British Indian Ocean Territory

Jeremy Wright Excerpts

Wednesday 26th February 2025 Commons Chamber

[Priti Patel]

If I may caveat my remarks, unlike those unqualified, pretend lawyers—not even actual lawyers—Conservative Members believe that decisions over the future of key strategic military assets cannot be taken on advisory opinions issued and by motions agreed in international organisations, especially when such votes have been cast against us by nations, and indeed judges, who may pose a threat to us and have their own interests.

Britain is a global power, and we face global threats. The base of Diego Garcia is one of the most important strategic and military assets in the Indo-Pacific for us and for our US partners. If our sovereignty over the base and the Chagos islands is lost, diluted or compromised, we are weaker, and our rivals, competitors and enemies grow stronger.

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

Does my right hon. Friend agree that those who are led by lawyers—there is nothing wrong with that—should at least get the law right? If there is legal jeopardy here, does she agree that we should understand what that jeopardy is? She knows that the International Court of Justice cannot make a binding ruling against the UK on this matter because Mauritius is a member of the Commonwealth and we have not accepted its jurisdiction in those circumstances. If there is legal jeopardy that makes a deal necessary, does she agree that this is a good moment for the Minister to explain to us precisely what that legal jeopardy is?

[Priti Patel]

My right hon. and learned Friend absolutely speaks sense on this issue and that is exactly why I enjoyed working with him so much on some of the challenges we faced in government. That is exactly the point.

Turning to the substance, or proposed substance, in the proposed treaty, the Labour Government failed to provide any transparency over plans, but we are fortunate that the new Prime Minister of Mauritius, Navin Ramgoolam, and his Government have been much more open and candid about the negotiations, sharing the details of the humiliating concessions that Labour Ministers have made in this epic failure of diplomacy.

--- Later in debate ---

[Anneliese Dodds]

Thank you, Madam Deputy Speaker. Let me explain to Conservative Members, because I feel they are perhaps unaware of the fact that the ICJ advisory opinion is simply the most eye-catching of a huge number of legal concerns around the present situation. Those who had the genuine security of that base at the front of their minds would be determined to secure its future. Without a deal, it is inevitable that Mauritius would pursue a legally binding judgment against UK sovereignty.

Since 2015, 28 international judges and arbitrators have expressed views on the sovereignty of the Chagos archipelago. [Interruption.] Conservative Members are keen to shout. I wonder if they can tell me how many have agreed with the UK’s position. They are very quiet. That is because not a single one of those arbitrators and judges have expressed support for the UK claim about sovereignty. That lack of legal certainty would have real-world impacts on base operations and create space for our enemies. Some of those impacts would be on simple but crucial things, such as securing contractors and getting overflight clearances. I regret that the Opposition said not a single word about the issue of securing contractors and getting overflight clearances. There were other matters that they did not talk about.

[Sir Jeremy Wright]

The right hon. Lady is absolutely entitled to explain the Government’s position, but if her argument is that there is legal uncertainty, she had better get used to it, because there is legal uncertainty about a lot of things. If her argument is that lots of people disagree with the UK’s position, she had also better get used to that. As I have understood the Government’s position, it has thus far been that the advisory opinion we have received may one day become a binding judgment against the UK, obliging the UK Government to act as they now seek to do. I want to know from where that binding judgment may come, and I have not yet heard an answer.

[Anneliese Dodds]

I note that when the right hon. and learned Gentleman talked about the potential for real-world consequences coming from legal uncertainty, some on the Conservative Benches laughed. We do not find this subject amusing; we view it as incredibly serious. If we do not have a deal with Mauritius, Conservative Members know that it would have every incentive to do a deal with someone else. We would face the risk of joint military exercises around the base—I did not hear a single word about that from Opposition Members. We would face the risk of other countries setting up outposts on surrounding islands, which appears not to be a concern for Opposition Members. We would also have the risk of hostile actors trying to interfere with crucial communications, and crucial communications they are. That is what is in our strategic defence interest, which the shadow Foreign Secretary mentioned. Without a negotiated solution—