PARLIAMENTARY DEBATE
Diego Garcia Military Base and British Indian Ocean Territory Bill - 20 January 2026 (Commons/Commons Chamber)
Debate Detail
Lords amendments 2 and 3 deemed to be disagreed to (Standing Order No. 78(3)).
Clause 1
Commencement of Treaty and main provisions of this Act
Lords amendment 5, and Government motion to disagree.
Lords amendment 6, and Government motion to disagree.
Lords amendment 4.
As part of this agreement, the Government have negotiated robust and extensive provisions to protect the base that will categorically prevent our adversaries from compromising the base or interfering with the vital protection the base gives to both the United Kingdom and the United States.
The UK will never compromise on our national security, and as we have repeatedly made clear, the agreement we struck is vital for protecting it; it guarantees the long-term future of a base that is vital for the United Kingdom and the United States and our allies, and which had been under threat. Crucially, the deal secures the operations of the joint US-UK base on Diego Garcia for generations. It has been publicly welcomed by key allies, including our Five Eyes partners, and key international partners including India, Japan and South Korea.
In May the United States Secretary of State said,
“The Trump Administration determined that this agreement secures the long-term, stable, and effective operation of the joint US-UK military facility at Diego Garcia”.
We will of course have discussions with the Administration in the coming days to remind them of the strength of this deal and how it secures the base for the United Kingdom and the United States. We will continue those discussions on many levels.
“Diego Garcia is a vital military base for the US. 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 that the base is protected for many years ahead.”
The deal had to be done because the base was under threat. Courts had already begun making decisions that weakened our position, and without the deal, as I have said many times, we faced the prospect of further wide-ranging litigation that could have rendered the base inoperable. Let me be clear, as I have been on many occasions: this is not just about the legal position; it is about the operation of the base.
Without a treaty and a secure footing, legally binding provisional measures could have been imposed within weeks that would have undermined base operations. Our ability to protect the electromagnetic spectrum from interference, to ensure access to the base by air and sea and to patrol the area around the base would have been eroded, and everything from overflight clearances to securing contractors could have been affected. That would have driven costs through the roof, deterred future investment and degraded the facility, and our adversaries would have jumped at the chance to disrupt the base—for example, by establishing outposts on the outer islands—with a guise of legality on their side. It is for all those reasons that the previous Government, many of whose former Cabinet Ministers are sitting on the Opposition Benches, undertook 11 rounds of detailed negotiations. It is also why they made critical concessions on the principles of sovereignty and direct payment.
Let me turn to the issue referenced in the Lords amendments. I want to answer the many genuine questions that have been asked by a number of hon. and right hon. Members on behalf of the Chagossians. We have secured a deal that protects the interests of the Chagossians. I know that there are a number of Members of this House who rightly care deeply about this issue and have done so for many years, but I am afraid to say that there are others who have picked up the mantle for pure political game playing and who fail to recognise that there is a genuine range of opinions within Chagossian communities; there are some who oppose this deal and there are many who support it, and that simply has not been recognised by many. We deeply regret—I reiterate this—the way in which Chagossians have been treated by successive Governments in the past. That is why we are committed to a future relationship that is built on trust.
The treaty provides the only viable path to resettlement on the outer islands of the archipelago. We know that that is a matter of critical importance to many Chagossians. Following the Government’s efforts, Mauritius has confirmed that all Chagossians who were born on the archipelago and their children will be eligible for Mauritian citizenship and for participation in a future resettlement programme, regardless of where they live. The Bill also preserves current British and British overseas territory citizenship, and the pathway to British citizenship for Chagossians, meaning that they will be able to hold both British nationality and Mauritian citizenship. In fact, as of April 2025, 94% of Chagossians with British nationality also have Mauritian citizenship.
Working with Mauritius, we have also agreed the parameters for the operation of a Chagossian trust fund. On 12 December, the Mauritian Government approved legislation to establish the trust fund. That confirms, again, in response to many reasonable opinions expressed both in the other place and by those on the Opposition Benches—
We cannot keep having the same discussion again and again. This is a very substantial debate and many people hope to speak, so let us proceed as fast as we can.
In parallel with the other measures, we have established a contact group to give Chagossians a greater say in UK Government support to their communities and we are in the process of enhancing that group, as Baroness Chapman committed to do in the other place. Thanks to the work we have done and the reasonable concerns raised across the House, the Chagossian trust fund will be operated for Chagossians by Chagossians. There will be a Chagossian majority on the board, which will include a UK-based representative and a Chagossian chair. Those reasonable concerns have been raised in the course of the debates and we are trying to address them.
Before moving on to discuss the specific amendments, I express my thanks to the noble Lords for their tireless efforts and to the many noble peers who scrutinised and supported the Bill. Lords amendment 4 was tabled by the Government, and I thank Lord Lansley for his helpful conversation and collaboration on the topic. The amendment will change the parliamentary procedure applicable to the delegated power in clause 6. With that amendment, all instruments made using that power will be subject to the negative procedure. Previously, no parliamentary procedure applied unless the power was used to amend, repeal or revoke Acts of Parliament or statutory instruments made under them. The amendment makes it clear that the Government are prepared to work with those who engage in genuine, constructive dialogue, rather than those who rely on political point scoring, to achieve meaningful compromise.
Turning to the other amendments made in the other place, I make it clear that the Government are thankful for all the scrutiny and are willing to engage with challenge. However, the other amendments are either already provided for or not necessary, or they simply make political points and play games with our national security, so we cannot accept them.
Lords amendment 1 would amend clause 1 to prevent the Bill and the treaty from entering into force until the Government had sought to renegotiate the termination clauses to include the base becoming unusable due to environmental degradation. That is unnecessary and I shall set out why. First, limiting the circumstances in which the treaty can be terminated protects the UK’s interests and those of the United States, which has invested heavily in the base. In line with the United States’ wishes, the previous Conservative Government agreed to limit termination to two grounds, both of which are in UK control, and this Government have secured that—
“If President Trump doesn’t like the deal, the deal will not go forward”.
