Dr Luke Evans

Dr Luke Evans

Conservative — Hinckley and Bosworth

Speaking in the House of Commons on 9 September 2025

Debate

Diego Garcia Military Base and British Indian Ocean Territory Bill

Contribution

It is. It is true about the legally binding aspect within the area that the tribunal covers, but that does not cover sovereignty, as we learned in 2015 when the tribunal sided with the British Government. Here we have the farcical situation of a House of policy and law shining light on one side and another, but never on the truth. This is where my right hon. and learned Friend the Member for Kenilworth and Southam is exactly right. If the Government were to come forward and say exactly which court, where and why, they might get more sympathy from Opposition, but we have been through an entire five-hour debate and we still do not have answers to those questions. Another court that is often cited is the International Telecommunication Union covering spectre, radio and radar. Article 48.1 states “Member States retain their entire freedom with regard to military radio installations,” and the Government know that. Even the written answer from the Minister—it has been hinted at before—states: “Individual countries have the sovereign right to manage and use the radio spectrum, within their borders, the way they wish, subject to not causing interference with other countries. This right is recognised in the Radio Regulations. The Radio Regulations are the international framework for the use of spectrum by radiocommunication services, defined and managed by the International Telecommunications Union (ITU). Individual countries, not the ITU, make their own sovereign spectrum assignments in accordance with the Radio Regulations. The ITU has no legal authority over these assignments regardless of the country’s civilian or military classification of spectrum. The ITU cannot challenge the UK’s use of civilian or military spectrum.” It is clear here—the Government know it in their own answers—that the ITU has no role in sovereignty. It all boils down to where one believes British overseas territories stand. Now we must talk about the cost, which has been much debated. There have been three figures in the debate: £3.4 billion, £10 billion and £34 billion. The £3.4 billion is the net present value using social time preference rate. The £10 billion is inflation adjusted, and the £34 billion is the nominal value by the Government Actuary’s Department. The question is, why use net present value? I put it earlier in the debate that there is no other precedent in the world for NPV being used in sovereignty matters. The Minister at the time asked whether the Conservatives want to do away with using NPV—of course not.

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