Overseas Territories

Lloyd Russell-Moyle Excerpts

Thursday 11th May 2023 Commons Chamber

[Alicia Kearns]

I am sure a number of colleagues plan to talk about that in their speeches, so I will make progress with my own points so that colleagues will not have their speeches cut short.

Our debate today is one not of a paternalistic House of Commons, but of a body of representatives that recognises that within families there are responsibilities but also great opportunities. Today, I will set out specific requests but also commonalities that need to be raised within our family. In response to the point made by my hon. Friend, it is worth reiterating that all British overseas territories enjoy the right to self-determination, as set out in article 1 of the UN charter. They decide their own Government and their own constitutional relationship with the United Kingdom. The fact that they have decided to maintain a constitutional link with us does not diminish this most sacred of rights. I am sure the whole House will join me in reiterating our wholehearted and unwavering commitment to defending that principle, in spirt and in law.

While we believe that there is no question or debate over the right to self-determination, some members of our family face those seeking to undermine that fundamental right. At the G20 talks in March this year, Argentina unilaterally ended the 2016 pact on the Falkland Islands. That was wrong. The Government must continue to reject any demands from Argentina to revisit the issue of the sovereignty of the Falklands. We must be clear that the right to determine the future of the Falkland Islands is the sole prerogative of its islanders. In 2013, 99.8% of all Falklanders who voted chose to remain British. There is no debate over the right to self-determination.

I draw the House’s attention to another area where the Falklanders require our support. Under the United Nations Committee of 24, the Falkland Islands is currently classified as a non-self-governing territory, but we know that is factually incorrect, both under the first Falklands constitution, signed in 1985, and under the new constitution, signed into law by Her Majesty the Queen in 2009. The Falkland Islands is self-governing but willing to refer its foreign and defence policy to the United Kingdom. The Government should help the Falklands to correct that misclassification, so that the Falkland Islands will be recognised at the UN as the proud, self-governing territory that it is.

On the subject of sovereignty, I turn to Gibraltar and its right to remain a UK overseas territory. Under the double lock guarantee, the UK has given a solemn assurance that it will never enter into any negotiation on Gibraltar’s sovereignty in which Gibraltar is not content. The post-Brexit negotiations are not yet concluded and we must ensure they are guided by the double lock principle. I am sure the House would condemn any future compromise on that. If, for whatever reason, Gibraltar is left with no negotiated outcome, I would urge the Government to provide the support needed to deal with any economic uncertainty and ensure the continued success of the Rock.

While overseas territories choose to remain part of our global family, that does not mean we should blindly accept the status quo. We should challenge ourselves to provide the best possible support for their individual hopes and needs, and try to support them to achieve those. We should embed engagement across Government directly with overseas territories, rather than relying on all manner of priorities to be dealt with through the Foreign, Commonwealth and Development Office as some sort of arbiter.

There is widespread frustration about just how difficult it is to engage in even basic dialogue with Government Departments. Surely, given our belief in self-determination, it is only right that overseas territories make their own case to Government Departments, rather than relying on the Foreign Office to act as messenger. They make their own case best when their voices are heard. That will also help to tackle any lingering belief in paternalistic governance.

The Foreign Affairs Committee made that recommendation in 2019, because neither the territories nor their citizens are foreign. Therefore, it is fundamentally at odds to have them supported through the Foreign Office. I urge the Government to drastically change how OTs are treated. That starts with beefing up the powers of the overseas territories directorate so that it is not seen as some sort of backwater—I apologise to civil servants observing the Chamber today—and ensuring it has the powers that are needed and that Ministers give it sufficient focus. I also urge the Minister to have all Government Departments update their strategies on the OTs, because not one of them is less than a decade old. That cannot be right; we need to update the individual strategies.

The UK’s relationship with OTs is characterised by obligations and opportunities on both sides. We face problems, including in protecting our oceans. The British maritime estate is the fifth largest in the world. It offers sanctuary to a plethora of wildlife from the south Atlantic to the Indian and Pacific oceans. Some 94% of unique British wildlife can be found in the territories, from breeding turtles in Ascension, coral reefs in Pitcairn and great whales in the Falklands to the many species that call the tropical forests of St Helena and Montserrat home. In addition, I encourage all wildlife lovers to make sure they follow the long-awaited hatching of osprey eggs in Rutland, which is expected in the coming days.

