Diego Garcia Military Base and British Indian Ocean Territory Bill

Lord Coaker Excerpts

Committee stage
Tuesday 25th November 2025 Lords Chamber

[Lord Hannan of Kingsclere (Con)]

It is a very good point. I think there is a divergence, exactly as in this country, between the permanent apparat and the rest of the country, which would explain why my noble friend Lord Kempsell and the noble Lord, Lord Kerr, are speaking to very different sets of people. As the German ambassador to London in 1914 said to his French counterpart, “You have your information, we have ours”. It seems that there is at least a debate in the United States about this, and you can see why. As my noble friend Lord Bellingham said, there is a real prospect down the line that a future Mauritian Government may take a very different attitude towards the presence in the outer atolls of powers that are unfriendly to us. We have no assurance that we will always be on friendly terms with that republic.

The world is imperfect, I understand that. The world is sublunary. We are dealing with lesser evils, as is usually the case in politics. But when the Minister has justified this treaty and the treatment of the Chagossians, she has always done so by saying, “Our priority was the security of the base”. I just ask noble Lords on all sides to consider how this makes us more secure in an imperfect world than we are at present. We have obvious sovereignty over the entire region at the moment. We have the great advantage of its isolation. There is no prospect of anybody taking a leased island and putting any kind of listening infrastructure or anything else nearby. How does moving from where we are now to what is proposed in this treaty make us more secure, even if we set aside all the wrongs being done to the Brits of Chagossian origin?

I thought the noble Lord, Lord Kerr, was on to something when he asked, “What if the Americans were to change sides?” But I am not sure that quite makes the point he intended. I just invite noble Lords to consider the wholly pecuniary terms in which Mauritius has considered this territory: not as part of its own demos, not as part of its own nation, but as an investment and a way of raising money—of paving its streets with gold, as my noble friend said earlier. Would it not be the ultimate humiliation if Mauritius were to trouser the sum of money that we are now paying it and then to turn around and sell the base to the United States? Where would that leave this Government? I would love to hear the Minister’s reply.

[The Minister of State, Ministry of Defence (Lord Coaker) (Lab)]

I thank all noble Lords who have contributed to an important set of amendments, and I thank them too for the way in which they have put those amendments. There is clearly some disagreement between us, but there is no disagreement over the fact that every single person in the Chamber is seeking to ensure that we protect the security of the nation and the security of Diego Garcia, and on the importance of that base to us. I start from that point. There were a couple of times when noble Lords almost seemed to question that. I do not question it at all. I do not agree with everything that has been said, but I do agree with the right to challenge how we take this forward, because out of that come better legislation and more clarity. While I do not agree with the need for some of the amendments, some of the comments that those amendments require to be made from the Dispatch Box are important. I wanted to set that context out for noble Lords.

I also just want to say this, because I think it is important. I do not want to have a Second Reading debate again but the noble Lords, Lord Kerr and Lord Beamish, and others have made this point: the Government, whatever the rights and wrongs, are trying to bring stability. The noble Lord, Lord Hannan, disagrees with the treaty, and it is fair for him to make that point, but the Government’s point of view is that we are trying to bring stability and certainty to an uncertain situation. The noble Lord disagrees with that, as do a number of noble Lords, including the noble Lord, Lord Callanan. But that is the Government’s view. The Government’s view, in answer to the challenge the noble Lord raised, is that we are changing it because we are trying to bring certainty to an uncertain situation. We believe we have done that, and we have made certain that we have secured one of the most important military bases—if not the most important military base—for ourselves and the United States. The noble Lord does not accept that or agree with that, but that is the alternative proposition the Government are making.

It is really important, therefore, to say, in answer to the points made by the noble Lords, Lord Morrow and Lord Weir, and others, that we would not have gone forward with this were it not for the fact that the Americans support it. The noble Lord, Lord Kerr, is right. We can say, “Well, the Americans said this” or “The Americans said that”. I am going to quote this, because I think it is really important. The US Secretary of State, Marco Rubio, said that

“the United States welcomed the historic agreement between the United Kingdom and the Republic of Mauritius on the future of … the Chagos Archipelago … this agreement secures the long-term, stable and effective operation of the joint US-UK military facility at Diego Garcia. This is a critical asset for regional and global security … We value both parties’ dedication. The US looks forward to our continued joint work to ensure the success of our shared operations”.

