Diego Garcia Military Base and British Indian Ocean Territory Bill Debate
Full Debate: Read Full DebateJeremy Corbyn
Main Page: Jeremy Corbyn (Independent - Islington North)Department Debates - View all Jeremy Corbyn's debates with the Foreign, Commonwealth & Development Office
(1 day, 9 hours ago)
Commons ChamberI need to make progress, as Madam Deputy Speaker has asked me to be conscious of time. I will come back for further interventions.
Before moving on to discuss the specific amendments, I express my thanks to the noble Lords for their tireless efforts and to the many noble peers who scrutinised and supported the Bill. Lords amendment 4 was tabled by the Government, and I thank Lord Lansley for his helpful conversation and collaboration on the topic. The amendment will change the parliamentary procedure applicable to the delegated power in clause 6. With that amendment, all instruments made using that power will be subject to the negative procedure. Previously, no parliamentary procedure applied unless the power was used to amend, repeal or revoke Acts of Parliament or statutory instruments made under them. The amendment makes it clear that the Government are prepared to work with those who engage in genuine, constructive dialogue, rather than those who rely on political point scoring, to achieve meaningful compromise.
Turning to the other amendments made in the other place, I make it clear that the Government are thankful for all the scrutiny and are willing to engage with challenge. However, the other amendments are either already provided for or not necessary, or they simply make political points and play games with our national security, so we cannot accept them.
Lords amendment 1 would amend clause 1 to prevent the Bill and the treaty from entering into force until the Government had sought to renegotiate the termination clauses to include the base becoming unusable due to environmental degradation. That is unnecessary and I shall set out why. First, limiting the circumstances in which the treaty can be terminated protects the UK’s interests and those of the United States, which has invested heavily in the base. In line with the United States’ wishes, the previous Conservative Government agreed to limit termination to two grounds, both of which are in UK control, and this Government have secured that—
Let me make some progress on the issue of termination.
As I have said, limiting the circumstances in which the treaty can be terminated protects the UK’s interests and those of the US. The Government have secured that procedure.
Secondly, I reassure the House that, given the importance of the base, we are taking necessary steps to protect it from environmental damage. Working with the United States, again in partnership, we already have extensive measures in place, such as the coastal erosion programme, and scientific studies show that natural land loss over the past 50 years has been less than 1%. That said, we recognise the concerns of Lord Craig and Lord Houghton, and I would like to reassure them and Members of this House that the international law of treaties allows for the termination of a treaty when it becomes impossible for a treaty to be performed as a result of
“the permanent disappearance or destruction of an object indispensable for the execution of the treaty”.
Baroness Chapman set out the legal position clearly in the other place.
For further reassurance, since that debate we have consulted Mauritius to verify that it shares our assessment. I am happy to update the House that this has been confirmed in writing to the Government. Mauritius is clear on the point, both as a matter of international law and in its domestic law. We welcome that confirmation by Mauritius and trust that it will assure Members in this House and in the other place who share this concern that such an amendment is unnecessary.
It has been said that some hon. and right hon. Members have come to the debate on Chagos late in the day. That is right. The right hon. Member for Islington North (Jeremy Corbyn) has been banging on about Chagos for decades, and I admire him for doing so. I first became concerned when I saw how much it would cost the United Kingdom to pay for something that we own. As a litmus test, I asked myself whether I could explain to my constituents why we are going to pay an island nation that has no direct connection with Diego Garcia.
I thank the hon. Gentleman for his kind comments. Fundamentally, I spoke about Diego Garcia and the Chagos islands for many years because of the injustice that was done and the islanders’ right of return. The whole point has been to gain the right of return, which has been won through this Bill for the outer islands and, in a limited form, for Diego Garcia itself.
That is at the heart of what has gone wrong, and the right hon. Gentleman has been talking about it for a long time. The Chagossians were treated as itinerant workers in the 1960s, so they did not get the basic rights that people got in other British protectorates. They were discriminated against, and we are discriminating against them again by giving Mauritius the power to determine what goes on. The only solution to the central issue is not a survey, which the House of Lords is doing in good faith; it is to have a referendum, which has been ruled out of order today, for good reasons in procedural terms. We should give the Chagossians a say in a referendum on whether they want to return or not. Otherwise, it is all speculation.
I do not think the Minister explained why we should not take notice of the United Nations Committee on the Elimination of Racial Discrimination. That is fundamental, because the Committee goes back to the 1960s decision, and it sees what happened then, and what is being perpetuated now, as racial discrimination, and we and the Mauritians are perpetuating that. My hon. Friend the Minister did not really respond to that point, just as he did not really address what has changed. I have listened to many of his statements in this House, when he has said in good faith that the United States supports us. Regardless of whether it did so in the past—it probably did—it certainly does not support us now. Those are two reasons for pausing and thinking again: becoming compliant with the United Nations Committee on the Elimination of Racial Discrimination; and talking to the United States, because it has changed its position.
The amendments before us would not affect the core of the Bill, because that was dealt with in a very short period of time on Second Reading, on Report and in Committee, but they are important in as much as they ask for information. We are going to pay for something that we did not used to have to pay for. It will have consequences for our ability to look after our defence interests in the Indian ocean, and we do not know how much it will cost. Amending the Bill to give us an exact figure for those costs is important. Lords amendment 1 is also important if for some reason Mauritius changes its view or the islands disappear under water. I do not have the opportunity this evening to vote for what I would like to vote for, but I will vote for the amendments that the Lords have put before us.