Diego Garcia Military Base and British Indian Ocean Territory Bill
My right hon. Friend makes an extremely powerful point. The Henry VIII powers in the Bill are not limited at all. I heard so many complaints when I was a Minister from the Labour party about Henry VIII powers. The Bill literally gives Ministers the ability to change any existing piece of legislation in any sphere whatsoever if it is necessary to implement this deal. There can never have been a Henry VIII power as powerful as that given to Ministers by this legislation, which is all to do with the surrender of Chagos and the transfer of tens of billions of pounds to a foreign power—a foreign power that is in a strategic partnership with China and in close workings with other countries that are not on our side. What on earth was the Prime Minister thinking? As the Minister lay in bed last night tossing and turning in anticipation of the debate, I am sure that that was the question that went round and round in his head.
So many questions remain to be answered. Why did the Prime Minister say that the payment would be £3.4 billion when the Government’s own offices now show that it will be at least £35 billion? Is this the most important strategic base in the Indian ocean? Can the Minister confirm that Diego Garcia is effectively a US base, manned by thousands of Americans, with at most a few dozen Brits there in liaison? If this is in fact a United States base and not operationally—
Diego Garcia Military Base and British Indian Ocean Territory Bill
It might be a joint base technically, but what is it in reality? I would love an intervention from the Defence Minister; he could tell us. How much do we use it operationally, because there are thousands of Americans there and, as I understand it—unless he corrects me—at most dozens of Brits. In other words, it is a United States base on sovereign UK territory that we will pay tens of billions of pounds for over the next 100 years to provide it to the Americans for free. It makes no sense, and I do not see why we have had no answer from Ministers as to why that is a sensible use of public money.
Diego Garcia Military Base and British Indian Ocean Territory Bill
The United States plays a critical role as a member of NATO and as a key ally—if not the key ally—of ours, but despite the priceless nature of the service it provides, we do not typically pay for it. We do not normally pay for its bases; we pay for our own.
Diego Garcia Military Base and British Indian Ocean Territory Bill
My right hon. Friend makes a powerful point. That is at the heart of it. There are so many questions but one question is: why? Why would a deal like this be done by the Government? He puts forward a credible case as to why it might be.
Diego Garcia Military Base and British Indian Ocean Territory Bill
Perhaps the hon. Gentleman, who is not brave enough to speak fully but is prepared to intervene, can tell us why he would like to vote, if only he was given the chance, to give £35 billion to Mauritius and hand over a sovereign British base to someone in strategic partnership with China.
Diego Garcia Military Base and British Indian Ocean Territory Bill
The right hon. Gentleman is quite right to ask that question. That is what we are trying to get to the bottom of, and we hope to hear answers from the Minister this evening so that ordinary citizens of this country can understand how it is in the UK’s interest to do this.
Of course, other points have been touched on, including, quite rightly, the Chagossians. Why is the Labour party—the party so committed to human rights and which very much sees itself as champion for the underdog—absolutely disregarding the Chagossians? As the hon. Member for Bolton West suggested, Labour also sets itself out as a nature and climate champion, yet it is handing this asset over to a country without the wherewithal—I do not know about the will, but it is certainly without the wherewithal—to ensure that the protection of that marine area continues. That is the problem, and it is why we need answers from the Minister. The Government may be unable to get anyone to speak in favour of the Bill, but they should think again, accept the amendments and new clauses, and bring some light to bear on this rather murky issue.
Diego Garcia Military Base and British Indian Ocean Territory Bill
We are trying to get to the bottom of precisely why the Labour Government would make this deal. The hundreds of people who worked at the Vivergo plant in my constituency were sold out by the Prime Minister who, in a personal call with the President of the United States, surrendered the entire bioethanol market of this country to the United States, with nothing in return, at the end of an already concluded trade deal negotiation. It is things like that that make us worry what is behind this Bill, what is the secret deal and exactly who has been sold out.
