Member

However, in this exceptional case, where the continuation of the prerogative powers is confirmed by this statute, it is in my view consistent with the best constitutional position that the orders may be subject to parliamentary scrutiny while not being regarded as statutory instruments under the terms of the 1946 Statutory Instruments Act. That is the position in the Bill, and it provides for a clear constitutional narrative particular to the circumstances the Bill will give rise to. It will be stronger than simply relying on the proposition that Diego Garcia is just like another British Overseas Territory, when it is clearly not, because of the recognition of Mauritius’ sovereignty in relation to Diego Garcia. Nor is it analogous to the sovereign base areas in Cyprus, as I explained.