British Indian Ocean Territory

Seema Malhotra Excerpts

Wednesday 28th January 2026 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Seema Malhotra)]

It is a pleasure to respond to this debate.

Let me start by saying that the Government oppose the motion. The treaty guarantees full UK operational control of Diego Garcia for generations to come.

[Sir Julian Lewis (New Forest East) (Con)]

On that point—

[Seema Malhotra]

Let me make a few remarks before I give way.

The motion proposes a wildly exaggerated cost, in contrast to the actual costings published by this Government at the time of the treaty’s introduction, which has been verified by the independent Government Actuary’s Department. The motion invokes an exchange of notes, which the Government have publicly confirmed is being updated with our US partners. It also attempts to bind parliamentary procedure on that exchange despite that exchange not having been finalised. That is not patriotic. That is political point scoring at the expense of our national security. It is a sad indictment of what the Official Opposition have become.

[Richard Tice (Boston and Skegness) (Reform)]

The Minister refers to the cost, but does she agree that the Government have confirmed that it is over £34 billion?

[Seema Malhotra]

No. Furthermore, I will have no truck with Reform, which has no record on supporting the security of our country, especially given what has happened in Wales.

The Opposition may not want to hear this, but they backed negotiations over Chagos every step of the way. Some 85% of the Chagos negotiations took place under the Conservatives, and were led by the former Foreign Secretary. [Interruption.] They may not want to hear this, but it is important to share that, in November 2022, the former Foreign Secretary said that through negotiations—[Interruption.] I think a lot of people are interested in the past.

[Mr Speaker]

May I ask the two Front-Bench teams to make interventions rather than having this running battle?

[Seema Malhotra]

Thank you, Mr Speaker.

[Sir Iain Duncan Smith]

On that point, will the hon. Lady take an intervention?

[Seema Malhotra]

Let me make a little progress before giving way to the right hon. Gentleman.

In November 2022, the former Foreign Secretary said that

“taking into account relevant legal proceedings, it is our intention to secure an agreement on the basis of international law to resolve all outstanding issues”.—[Official Report, 3 November 2022; Vol. 721, c. 27WS.]

In February last year, a spokesperson for the Leader of the Opposition insisted that negotiations over the islands were needed due to the international legal position. [Interruption.] I am referring to the current Leader of the Opposition—some might not remember who she is, but she is still in post, I believe. She may have defected to Reform.

What I will say—this is a serious point—is that there has been ample time for debate on this topic. Indeed, the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), debated it for more than two hours last week and for 45 minutes on Monday in an urgent question. Baroness Chapman of Darlington has spent hours debating the topic in the other place, including during an urgent question on Monday. We have committed to this deal and to these hours of debate because it is important that we do so. Courts had already begun to make decisions that undermined our position in relation to the security of the base.

[Sir Julian Lewis]

I am a little worried that the Minister is confusing Ministers coming to the Dispatch Box and not answering questions with proper scrutiny of what is going on, so here is a very specific question for her. She has heard previously about the Pelindaba treaty. Mauritius is a signatory, and all signatories have to declare their territories to be nuclear-free zones, effectively. If in the future the Americans, with our agreement and approval, wish to have some nuclear weapons permanently or temporarily on the base at Diego Garcia, will they be able to do so if Mauritius has sovereignty over the islands?

[Seema Malhotra]

I thank the right hon. Member for his comments. The answer to that question has been set out by Lord Coaker, and I will be laying it out—[Interruption.] The answer is yes, and it has been set out by Lord Coaker in the other place. I will come on to that in my remarks.

There have been questions from the Opposition today about the legal matters behind this treaty. It is important to say that Mauritius’s legal claim of sovereignty over the island of Diego Garcia is supported by a number of international institutions, including the UN General Assembly. The International Court of Justice considered this issue in the advisory opinion delivered in February.

[Sir Iain Duncan Smith]

Further to the point made by my right hon. Friend the Member for New Forest East (Sir Julian Lewis), I understand that the Prime Minister of Mauritius made it clear yesterday that he would not allow or agree to the placing of any nuclear weapons on the islands. Can the Minister please answer the question of how the Government can reassure the USA?

[Seema Malhotra]

I will be coming on to that point in my remarks. That is important.

I want to finish my point on the legal matters that have been raised. What the International Court of Justice said in its advisory opinion carries significant weight and is likely to be influential on any subsequent court or tribunal that considers the issues arising out of disputed sovereignty and whose judgment would be binding in international law. The ICJ—

[Several hon. Members rose—]

[Seema Malhotra]

I will finish my remarks on this point. The ICJ concluded that

“the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible”.—[Interruption.]