That does not mean, as the noble Baroness, Lady Goldie, supported by the noble Lords, Lord Kerr and Lord Ahmad, and many others, said, there are not challenges to that and what it actually means in practice. But it is a pretty fundamental starting point for the UK Government to be able to directly quote US Secretary of State Rubio saying that the US supports what this Government are doing and taking forward. I lay that on the table as the context for trying to answer some of the points and considerations that have been made.

Some of the points and comments—I say to the noble Lords, Lord Morrow, Lord Weir and others, and even to an extent to the noble Baroness, Lady Hoey—are perhaps better dealt with in some of the other groups, particularly on the rights of the Chagossians. My noble friend Lady Chapman has answered on this at great length and will continue to do so as we move forward. That context is really important for the debate and the discussion we are having.

I will try to deal with some of the amendments. It will take a little while and I hope that noble Lords will bear with me. Amendment 18 from the noble Lord, Lord Callanan, seeks to prevent the presence of non-UK and non-US civilian personnel in the Chagos Archipelago. The treaty gives the UK control over these matters. The security provisions were, as I have said, designed and tested at the highest level of the US security establishment, which supported us in proceeding with the deal.

On Amendment 34 from the noble Baroness, Lady Goldie, let me be clear: the entire treaty is designed to preserve the UK’s ability to take the necessary steps to preserve the long-term, secure and effective operation of the base. Article 3(2)(c) states clearly that the UK has

“the full responsibility for the defence and security of Diego Garcia”.

Mauritius and other states should have no doubt—this is the importance of comments made here—about our willingness to exercise our responsibilities in a manner that ensures the long-term, secure and effective operation of the base.

--- Later in debate ---

[Baroness Goldie (Con)]

Forgive me for being slightly behind the curve; I was trying to follow the sections in the annex. The Minister referred to Annex 1(11), in particular the definition of “unrestricted”. That paragraph states that

“‘unrestricted’ means not requiring permission or notification, subject to the standing authorisations and notifications separately agreed between the Parties to meet the requirements of international or domestic Mauritian law or current practice”.

For the sake of clarification, what are these “standing authorisations and notifications”?

[Lord Coaker (Lab)]

If I am wrong on this, I will write to the noble Baroness and put a copy in the Library so that all Members can access it. My understanding is that the crucial bit of Annex 1(11)(c) is

“‘unrestricted’ means not requiring permission or notification”.

The phrase,

“the standing authorisations and notifications separately agreed between the Parties”,

refers to things contained within the treaty. I will write to the noble Baroness to clarify that. I am grateful to her for pointing it out.

The fundamental point I am trying to make—which I think the noble Baroness and the noble Lord, Lord Ahmad, made—is that we have an obligation under the treaty to notify Mauritius of activities emanating from the base but we do not have to seek its permission. “Expeditiously” notifying does not mean notifying before we take any agreed action. Those were the points that I thought the noble Baroness was making, but I will certainly seek to clarify exactly where that takes us with Annex 1(11)(c). I will write to the noble Baroness and provide a copy to others. I thank her for raising that.

The treaty specifically confers on the UK the unrestricted ability to

“control the conduct and deployment of armed operations and lethal capabilities”

in respect of Diego Garcia. Given that there is no question over operational freedom on Diego Garcia, it is unclear what necessary derogations the noble Lord, Lord Kempsell, is seeking. The annex gives the UK the extensive rights that we would need in such a situation.

The noble Lord, Lord Kempsell, raised reporting restrictions. His Majesty’s Armed Forces and the intelligence services routinely produce reports for the Prime Minister on all types of security matters. I reassure the noble Lord, and other noble Lords, that this will include operational issues arising on the Diego Garcia base. There is no requirement for this to be made a statutory obligation, as Amendment 81E seeks to do. Additionally, Amendment 81F would represent an unusual interference with the prerogative to conduct international affairs and to make or unmake treaties. Noble Lords will understand that there is often a need for confidentiality in international discussions.