Last night, President Trump said that he did not like the deal. Is it still going forward, or is the Minister suggesting that President Trump did not mean what he said last night?
As I have said, limiting the circumstances in which the treaty can be terminated protects the UK’s interests and those of the US. The Government have secured that procedure.
Secondly, I reassure the House that, given the importance of the base, we are taking necessary steps to protect it from environmental damage. Working with the United States, again in partnership, we already have extensive measures in place, such as the coastal erosion programme, and scientific studies show that natural land loss over the past 50 years has been less than 1%. That said, we recognise the concerns of Lord Craig and Lord Houghton, and I would like to reassure them and Members of this House that the international law of treaties allows for the termination of a treaty when it becomes impossible for a treaty to be performed as a result of
“the permanent disappearance or destruction of an object indispensable for the execution of the treaty”.
Baroness Chapman set out the legal position clearly in the other place.
For further reassurance, since that debate we have consulted Mauritius to verify that it shares our assessment. I am happy to update the House that this has been confirmed in writing to the Government. Mauritius is clear on the point, both as a matter of international law and in its domestic law. We welcome that confirmation by Mauritius and trust that it will assure Members in this House and in the other place who share this concern that such an amendment is unnecessary.
“Defending our security also means protecting the British Overseas Territories and Crown Dependencies, including the Falklands and Gibraltar. Labour will always defend their sovereignty and right to self-determination.”
Can he look the Chagossians in the Gallery in the eye and tell them that that is what the Government are now doing?
Lords Amendments 5 and 6 both relate to the costs of the treaty—
Lords amendment 5 would require the Secretary of State to publish the total real-terms costs of payments made under the treaty, including the methodology used by the Government Actuary’s Department and the Treasury. I confess that it brings me some satisfaction to learn that the Opposition have eventually accepted the importance of quoting financial figures for a 99-year treaty in real terms. They have always known that it is misleading to ignore the impact of inflation—a pound today is not worth the same as a pound in 99 years’ time—and now at long last they seem to have seen the light. Let us see whether, in today’s debate, we can do away with the deliberately and misleadingly inflated figures that have been bandied about again by the shadow Foreign Secretary during questions today, and start discussing the financial elements of the treaty with accuracy and transparency.
For all the good intentions, I am afraid that Lords amendment 5 is unnecessary. We have been clear about the costs of the deal from the moment of signature. We published full details of the financial arrangements the very same day the treaty was signed, including in the financial exchange of letters and the explanatory memorandum laid before Parliament. If Opposition Members are having difficulty finding where that is, it is on pages 9 and 10 of the explanatory memorandum. The documents set out the payment schedule and the confirmed amounts at that time.
The methodology is clear: the average annual payment has been calculated using forecast inflation figures from the Office for Budget Responsibility. We used the forecast GDP deflator, which is published regularly. That generated the real value of the payments, which is the valueusb adjusted for inflation to create a fair comparison with other costs. Members will recall that this equates to less than a quarter of 1% of the Defence budget and compares favourably to the cost of comparable overseas facilities. I have mentioned the facility that France pays for in Djibouti. This is an immensely more valuable facility. It is priceless for our defence capabilities and those of our allies.
I am happy to further canter through the calculations. The net present value was established by discounting the real value of the sums due to be paid over the duration of the treaty using the social time preference rate, as set out in the Green Book. That adjusts for social time preference, which is a reflection of the value society attaches to present, as opposed to future, consumption. That has been used in the UK by Governments of all flavours since 2003.
Members will be aware that my right hon. Friend the Chief Secretary to the Treasury announced a review of the social time preference rate shortly before Christmas. That follows a review of the Green Book last year. I do not know how that review will conclude, but I know that the Government used the correct methodology when the figures were published, and were clear and transparent in doing so, and we will continue to do so whichever way the review comes out.
I will move on to the other amendments. Lords amendment 6 would introduce an ongoing estimates and supply scrutiny process for expenditure under the treaty, including parliamentary approval for future payments and supplementary estimates. The agreement has undergone intense scrutiny, and the treaty provides robust mechanisms for dispute resolution under article 14. It is normal practice for payments under treaties to be made under the prerogative power and charged on the Consolidated Fund under the authority of the Supply Acts. Furthermore, the amendment would infringe on the financial privilege of the Commons and affect the Commons’ arrangements for authorising expenditure. These are long-standing practices that members of the former Government will know. The same applied under them, and it applies under this Government, too.
Finally, subsection (4) would infringe on the prerogative power to make and unmake treaties. It is not wise to impose any immovable requirements about a hypothetical set of circumstances that might arise in the future. This provision risks requiring the Government to breach the UK’s obligations under a treaty. It is clearly preferable for all options to be open to a future Government, so that they can deal with whatever the future may bring and act in the UK’s best interests, taking into account all the circumstances.
I am conscious of your exhortations about time, Madam Deputy Speaker, and I know that a number of right hon. and hon. Members wish to speak. The previous Government recognised that there was a problem. They engaged in 11 rounds of negotiations, but failed to reach a deal that was in our interests and those of the United States. We secured this deal. It protects the base, and the interests of the United States and our Five Eyes partners.
I put on record the thanks of Conservative Members to the other place for their scrutiny, and their diligence in once again holding this Government to account. When Labour plotted to deny this House a debate and a vote on the surrender treaty during the 21-day process under the Constitutional Reform and Governance Act 2010, it was Conservatives in the House of Lords who forced a debate and a vote. When Labour limited the time for this House to give the Bill the line-by-line scrutiny it needed, it was the House of Lords that stepped in and made time available. When this Labour Government ignored and neglected the views of the Chagossian community, it was the House of Lords and the International Relations and Defence Committee that came to the rescue and organised a survey, giving important insights into Chagossians’ concerns about the Government of Mauritius and the future of their ancestral home. When Labour refused to accept any amendments to modify and improve this £35 billion surrender Bill, it was the House of Lords that made important changes, which we are debating today.
