(1 month ago)
Commons ChamberIn just one moment.
The treaty provides for control over the movement of all persons and goods on the base, and for control over the electromagnetic spectrum used for communications. It ensures that nothing can be built within a buffer zone of 24 nautical miles without our say so, and it delivers an effective veto on any development in the Chagos archipelago that threatens the base—something that the previous Government failed to secure in their negotiations. It prohibits foreign security forces from establishing a presence on the outer islands.
I congratulate the Minister on his new position
May I get one little moment of agreement here? The Government say they abide by the law. Given the opt-out that we had, the original judgment was specifically not found in law, because we did not allow the ICJ to rule on Commonwealth issues. The question is a matter of law, so if the Minister is suggesting to the House that other actions would have taken place, they would have been unlawful. In what world was it necessary to block off those by assuming that this was law? It was not lawful.
The Foreign Office and the Government published the Government’s legal position when the treaty was laid. That assessment says:
“The longstanding legal view of the United Kingdom is that the UK would not have a realistic prospect of successfully defending its legal position on sovereignty”
in any future sovereignty litigation. That important and long-standing view predates this Government. Again, it was one of the reasons why the Conservative Government began the negotiations and held 11 rounds.
(4 months ago)
Commons ChamberI entirely understand where the right hon. Gentleman is going with that argument. Under the criteria in the scheme we inherited from the previous Government, which we have continued, we have made the decision, with the exception of the Triples, to keep the eligibility decisions the same.
Let me turn to the Triples, which the right hon. Gentleman raised. I believe that the quote of the Secretary of State when in opposition was in relation to the very concerning situation—I believe it was a concern to him and to me when in opposition—that decisions were made in respect of the Afghan special forces, the Triples, that were inconsistent with the evidence that was being provided. We backed and called for the Triples review, which was initiated by my predecessor in the previous Government. Phase 1 of that review has now completed and we have achieved an overturn rate of around 30%. A written ministerial statement on that was published— I think last month—should the right hon. Gentleman want to refer to the full details.
In that work, we interrogated the data that was available. The record-keeping of that period was not good enough, as I have said from the Dispatch Box a number of times since taking office. As part of that trawl, we discovered information in relation to top-up payments, which previously had been excluded from the criteria because they did not constitute the relationship with the UK Government that would have created eligibility. Our belief is that the way those top-up payments were applied may now constitute a relationship that needs to be re-examined, so phase 2 of the Triples review, which will be the final phase of the review, is looking at top-up payments. It was right to do that, because there was a clear point.
In the case raised by the right hon. Member for Chingford and Woodford Green, I am very happy to try to see what is available to support it. I feel very deeply that we need to honour our obligations to those people who served alongside our forces, from the Afghan translators and interpreters who live in the constituency I represent, to the people who fought, and in some cases died, alongside our forces. The ARAP scheme is a generous scheme, but it was not intended, at its point of initiation or now, to cover all Afghans who fought in that conflict over 20 years. It was designed to support those who we can evidence had a close connection to UK forces, often defined by a contractual or payment relationship—in blunt plain-English terms—where a sizeable commitment has been made. That draws a line for some individuals who were employed by the Afghan national army, the Afghan Government and elements of the security structures that the Afghan Government had at that time, for which eligibility is not created despite their role. The Taliban regime has created chaos, instability and terror through many communities in Afghanistan since our departure. That is why, as a Government, we are trying to accelerate and deliver the Afghan scheme.
The hon. Member for North East Fife mentioned communications. That is entirely right. It is something I have been raising since becoming a Minister. We will introduce, from the autumn, a new series of communications designed to help people understand where their application is in the process. The new performance indicators will kick in from September time—roughly in the autumn—and that will seek to help people to understand where they are in the process. There is concern around understanding for how long a case will be dealt with. I also hope the performance indicators will have time-bound targets to help people be able to rate the performance of the Ministry of Defence. Certainly, when the Defence Secretary published his statement on the Afghan resettlement scheme at the end of last year, he made the case that we need to complete our obligation and bring the schemes to a close, and it is our objective to do so.
I will give way to the right hon. Gentleman; I hope the hon. Lady does not mind.
We are close to running out of time, I understand that. If I may, I just stress that the failing I am referring relates to the fact that the officer who commanded the garrison met this man regularly and had him at meetings in which they discussed future operations. He was trusted. He fed them intelligence. He helped support them, so that they did not go into areas where they should not have gone. The major who worked with this guy also made a statement about how important he was, even though, officially, there was not some kind of P45 that tied him to our pay structure. The reality is that he served us. All I ask is that the Minister recognises that, goes away and says, “This is not good enough. This individual needs to be saved very soon.” He may be dead. We do not have much time.
I am happy to continue the conversation with the right hon. Gentleman in the days ahead.
Question put and agreed to.