Diego Garcia Military Base and British Indian Ocean Territory Bill
We are all wrestling with the question “Why?” As my hon. Friend has said, the Government’s position was clear in 2017: namely, that the ICJ had no power over a deal we made with a Commonwealth member. Perhaps this Prime Minister has, without telling us, reversed that in some way, and the Government have decided that this should be subject to the ICJ, in which case the Minister would have a point, but should we not know that we made ourselves subject to the ICJ when previously we were not? What other answers are there?
Diego Garcia Military Base and British Indian Ocean Territory Bill
I am grateful to the Minister for giving way—he is being very generous. In 2017, the clear position was that the International Court of Justice was not in a position to adjudicate on the relationship between us and a member of the Commonwealth. Has that changed, and, if so, when?
I have spoken to many anxious parents whose children have not been in receipt of an EHCP or local authority funding but would historically have benefited from independent education provision because of their SEND needs. One of their concerns is that such provision can no longer be afforded because of the imposition of 20% VAT on those schools. On behalf of those parents, I implore the Government to look at that again and do a U-turn.
The Minister has repeatedly said that he is extremely disappointed that this case did not proceed to trial. That is thin gruel if all the steps necessary to ensure that it got to trial were not taken. With that in mind, can he set out whether the report in The Sunday Times over the weekend that the Prime Minister and other Ministers were aware of the imminent collapse on 12 September is correct? If that is correct, can he set out what steps the Home Secretary took to ensure that the CPS had the evidence it needed?
I appreciate the Minister’s clarity, which he keeps talking about. On that basis, let me say this. The case collapsed. This is about leadership. He has seen all the evidence in public, and all the evidence in private. Was China spying on two Members of Parliament in this case—yes or no?
Diego Garcia Military Base and British Indian Ocean Territory Bill
Does my right hon. Friend agree that under the Bill, if there is no agreement, although we can be first offer, Mauritius can decide simply to close and fold the base, leaving it completely void, so there is no protection against that?
Diego Garcia Military Base and British Indian Ocean Territory Bill
This issue has been disputed. Is it not the point that the United Nations convention on the law of the sea cannot pass judgment on sovereignty because of the ruling that was made between Mauritius and the UK on marine protection back in 2015? That was under annexe VII, which was tried and tested. Britain was found wanting on that, because we had not properly talked through what should happen with the Mauritians. What the Mauritians actually wanted to do was to open it for fishing. How can we assure the protection for this area? That is why we need to amend the Bill.
Diego Garcia Military Base and British Indian Ocean Territory Bill
I will speak to the amendments, starting with amendments 1 and 7, and take a canter through my position, as my constituents will have an interest in that.
My right hon. Friend the Member for Beverley and Holderness (Graham Stuart) asked the important question why. Amendments 1 and 7 try to address the most important issue: context. As my right hon. Friend the Member for New Forest East (Sir Julian Lewis) pointed out, our signing this deal does not make sense. The Government have been weak in presenting the evidence for why they think we should sign the deal. I wrote to the Government to ask them to explain, and I was able to pull their response apart on Second Reading, one step at a time, explaining why their reasons do not fit.
Context is really important. I thought that the deal did not make sense, but factoring in the collapsed spy trial, the billion pounds provided to the steel factories, the pending decision on the embassy—yes, maybe no—and the change in the language used around the subject of China, we need to get to the heart of what is going on. The amendments are an attempt to do that in the name of transparency, which is hugely important.
Diego Garcia Military Base and British Indian Ocean Territory Bill
I would be interested to hear an answer to that, as we have tried several times to get the Government to quantify whether China is a threat, a friend, an ally or a foe.
Amendment 7 tries to look at
“an analysis of the status of UK’s sovereignty over the British Indian Ocean Territory under international law;”.
From talking about this previously, we know that UNCLOS, which is often used as the example of why we have to secede the territory, cannot preside over sovereignty, as was said in 2015 when dealing with the marine protected area. We have also heard the Government stress the importance of the International Telecommunications Union, saying that the issue is to do with spectre and spies. However, we know that there is a carve-out, because we heard about that on Second Reading.
