British Indian Ocean Territory

James Cartlidge Excerpts

Wednesday 28th January 2026 Commons Chamber

[Dr Luke Evans]

rose—

[James Cartlidge (South Suffolk) (Con)]

rose—

[Lincoln Jopp (Spelthorne) (Con)]

rose—

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[Seema Malhotra]

I will continue my remarks, but I will give way shortly.

It is, therefore, the UK’s long-standing legal view that if Mauritius challenged us again in the courts, we would struggle to defend our position. Our Indo-Pacific foothold and the operation of the base could be put at risk within weeks. That is why the Government remain fully committed to the deal to secure the joint UK-US base on Diego Garcia, which is vital for our national security.

[James Cartlidge]

This is a fundamental point. The most sensitive part of our military is the nuclear deterrent; it is critical to the defence of ourselves and our allies. The United States is also nuclear armed. We are a naval nuclear nation, and the base at Diego Garcia is a critical naval base in strategic terms. Yesterday, it was reported that the Deputy Prime Minister of Mauritius, Mr Bérenger, had declared that nuclear weapons could not be stored on Mauritius if sovereignty is restored to Mauritius. Does the Minister understand that to be the case?

[Seema Malhotra]

I thank the shadow Defence Secretary for his intervention. It is a long-standing policy, as he will know this from having been in government, that we do not comment on operational matters or the location of nuclear weapons.

The Opposition know—[Interruption.] Perhaps I may make some comments on the Pelindaba treaty—

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[Calum Miller]

I am grateful to the right hon. Gentleman for his intervention, but I was in the Chamber on Monday when he remarked that it was a fine aspect of joint working between Reform and the Conservatives to bring in that view from Donald Trump. I do not think it is appropriate for the leader of Reform to be whispering in the ear of the US President to upset negotiations. The right hon. Member makes a brave point when he appears to suggest that the fact that the US President has moved in one direction recently means that it will be sustained in the future. That notwithstanding, it is the case that the US President has recently made those remarks about the Chagos islands, and we will have to take those into consideration during the progress of the Bill.

We need to reflect on the other outstanding problems with the Government’s proposed legislation. Since the start of debates over the treaty, Liberal Democrats have been the only party consistently championing the rights of Chagossians. That stands in contrast with the Government’s lack of substantive engagement with the Chagossian community. Chagossians have been denied a meaningful say in their future and the provisions of the treaty shamefully fail to affirm their rights. But that is not only a failing of the Government; indeed, despite the remarks of the shadow Foreign Secretary, the motion we are debating today in her name includes not a single reference to the Chagossian community. That is addressed in the amendment in my name on behalf of my party.

[James Cartlidge]

Did you hear her speech?

[Calum Miller]

I did indeed. My point is that when the Conservatives had the opportunity to provide the bases for their objection to the Bill, they did not once mention the rights of the Chagossian community.

It is clear that those rights are just as low a priority for the Conservatives as they are for the Government. When the Liberal Democrats proposed, in Committee of the whole House, an amendment to the Bill that would have provided for a referendum of the Chagossian people, the Conservatives failed to back it and the Government opposed it. Even at this late stage, however, I want to encourage the Government to reconsider their position. There remains a window of opportunity for the Government to support the rights of Chagossians and buck the historical trend of this community being left out of decisions about their future. Will the Government therefore support a second Liberal Democrat amendment in the other place that would require binding guarantees from the Government of Mauritius on the rights of Chagossians?

Another outstanding issue is the question of money. The Government are proposing to send billions of pounds to Mauritius, despite having what appears to be zero monitoring, evaluation or recall mechanisms built into the treaty. It is inconceivable that the Government would oppose the introduction of such measures or fail to support the principle that the UK should be able to cease future payments to Mauritius if the treaty were deemed no longer to support the UK’s security, so will the Government back a third Liberal Democrat amendment in the other place introducing meaningful and effective safeguards around the proposed vast sums of public funds due to be sent to Mauritius?

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[James Cartlidge (South Suffolk) (Con)]

May I begin by offering the Opposition’s condolences to the family of Captain Philip Muldowney of the Royal Artillery, who tragically lost his life training with the British Army this week?

