Lord Purvis of Tweed (LD)

My Lords, these Benches believe that the UK has a very special responsibility for the overseas territories and the people who live within them. There should be a fundamental principle that nothing should be decided about them without them. Their participation, and ultimately their consent, is of the greatest importance. I hope that the Minister will agree with that. It has been interesting to see this suddenly becoming a highly party-political issue. The overseas territories and their sovereignty were not part of a negotiating mandate with the European Union after Brexit, for example. The noble Lord, Lord Callanan, was the Minister at the time. When it came to consideration for the overseas territories and their sovereignty in our key relationship with the European Union, the Falkland Islands were excluded. That has meant that they have been paying £15 million in tariffs to land fishing, critical for not only the economy but the sustainability and the sovereignty of the islands. Therefore, some vessels from the Falkland Islands have to be flagged as Spanish in order to access the single market, something that my party leader, Sir Ed Davey, challenged the Prime Minister on. I hope that we can correct this as a result of the previous Government’s omission with the OTs. On Gibraltar, the prospect of the EU frontier force, FRONTEX, being at the border entry point into the United Kingdom is a result of the previous Government not including sovereignty of the OTs as part of a negotiation mandate. Both the Falkland Islands Government and the Gibraltar Government warned the previous Government of the consequences, and now this Government have to correct those errors. The noble Baroness, Lady Sugg, said yesterday that the issue of the Chagos Islands’ sovereignty was a non-starter. It apparently took 11 rounds of negotiations for the previous Government to decide that it was a non-starter before the general election. A cynic might think that the previous Government knew that there would have to be some tough decisions on the Falklands for fishing, Gibraltar for EU security and Chagos for international law and thought that this was probably best left to their successors in government. The Minister said yesterday in response to my question that there was not one Chagossian voice. If that were the case, the need for their participation and consent in the process going forward is critical. The House is well aware of my views on the deficiencies of the Constitutional Reform and Governance Act on treaty ratification in previous times. Labour, in opposition, had supported calls for resolutions on potential treaty areas which were of concern for human rights. The previous Government resisted this; I welcome the U-turn of the Conservative Party in now calling for a resolution on a treaty. I tried 17 times to call for Motions on treaties, which were resisted by the previous Government, so I hope that there will be consensus on this. Perhaps the Minister will respond to some specific points. First, how will the financing with regard to the Chagossians’ relocation work, and what will be the timetable? How will location and relocation mechanisms be put in place and over what timeframe? Finally, regarding the Minister’s reply to me yesterday on primary legislation, what is the extent of that legislation, and will the Government commit to ensuring that the Long Title is sufficiently flexible for there to be scrutiny of the wider impacts? Of course there are geopolitical impacts; therefore, the timing of this decision, the treaty and the legislation, linked with the strategic defence review, are critical, as well as the ability for Parliament to resolve that the voice of the Chagossians will be heard and that consent will be a critical part of it.