Stephen Doughty

Let me make some progress on the issue of termination. 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.