That leaves us with the International Court of Justice, which is often held up as the key point. On Second Reading, I was taken by the fact that it is alleged that we have an opt-out under the Commonwealth, so I went away to have a quick look. On the ICJ website, as hon. Members can see, the “Declarations recognising the jurisdiction of the Court as compulsory—United Kingdom of Great Britain and Northern Ireland” were published on 22 February 2017. I quote:
“1. The Government of the United Kingdom of Great Britain and Northern Ireland accepts as compulsory ipso facto and without special convention, on condition of reciprocity, the jurisdiction of the International Court of Justice, ln conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to terminate the acceptance, over all disputes arising after 1 January 1987, with regard to situations or facts subsequent to the same date, other than:”—
these are critical points—
“(i) any dispute which the United Kingdom has agreed with the other Party or Parties thereto to settle by some other method of peaceful settlement; (ii) any dispute with the government of any other country which is or has been a Member of the Commonwealth;”.
That is there in black and white.
However, the Government have yet to mention that in any of debates or letters about their legal position. We need amendments 1 and 7 to be able to understand why the Government do not see that as a strong enough argument to hold up. This nonsense about whether or not there are negotiations is answered there too, because those declarations say:
“any method of peaceful settlement”.
Any good Government would try to resolve the dispute in a peaceful manner.
I am surprised at that from a Labour party whose Members pride themselves on being trade unionists, who make a living from negotiating and trying to come to a solution without the matter going to a court. That is exactly what they should be doing, but the Conservatives are being chastised for trying to have a conversation to resolve the situation. The fact was that we did not come up with a deal because the deal was not good enough.
The Labour Opposition moved into power and have now put forward this horrendous Bill that gives away power, but at what cost? They are not even going to try in court or use some of the simple arguments which I, as a doctor, have found after spending time researching. I am sure that in this great country we have many legal buffs that could put forward that argument, but if the government do not feel that it stands, they should come to this House and tell us why—put it in evidence, write it out and tell us all, and we will go quietly. However, we are not hearing or seeing that from this Government, which is why we need amendments 1 and 7.
Turning to amendments 3, 4 and 6, as has been rightly pointed out by my right hon. Friend the Member for Beverley and Holderness it is clear that the Bill gives carte blanche to this Government, or any other, to do whatever they want. We may as well not even bother having a debate about the Bill—it is not worth the paper it is written on—because the Henry VIII powers mean that Ministers can do what they will, when they will without coming to Parliament. At least these amendments try to ensure some accountability of the Executive to this House, because this House should be making these decisions, especially given their magnitude. We have heard from the Government that it is a priceless base and we have heard from the Conservative Benches about its geopolitical and security importance. Should the House not be making decisions about what that looks like?
New clause 1 talks about the payments. On Second Reading, I asked the Minister whether he could give me any example, from any part of the world, of when we have dealt with sovereignty using net present value. He said it was in the Green Book, but that is for domestic sites and used by the Treasury to look at civil development. I hope the Minister has gone away and done some research, because I think he will find that there is not a precedent, as net present value is not the correct measure and is open to political interference. For example, we use 3.5% and America uses 7%. We can fudge the numbers to fit the narrative that we would like to set.
There is one other problem. The explanatory notes stipulate only 30 years. Unless I have misquoted, this deal goes for 99 years, so what happens in the remaining 70 years? That is why new clause 1 would bring in a robust check to ensure that when the finances are paid out, we know exactly why we are paying, who we are paying and what we are paying for. Most importantly, we would know the mechanism of how the finances were calculated, because the Government still have not come to this place and set that out exactly.
Let me turn to new clause 2. What happens at the end? I raised that as my final point when I spoke on Second Reading. We have heard about long-term security, but in this place we think only on a five-year cycle; this is a 99-year cycle. My biggest fear is that my children’s children’s children, if they are ever elected to this Parliament, will be having a debate in 99 years with the same issues about what happens. It is a dereliction of duty on our behalf in this House not to think things through.
Diego Garcia Military Base and British Indian Ocean Territory Bill
As ever, my learned right hon. Friend has pipped me to the punch. That is exactly a good example of the kind of sites we are worried about. What has that meant? We have taken on British nationals overseas and invited them in to give them security, because they feared for political interference and, worse still, for the safety of themselves and their families.
