Diego Garcia Military Base and British Indian Ocean Territory Bill

Lord Bishop of Southwark Excerpts

Tuesday 14th April 2026 Lords Chamber

[Lord Coaker (Lab)]

My understanding, reading it again in preparing for this Statement, is that there is no right of return as it stands at the present time in the existing arrangements. What is proposed in the treaty allows a right of return for Chagossians to islands other than Diego Garcia. As far as I am concerned, that is what is contained within the treaty.

[The Lord Bishop of Southwark]

My Lords, I fully understand the sensitivities of the status of the islands in the light of the advisory opinion of the International Court of Justice, but will the Minister confirm that such an opinion does not have the force of law? I impress on the Minister that the view from these Benches is to give priority for consultations to Chagos Islanders and their descendants, for the very important preservation of the current marine protected reserve and to begin a fresh approach to a new settlement for the British Indian Ocean Territory.

[Lord Coaker (Lab)]

As I said to my noble friend Lord Boateng, discussions with the Chagossians are really important. Numerous meetings have been held with the Chagossians and those will continue in the future. I knew that somebody was going to ask me about the court issue and the binding judgment, so I asked lawyers about it. They tell me that Annex VII of the UNCLOS treaty would be binding were a judgment to be made under that particular provision. If that is wrong then the lawyers who have been advising me are wrong—I asked them because I thought the noble Lord, Lord Callanan, was going to ask me that particular question. Let me say again that Annex VII of the UNCLOS treaty is the binding judgment.