It is a pleasure to close today’s debate on the Chagos islands, and to hold the Government to account for the total meltdown of their attempt to surrender sovereignty of the British Indian Ocean Territory without opposition. Well, today they are getting that opposition, and they are getting it from the Conservatives, because it is we who have exposed the total fallacy of the legal argument used to justify this crazy deal. And let us be clear: it is a truly crazy deal—one of the worst ever proposed to this Parliament. As every single one of my colleagues said in their excellent speeches, this deal involves our hard-pressed taxpayers, struggling as they are with an ever-growing tax burden since Labour came to power, handing over another £35 billion to lease back land that we already own freehold. It is our land, over which we have sovereignty, the ultimate guarantor of legal security in a dangerous world. Given that we need that money for our own armed forces; that billions of pounds is to be given to Mauritius, and will be used to cut taxes for its people; that Labour knows that the threats that we face are growing, and that we need Diego Garcia more than ever; and that the policy treats the Chagossian people with contempt, the public will be scratching their heads, and will ask a simple question: why are the Government doing this?

To be fair to the Minister for Defence Readiness and Industry, last September, he tried to spell out the reasons, and I will quote exactly what he said to justify this crazy deal:

“Had we not signed the treaty, we could have faced further legal rulings against us within weeks...Further legal rulings might have included arbitrary proceedings against the UK under annex 7 of the UN convention on the law of the sea, known as UNCLOS.”

He went on to say that such a judgment would ultimately threaten operations on the base, because it would

“impact on our ability to protect the electromagnetic spectrum from interference”—[Official Report, 9 September 2025; Vol. 772, c. 741.]

It is bad enough that the Government’s case rests entirely on rulings that “could” and “might” be made; worse still, the Government are failing to take into account our clearcut ability to reject any such hypothetical ruling.

We understand that the Government are afraid of legal action relating to the United Nations convention on the law of the sea, but article 298 of UNCLOS states very clearly:

“When signing, ratifying or acceding to this Convention or at any time thereafter, a State may, without prejudice to the obligations arising under section 1, declare in writing that it does not accept any one or more of the procedures provided for in section 2 with respect to one or more of the following categories of disputes”,

including, under (b),

“disputes concerning military activities”.

On operational threats to the base, the Government’s argument is that hypothetical action by UNCLOS might lead to further hypothetical action by the International Telecommunications Union, leading, hypothetically, to a threat to the electromagnetic spectrum on the base at Diego Garcia. Well, article 48 of the “Constitution of the International Telecommunications Union”, which is entitled “Installations for National Defence Services”, states, under section 1:

“Member States retain their entire freedom with regard to military radio installations.”

To clarify further, the telecoms Minister, the hon. Member for Rhondda and Ogmore (Chris Bryant), who is always a helpful soul, confirmed, in a written answer from last February to my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), that

“Individual countries have the sovereign right to manage and use the radio spectrum, within their borders, the way they wish, subject to not causing interference with other countries…The ITU cannot challenge the UK’s use of civilian or military spectrum.”

A slam dunk! Now we have it: we can challenge UNCLOS, where military bases are concerned, and the ITU cannot challenge our use of electromagnetic spectrum.

Is it not therefore the truth that there is no threat to this country if we maintain our sovereignty over Diego Garcia, but there is a massive threat if we surrender it? There are, for ourselves and the United States, clear and unambiguous threats to the most sensitive and critical things relating to our military operations—those that relate to our ability to use nuclear weapons and deter the most serious threats to our nation.

Yesterday, it was confirmed that the Deputy Prime Minister of Mauritius, Paul Bérenger, has stated that nuclear weapons could not be stored on Diego Garcia if Labour’s deal went through. That is crystal clear. That is because Mauritius is a signatory to the Pelindaba treaty, prohibiting the stationing of nuclear weapons across Africa, including all the territory of Mauritius. We repeatedly warned Ministers of the threat arising from the Pelindaba treaty, but they dismissed our concerns, and today they could not answer the questions at all.

Can the Minister tell us if anyone in Government has discussed the storage of nuclear weapons on Diego Garcia with the US Administration? In particular, has the Prime Minister at any point discussed this matter with President Trump? Is it not another example of the total madness of Labour’s crazy Chagos deal that we, who rely on a naval nuclear deterrent to keep us safe in a dangerous world, are surrendering sovereignty of one of the most vital naval bases in the world to a nation that has signed up to a treaty outlawing the stationing of nuclear weapons on that territory?

We have had some absolutely fantastic speeches today. I have to pay tribute to the hon. Members for Macclesfield (Tim Roca), and for Rugby (John Slinger), for answering the distress flare from their Whips Office. Labour had two more contributions today than it did in the urgent question the other day, when not a single Labour MP stood up in support of the Government. We Conservative Members, however, showed real passion, because none of us supports this deal; we have consistently opposed it. As my hon. Friend the Member for Bexhill and Battle (Dr Mullan) said, what does it say about our strategic priorities? As my right hon. Friend the Member for Wetherby and Easingwold (Sir Alec Shelbrooke) said, this is a Government without a strategic policy on China, so what message does the deal send, especially when we have agreed the Chinese super-embassy?