We are not doing our duties if we are not thinking about these things, because, as we have already seen, it is hard enough to predict things in two or three years’ time, let alone 100 years. At that point, as it is written, we will get the best offer, but it will be only offered to us. We could be outstripped by China, Russia or a BRIC country in the future—we do not know; it is 100 years away—and there is no mechanism to solve that. Worse still, Mauritius could simply say, “We do not want a base here at all,” and there is nothing in this Bill that would stop that. The Government repeatedly have been asked those questions, and they cannot set that out. That is why new clause 2 asks for those impacts to be considered and looked at.
New clause 3 would move the marine protected area. I will return to a point I made earlier. The fact is that when Britain and the United Kingdom were taken under UNCLOS in 2010 by Mauritius under annex VII, we wanted to implement protections in the area. Mauritius felt that that impeded on its ability to make its own decisions, which the court found in favour of, and it also wanted to fish in the area. Hang on a second! We are putting weaknesses into this Bill when we know that Mauritius has set its intent. I hope it has moved on, as the debate on climate has, but this new clause would be a guarantee to ensure that that has been thought about.
Let me turn to new clause 5. I appreciate the Minister stepping up, because there has already been debate about the Peros Banhos islands, and he has said there are no concerns that they will be leased to China. Let us be real: this Bill has only just come out—the ink is barely dry—and we already hear stories. Many journalists have already talked about this issue. Maybe I am wrong, but that shows the examples of what could and will come without paying attention to the security and the geopolitical and strategic advantage that these islands have, which my hon. and gallant Friend the Member for South Shropshire (Stuart Anderson) talked about. All new clause 5 asks us to do is ensure that that is reported on and looked at. Again, there is a dereliction of duty by not having that reported.
I could go on, because there are many more amendments, but the salient points in this debate have been made. All the amendments tabled in the names of Conservatives— and, to be fair, in the names of Members of many other Opposition parties—ask for one simple thing: transparency and explanation. They ask for a simple way of seeing what the legal advice does and where the financial outcome comes.
Diego Garcia Military Base and British Indian Ocean Territory Bill
The Minister is nodding along, but there must be something wrong if the public and Opposition Members cannot simply understand the arguments for what is being put in place. We cannot see the wood for the trees. It is a Government’s duty to show those arguments, and I look forward to the Minister doing that in his response and putting these arguments to bed once and for all. Otherwise, the British public will not forgive him.
Diego Garcia Military Base and British Indian Ocean Territory Bill
The right hon. Member is making a powerful point. Is not part of the problem that we do not even know which budget the money is coming out of? That is the kind of simple question that the man or woman on the street would expect us to be able answer.
Draft Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025
It is a pleasure to serve under your chairmanship, Mr Vickers. The draft order will increase the limits on the overall compensation that may be paid to individuals who have suffered a miscarriage of justice and are eligible for compensation under the Criminal Justice Act 1988 or the Armed Forces Act 2006.
As the Minister said, in simple terms, the measure will raise the maximum amount that can be awarded to someone whose conviction has been quashed after serving time in custody. The existing caps, which have been in place since 2008, are £1 million for those who have spent 10 years or more in qualifying detention, and £500,000 in other cases. The draft order increases those limits by 30% to £1.3 million and £650,000, respectively. It also makes corresponding changes to ensure that the civilian and armed forces compensation schemes remain aligned.
When the state deprives someone of their liberty and it later transpires that they were innocent, the damage done to their life is profound. No amount of money can make up for the lost years and lost relationships, but the law rightly recognises that society owes something to such individuals. Those who have suffered a miscarriage of justice deserve to be treated with dignity and fairness, which includes ensuring that compensation is not eroded by inflation or the passage of time. It has been 17 years since the caps were first introduced, and their real value has inevitably diminished. The draft order is the Government’s approach to addressing that, and the Opposition have nothing further to add to what the Minister said in that regard.