The clock is flashing away and the Whip is getting jumpy next to me. I shall have a look at Hansard and I shall write to noble Lords in the debate with anything that I have not covered and any questions that have not been answered and make sure that the amendments that I have not responded to are responded to. I shall send the letter to noble Lords in the debate. Let me be clear: I shall write to noble Lords about two or three of the amendments that I have not covered, copy the letter to noble Lords and put a copy in the Library. I hope that that is acceptable to everyone.

I thank noble Lords for a really interesting and important debate on the security provisions of the treaty and ask the noble Lord to withdraw his amendment.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Lord Coaker Excerpts

Committee stage
Tuesday 25th November 2025 Lords Chamber

[Baroness Goldie (Con)]

My Lords, my Amendment 88 in this group is very much in a similar vein to my earlier amendments, although I see I do not have the presence of my newly acquired fan—the noble Lord, Lord Kerr of Kinlochard—to encourage me. I seek reassurance that the

“unrestricted access, basing and overflight”

provisions in Annex 1(1)(a) of the agreement includes the right of the UK to allow nuclear-propelled vessels and nuclear-armed vessels and aircraft to enter the sea and airspace of Diego Garcia.

Although not in the amendment, the annexe of the treaty referred to also specifically covers the United States of America, and, for the avoidance of doubt, I include it in the confirmation I seek from the Secretary of State in this amendment. Again, I am asking that this be confirmed by the Secretary of State before the Bill can come into force. In this respect, I am perhaps baring my teeth more than my noble friend Lord Lilley, which is a rather unusual situation.

As my noble friend Lord Lilley pointed out, Mauritius is a party to the Pelindaba treaty, which establishes the African continent as a nuclear-weapon-free zone. This prohibits the research, development, manufacture, stockpiling, acquisition, testing, possession, control or stationing of nuclear weapons in any signatory state. Article 7 of the Mauritius treaty states that both Mauritius and the United Kingdom confirm that no

“existing international obligations or arrangements … conflict with the provisions of this Agreement, and that nothing in this Agreement shall affect the status of existing international obligations or arrangements except as expressly provided for in this Agreement”.

Annex 1 of the treaty states that the United Kingdom retains

“unrestricted ability to … control the … deployment of armed operations and lethal capabilities”.

Nuclear weapons are lethal capabilities. So Britain and the United States must, as per the terms of the treaty, have an unrestricted ability, surely, to house nuclear weapons or to dock nuclear submarines at the base on Diego Garcia should we choose to do so. Yet that would appear to require an express provision in this treaty, and I cannot find it.

Article 7(3) appears to seek to allay those concerns, but I would welcome an absolute clarification from the Minister. Will Mauritius’s membership of the Pelindaba treaty prevent us basing Vanguard-class submarines or, in the future, nuclear-armed aircraft, or the United States stationing any nuclear weapons at the base on Diego Garcia? That is a question that I require answered. This cannot be left in doubt—hence my requirement that the Secretary of State publish a statement to confirm the matters I have raised before this Bill comes into force, so that everyone is clear about what the UK and the US can or, perhaps more alarmingly, cannot do. As my noble friend Lord Lilley commented, although they are not directly covered by the Pelindaba treaty, my amendment also makes reference to nuclear-propelled vessels and, for the avoidance of doubt, I seek reassurance that Mauritius would not take exception to that. I look forward to the Minister’s response.

[The Minister of State, Ministry of Defence (Lord Coaker) (Lab)]

My Lords, I thank the noble Lord, Lord Lilley, and the noble Baroness, Lady Goldie, for their amendments. I appreciate that they have questions about how the treaty protects the full operation of the base, and I want to reassure them that the treaty enables the continued operation of the base to its full capability. The treaty and the Bill we are debating today will have zero impact on the day-to-day business on Diego Garcia. Importantly, it will not reduce our ability to deploy the full range of advanced military capabilities to Diego Garcia. I am putting some of this on the record, and the noble Baroness, as a former Defence Minister, will know the careful calibration of the language that I am using: I am putting it on the record so that we are all clear.

