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Diego Garcia Military Base and British Indian Ocean Territory Bill

My Lords, as a former Defence Minister and current chair of the ISC, I recognise the vital importance of the base on Diego Garcia. It is significant because of its strategic location. It has been vital in combating some of the most serious threats against us and our allies, including from terrorism and hostile states. It has a unique capability of collecting data, which has been used to counter terrorism both abroad and at home. It has made our security, not only ours but that of our allies, greater. It is also a strategically vital logistics hub and protects some strategic shipping lanes. On national security, we usually have consensus across the House, both here and in the other place. Therefore, I am saddened and disappointed that the Official Opposition are using this as a political football on such a vital interest, not just to us but to our allies.

There have been four main issues put forward against the Bill. One is the legal issue around sovereignty; the second is cost; the third is the threat from China; and the fourth is the way in which the Chagossian people have been treated. In opening, my noble friend Lady Chapman outlined the issues around the legal uncertainty surrounding the Diego Garcia base. The excellent report of the International Agreements Committee— I congratulate Members who were involved in it—covers those in good detail but, like all legal questions, there are different opinions. Clearly, the committee took evidence from different opinions in its work and Professor Richard Ekins KC was of the opinion that the ICJ opinion was not legally binding.

As has already been said by the noble Lord, Lord Hannay, Sir Christopher Greenwood said that he could envisage at least two possible routes to make that agreement binding. Clearly, there is a division; there is uncertainty, and that is what the Bill is about, as was said by the Minister in opening the debate, and that is why the last Government entered into negotiations on this.

On the issue around sovereignty, what I find difficult is this. James Cleverly, the Foreign Secretary at the time, said on 3 November, as mentioned by the noble Lord, Lord Purvis, that negotiations would begin

“on the exercise of sovereignty over the British Indian Ocean Territory”

and that it was the Government’s

“intention to secure an agreement on the basis of international law

”.—[Official Report, Commons, 3/11/22; col. 27WS.]

The then Government were clear about discussing sovereignty, as the noble Lord, Lord Purvis, said. The rhetoric from the noble Lord, Lord Callanan, is that this is the sovereignty surrender Bill; I challenge the Conservative party to say what has changed in that time, when it was quite clear that the last Government were going to discuss the sovereignty of the Chagos Islands.

The noble Lords, Lord Lilley and Lord Blencathra, said that it was all those nasty people at the Foreign Office who have basically bamboozled Ministers of both Governments, but I agree with the noble Lord, Lord Hannay, that the Conservatives would have come to a similar conclusion: if they had been returned to office, this Bill would have been put forward.

Secondly, on the issue around costs, the noble Lord, Lord Callanan, did the usual trick of adding up all this money to get to £35 billion to give the impression that this money will be paid out tomorrow, when it will be over 100 years. This investment underpins the already huge investment that not only we have put into the Diego Garcia base but, more importantly, the Americans, and will continue to do for years to come. The committee report mentioned Djibouti, as did the noble Lord, Lord De Mauley, and possible issues around size, but this is not an unusual arrangement. However, the joint agreement gives certainty to ourselves and our American allies to invest in the future of that vital capability.

Thirdly, on China, there is a lot of hyperbole spoken on this issue—and not just on this Bill. A lot of ill- informed comment is often portrayed as fact. I urge noble Lords to look at our ISC report of 2023 on China. Yes, China is a threat. Is it a threat to Diego Garcia now? Yes, it is. Will it be in the future? Yes, it will be. But the Bill does nothing to make that more likely. On the issue of China, who is Mauritius’s main interlocutor? It is India. Our Five Eyes partners have all agreed this and think it is a good way forward. It has been suggested that Mauritius will have a veto over military operations; no, it will not, if we look at the Bill—it will have the same rights as the Republic of Cyprus in terms of the sovereign base areas. If military action takes place, people will be informed afterwards. That is not giving it a veto. The idea that China will somehow get close to our very valuable assets there is not the case, because for the first time the outer islands, which are vulnerable, will be secured; that is something we should welcome. It also underpins the strategy of working with our Pacific partners to ensure that we face down China in that part of the world.

Fourthly, on the Chagossian people, I think everyone agrees that the way they have been treated over decades has been completely shameful. This agreement makes a movement forward—as my noble friend said, the funding coming forward allows some limited resettlement —but I urge those Chagossians listening not to be fooled by the Conservative Front Bench. I spent 23 years in the House of Commons, and the only person who consistently raised this issue was the Member for Islington North, Jeremy Corbyn. I never heard a single Member on the Conservative Benches, so it is clearly political opportunism to say now that, somehow, they care about the Chagossian people; they do not at all. I would be very wary about that being put forward.

This is an important Bill. The agreement has the support of our Five Eyes partners and of regional players. Please, if we are talking about national security, this is too vitally important to be kicked around, as it is being, as a political football. We need this Bill. It gives a secure future for our continued occupation of Diego Garcia and, more importantly, the facilities that it brings to keep us all safe.

5.55 pm