I have to give special mention to my hon. Friend the Member for Hinckley and Bosworth (Dr Evans), who gave an absolutely brilliant speech that totally demolished the Government’s case around the financial position—not a flesh wound in sight after that. He referred to the sketch with the Black Knight, but increasingly we think of another Monty Python sketch. The Government think that this treaty has been paused—that it is merely resting—but we increasingly suspect that this treaty is pushing up the daisies, and I can assure you, Madam Deputy Speaker, that we will campaign with every bit of fight we have to ensure that it is an ex-treaty.

[Tom Hayes]

On the question of cost, can the hon. Member tell the House how much the Conservative Government were offering for such a deal? Was it higher or lower than Labour’s offer? If he does not know, will he table a written parliamentary question or make a freedom of information request to the Foreign Office to find out?

[James Cartlidge]

I do not think the hon. Gentleman quite understands. We did not sign a deal; we would not sign a deal, because the terms were totally unacceptable, and they have got an awful lot worse since then—35 billion times worse. The cost is £35 billion—that comes from a freedom of information release from the Government themselves. That is an absolute disgrace, and it is why we will vote against the deal.

[Andrew Rosindell]

I have one simple question for the hon. Member. Is it now Conservative party policy to give self-determination and the right of resettlement to the Chagossian people?

[James Cartlidge]

The hon. Member knows that we have opposed this deal, but on self-determination, I would like him to ask his party leader, the hon. Member for Clacton (Nigel Farage), if he believes in the self-determination of the people of Ukraine, who have been invaded and brutally bombed by Russia. His leader still says that that was provoked by NATO. The hon. Member should be ashamed of that, if he believes in self-determination.

To conclude, I asked why the Government were surrendering land that we own freehold, only to lease it back for £35 billion. Is it not the same reason why they are surrendering our brave veterans to a new era of lawfare? Is it not the same reason why Labour gave up our fishing grounds, the most critical possession of an island nation, to access an EU defence fund from which it has not had a penny? We have a weak Prime Minister who always fails to put Britain’s national interests first. If Labour was strong enough to put our national interests first, surely it would stand up to Mauritius and reject this deal. After all, if the Government did that, they could spend the money that they saved on our armed forces, at a time when rearmament at home is on hold, precisely because Labour has failed to fund defence properly.

If there is one silver lining to having such a weak Prime Minister, it is his habit of constant U-turns. We have had 13 U-turns to date from this Government. Would the best thing for our national security not be for Labour to recognise that the game is up, to turn the pause on the Chagos Bill into a permanent full stop, and to scrap this terrible deal?

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[Luke Pollard]

Madam Deputy Speaker, I have been asked to finish early so that the shadow Cabinet can sit. I do want to ensure that I can get through as many questions as I can before those on the shadow Front Bench need to go and busy themselves in a meeting.

I will try to answer a few of the questions. The Liberal Democrat spokesperson, the hon. Member for Bicester and Woodstock (Calum Miller), asked a sensible question about the amendment that his party tabled in the other place. He will appreciate that it is a wrecking amendment, so we could not support it; he will also be clear, though, that we take the issues behind it very seriously. I am glad that he continues to raise the issues of the Chagossians, which are important.

The hon. Member for Romford (Andrew Rosindell), who now sits on a different Opposition Bench, raised the issue of resettlement on the outer islands. He made the case that resettlement on the outer islands will help to restore some dignity to the Chagossians, who have been treated appallingly for many decades. He will know that the deal we have signed with Mauritius includes the right to resettle on the outer islands and for visits to take place to Diego Garcia. It might not satisfy all his concerns on the matter, but I hope he can understand that that is a step forward.

I am grateful to my hon. Friend the Member for Macclesfield (Tim Roca) for his speech, in which he talked about uncertainty. As a Defence Minister, I am most concerned about uncertainty around the operation of the base and continuation of disruption. That is what this deal seeks to close off. He was right to raise the matter.

The right hon. Member for South West Wiltshire (Dr Murrison), a former Defence Minister, said that he learns something new every day. Every day can indeed be a school day, and what I have learned today is that when the right hon. Gentleman swapped from the Government Benches to the Opposition Benches, his opinion on the deal miraculously changed, too. He backed it when he was a Minister, and now, on the Opposition Back Benches, he opposes it. That does say something.

My hon. Friend the Member for Rugby (John Slinger) asked the very same question that I started with: why did the Conservatives start these negotiations? It is a question they still cannot answer.