As I say, noble Lords will understand that I pick my words with care in this particular context. I cannot and will not discuss operational matters on the Floor of this place, but I am confident that the Chamber would not necessarily want me to. The long-standing UK position of neither confirming nor denying the location or presence of nuclear weapons must stand. But let us talk about the hypothetical. The amendments from the noble Lord, Lord Lilley, and the noble Baroness, Lady Goldie, concern the application of the Pelindaba treaty. Mauritius is a signatory, as the noble Lord, Lord Lilley, and the noble Baroness said, to the treaty. The UK is not a signatory to the treaty but is a signatory to Protocols 1 and 2. I can confirm to the Chamber that the Governments of the UK and Mauritius are both satisfied that the Diego Garcia treaty is compatible with these existing obligations.

I also remind colleagues, because this is important—again, I think the noble Lord, Lord Lilley, if I remember rightly from his remarks, and, indeed, the noble Baroness raised this—that we are not alone in the matter. The Government of the United States have also tested all aspects of the Diego Garcia treaty in depth and at the highest levels of the security establishment. They, too, are satisfied that it protects the full operation of the base. Indeed, when I was talking about the earlier amendments in answer to that, I quoted the remarks of Secretary of State Marco Rubio and his comments about being satisfied with the treaty in every aspect.

Amendments 63 and 88 therefore are not necessary. We do not need a review of the impacts of nuclear treaties on the future operation of the base, as the noble Lord, Lord Lilley, has proposed, because the future operation of the base has been protected. I say to the noble Baroness that we do not need to reopen paragraph 1.a of Annex 1 to the treaty, as has been suggested, because this already provides for unrestricted—that is the key word—access for UK and US vessels to enter the sea of Diego Garcia. Paragraph 1.b.i provides for unrestricted ability to control the conduct and deployment of lethal capabilities.

[Baroness Goldie (Con)]

I am grateful to the Minister for giving way. I do of course understand the sensitivity of not discussing operational activity in a public domain. However, if I revert to the Minister’s understandable reliance on what I described at Second Reading as that “huge protection” in Article 1, that is explicitly in contradiction with Article 7(1). Article 7(1) says expressly with reference to international obligations or arrangements that, if they are not to be obtempered or agreed to, that must be provided for in this agreement. That is the dilemma that is perplexing my noble friend Lord Lilley and myself. We seem to have on the face of this treaty a self-evident contradiction.

[Lord Coaker (Lab)]

I understand the point that the noble Baroness is making. What I am saying to her is that the Government of Mauritius, the Government of the UK and the Government of the US see no contradiction in what the treaty says, and explicitly lays out, in respect of the ability of Diego Garcia to operate in the way that it has always done, with the lethal capabilities as outlined elsewhere in the Bill.

I hope that is helpful to the noble Lord, Lord Lilley, and the noble Baroness as reassurance that the situation will stay the same as it is now. As I have said, all those three parties to that treaty are confident that that remains the case.

I will say, however, that, although resisting the amendments, I am grateful that they were tabled. They are really important amendments to have made in order for the Government to have put on the record important elements of the treaty and the Bill. We have been able to clarify for the Chamber, and for those who read our proceedings, that the position that we would all want to see will continue with respect to Diego Garcia and that the full capabilities will be maintained.

Let me be absolutely clear: the full operational use of the base is protected to ensure that the base is able to continue in every way that it always has done. I hope that is helpful. On the basis of the reassurances that I have made and the comments that I have put on the record, I hope that the noble Lord, Lord Lilley, will feel able to withdraw his amendment.

[Lord Lilley (Con)]

That is very helpful and I entirely respect what the Minister says. He is a man of obvious integrity and commitment to the defence of this country. I am comforted that he is speaking for the Government, and therefore that the Government will maintain the freedom to use the Diego Garcia base to its full capabilities. I am not persuaded that that is necessarily in line with the Pelindaba treaty. That does not worry me so much. It may worry the noble and learned Lord, Lord Hermer, or any future Lord Hermer in Mauritius, but let us hope that they will be ignored. So I will, of course, withdraw my amendment.