Let me be clear: this is a Bill that the Conservatives have fought against at every single stage. We will not accept this deal to surrender British sovereignty; it is a deal that we will continue to oppose and challenge Ministers on. Every vote today is a vote to kill this Bill. We will keep on voting against this Bill and opposing it until the Government—and, one would hope, the Prime Minister—see sense, withdraw it and tear up the treaty. We are not the only ones vociferously opposing this, because we now know that the President of the United States is against it; he says that it is being done “for no reason whatsoever”, and that China and Russia will
“have noticed this act of total weakness.”
“There is no doubt that China and Russia have noticed this act of total weakness.”
The previous Foreign Secretary, now the Deputy Prime Minister, is on the record as saying:
“If President Trump doesn’t like the deal, the deal will not go forward… they’ve got to be happy with the deal or there is no deal”,
so why has Labour continued to press this Bill?
In the light of the President’s comments, can the Minister tell us what will happen to the status of the 1966 exchange of notes between the UK and the United States, which states clearly that the British Indian Ocean Territory
“shall remain under United Kingdom sovereignty”?
What is the impact on that agreement? Is it being changed?
“Jenrick is a fraud. I’ve always thought so”,
and
“Don’t believe a word that he says”.
Is it not true that we cannot always stick with the same mindset on social media?
Let me turn to the details of Lords amendment 5, which would introduce new provisions on transparency about the costs that British taxpayers are being forced to pay. It is vital that this House sees the full costs, as Labour has never acknowledged or accepted the financial costs and burdens of this Bill for the taxpayer. As the House knows, the Conservative party had to force the information out of the Government through freedom of information requests. Labour Ministers have had the bare-faced cheek to come here and give us their valuation of £3.5 billion, whereas the Government Actuary’s Department tells us that it is £35 billion.
In most areas of Government spending, Labour likes to brag about how much is being spent—welfare is a familiar theme that it likes to go on about—but on this issue, it is using a valuation technique to downplay the amount. We have heard the Prime Minister claim that this is
“how the OBR counts the cost”.
However, the Office for Budget Responsibility has said:
“The OBR does not hold any information on the costs or financial impacts of the specific treaty over the future sovereignty of the Chagos Archipelago. We can confirm that we have not been contacted by HM Treasury, MoD or the Governments Actuary’s Department”,
so what is the truth? This amendment would help to bring about more openness and transparency on the costs.
I turn to amendment 1. It is not just when it comes to money, which is addressed in amendment 5, that the Government’s claims lack any credibility; amendment 1, which deals with the surrender of British sovereignty, leaves us weaker and, as we have heard from my right hon. and hon. Friends, will compromise the long-term operations of the base.
We are required to give notice to the Government of Mauritius about a range of activities taking place on the base. As the hon. Member for Strangford (Jim Shannon) pointed out, Mauritius is a signatory to the Pelindaba treaty, and if that applies to Diego Garcia, it would prohibit the stationing and storage of nuclear weapons there. This is very serious. While the Prime Minister has claimed that China, Russia and Iran oppose the surrender, we know that they back it; they publicly endorse it, and they will seek to gain from this lack of sovereignty.
These points are all relevant to amendment 1, as it requires the Government to renegotiate article 11 of the treaty, so that payments cease should the use of the base for military purposes became impossible. Obviously, we hope that that scenario does not materialise, as we believe that Diego Garcia is a vital cornerstone of our national security and defence, and should remain so. However, as the treaty stands, if we stop using the base, the UK is still bound to make pretty significant payments over the 99-year lease period; it is a huge cost. Amendment 1 is therefore a vital point of contingency.
We would like the whole agreement binned, but we believe that it is reasonable and practical for the Government to accept this change. When he sums up, will the Minister explain why he is not prepared to consider the amendment, and to renegotiate parts of the treaty?
The Chagossian community has been treated appallingly. There is a sense of betrayal of the community, and that is absolutely wrong. Although we cannot vote on Lords amendments 2 and 3 today, it is still in the gift of the Government to see sense and take action to facilitate the Chagossians’ right of self-determination. That is absolutely vital.
This entire surrender Bill is wrong, which is why we on the Conservative Benches will keep on opposing it. I have said this before, and I will say it again: to all the Labour MPs who have been whipped and commanded to enter the Division Lobby to back the surrender Bill and support the Government’s plan to remove the Lords amendments, I say, “You are being used to service the interests of your Prime Minister, rather than your country and your constituents. You are being forced to vote through paying billions to a foreign Government who are allied with our enemies and growing closer to them, while your councils and schools see their budgets squeezed and cut. You are being forced to be complicit in the betrayal of the Chagossian community, but tonight you have the chance to do the right thing and join us in the Division Lobby.”
The Conservative party will continue to stand up for our national interest, British taxpayers and the Chagossian community. That is why we will keep opposing Labour’s £35 billion Chagos surrender Bill.
This is not an exercise in process; it is about whether this House chooses to protect on firm, enforceable terms an overseas base that is fundamental to British security and our closest alliances. Diego Garcia is a critical asset for the UK and our allies. It supports counter-terrorism, monitors hostile state activity, and enables the rapid deployment of UK and US forces across regions that matter deeply to our national interest. Those opposing the Bill need to be clear about what they are opposing. They are opposing a treaty that secures the base for 99 years with full operational freedom, one that is backed by our allies and was negotiated substantially under the previous Government.
If we refused to comply, others—international organisations and partners—would not ignore any provisional measures that were put in place, undermining the practical operation of the base. That is the same reason that negotiations were started under the last Government, and the treaty contains safeguards that are not decorative, but operationally vital. The UK will control installations and the electromagnetic spectrum; we will control a buffer zone of 24 nautical miles, within which nothing can be built without UK consent; and there will be a strict ban on any foreign military or security presence on the outer islands. Those are precisely the kinds of protections that make the base secure, usable and resilient against interference.
As we are in the Chamber today to consider the Lords amendments, I will go through each in turn. Lords amendment 1 would require renegotiation so that the UK can stop payments if it cannot use the base. On the surface, as others have mentioned, this may sound prudent, but it is a recipe for uncertainty and delay at the very moment that we need clarity. The treaty already establishes a joint commission to deal with issues as they arise, and international treaty law provides routes to termination if an indispensable object for execution permanently disappears. The amendment adds risk, not security, undermining confidence in the treaty framework that we need to keep the base operational.