Britain plays a leading role in global conservation, thanks to the partnership of our territories and two key initiatives: the Blue Belt and Darwin Plus programmes. Without our global family, this would not be the case. It is safe to say that our overseas territory communities contribute more to protecting the ocean, per head of population, than anywhere else on earth, so we should be grateful for their contribution as part of the global British family.

Environmental initiatives demonstrate the power of partnership, but there are other areas in which the UK can do more as a partner. One such area is education. All overseas territory citizens are British citizens, yet they were finally granted access to tuition loans when studying in the UK only in 2022. The process for applying for a tuition loan remains far too complicated for those from OTs, not least because they have to send in their applications by post, which may be convenient for people who live in Rutland or lovely Melton Mowbray, of pork pie fame, but is slightly more difficult for those who live in St Helena, which is nearly 5,000 miles from the UK.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

Does the hon. Lady not think it is a great shame that the newly established University of Gibraltar is not entitled to accept British students on home fees or to access the UCAS system? It works one way but it is not reciprocal, and that needs to change if we are a true family.

[Alicia Kearns]

The hon. Gentleman is absolutely correct. We may not always agree, but on that we absolutely do. I am sure that if Mr Speaker was in the Chair, he would be entirely in support of the hon. Gentleman’s point, because he is the Chancellor of the University of Gibraltar —I am sure he will reward the hon. Gentleman later this afternoon.

Education is key, and another issue is that should OT citizens come here to study, they cannot access maintenance loans to support them. University life is already too expensive and we can better support those who come to the UK. It is a matter of fairness.

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[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

I commend almost everything that the hon. Member for Rutland and Melton (Alicia Kearns) just said. I shall focus on a number of areas, one of which is the UN committee that looks at the decolonisation of territories. Currently, all our overseas territories are listed as non-self-governing territories; in fact, we hold most of the non-self-governing territories on that list. There are four ways to be removed from that list and becoming normalised in international relations.

I recently visited Gibraltar, where the Public Administration and Constitutional Affairs Committee has just launched an inquiry on the current status of the overseas territories. One of the deputy premier’s top priorities for Gibraltar was to be removed from that list. I had similar conversations in the Falkland Islands, where there is the same determined wish to be removed from it.

There are only four ways to be removed from the list. The first three are to become a sovereign state, to gain free association—a number of states have done so with New Zealand—or to be fully integrated into Britain. We should remind ourselves that that is the model that Malta voted for and asked for and that this place blocked it, which I think was wrong. I believe it must now be stated very clearly that that is always an option for any territory. I should love to hear the Minister say that, if a territory wants to be integrated—that is, to be able to send MPs to this place—it will be welcome to do so.

There is also the possibility of a bespoke option. The problem is that the UN committee consists of China, Cuba, Iran, Russia, Syria and Venezuela. While the first three options involve “yes or no” questions, the fourth requires a vote in the committee, and there is clearly no chance—no hope in this world—that its members are ever going to vote for a bespoke option for a British overseas territory. We must therefore find a clever solution that fulfils the aim of one of the other three—a solution that involves a binary choice, does not require a vote in the committee and involves a “yes or no” question—to allow those territories to be normalised in international law.

That is important to the overseas territories because it gives them access to certain elements of the United Nations, and allows them to stand proud on the international stage However, it also requires Britain to make it clear that these territories are self-governing and that they decide their future. I was pleased to hear what was said earlier about the British Indian Ocean Territory. We must make it clear that people who were displaced through no fault of their own should have the right to engage in discussions about the sovereignty of the piece of land concerned. We should, of course, also offer a decent remuneration package, whatever the outcome. Earlier Governments, both those led by my party and those led by the Conservatives, have been on the wrong side of history in this regard, and we must make amends.

Currently, the Crown dependencies and the overseas territories are treated differently by different Departments, namely the Ministry of Justice and the Foreign, Commonwealth and Development Office. I do not think that that is right today. In my view, we should have a Department that looks after the overseas territories and the Crown dependencies, with a Secretary of State. That might sound like a big ask, but we have Secretaries of State for Northern Ireland, Wales and Scotland, although those nations and regions of the United Kingdom effectively govern themselves and perform their own tasks. The Secretaries of State are there to ensure that the wheels are oiled in their negotiations and deliberations with the British Government. I believe that the overseas territories and Crown dependencies deserve nothing less and that is what we should offer them.

It seems wrong to me, in this modern world, that when we are negotiating international treaties there is no representation for the OTs. Britain intervened on Bermuda to stop its laws on the declassification of cannabis. I think it was right for it to do that. It was wrong for Britain to intervene on the basis of international treaties on which Bermuda had had no say in this place. I hope that we can resolve that issue as well.

