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To ask His Majesty's Government, further to the Written Answer by Baroness Chapman of Darlington on 6 January (HL3268), whether anyone provided external legal advice; if so, who; by what process such providers of legal advice were commissioned; and, what relevant interests, if any, they declared with regard to the Chagos Islands.
To ask His Majesty's Government, further to the Written Answer by Baroness Chapman of Darlington on 6 January (HL3268), whether anyone provided external legal advice; if so, who; by what process such providers of legal advice were commissioned; and, what relevant interests, if any, they declared with regard to the Chagos Islands.
The Government has sought external legal advice at various times throughout the negotiations with Mauritius. The specific counsel instructed has depended on the nature of the legal issues involved. Counsel have a professional obligation not to accept instructions where there is a conflict of interest.
To ask His Majesty's Government which external consultants or advisors, if any, have been involved in the negotiations with Mauritius over the Chagos Islands.
To ask His Majesty's Government which external consultants or advisors, if any, have been involved in the negotiations with Mauritius over the Chagos Islands.
Jonathan Powell was appointed as the PM's Envoy for the BIOT sovereignty negotiations on 6 September 2024. He started his role as the UK's National Security Adviser on 2 December. However, he will continue to engage on matters related to BIOT. The Government has also received external legal advice in relation to the negotiations with Mauritius over BIOT/the Chagos Archipelago over the course of several years.
To ask His Majesty’s Government what assessment they have made of the implications for the United Kingdom’s strategic relationship with the United States of America of the decision to cede sovereignty of the British Indian Ocean Territory to Mauritius.
To ask His Majesty’s Government what assessment they have made of the implications for the United Kingdom’s strategic relationship with the United States of America of the decision to cede sovereignty of the British Indian Ocean Territory to Mauritius.
My Lords, on 3 October, the UK and Mauritius reached an historic political agreement that will ensure the operational effectiveness of the joint US-UK military base on Diego Garcia well into the next century. Throughout the negotiations we have worked in lockstep with the US, and this agreement is strongly supported by the US. President Biden issued a statement applauding it within minutes of its announcement. Secretary Austin and Secretary Blinken have also voiced clear public support.
My Lords, I did not fully appreciate the strategic value of Diego Garcia until I visited it in 2019 in my capacity as Minister for the Armed Forces. Yesterday, the Foreign Secretary said that there would be “robust security arrangements” to prevent other nations occupying the outer islands. Of course, the best way to do this would be to maintain sovereignty. Short of this, are we simply relying on other nations to follow the international rules-based order? We need look only at what the Chinese have done on the disputed Spratly Islands to realise that this would be naive. I simply ask: what is the rush? My understanding is that we are in such a rush that no Minister has even had the opportunity to go to Diego Garcia. Can the Minister confirm that that is not the case?
My Lords, I did not fully appreciate the strategic value of Diego Garcia until I visited it in 2019 in my capacity as Minister for the Armed Forces. Yesterday, the Foreign Secretary said that there would be “robust security arrangements” to prevent other nations occupying the outer islands. Of course, the best way to do this would be to maintain sovereignty. Short of this, are we simply relying on other nations to follow the international rules-based order? We need look only at what the Chinese have done on the disputed Spratly Islands to realise that this would be naive. I simply ask: what is the rush? My understanding is that we are in such a rush that no Minister has even had the opportunity to go to Diego Garcia. Can the Minister confirm that that is not the case?
My Lords, the easiest way to put this is that there is no easy time to make this kind of decision. Noble Lords will be aware that the previous Government took part in 11 rounds of negotiation on this issue. The situation was getting to a point where legal rulings had made it clear that the sovereignty of the Chagos Islands
belonged to Mauritius. I accept that those legal rulings, to which I can refer Members opposite should they need me to do so, were not legally binding; however, it is clear that they were going in that direction. We found that it would be much better to take this decision from a position of relative strength, rather than wait for a legal ruling that would be legally binding to go against us.