Lord Hannan of Kingsclere (Con)

My Lords, I shall speak to Amendments 11, 12, 13 and 16, in the name of my noble friend Lord Lilley, who is detained by difficult transport situations in France—he is perhaps not the only person in that situation—and, in the interest of brevity, to my own Amendments 24 and 25. Some of them would make Mauritius responsible for any outstanding reparation claims—it seems odd that that needs to be said, but such is the asymmetry of this deal in every other regard that it is worth setting out that it would be very strange if Britain remained liable despite having handed away the territory—while some ask for ratification to be delayed until after we have heard from your Lordships’ International Relations and Defence Committee. In the interests of brevity, I shall talk about just three points in this group. The first is the timing of the ratification process. A judicial review was brought on 26 October by some diasporan Chagossians, some of them born on the Chagos Islands and some born in exile. Lengthy and detailed arguments were heard that day, and the judgment was initially expected on the same day. Then we were told that the ruling would come the following week, and then that it would come before Christmas, and now that it will come on 12 January. So why are we breaking with precedent and convention and rushing ahead with Third Reading without the customary lapse of at least three days between Committee and Third Reading? It seems to me unfortunate that we are creating the appearance of collusion. We are creating the appearance of rushing through the Bill so that the judicial review will be ineffective. That criticism could easily have been anticipated—the noble Baroness, Lady Anderson, said she had never heard about prebuttal, but there will be a lot of prebuttal and rebuttal and some fairly crucial “buttal” in all this, I suspect—by our observing our normal timetables and allowing a reasonable time to elapse. The second is the point referred to by my noble friend Lord Callanan: the decision on 8 December by the UN Committee on the Elimination of Racial Discrimination, which called on “both Mauritius and the United Kingdom to suspend ratification of the agreement, and to engage immediately in a renewed dialogue to ensure the free, prior and informed consent of the Chagossian people”. Given that the entire Bill is predicated on this Government’s exaggerated deference to non-binding opinions by courts that have no jurisdiction, that alone ought to have put an end to the entire business. If we are so in hock to UN bodies—without jurisdiction, in this case—telling us what they think, which we treat as final and binding, why did we do so on the first but not on this?