors and for robust processes and consistency in how they operate.