Lords amendments 2 and 3 were rejected by Mr Speaker. Lords amendment 4 deals with the procedure for orders under clause 6 of the Bill. It is a Government amendment; responding to the Delegated Powers and Regulatory Reform Committee, it provides appropriate parliamentary procedure. It strengthens scrutiny and is a sensible refinement to how the Bill operates, and this House should support it.
Lords amendment 5, which deals with the publication of the total costs and methodology, is duplicative. The Government published full details of the financial arrangements on the day that the treaty was signed, including the relevant explanatory material. The methodology is clear: it uses the Office for Budget Responsibility’s inflation forecasts to calculate the average annual figures, and those figures have been verified by the Government Actuary’s Department. The House of Commons Library reached the same conclusion, and the Office for Statistics Regulation has welcomed this approach. The amendment is not about transparency; it is about rerunning an argument we have had time and again in this House, including through I do not know how many urgent questions.
Lords amendment 6 deals with Commons votes to cease payments if Mauritius breaches the treaty. This would require additional parliamentary steps on anticipated expenditure.
Lords amendment 6 would cut across long-standing constitutional practice on treaty payments, and would infringe Commons financial privilege and established arrangements for authorising expenditure. More importantly, it would send a damaging signal that the UK is building an exit ramp into primary legislation, weakening our hand and injecting instability into the very agreement designed to secure the base. The treaty already contains robust dispute resolution mechanisms, which is the right way to deal with such issues.
The strategic logic is straightforward. Diego Garcia’s location, infrastructure and operational utility are indispensable.
This House should reject Lords amendments 1, 5 and 6, support the Government’s sensible procedural amendment 4, and pass this Bill in a way that protects national security, rather than gambling with it.
I call the Liberal Democrat spokesperson.
This Bill returns to us from the other place with amendments that raise serious questions about the governance, cost and durability of the treaty concerning the future of Diego Garcia and the wider Chagos archipelago. For decades, decisions about the Chagos islands were taken without the consent of the Chagossian people. That was the defining feature of the injustice that they have experienced. My concern, shared by many across this House and others in this place, is that unless the Government properly consider the Lords amendments, Parliament risks giving statutory effect to a framework that lacks the safeguards necessary for accountability, legitimacy and long-term sustainability. That is precisely what the Lords amendments seek to address.
In the things that they have proposed, the Government have acknowledged the historic wrongdoing to the Chagossian people. They have recognised the right of return in principle and proposed a £40 million trust fund to address the harms caused by forced displacement. The framework before us today provides limited assurance, however, that the Chagossian people will have any meaningful agency over the decisions and structures that will shape their future. That matters, because legitimacy is not derived from intergovernmental agreement alone. It rests on whether those affected can participate meaningfully in decisions taken about their homeland.
At the core of the United Nations charter lies the principle of self-determination. Article 1.2 could not be clearer. One of the purposes of the United Nations is:
“To develop friendly relations among nations based on respect for the principle of equal rights and the self-determination of peoples”.
We reasonably expected to have the opportunity to vote to reaffirm our commitment to the UN charter and, crucially, our commitment to the right of Chagossians as a distinct, albeit displaced people to self-determine their future. It is therefore deeply regrettable that Members across this House have been denied that opportunity today.
It is shameful that a meaningful referendum was not the starting point of this Government’s approach, which left Opposition parties to insist on it through amendments. It is equally shameful that this principle has today been rejected on the grounds of cost. What price do the Government place on self-determination? Among Chagossians, this will be received for what it is: justice layered upon injustice.
This Government, and Governments before them, have routinely defended our overseas territories in the international arena on the basis of the self-determining rights of their citizens. Today, this Government rightly defend Greenland on that same basis, asserting the right of Greenlanders to determine their own future. It is therefore with deep regret that I speak in support of that right and of that principle as expressed through Lords amendments 2 and 3, knowing that we will have no opportunity to vote in favour of those amendments when a Division is called.
In respect of accountability and oversight, Lords amendments 5 and 6 would reinforce Parliament’s role in scrutinising the financial commitments of this agreement. They would ensure that the House is not asked to authorise long-term expenditure without clarity on its scale, duration and assumptions. The amendments would require transparency in the way in which costs are calculated, and ensure that Parliament retains control over future payments. That is not obstruction; it is a proper exercise of parliamentary responsibility, and one owed to future Administrations and to the public. The amendments would also give the Government a mechanism to terminate the deal and all future payments to Mauritius should Mauritius fail to honour its obligations.
In May, the Prime Minister said that the deal would cost up to £3.4 billion over 99 years. However, freedom of information disclosures suggest an initial estimate closer to £34.7 billion, a figure that we have already heard today. That disparity risks further undermining trust in this Government, and confidence in their wider approach to public spending. At a time when families across Britain face cost of living pressures, Parliament is entitled—indeed expected—to demand clarity before committing taxpayers to potentially vast long-term liabilities that will endure well beyond any of our lifetimes.
In respect of security and durability, Lords amendment 1 addresses the strategic importance of Diego Garcia, and would ensure that the United Kingdom is not locked into ongoing payments should the military use of the base become impossible. Given the rapidly shifting nature of the United Kingdom’s relationship with the United States, particularly under its current President, the amendment is essential to ensure that we are not bound into a long-term lease without a similarly long-term tenant. No one in this House or the other place disputes the strategic importance of Diego Garcia to our national security, and to global security more broadly. The amendment reflects that reality, and raises legitimate questions about the long-term viability of this deal.
Let me now return briefly to Lords amendments 5 and 6, which together form a coherent and, in my view, proportionate package. They would reinforce parliamentary oversight, protect the public purse, and hold the Government’s financial commitments to account. The other place has not sought to frustrate the Bill; it has asked whether Parliament is prepared to proceed without sufficient safeguards on cost, governance and legitimacy concerns.