I note that the hon. Member for Bexhill and Battle (Dr Mullan) has found his voice, but only after completing his chicken run from the seat he thought he was going to lose to his new one. Let me be absolutely clear on this point: it is shameful that the Conservatives are trying to drag other overseas territories into the mess they are arguing over here. In their speeches, Conservatives have tried to create the impression that the sovereignty of the Falklands is not secure. The Falkland Islands Government have noted that the agreement has

“no impact on the self-determination of the Falkland Islands people, and the existing and future relationship between the Falkland Islands and United Kingdom”.

Let us not hear any more Conservative MPs raising questions over the future of the Falkland Islands.

[James Cartlidge]

Will the Minister give way?

[Luke Pollard]

No, I will not. The hon. Gentleman has a meeting to get to and I am trying to help him get there. [Interruption.] I think he should sit down and prepare for his next meeting.

The right hon. Member for Wetherby and Easingwold (Sir Alec Shelbrooke) was a good voice in this debate. In an important and sound contribution, he talked about the change in the geostrategic picture. His work on the NATO Parliamentary Assembly gives him an added insight into the importance not only of the base and the UK-US relationship, but of making sure that we have a strong defence. We will continue to invest in our national security. I am proud of my country and proud of our armed forces. I am proud that we are increasing defence spending under this Government to the highest level since the end of the cold war, but there is more that needs to be done.

The hon. Member for Hinckley and Bosworth (Dr Evans) spoke for a good 20 minutes, but I am afraid that he seems to have read everything but the treaty itself. He was asking questions about what can be stored on the base. Annex 1 of the treaty says that there will be

“unrestricted access, basing and overflight for United Kingdom and United States of America aircraft and vessels to enter into the sea and airspace of Diego Garcia.”

It says that unrestricted ability means

“to control the conduct and deployment of our armed operations and lethal capabilities; and to control the storage of all goods, including but not limited to fuels, weapons and hazardous materials”

The shadow Defence Secretary forgets that we do not talk about the location of nuclear weapons, but the protections were designed and tested at the highest level of the US security establishment, who supported the UK proceeding with the deal. We continue to work closely with the US to ensure that the necessary arrangements are put in place.

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[Luke Pollard]

To help the Front-Bench team get to their shadow Cabinet meeting, I will not read out the same points again. [Interruption.] The shadow Minister invites me to do that, so I will. We are talking about the unrestricted ability to

“control the storage of all goods, including but not limited to fuels, weapons and other hazardous materials”;

I am very clear on this, but there are a few other questions that I want to get to.

The hon. Member for Spelthorne (Lincoln Jopp) spoke about value in his good, characteristic style. I liked his approach. When he spoke about comparison of value, it is worth noting that securing the continued operation of the base is roughly about £100 million a year. That compares favourably with the base that the French rent in Djibouti, which is next to a Chinese naval base. Our base secures a 24-hour nautical exclusion zone around it. Full control of the electromagnetic spectrum is something the shadow Defence Secretary does not seem to understand, but it is actually quite important.

[James Cartlidge]

On that point—

[Luke Pollard]

Oh, go on then. The shadow Defence Secretary can be late for his meeting.

[James Cartlidge]

The Minister is very kind. I have a very specific question. That annex does not mention nuclear weapons. We have asked about this repeatedly throughout the debate today. It is a matter of critical national security. The Deputy Prime Minister of Mauritius has clearly stated that nuclear weapons cannot be stored on the base. Is that correct—yes or no?

[Luke Pollard]

I feel like I have to read out the point for a third time. It is no wonder the Conservatives could not conclude the deal. Annex 1 says that it is unrestricted ability to

“control the storage of all goods, including but not limited to fuels, weapons and other hazardous materials.”

We do not comment on the location of nuclear weapons. The shadow Defence Secretary might remember that from when he was a Defence Minister.

Despite the boisterous amnesia we heard from the Conservatives in this debate, I hope that the voices of the Chagossians have truly been heard. There were some very good remarks about the Chagossians, including from the hon. Member for Bicester and Woodstock (Calum Miller) and the recently Reform-ed hon. Member for Romford (Andrew Rosindell).

It is important that the Chagossians have greater involvement. That is why we have set up a Chagossian trust fund. The hon. Member for Chester South and Eddisbury (Aphra Brandreth) asked earlier whether the Chagossians will have a say in the trust fund. Mauritius has confirmed, on 12 December, that it is putting in place legislation to enact the Chagossian trust fund. It will be run by Chagossians for Chagossians, and it will include UK-based Chagossians. I hope that goes some way to providing the clarity that the hon. Member was seeking.

I said that I would finish at five minutes to 4 so that the Opposition Front Bench can get to their shadow Cabinet meeting, so I will finish at five minutes to 4, because I am a man of my word.

Question put.