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[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I had the great privilege and honour of visiting the British Indian Ocean Territory in 2019 when, at the invitation of the Foreign Office, we had the opportunity to inspect the extraordinary naval facilities that we share with the Americans on those islands. The right of self-determination is a bedrock of all the British overseas territories, yet, in the case of the British Indian Ocean Territory, the right of self-determination is being trashed and completely ignored by this Government.

I rise to express my dissatisfaction with this Government and their handling of the situation. The Chagossians, those beautiful people, were expelled from their islands in 1968 to make way for an American military base, and they were treated appallingly by Mauritius. Some Chagossians came to the United Kingdom and some went to the Seychelles, but others went to Mauritius, and the Mauritians treated them as second-class citizens. Mauritius spent the money it was given to look after them on other things.

The Chagos islands are 2,000 km from Mauritius and have never been part of that country. When we gave Mauritius her independence in 1965, it was made abundantly clear that these islands were to be portioned off and would remain under British control. Moreover, we gave Mauritius more than £3 million of British taxpayers’ money as final settlement for the islands. Think for a moment just how much £3 million was worth in 1965, yet now, more than 50 years on, Mauritius is determined to overturn this agreement and seize the islands from Britain. We have lost rulings on this issue in the International Court of Justice, where Mauritius has taken us for arbitration. The right of self-determination should be at the forefront of our conduct. The negotiations with Mauritius must stop, and the Chagossians, of whom there are about 4,000, must be allowed to return. There must be a referendum of the Chagossians in the British Indian Ocean Territory on whether they want independence or to remain British. I know from all my conversations with the Chagossians that they are proud Brits, and they want to remain part of the British family.

[Lloyd Russell-Moyle]

The total territory of the Chagos islands is 10 times the landmass of Gibraltar, which we also use as a naval and military base. Does the hon. Gentleman agree that a thriving community could be created in those islands alongside and supporting the military? The binary option being pushed by the Government is detrimental to all sides.

[Daniel Kawczynski]

I completely concur with the hon. Gentleman’s sentiments. The Chagossians are descendants of slaves from Africa and Madagascar. They have their own language, their own food, their own music and their own traditions. Their 58 islands are a paradise in the middle of the Indian ocean, and to hand their territory to a foreign country is colonialism on steroids. It would be an absolute disgrace if that were to happen.

Let me say how disappointed I am with other British overseas territories—some of them are with us in the Gallery today—who are eloquent in demanding their rights, including the right of self-determination. Gibraltar, in particular, is always effective in lobbying us. However, a key term of emotional intelligence, which is a subject I have recently been studying, is interdependence. The overseas territories are letting themselves down by not putting enough pressure on the British Government over the rights of the Chagossians. If the Chagossians’ rights are ignored today, it will be the rights of the other overseas territories that are ignored in the future.

We are re-entering the Indian and Pacific oceans. As you will remember, Mr Deputy Speaker, Lee Kuan Yew remonstrated with us in 1971 for leaving our bases in Singapore. We were going through a period of malaise at that time, lacking in confidence. The AUKUS naval agreement we have signed with the Americans and the Australians to re-enter the Indian and Pacific oceans is essential, particularly as we see growing Chinese expansion in the South China sea, stealing hundreds of atolls from the Philippines, Vietnam, Malaysia, Brunei and other territories, pouring concrete to turn them into giant military installations.

I asked the then Foreign Secretary about this seven years ago, and the response was, “We don’t have an opinion about the disputed uninhabited atolls in the middle of the Indian ocean.” We are turning a blind eye to Chinese expansionism in the South China sea while bending over backwards to accommodate Mauritius’s spurious claim to our islands. This year we are entering CPTPP, the world’s fastest-growing trading bloc, so this area will become increasingly important to the United Kingdom.

I feel so passionately about this issue because it goes to the nub of how our relationship with the British overseas territories will develop and be protected for the future. Please let us combine to challenge the Government on their outrageous, nefarious and immoral conduct over the British Indian Ocean Territory.

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[Karen Bradley (Staffordshire Moorlands) (Con)]

I pay tribute to my hon. Friend the Member for Rutland and Melton (Alicia Kearns) for securing this debate. I wish to make a brief intervention in my capacity as the Chair of the House of Commons Procedure Committee. It has struck me, in the work we are carrying out, that in this place we often fail to recognise the impact of what we do here on those very important parts of our family, the overseas territories and the Crown dependencies.