I again place on record my disappointment that Lords amendments 2 and 3 were not selected for today’s debate. They would have provided the Chagossian people with a referendum, allowing them a direct and meaningful say over their future—something that remains conspicuously absent despite repeated assurances about consultation.
The Chagossians are not, and should not be, diplomatic collateral. They are not a note in the marginalia of an agreement between Mauritius and the United Kingdom. They are a people who have been treated badly by our country and are now deserving of agency, dignity and justice. For those reasons, the Liberal Democrats urge the Government to accept Lords amendments 1, 5 and 6. More than that, however, we urge the Government to pause, to reflect on the changing geopolitical circumstances in which we find ourselves, and to think again about whether this is the right approach for us, for the Chagossian people, and for our future security.
I do not think the Minister explained why we should not take notice of the United Nations Committee on the Elimination of Racial Discrimination. That is fundamental, because the Committee goes back to the 1960s decision, and it sees what happened then, and what is being perpetuated now, as racial discrimination, and we and the Mauritians are perpetuating that. My hon. Friend the Minister did not really respond to that point, just as he did not really address what has changed. I have listened to many of his statements in this House, when he has said in good faith that the United States supports us. Regardless of whether it did so in the past—it probably did—it certainly does not support us now. Those are two reasons for pausing and thinking again: becoming compliant with the United Nations Committee on the Elimination of Racial Discrimination; and talking to the United States, because it has changed its position.
The amendments before us would not affect the core of the Bill, because that was dealt with in a very short period of time on Second Reading, on Report and in Committee, but they are important in as much as they ask for information. We are going to pay for something that we did not used to have to pay for. It will have consequences for our ability to look after our defence interests in the Indian ocean, and we do not know how much it will cost. Amending the Bill to give us an exact figure for those costs is important. Lords amendment 1 is also important if for some reason Mauritius changes its view or the islands disappear under water. I do not have the opportunity this evening to vote for what I would like to vote for, but I will vote for the amendments that the Lords have put before us.
Some of my right hon. Friends, one of whom I see on the Front Bench, have raised other reasons in these debates. Beyond the ICJ judgment, we were told there were other issues, and that somehow if we did not do this we would face challenges under the United Nations convention on the law of the sea and by the International Telecommunication Union, which stands steadily. What is most interesting about all this is that, when pressed throughout, bit by bit Ministers’ arguments fell apart. These issues are very detailed, so I will not go into them now, but they will have to be raised in much more detail later.
On the two critical areas—UNCLOS and the ITU—we discovered that certain articles exempted us from any legal challenge in any way, and therefore they were not binding. I say that because today is a matter of intense sadness. As the Minister knows, I am a massive admirer of him for his steadiness and determination, often on unpopular matters. However, I have to say to him on Lords amendments 2 and 3, and the Liberal Democrats say the same, that this is a matter of sophistry. If we believe in free speech and free debate, and if we believe in voting on what we believe or what we oppose, I genuinely ask why we cannot do so on Lords amendments 2 and 3.
Sitting in the Gallery are people who will be utterly depressed by the idea that this Chamber has shut itself out from debating the rights of the Chagossians and to vote on those rights today. I know it was clever to get that done, and I know the Speaker’s Office was under pressure to do that, but I simply say that this is not right. It is not right that this House cannot decide on those rights, particularly given that the UN committee mentioned by the hon. Member for Blackley and Middleton South (Graham Stringer) has made it very clear that the Government should stay this legislation, because of its fears with regard to race relations.
I simply say that this is a sad moment for this House, because this horribly flimsy piece of legislation completely casts away any rationale. Then this morning we heard from the President of the United States, who was previously prayed in aid in all this; it was said that we should somehow motor through this because he was in favour of it, and if the American Government are in favour of it, we should stand with them. A previous Foreign Secretary said that if America did not want it and did not agree with it, we would not do it, but here we are rushing through with it.
Why are we rushing? Why do we not stay this Bill, wait to hear exactly what America thinks about it and make a decision about whether we carry on? Surely, that would make more sense and be more rational. Through all of this, I just do not get what the unpalatable haste is all about—to dismiss the Chagossians, to dismiss the logic and the reasons why we have to do this, and to head towards paying billions and billions of pounds of taxpayers’ money for no reason at all. I think somebody else said that today.
Meanwhile, China is looking at this and laughing, as are Russia, Iran and all the other nasty states. Honestly, this is a bad day. This is badly done. It is a bad day for us and for the concepts of dispute, debate and liberty. We should hang our heads in shame, because the House of Lords is better at debating things than we are, and it has much better rights.
With this deal, we have full operational freedom. We have control of installations, communications, logistics and land use with strict safeguards, a UK-controlled electromagnetic spectrum, a 24 nautical mile buffer zone and a ban on foreign military presence on the outer islands. In the interests of giving a briefer speech, I am going to put down the two pages that further explain the way in which the treaty reinforces the UK’s relationship with the Chagos islands and supports our national security.
We have talked about this issue at great length. There have been many urgent questions, statements and debates in the House. The Opposition talk about the importance of national security. This country is facing some of the gravest threats to our national security. We are repelling Russian cyber-attacks and disinformation daily. Our security services are having to fight against Russian spying and sabotage of our infrastructure.
I will close with this. In this House, we speak through the Chair, because doing so tempers debate. When I speak with schoolchildren about the House, they remark upon the fact that we are in an old building, and that shows our continuity over many years of history. In this place, we make decisions in a sombre, sober way. We do not make them in the same way as the President of the United States did last night, in the form of a rash tweet. Let us not take that social media post at face value. Let us do the reasonable thing and debate this matter properly.
We urgently need Lords amendments 1, 5 and 6 on financial oversight of this £34.7 billion bill the British people are about to have to foot. The clawback option is the bare minimum the Government should accept for the eventuality that Mauritius breaks the conditions of this appalling deal, because it is quite likely that we will see mistreatment of the Chagossian people. It is also important that the clawback is there because we will need to review and understand the surge of Chagossians who came to the UK after the deal was announced. The Government tried to dismiss it, and claimed that the increase had nothing to do with the deal. That is wrong and we will continue to see that.
