Lord Morrow (DUP)

My Lords, I wish to make some comments on Amendment 22 in my name, and I will seek not to transgress my time in relation to this one. In Committee, the noble Lords, Lord Lilley and Lord Callanan, and the noble Baroness, Lady Goldie, pointed out the difficulty arising from the fact that while the Mauritius treaty makes provision for the leasing of Diego Garcia by the United Kingdom, this does not change the fact that in the event that the Mauritius treaty is ratified, Diego Garcia would come under the sovereignty of Mauritius. This is problematic for two reasons at least. First, the Republic of Mauritius is a signatory to the Pelindaba treaty, which means that no nuclear weapons can be held in the territory over which it is sovereign. Secondly, Article 7 of the Mauritius treaty expressly states: “Each Party confirms that none of its existing international obligations or arrangements now in force or effect between it and any third party is in conflict with the provisions of this Agreement, and that nothing in this Agreement shall affect the status of existing international obligations or arrangements except as expressly provided for in this Agreement”. Can the Minister confirm—I know the noble Baroness, Lady Goldie, has already made reference to this—that the Government have discussed this matter in its entirety with the Government of the United States and that they have confirmation from the US that they have secured their solemn pledge that no nuclear submarines or other nuclear weapons will be able to be taken to Diego Garcia if sovereignty is transferred? I look forward to hearing what the Minister has to say on that point. But I very gently say that while of course he must not discuss operational matters, this cannot be pushed as an excuse for dodging questions about compliance with international law. Any attempt to deploy that stratagem, to the point of avoiding the demonstration of compliance with international law when non-compliance is feared, would form a deeply troubling precedent.