Baroness Chapman of Darlington (Lab)

They are very different things. I encourage the noble Lord to investigate this a little further and am happy to work with him on that. The fact is that this particular committee does not speak on behalf of the UN and there are many equivalent committees across the UN that also do not speak on behalf of member states. If noble Lords want to verify that, it is entirely up to them to do so, but that is the situation. To continue, the Government’s priority remains the protection of the British people, including British Chagossians. As the location of a military base with sensitive capabilities and assets vital to the UK’s national security, it would not be appropriate for Diego Garcia to be included in Mauritius’s programme of resettlement. However, both the UK and the Republic of Mauritius remain committed to facilitating a programme of heritage visits to the Chagos Archipelago, including Diego Garcia. Chagossians will also retain the opportunity to work on Diego Garcia through contracted employment at the base. In respect of Amendments 9, 16, 24 and 48 concerning the 2 December decision by the Committee on the Elimination of Racial Discrimination, the Government’s position is clear. The CERD is an independent body of experts that—I am repeating myself, but I want to make it absolutely clear for noble Lords—does not speak on behalf of the United Nations or of UN member states. The UK does not agree with the approach that the CERD has taken. The UN Secretary-General and the African Union chairperson have both welcomed the agreement. The treaty protects the base and our national security, which is why it has also been welcomed by the US, our Five Eyes partners and other important partners who appreciate the strategic importance of the base. Mauritius has also firmly and categorically rejected the CERD decision, and the Government therefore reject the tabled amendments. Amendment 5 on migrants and asylum, from the noble Lord, Lord Callanan, is not necessary and therefore we do not accept it. The treaty already ensures Mauritian responsibility for and jurisdiction over all migrants arriving to the Chagos Archipelago, including Diego Garcia. The treaty closes a potential illegal migration route to the UK. The UK Government are already in the process of agreeing with Mauritius the separate arrangements referenced in paragraph 10 of annex 2 of the treaty to assess and facilitate that exercise of Mauritian jurisdiction. There are ongoing negotiations; I will not provide a running commentary, but both Mauritius and the UK agree that it would be for Mauritius to take responsibility for any migrants, including for any asylum or international protection claims. There is therefore no need for the Government to provide a report on the negotiations through an amendment to the Bill. I hope that answers noble Lords’ queries about that issue at this stage and that the noble Lord will withdraw his amendment.