Sir Jeremy Wright

Sir Jeremy Wright

Conservative — Kenilworth and Southam

Speaking in the House of Commons on 9 September 2025

Debate

Diego Garcia Military Base and British Indian Ocean Territory Bill

Contribution

If the hon. Gentleman is patient, I promise that I will come to that, but I wish to deal in a logical order with what Ministers have themselves said to justify their actions. On 5 February, the Minister of State at the Foreign Office answered another urgent question. In answer to my plea to give us more clarity on exactly what legal basis the Government were acting on, he said: “We currently have unrestricted and sole access to the electromagnetic spectrum, which is used to communicate with satellites and which is guaranteed and governed by the International Telecommunication Union, a United Nations body based in Geneva. If we lose it we can still communicate, but so can others.”—[Official Report, 5 February 2025; Vol. 761, c. 760.] I understand the point that he was making, but he did not explain how that issue might lead to a binding court ruling against the UK, and he did not even take a second opportunity to do so when asked about it again by my hon. Friend the Member for Spelthorne (Lincoln Jopp)—those interested can find that answer in column 762. Luckily, however, my right hon. Friend the shadow Foreign Secretary called a debate on this subject in Opposition time on 26 February, which was answered by the then Minister of State, the right hon. Member for Oxford East (Anneliese Dodds). She repeated: “Without a negotiated solution with Mauritius, it would pursue its legal campaign…That would lead to an inevitable, legally binding judgment,”. She was then interrupted, but went on to say that “in that kind of situation”— presumably that is the delivery of a binding judgment against the UK— “we would unfortunately see international organisations following that determination, such as the International Telecommunication Union.” —[Official Report, 26 February 2025; Vol. 762, c. 874.] If we put all those ministerial utterances together, we are going round in circles. The Government say that they have to act because of the inevitability of a binding court judgment against the UK. They mention the ICJ, but the ICJ cannot make a binding judgment against the UK on this. They hint at ITLOS cases, but those refer to ICJ decisions. The Government then say that they are worried about the actions of the International Telecommunication Union, but when pressed that seems to mean actions that would follow a binding court judgment. We are back to square one.

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