Contribution
I hesitate to correct the noble Lord. I think what I said in response to the point raised by the noble Lord, Lord Beamish, was that the sovereign base areas in Cyprus and this arrangement are not the same. The point that the noble Lord, Lord Beamish, made was, in fact, about expeditiously communicating with Cyprus if we are going to do something. With the greatest respect to the noble Lord, Lord Hannay, I thank him for his intervention but I think we are slightly on different planes.
I had got to the UK’s position under Annex 1, paragraph 1A, which says that the UK shall have
“unrestricted access, basing and overflight for United Kingdom and United States of America aircraft and vessels to enter into the sea and airspace of Diego Garcia”.
That is good. Annex 1, paragraph 1B(i), says the UK shall have “unrestricted ability” to
“control the conduct and deployment of armed operations and lethal capabilities”
on Diego Garcia. That is strong; it is a clear reassurance and there should be no ambiguity as to what it means. But less clear is Annex 1, paragraph 1B(viii), which says the UK shall have “unrestricted ability” to
“permit access, basing and overflight for non-United Kingdom and non-United States of America aircraft and vessels, upon notification to Mauritius”.
If that is merely a courtesy intimation then it does not compromise the UK controlling the conduct and deployment of armed operations and lethal capabilities on Diego Garcia. If that notification requires the consent of Mauritius then it most assuredly does, so can the Minister confirm that such intimation is purely a courtesy and that consent to the proposed action is not required from Mauritius?
Under Annex 1, paragraph 2, the UK
“agrees to expeditiously inform Mauritius of any armed attack on a third State directly emanating from the Base on Diego Garcia”.
It is in the middle of the Indian Ocean, and a territorial armed attack on a third state could theoretically be mounted from the base, albeit that is perhaps unlikely. Can the Minister confirm whether that obligation to inform “expeditiously” extends to assets which, for example, merely called into the base to refuel and are once again at sea or airborne? Does that obligation also apply if UK forces disable hostile aircraft, drones, ships or other devices which present a threat to the base?
I ask these questions because in any live conflict, the environment is kinetic. The last thing on the minds of military commanders will be seeking consents. These questions which I have posed require clear, unambiguous answers.
I turn to how the agreement engages with the Bill. I would have thought that the issues I have already raised, plus the importance of the role of the joint commission under Article 12 and the mechanism for setting disputes under Article 14, all merit a specific mention in the Bill. Can the Minister confirm whether the Government are prepared to look at the drafting of the Bill with a view to incorporating some of these issues into it?
Specifically, there is in the Bill a reservation to His Majesty under his prerogative to make laws for Diego Garcia and to empower His Majesty to make Orders in Council. I raised this at the very helpful briefing meeting held by the Minister, for which I thank her, but I will add this point. His Majesty is commander-in-chief of the Armed Forces. What if a threat to the safety of our Armed Forces manifests in the base itself or in the assets operating from there? If there is a disagreement with Mauritius as to the character and gravity of that threat and how the UK proposes to respond, does the lawmaking power under Clause 3(3) prevail to do whatever is necessary to protect our military and civilian personnel and our assets?
This agreement raises two profound concerns. First, if the Government concede this area of British sovereignty, how safe are our other crown territories—the Falklands, Gibraltar and our sovereign bases in Cyprus? The moment that lawyers come sniffing around any of those, will this Government be resolute and stand up to that? Secondly, this agreement should not be seen as some tying up of loose legal ends with a box ticked. It has a significant impact on the British taxpayer, on the Chagossians themselves and on our defence and security interests.
Notwithstanding the acknowledged authority of the noble Lords, Lord Browne of Ladyton and Lord Beamish, and the respect in which they are held in this House, the lack of support from the Government’s own Back Benches is troubling. I look forward to the Minister’s response, because this debate has raised a series of profoundly concerning substantive issues, and this Chamber needs reassurance.