This is a bad deal. The agreement is legally illiterate: there was an ICJ opinion, not a ruling. It is historically illiterate, because the Chagos islands have never belonged to Mauritius. This is a bad deal, ceding territory not to those hailing from those islands, but to a country that has consistently mistreated Chagossians and legislated to criminalise their views. The Bill cements the shameful treatment of the Chagossian people into law.
Anyone who votes against the clawback tonight should be ashamed of themselves, because they should want to put in place the minimum protections for the people of the Chagos islands—those people who have come this evening to hear us debate, because their voices have not been heard in this Chamber and they have been denied by a Government who would not meet them, a Government who have no interest in supporting them, and a Government who tonight will vote against the only protections that might make sure that their voice is heard.
In South East Cornwall, we may be geographically removed from Diego Garcia, but we are closely connected to the realities of our national defence. Torpoint has the third highest number of veterans of any community, with over 14% of people having served. Residents across the area have written to me about the importance of this issue. His Majesty’s Naval Base Devonport is the largest naval base in western Europe and a key part of our national defence capability, so we are an area that understands the importance of national defence and its complexities. We know that it requires long-term thinking and joint working with multiple allies, each of whom understandably has its own national interests in mind.
Does the Minister agree that this matter is about not just international law, but securing Britain’s ability to defend itself, including control over key capabilities such as berthing submarines, electromagnetic defence and force mobility? Given that 85% of the Chagos negotiations took place under the Conservatives, does the Minister know why the Tories started negotiations when they were in government if they did not think there was a threat to the crucial base?
As well as defence, South East Cornwall has deep ties to our marine environment, with many local livelihoods dependent on the sea. Our local economy relies on a healthy and resilient marine environment, so it is important to recognise the role of that environment. The Chagos marine protected area was established in 2010. Through the Blue Belt programme, the UK has continued to play a leading role in enhancing marine protection across the overseas territories. For Members who may not be aware, this is a brilliant programme that works with local communities to understand biodiversity, manage impacts and build a deeper understanding between people and nature. The marine protected area is home to extraordinary marine life. Research has shown that it contributes to climate resilience at a global scale.
Mauritius has committed to protecting that marine environment, which I welcome. However, as an island state located miles from the base, I have concerns about the practicalities of monitoring and enforcing protections against harmful activity. What provisions in the Bill and the treaty will safeguard the existing marine protected area and ensure that effective enforcement remains in place to prevent harm to the ecosystem and the species that depend on it?
People across the country are rightly asking why on earth any British Government would agree to a deal that diminishes our strategic capabilities and costs us billions in the process, particularly when the Government are already putting the squeeze on people’s finances in so many ways. The Government’s arguments for doing so were already thin, and they become even thinner when we consider the amendments before us today.
The Government’s arguments for putting the deal forward become even thinner when we look at the amendments and how the Government have responded to them both here and in the other place. If, as the Government claim, the deal will make us safer, why not support Lords amendment 1, which would ensure that payments are made to the Mauritian Government only if our armed forces retain access to the Diego Garcia base? We have already heard that the Government will not support Lords amendments 2 and 3, but if, as the Government claim, the costs of the deal are proportionate, why not support Lords amendments 5 and 6, which would provide much-needed transparency about why taxpayers are being asked to stump up so much for the privilege of handing away territory? We hear no such support for those amendments, so the Chagos handover cannot really be about our security, the Chagossians or self-determination.
So what is it about? The truth is that this so-called deal is motivated entirely by ideology. We have heard from the Government’s Attorney General that “almost every aspect” of the British empire was “deeply racist”, echoing the language used by the Mauritians at the International Court of Justice. Of course, when Britain has done something seriously wrong, we should be honest about that, but in the case of the Chagos islands, there was no original British sin. Mauritius never had sovereignty over the Chagos islands, and practically no Mauritians have ever lived there. The islands have been under British sovereignty since 1814, before which they were occupied by the French. Before that, they were uninhabited. This is no decolonisation; it is a surrender.
Our history is complex. It contains cruelties, yes, but also enormous contributions to human health, wealth and flourishing around the world. The darkest moments in our history were hardly unique, yet many of the most virtuous moments in that history were truly exceptional. I believe that we should be proud of the contributions that our country has made to the world. However, the Government’s position on the amendments lays bare the truth: they simply do not agree. Instead, they believe that it is their responsibility to go around the world flagellating themselves and righting imagined wrongs on behalf of and at the expense of the British taxpayer. To their minds, this country is indelibly stained by the actions of those who came before us. The Chagos surrender is one such example, but it is not the only one, and I fear it will not be the last. To attempt to right the wrongs, real or imagined, of the distant past by squeezing the taxpayers of today is divisive madness.
If the Government ever want the British people to believe that they are motivated by anything other than deep shame about our history, they would do well to accept the amendments before us today or—far better—to scrap this deal entirely. The British people are owed a Government who stand up for their interests today, not punish them for the imagined sins of our ancestors.
Let us look at some of the arguments that the Minister has made against the amendments. First, the Minister said that nothing has changed since the Bill was originally brought to the House, but of course we have seen that the American attitude has changed. The United Nations says that we are not giving the protections to the people we should be giving them to—in fact, we are more interested in the rights of the Danes who live in Greenland than the Chagossian population. The UN has actually said that we should stay this. So there have been changes, and the changes have been substantial.
The second argument we heard is that the base was under threat and we therefore had to make changes. I noticed what the hon. Member for South East Cornwall (Anna Gelderd) said about the marine protected area and the environmental requirements on the Mauritian Government, but there is no legal requirement in this treaty for the Mauritian Government to protect the marine protected area. Indeed, they have made it quite clear that fishing will be allowed in the marine protected area. What is the danger there? It is of course that Chinese ships can come into the area, and we know that in the South China sea, the Chinese have used commercial ships as their eyes and ears, so the base is under threat as a result of this change.