The right hon. Member for Rayleigh and Wickford (Mr Francois) may want to listen the next bit. The 2019 advisory opinion was followed in 2021 by a special chamber of the International Tribunal for the Law of the Sea in a case about delimitation of the boundary between Mauritius and the Maldives, which ruled that Mauritian sovereignty was inferred from the ICJ’s determination.

[Dr Luke Evans]

rose—

--- Later in debate ---

[Mr Speaker]

Order. Who are you giving way to, Minister? Three Members think it is them.

[Seema Malhotra]

I give way to the hon. Member for Hinckley and Bosworth (Dr Evans).

[Dr Evans]

Specifically on that point, the 2021 judgment did not have any British representation and rested on the UN’s non-binding judgment. We also know from the 2015 ruling that that court cannot preside over sovereignty, so how does it stand up to scrutiny that the Minister is saying that there is a dire need to hand the islands over?

[Seema Malhotra]

The hon. Member will know that these matters have been shared before with the House. Perhaps I may remind him what US Secretary Hegseth said:

“The UK’s (very important) deal with Mauritius secures the operational capabilities of the base and key”—[Interruption.]

[Mr Speaker]

Order. Dr Evans, do you have to keep chuntering? You have asked the question, and you are getting an answer. I do not need—[Interruption.] Order. I wouldn’t bother giving me backchat. I do not need a running commentary. Let’s calm it down a little. It does not look good on TV.

[Seema Malhotra]

Thank you, Mr Speaker.

I remind the hon. Member of what US Secretary Hegseth said:

“The UK’s (very important) deal with Mauritius secures the operational capabilities of the base and key US national security interests in the region.

We are confident the base is protected for many years ahead.”

[Several hon. Members rose—]

[Seema Malhotra]

I will continue my remarks, but I will give way shortly.

It is, therefore, the UK’s long-standing legal view that if Mauritius challenged us again in the courts, we would struggle to defend our position. Our Indo-Pacific foothold and the operation of the base could be put at risk within weeks. That is why the Government remain fully committed to the deal to secure the joint UK-US base on Diego Garcia, which is vital for our national security.

[James Cartlidge]

This is a fundamental point. The most sensitive part of our military is the nuclear deterrent; it is critical to the defence of ourselves and our allies. The United States is also nuclear armed. We are a naval nuclear nation, and the base at Diego Garcia is a critical naval base in strategic terms. Yesterday, it was reported that the Deputy Prime Minister of Mauritius, Mr Bérenger, had declared that nuclear weapons could not be stored on Mauritius if sovereignty is restored to Mauritius. Does the Minister understand that to be the case?

[Seema Malhotra]

I thank the shadow Defence Secretary for his intervention. It is a long-standing policy, as he will know this from having been in government, that we do not comment on operational matters or the location of nuclear weapons.

The Opposition know—[Interruption.] Perhaps I may make some comments on the Pelindaba treaty—

[Graham Stuart]

On a point of order, Mr Speaker. The Minister said that she would address the issue of whether nuclear weapons could go to Diego Garcia, and now she says that she cannot comment. Is that—

[Mr Speaker]

Order. No, no, no. You are on the Panel of Chairs. You know that that is not a point of order—it’s not even the start of one. You are trying to continue the debate. I am sure that you are on the list to speak, so you will get to make your points later.

[Seema Malhotra]

The right hon. Member could not have known it, but I was on the first line of a page of comments on that exact issue. I am sorry that he chose that moment to interrupt proceedings.

As I was saying, it is a matter of long-standing policy that we do not comment on operational procedures. The Conservatives know that and, of course, took the same approach in government. As the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth, told the Foreign Affairs Committee:

“We are confident that nothing in this treaty conflicts with our abilities to uphold international law, and to continue to operate the base as we do today.”

As Lord Coaker has—

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

On that point, will the Minister give way?

[Seema Malhotra]

I will continue my remarks. It is as if the Conservatives cannot decide who is speaking from the Front Bench today.

As Lord Coaker told the other place in November, the UK-Mauritius agreement

“enables the continued operation of the base to its full capability.”

He said that we will continue to be able to

“deploy the full range of advanced military capabilities to Diego Garcia.”—[Official Report, House of Lords, 25 November 2025; Vol. 850, c. 1313.]

It is not just us; the agreement has been tested at the highest levels of the US security establishment under not one but two Administrations. They too were satisfied that it protects the full operation of the base. We have agreed with the Mauritian Government that nothing in the treaty conflicts with our respective commitments, and we are absolutely clear that we can continue to operate the base as we have done and as we do now.

[Mr Francois]

Will the Minister give way on that point?

--- Later in debate ---

[Seema Malhotra]

No, I have been very generous in giving way. I will continue with my remarks. [Interruption.] Sorry, what was that comment?

[Mr Francois]

Frit.

[Seema Malhotra]

Is that in order, Mr Speaker?