Diego Garcia Military Base and British Indian Ocean Territory Bill
In this House, there is often talk about millions of pounds for this and billions of pounds for that. It is difficult sometimes to get in one’s mind the scale of the money. Last year, the Chancellor said that she was going to raise national insurance and lower the threshold. We know how much damage that has done to the country, yet it was said at the time that it would raise £25.7 billion. That would not even pay for this deal. That is the amount of money they are going to give away today.
I think most people would consider things that are threatening indeed to be threats, so we can only assume that the Minister has been instructed that he cannot make such a statement from the Dispatch Box. Will he help us to understand better the Government’s position on their relationship with China. Is China an ally? Is it a friend? Will he explain that?
Order. I have not imposed a time limit, but the hon. Gentleman has been going on considerably longer than other colleagues. He may wish to reflect on that.
After the creative reimagining of the Government’s target for hiring more teachers, it would be helpful to have some precision on the record for the target of two thirds of young people in higher learning. We know that higher learning means level 4 or above, but what exactly is a gold-standard apprenticeship? Does it mean one in growth sectors with very high levels of completion?
The number of EHCPs being maintained by Hampshire county council is rising exponentially, but the funding is simply not keeping pace with the demand and the cost. Surprisingly, the proportion of pupils receiving SEND support in mainstream schools is going down, which demonstrates to me that teachers simply do not feel sufficiently supported to support those children. The last Government introduced the Oliver McGowan mandatory training in neurodivergence for all health and care professionals. I met the Minister’s predecessor to discuss introducing a similar programme for education professionals. Would the Minister look again at how that programme could support teachers who are struggling in some of the most difficult educational circumstances?
On Friday, the club’s chief executive raised concerns about what the ban on fans actually signals. The Secretary of State will be aware that this is not the first time we have heard about Jewish people not feeling safe at either cultural or sporting events, whether that was the scenes at Glastonbury this year or the boycotts, protests and cancellations of Jewish performers at venues around the country. I am really grateful for the Secretary of State’s commitment today, but can she set out a bit more on what specifically she is doing to ensure that Jewish people feel safe and welcome to participate in cultural life in the UK?
Last Wednesday, the Prime Minister told this House that no Minister or special adviser was involved in the handling of the China spy case, yet The Sunday Times has since reported that the Home Secretary had
“heard that the case might collapse and had made representations to ensure the evidence put forward was as ‘strong as possible’.”
So I ask the Minister: when did the Home Secretary become aware that the case might collapse, and what representations did she or her proxies make about the evidence and to whom? Why has the House been told—including just now—that Ministers and advisers were not involved in any way when The Sunday Times reports that they were?
The Sunday Times also reported on a key meeting that took place on 1 September—a meeting that the Government originally denied took place. Is it true that Jonathan Powell chaired that meeting? Did that meeting discuss the CPS view that the evidence provided to that point was inadequate, and the possibility of providing further evidence in the case? Will the Minister agree to publish the minutes of all meetings in which this case was discussed and the correspondence relating to it?
The Sunday Times reported that following the meeting, the Attorney General’s Office was asked to speak to the CPS. Did anyone from the AGO speak directly or indirectly to the CPS after that meeting? Can the Minister confirm that Dan Chugg from the Foreign Office was at the 1 September meeting, and that it was the same Dan Chugg who approached the Lord Speaker with a proposed deal in which the Chinese ambassador would be allowed back into Parliament? The Sunday Times also reported that the DNSA is understood to have acknowledged privately that the decision not to say that China is an ongoing threat was political in nature. Is that true?
Finally, the current Government’s position has been that all the evidence provided related to the previous Government’s policy, but we now know that that is categorically not true. In paragraph 8 of Matt Collins’s third statement, from August this year, which he copied and pasted from the Labour manifesto, he stressed the importance the current Government attach to a “positive relationship” with China, weakening the evidence compared with 2023 and bringing in current Government policy, contrary to what we have been told in recent weeks. Why have the Government been providing this House with inaccurate information, and why did Ministers know what the CPS wanted but refuse to give it to the CPS?
Diego Garcia Military Base and British Indian Ocean Territory Bill
Order. I will give the hon. Gentleman the same warning that I gave the right hon. Member for Beverley and Holderness (Graham Stuart). He needs to be very careful with his language.