Thirdly, the Government have refused even to consider the Lords amendment about cost. At a time when we are looking for every penny, so that we can supply the citizens of this country with the services that they require, the Government are turning their nose up at an amendment that would ensure that if the base cannot be used, we will no longer pay for it. The Minister has talked about the cost. He has told us all the mechanisms by which the cost has been calculated, but he has not actually told us what the cost is. Is it £3 billion? Is it £10 billion? Is it £37 billion? The difference between those figures is significant to our constituents.
The Minister talked about building a relationship of trust with the Chagos islanders. What way is this to build trust? The Government have refused to give them a say on whether this treaty reflects their interests and deals with their concerns and the despicable way in which they have been treated in the past. The cost is wrong. The way in which we are treating the people who are affected by the treaty is wrong. The Government’s position on the long-term security of the base is wrong. This is a bad deal for the United Kingdom, and we should be ashamed that the Government’s majority is being used to push the deal through when it is so clear that it is full of flaws and problems for our future.
Even in the short time since the Bill was first brought to the House, the world has become even more unstable, yet the Government remain content to press ahead with the Bill. I struggle to see how it makes us safer, considering the requirement “to expeditiously inform” Mauritius of operational activity, and considering that Mauritius is a signatory to the Pelindaba treaty. The implications of the Bill for the basing of nuclear weapons, which are vital to our security and to our deterrence, and which have been deployed to Diego Garcia in the past, should concern every Member of the House. We need further clarity and assurance from the Government on that point.
That brings me to the £28 billion shortfall in the defence budget that the Chief of the Defence Staff recently presented to the Prime Minister. It does not take a mathematician to see the point that I am making; indeed, the maths is so basic that I suggest that even the Chancellor could work it out.
British Chagossians are the forgotten people of this Bill. They may have been forgotten by the Government, but they have not been forgotten by Conservative Members. We continue to oppose the Bill with them firmly in our minds. The Prime Minister has rightly stated that Greenland’s sovereignty and right to self-determination rest with the people of Greenland and the Kingdom of Denmark. The question is simple: why is that same right not afforded to the British Chagossians?
The Bill has profound implications for our national security and public expenditure. The amendments tabled by Opposition peers are there for a reason: not for political gain, but to make a bad Bill slightly less damaging, to introduce safeguards, to offer some reassurance to the British taxpayer, and to ensure that the voices of the British Chagossian people are finally heard.
I will not speak, in the brief time available, about the cost of the deal, although it is wholly unpalatable that we should give away a treasured possession and then rent it back from a foreign place. I will not speak about the strategic cost of doing just that, although I will draw on Lord West’s remarks. That former Labour security Minister, who sits on the Intelligence and Security Committee with me, said:
“surrendering sovereignty over the Chagos Islands would be an irresponsible act, which would put our strategic interests—and the interests of our closest allies—in danger.”
That is wholly unwise.
I will speak, however, about the interests of the Chagossians, who have been ignored throughout this process, who were uninvolved in the negotiations from the outset, whose voice has not been heard, and whose future has been disregarded. That seems to me to be wholly unethical.
This is unwise, unpalatable, unwelcome, unethical, and fundamentally wrong. The Lords amendments would make some improvement to something that is woeful. I implore the Government to accept the amendments. More than that, I implore them to abandon this sorry mission, which is not in the national interest, and certainly not in the interests of the Chagos islanders.
The President of the United States has talked about the great stupidity of this deal. He describes a country giving away its own sovereignty as
“an act of GREAT STUPIDITY”.
Today the Minister has been forced into some indelicate gymnastics, as he tries to deal with the fact that the peg on which he hung all his defences has snapped out of place.
The Minister’s gymnastics have been equally on display when it comes to dealing with his party’s manifesto. Contrary to what he says, it is very clear that when the manifesto declares that Labour will always
“defend… sovereignty and right to self-determination”,
it is referring not only to Gibraltar and the Falklands, but to all British overseas territories and Crown dependencies. It says
“including the Falklands and Gibraltar”,
but not “exclusively the Falklands and Gibraltar”.
The Minister is hoisted on the petard of his own manifesto, of which he is in blatant breach. He can hardly look the people of the Chagos islands in the eye, as he denies them what his manifesto promised them. They are the people who are hurting here. They are at the heart of this. They have not been treated well over decades by this nation, and now we are betraying them by denying them the right to any determination of their future. That is shameful. It is something that this House should be running away from, rather than embracing. I say to the Government: it is not too late to do the right thing. It is time they did, and I trust that they will.
My former party went along with this for years, ignoring everything I ever said to every Foreign Minister and every Foreign Secretary. Over and over again, I raised this issue, and warned that it would lead to this catastrophe. I was ignored, and now we see the betrayal of the Chagossian people, our national security is being threatened, and we are paying billions for it. I say to all colleagues on both sides of this House—including those in my new party, but particularly those in my old party —that this is a humiliation for this country, and a betrayal of the loyal British people sitting in the Gallery today who should have the right of self-determination. I am ashamed of what this Parliament is voting on today. I will speak up for the rights, democracy and self-determination of all the British people in all the overseas territories.
The deal sits at the cornerstone of the defence and security of both the United Kingdom and the United States. It plays a crucial role in defending our interests, our countries and our people and ensures that we remain equipped to face an increasingly complex and dangerous world.
I have to challenge one of the points that has been made repeatedly and falsely throughout the debate. We have heard the same nonsense that this deal puts the base at threat from Chinese interference. [Interruption.]
I was referring to the claims about Chinese interference. I doubt that those on the Opposition Benches have actually seen or read the op-ed by the Chinese ambassador to Mauritius on 14 January criticising the Chagos deal, which again very much underlines the point that I have been repeatedly making.
Just last week, the United States military signed a new contract worth $85 million for base operating support services. Before the treaty was signed, it had been rolling over previous contracts due to the uncertainty, but because of the certainty provided by this deal, it has now entered into a new long-term contract, which delivers strength and certainty for the United States, the United Kingdom and our allies, because national security is the priority for all of us.