[Mr Speaker]

Order. It is getting touchy in here. I want the debate to be tolerant and respectful. It is up to the Minister whether she wishes to give way. That word is in order. It has been used from the other side as well, so let us not forget our memories.

[Seema Malhotra]

Thank you, Mr Speaker.

Given the security risk, this Government, like the Government before us, made the decision to negotiate with Mauritius to secure a deal to protect the base and the UK. Our agreement ensures full operational control of Diego Garcia; a 24 nautical mile buffer zone where nothing can be built or placed without UK consent; a rigorous process including joint decision making to prevent any activities on the wider islands—some over 100 nautical miles away—from disrupting base operations; full UK control over the presence of foreign security forces on the outer islands, whether civilian or military; and a binding obligation to ensure that the operation of the base is never undermined.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Will the Minister give way?

[Seema Malhotra]

I will continue with my remarks for the moment. As I have said, we are confident that nothing in this treaty conflicts with our ability to uphold international law and continue to operate the base as we do today.

Moving on to the UK-US relationship, we have been clear that before the UK can ratify the treaty, we will need to do the following: pass primary and secondary legislation; update the UK-US exchange of notes; and put in place arrangements on the environment, maritime security and migration. This Government consider it our duty to protect the public. Therefore, it is our duty to pursue this agreement with clarity and resolve, and we will not put party politics ahead of national security, as we see the Opposition doing today.

We have made strong progress towards finalising an updated UK-US agreement and will reach an agreement on it before the agreement between the United Kingdom and Mauritius concerning the Chagos archipelago, including Diego Garcia, is ratified. These matters are still under negotiation, so it remains to be determined whether any updated agreement will be subject to ratification. We will keep Parliament informed about that.

[Lincoln Jopp]

I listened to the criteria that the Minister expressed before ratification is possible. Is American agreement one of the criteria that she considers essential?

[Seema Malhotra]

The hon. Member will have heard me say that before the UK can ratify the treaty, we will need to do the following: pass primary and secondary legislation; update the UK-US exchange of notes; and put in place arrangements on the environment, maritime security and migration. It is important—

[Several hon. Members rose—]

--- Later in debate ---

[Seema Malhotra]

I will continue with my remarks, because I want to finish shortly.

The strength of the deal and the protection of national security is exactly why the US endorsed the deal last year and why Secretary of State Rubio called it a “monumental achievement”. The agreement safeguards the interest of both the United Kingdom and the United States well into the next century.

I will briefly turn to costs. A financial contribution over 99 years was always necessary to safeguard the operation of such a vital base. We published comprehensive detail on the payment schedule alongside the treaty. That was laid in the House within minutes of the signature of the treaty. The figures used by the Government were verified by the independent Government Actuary’s Department, in line with standard accounting practices. Those who seek to imply that the Government have misled the public on that do so without the facts, so let me set those out.

First, the Office for Statistics Regulation welcomed the Government’s approach to setting out the methodology and confirmed that it is in line with the principles of intelligent transparency. Secondly, the Office for Budget Responsibility has confirmed that the discount rates used by the Government were the reasonable ones to use. Thirdly, the figures have been verified by the House of Commons Library and scrutinised by BBC Verify and The Independent. All those confirmed that the Government calculated the figures correctly.

Beyond the numbers, it is also important to debate, as this House has done, the challenges that have been raised in relation to the Chagossian community, and rightly so. It is a vibrant and diverse community that now sees the Conservatives’ political tactics. They are the same Conservatives who, after ruling our resettlement for the Chagossians and committing to a £40 million package of support in 2016—they may want to answer to those two things—succeeded in spending just £1.6 million by the time this Government came into power.

[Several hon. Members rose—]

[Seema Malhotra]

I will conclude my remarks—I am sorry but I have taken a number of interventions today.

Since coming into power, this Government have been clear on our deep regret for the way in which Chagossians were removed from the islands and have sought to recognise the wide range of views within the Chagossian community. We remain committed to building a relationship with that community that is built on respect and an acknowledgment of the wrongs of the past.

We have established a contact group to give Chagossians a greater say in UK Government support to their communities and are in the process of enhancing that group, as Baroness Chapman committed to doing in the other place. Officials from the Foreign, Commonwealth and Development Office have engaged with Chagossian individuals and groups more than 30 times and they are regularly in conversation with the Minister responsible for the overseas territories, my hon. Friend the Member for Cardiff South and Penarth.

In conclusion, doing this deal was right and essential. It protects our national interest, it defends our national security, it protects the Diego Garcia base from legal threat, it supports the Chagossian community and it preserves the unique environment in the archipelago. We know that the best way to do that is to pursue this deal. It is time that the Conservatives realised—or should I say, remembered—that too.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.