I was struck by that most when I visited Gibraltar last year as a delegate of the BIMR—British Islands and Mediterranean region—meeting of the women’s part of the Commonwealth Parliamentary Association. There are a lot of acronyms. Our delegation was very ably led by your colleague, Mr Deputy Speaker, my right hon. Friend the Member for Epping Forest (Dame Eleanor Laing).

As parliamentarians do when we get together, we talked about how often we meet, what the hours are and what the facilities are like. We were shocked to discover that in Gibraltar, the Parliament had not met for about five months. In fact, last year the Parliament in Gibraltar met on only six occasions. It has already met on eight occasions this year. The reason we were given for the meetings of Parliament not happening was that there simply was not capacity in the system to have Parliament meeting while Gibraltar, which is on the frontline of the land border with the European Union, was absorbing the impact of the UK leaving the EU.

I pass no judgement on the decision to leave the European Union; this is not a comment on that. The comment I want to make is that I do not think we, in this place, thought about that. I have a horrible suspicion that, when we were debating that decision, the impact on places like Gibraltar and other overseas territories simply was not discussed. I do not disagree that these issues are talked about at a ministerial level, and I know the Joint Ministerial Council discusses them, but where in our procedures do we have the ability to give a voice to our friends, our family, in the overseas territories and Crown dependencies?

[Lloyd Russell-Moyle]

The right hon. Lady makes an important point. My view, as I have expressed, is that we should have MPs here with voting rights. Other areas do it differently. In the US, for example, there are representatives without voting rights, but with full participation rights. We must find a solution along those lines, otherwise we are all negligent. They are the best people to make their own voices heard.

[Karen Bradley]

I agree with the hon. Gentleman that the best people to listen to on these matters are those from the overseas territories—and, I must say, the Crown dependencies, which are also impacted by what we do.

Our inter-parliamentary relations are incredibly important. The CPA, the British Group of the Inter-Parliamentary Union, which I chair, and the British-Irish Parliamentary Assembly, which I am honoured to co-chair, are important forums in which we can have dialogue and discuss these matters, but we simply do not allow them to be heard in the legislative process.

The Procedure Committee, which I chair—my hon. Friend the Member for Bracknell (James Sunderland) is a fellow member—has been discussing, as part of an inquiry we have been carrying out for some time on the territorial constitution, how we might work better as the UK Parliament in Westminster to appreciate the impact of what we do on the devolved nations, the Crown dependencies and the overseas territories. As Chair of the Committee, I intend to ensure that we think about real changes to procedure that we could recommend and that this House could adopt.

I sense from what has been said in the Chamber that there is an appetite to build into our processes and procedures the ability for those voices to be heard. As we have heard, the overseas territories matter so much to us in Parliament, for many reasons—I will not repeat them. They matter to our constituents and to the whole of the United Kingdom, and we must make sure that when we make decisions in this place, they do not have unintended consequences that adversely affect our friends, because that would be tragic.

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[Mr Jones]

My hon. Friend makes an important point. Of course, the Government’s position is that the individual overseas territory should enjoy self-determination. I spoke to a number of Gibraltarians who were very keen on the idea of integration, and I am sure that that would be the case in a number of other overseas territories, too. PACAC will consider that in the context of its inquiry.

[Lloyd Russell-Moyle]

Was it not surprising that everyone we spoke to in Gibraltar and a number of people I have been contacted by from other overseas territories said, “I support it, but I’m sure someone else will be against it, and I don’t want to make waves.” There might well be overwhelming support, but it has never been properly tested by the populations of those areas.

[Mr Jones]

The hon. Gentleman is entirely right. I do not think I met a single Gibraltarian who was averse to the idea of integration with the United Kingdom. This is something that we need to consider carefully.

It is clearly the case that many Gibraltarians now—particularly younger ones—regard a trip to the United Kingdom essentially as a bus trip; they use the easyJet and British Airways services quite routinely. They regard themselves already as de facto integrated with the United Kingdom, so the constitutional status of the overseas territories in that regard must be considered. To repeat, this will have to be carefully considered in the PACAC inquiry.

To conclude, the British overseas territories are important elements of the global British family and, as is clear from this debate, are highly valued by Members on both sides of the House. The Government and the House should be careful to ensure that their interests are reflected and protected, and those issues will be carefully considered by PACAC in the course of its inquiry.