Diego Garcia Military Base and British Indian Ocean Territory Bill

Graeme Downie Excerpts

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

[Wendy Morton]

I think the hon. Gentleman needs a little memory check, because we did not propose a deal.

The British Chagossians, some of whom are watching from the Gallery—I pay tribute to them for their dignified and strong campaigning over many, many years—have been betrayed by Labour. Their rights have been ignored, as have their fears, leading to hundreds fleeing Mauritius and coming here. Labour’s surrender Bill, as presented, does nothing for them. It does nothing for the marine protected area—one of the most important and largest marine environments in the world—which has been protected while under British sovereignty and has become a centre for scientific research and development. That is at risk, and promises and aspirations announced by Ministers to ensure that it continues are not reflected in the Bill.

Shockingly, Labour’s surrender Bill as drafted does nothing to safeguard, defend and protect our national security. Labour is surrendering British sovereignty and territory to a country that is increasingly aligned with China.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

The right hon. Lady describes this as a surrender Bill. Can she please tell me which flag will be flying over the Chagos islands if this is a so-called British surrender? It will be a British flag that is flying. Is that a point she understands?

[Wendy Morton]

There will be one flag that is flying, and that is the white flag of surrender.

Thousands of Mauritian public officials are being trained—or should that be “indoctrinated”?—by China on courses the Chinese are paying for. Both Russia and China are signing partnerships with Mauritius, but Labour’s surrender Bill fails to protect our interests.

--- Later in debate ---

[Wendy Morton]

It can be very easy to back something when you do not have to pay for it, but let us move on.

Now, the Government are failing to take seriously the warnings about China, and the threats it poses to Diego Garcia and our military assets and interests in the Indo-Pacific. Labour’s surrender Bill is bad for British taxpayers, bad for our national security, bad for the marine environment and bad for the Chagossians. It also grants Ministers huge powers to make further decisions and avoid parliamentary scrutiny.

Amendment 1 would in effect block Labour’s surrender treaty coming into force and the dissolution of the British Indian Ocean Territory unless and until Ministers reveal the legal advice they have received about Britain’s ability to extend and exercise sovereign rights over Diego Garcia after the initial 99-year period. The Government constantly claim they have secured the military base, but they have totally failed to do that. All they have done is pay Mauritius £35 billion to lease back a base we currently own, but only for 99 years. We have no certainty whatsoever about the fate of the base after the 99-year period. After paying Mauritius £35 billion, it would kindly give us the option to extend the treaty for another 40 years, but on what terms? If we extend it, will Mauritius make it conditional on more extortionate payments? What if we are outbid by a hostile power? In fact, what is to stop China putting in a bid? If no agreement is reached before the specified deadline and the base is offered to another country, what will happen to all the fixed assets belonging to Britain? We have had no answers from the Government on any of these vital points, which is unacceptable, and the terms of the treaty and the Bill, as they stand, are reckless.

Amendment 7 is necessary because the Government’s legal justification for surrendering the Chagos islands constantly shifts, because it has no legal basis. As my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) explained on Second Reading, the Government’s entire legal case is spurious. Many of us have been asking where the binding judgment we are constantly told is inevitable would actually come from. No credible answers have been forthcoming. We know it cannot be the International Court of Justice, and we know that a case at the International Tribunal for the Law of the Sea would see the UK able to put forward a decent legal argument. Then the Government completely contradicted their own argument about the electromagnetic spectrum. They are planning to dissolve a strategically invaluable British overseas territory, and they cannot even tell us on what legal basis they are doing so.

It looks as though this is part of a wider sinister picture—the Government’s relationship with China. We know that the Government are desperate for Chinese investment to help grow our economy, which they are trashing with their reckless economic policies. The Deputy Prime Minister of Mauritius has credited China for its support in enabling Mauritius to gain sovereignty over the Chagos islands. Why? Because China wants to deepen its strategic partnership with Mauritius, which it believes to have strategic advantages. Once again, the Prime Minister does not have the backbone to stand up for our strategic interests against China. Amendment 7 would flush out the truth once and for all.

Taken together, amendments 3, 6 and 5 would delete a huge and unacceptable Henry VIII power that the Government are brazenly trying to award themselves, and would give this House the oversight it is entitled to on the implementation of the treaty. It is wholly unacceptable—in fact, it is quite outrageous—for the Government to give themselves such a sweeping power that they could, through an Order in Council,

“make any provision that appears to His Majesty to be appropriate as a result of the Treaty”.

This is a totally open-ended power. The military base itself is in scope, and so are the rights of Chagossians. The House should not be deprived of a voice on these matters of huge concern. Our amendments would ensure that this House has a voice and a vote. That is totally right and proper.

Turning to our new clauses, the Government could have inserted a money authorisation clause into the Bill. They chose not to and no wonder. The Government want to spare their own disgruntled MPs the ugly spectacle of having to vote in favour of spending tens of billions of their constituents’ money to Mauritius, as Britain’s economy sinks under the weight of the Chancellor’s inflation, unemployment, debt and taxes. Labour is asking the hard-pressed British taxpayer, already struggling under the weight of the Chancellor’s punitive tax rises, to stump up £35 billion to lease back a territory we already own and which we are not legally obliged to give away. As it leaves pensioners vulnerable and cold, destroys family farms and crushes businesses, the Minister is content to send our constituents’ hard-earned money to Mauritius with no strings attached, allowing the Government there to cut taxes—tax cuts over 6,000 miles away and tax rises at home. And Labour is inflicting this surrender tax on the British people because of its abject failure to negotiate. We all know that when Labour negotiates, Britain loses, but this is a new low. At seemingly every twist and turn, this Government have rolled over and capitulated to the demands of the Government of Mauritius.

[Graeme Downie]

The right hon. Lady mentions that she does not believe there is a legal basis. What was the legal basis for the previous Government, when they conducted 11 rounds of negotiation and achieved absolutely nothing?

[Wendy Morton]

I am not sure where the hon. Gentleman has been for the past year and several months, but we have gone over this time and again in this Chamber. There was no legal basis. We stopped—[Interruption.] Maybe I will repeat this very slowly for his benefit: we stopped the negotiations.