Lord Hannay of Chiswick (CB)

My Lords, I have been advised that it is not obligatory for me to declare an interest in this matter but, on the basis that it is better to be safe than sorry, I will do so. During a period in 1979, I was the head of the Foreign and Commonwealth Office department responsible for the British Indian Ocean Territory. The Bill to which we are giving a Second Reading—and I hope that is what we are doing—is by no means the first time the House has debated the UK-Mauritius treaty on the Chagos Islands. Ratification under the CRaG procedure took place on 30 June on the basis of a report from your Lordships’ International Agreements Committee, on which I have the honour to serve but not to represent. The House was divided by the Opposition on that occasion but the report was endorsed by a majority, and the CRaG process was thus completed in the sense recommended by the committee. Today’s Bill is simply needed to bring our domestic legislation into line with that decision. I hope that that can now be done speedily and without further controversy. It is with some regret that I hear signs that that may not happen. The legal testimony the International Agreements Committee was given before it reached its conclusion that the agreement should be ratified was not unanimous, but the committee’s view was that the most compelling evidence was that of Sir Christopher Greenwood, a former British judge of the International Court of Justice. His view was that if the UK were not to ratify the agreement, Mauritius could be expected to pursue actively the matter through international courts and, in the light of the opinion handed down by the International Court of Justice, to win such cases with damaging consequences for our security interests in the base at Diego Garcia and for those of our closest security ally, the United States. In addition, Sir Christopher pointed out that it was not correct to assert that the UK agreement with Mauritius amounted to the seceding of sovereignty since the International Court of Justice opinion already established that that step had been taken when the UK granted independence to Mauritius. That view was accepted by the international community. It is relevant too to recall that Governments of both main parties have frequently stood at the Dispatch Box and stated, without ambiguity, that the British Government upheld the rules-based international order. It cannot seriously be disputed that a finding of the International Court of Justice, whether advisory or mandatory, is an integral part of that rules-based order. To suggest now that the International Court of Justice opinion could be ignored or set aside would surely be incompatible with those statements of policy so frequently repeated. At a time when the rules-based order is under such widespread attack, that course could hardly be in our national interest. Nor can we afford to ignore the fact that the 99-year lease on the base at Diego Garcia, with the possibility of extension, is sufficient to meet the security requirements of our closest ally, the United States, which is backing the agreement. To put those interests at risk by frustrating their implementation would seem to be an act of singular folly. All this is to ignore the fact—as has been made clear in the debate already—that the previous Government held 11 rounds of negotiations on a similar basis to what has now been concluded in a negotiated agreement. If last year’s election had had a different result, can it be seriously doubted that the present Opposition would have been defending an agreement similar to the one that this House cleared on 30 June? None of these considerations invalidates the judgment that successive British Governments behaved in a lamentable way towards the Chagossian inhabitants of the islands, many of whom are now British citizens. The provisions agreed to mitigate these past failings are part of the Bill before us today, and rightly so. They are not, however, a reason to reject the agreement, or to delay it. To do that would in reality bring no satisfaction or benefit to anyone—quite the contrary.