While securing our national security, we have taken steps throughout the Bill to ensure that we have the measures in place, including the full control of Diego Garcia; the 24-mile nautical buffer zone where nothing can be built or placed without our consent, meaning that we can protect our interests; a rigorous process to prevent activities on the wider islands—some over 100 nautical miles away—from disrupting base operations; a strict ban on foreign security forces on the outer islands, whether civilian or military, without UK consent; and a binding obligation to ensure that the base is never undermined. These are robust provisions, and they defend the national security of ourselves and our allies, including the United States.
Many important points have been raised about the Chagossian community. I absolutely acknowledge and respect the Chagossians who are here today. I also acknowledge and respect that there are many views within the Chagossian community. I was disappointed by the tone of the remarks from the hon. Member for Rutland and Stamford (Alicia Kearns), who I have good engagement with. I can tell her that I met Chagossians on 30 September 2024 and 3 October 2024. On 22 May 2025, she claimed that the former Foreign Secretary, the right hon. Member for Tottenham (Mr Lammy), had not met the Chagossians; in fact, he met them with me. On 2 September 2025, I was at the first meeting of the Chagossian contact group. Officials regularly engage with Chagossians. Indeed, I engaged with Chagossians long before I took this position as a Minister and did so in opposition, along with many hon. and right hon. Members, to listen to the range of views.
Of course, many groups support the deal, including the Chagos Refugees Group, the Chagos Islanders Movement and the Seychelles Chagossian committee.
The shadow Foreign Secretary, the right hon. Member for Witham (Priti Patel), made many criticisms. We have heard and been through them a number of times. I remind her that, of course, it was her party that started the negotiations in the first place. She supported this when she was in government. The Conservatives have demonstrated absolute naked opportunism, ignoring the national security issues and jumping on the political bandwagon. They talk about defence and national security, but in 14 disastrous years in office their party hollowed out our armed forces. Our Government are investing at levels not seen since the cold war, and 85% of the negotiation rounds took place—
The former Government had access to the same legal advice, the same security briefings and the same threat assessments as we do now, including on threats to the operations of this crucial base, and senior figures raised no objections in Parliament, filed no critical questions and voiced no concerns on social media. It is only after leaving government that they have done so. That is not principled opposition; it is opportunistic.
Many questions were raised about the finances. I must be clear that the higher figure of £34.7 billion that was released by the Government Actuary’s Department was a nominal amount and was not adjusted for inflation or the social time preference rate, so it is deeply misleading to cite that figure, given the changing value of money over time. A pound today is not worth the same as a pound tomorrow. Quite frankly, I am baffled at hearing these complaints about the finances, given the billions that the Conservatives wasted on defective personal protective equipment, the festival of Brexit and who knows what else.
There were some very sensible and I think legitimate questions raised about the costs. The Government have always sought to be transparent on these matters. We set out the forecasts at the time of publication, and the documents that we published at the time of the treaty set out that the net present value of the treaty was £3.4 billion, calculated using the Green Book methodology —I have set that out on many occasions before. Of course, I would expect forecasts to change over time, given the changes in the OBR’s forecast inflation rate and other matters. We were transparent then, and of course we will continue that transparency in the usual ways before the House. Indeed, the TaxPayers’ Alliance, no less, has confirmed that the use of a discount rate to give NPV is a standard concept in finance, and that it is reasonable for the Government to use an inflation assumption and a discounting rate to give an NPV of the cost. If we use its suggestion of 2.9%, the annual payments would be £96 million on average, which is £5 million less in today’s money than the Government’s forecast at the time of the treaty’s publication.
I was rather baffled by the complaint of the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), who is not now in his place—[Interruption.] Ah, he is at the Bar of the House. It was his Government who established the citizenship route for Chagossians, which rightly gives them the right to come here, and local authorities can engage in the usual way with the Ministry of Housing, Communities and Local Government about their needs.
My hon. Friend the Member for Blackley and Middleton South (Graham Stringer) raised the United Nations Committee on the Elimination of Racial Discrimination. This is very important, so let me be clear: it does speak on behalf of the United Nations or member states. Indeed, the UN Secretary-General and the African Union chairperson both welcomed the agreement, so it is simply not the case that those concerns were raised by the United Nations, and it is important that the record be corrected.
There were concerns about the reasons. I was clear about the operational impacts on the base of not securing this deal, which include overflight clearances, securing contractors, declining investment and degraded facility. We would also be unable to prevent—this is a crucial point that Members have reasonably raised—China or other nations from setting up installations on the outer islands or carrying out joint exercises. I have set out the legal reasons for that on many occasions, which include the litigation that could be brought quickly by Mauritius against the UK, including under annexe VII of the UN convention on the law of the sea. A judgment from such a tribunal would be legally binding.
The shadow Foreign Secretary raised the Pelindaba treaty. The United Kingdom and Mauritius are satisfied that their existing international obligations are compatible with the agreement, and we are very clear that we comply with our obligations under international law.
We have discussed these issues at great length in this House on many occasions. Let me be clear: this deal secures this base for the national security of the United Kingdom and the United States, and it secures it for our allies. It is vital, and this is an important point to end on. My hon. Friend the Member for Blackley and Middleton South asked why this matters to our constituents. It matters because the capabilities on this base matter for the national security of this country, our allies and our citizens in preventing terrorism and the activities of adversaries with hostile intent towards us, the United States and our allies. It secures this base into the future, and we urge the House to reject the Lords amendments and agree with Lords amendment 4.
Question put, That this House disagrees with Lords amendment 1.
After Clause 5
Cost of the Treaty
Motion made, and Question put, That this House disagrees with Lords amendment 5.—(Stephen Doughty.)
Motion made, and Question put, That this House disagrees with Lords amendment 6.—(Stephen Doughty.)
Lords amendment 6 disagreed to.
Lords amendment 4 agreed to.
Motion made, and Question put forthwith (Standing Order No. 83H(2)), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing with their amendments 1 to 3, 5 and 6.
That Stephen Doughty, Imogen Walker, Catherine Atkinson, Jessica Toale, Chris Curtis, Priti Patel and Zöe Franklin be members of the Committee;
That Stephen Doughty be the Chair of the Committee;
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(Gen Kitchen.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
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