Bus Services (No. 2) Bill [Lords]
The hon. Gentleman has repeatedly used the words “you” and “yours” throughout this afternoon’s proceedings. Please can he do better?
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The hon. Gentleman has repeatedly used the words “you” and “yours” throughout this afternoon’s proceedings. Please can he do better?
I welcome the new Secretary of State to her position. Will she look at the downloading of virtual private networks, which allow people to get content from all over the world? Many VPNs are based overseas. Once they are downloaded, parents have no control whatsoever if their children are then accessing immoral and illegal content.
I was surprised and disappointed that there was no word from the Secretary of State in relation to the terrorist attack in Jerusalem on Monday, where terrorists opened fire on a bus, killing rabbis and women. The reality is that Hamas’s leadership not only condoned the attack, but praised it. Does the Minister agree that it is essential that we get to the point of having a ceasefire that allows for the release of all the hostages without conditions, and for Hamas to surrender their weapons and agree to demilitarise Gaza?
I recently visited the Royal Air Force in Poland during its recent deployment in NATO’s enhanced air policing mission during Op Chessman, where I saw at first hand RAF Typhoons scrambled to intercept a Russian signals intelligence Coot-A—Poland feels the threat from Russia much more keenly than I think we appreciate in this House. In the drones debate last week, I raised with the Minister that we have a paucity of counter-UAS capability. While we obviously do not face the risk that Poland does or have plans such as the East Shield, what steps are the Government taking to ensure that our own territory, critical infrastructure and military bases—both here and overseas—possess an organic capability that can be brought to bear?
I beg to move, That this House has considered the impact of the Equality Act 2010 on British society. As always, it is a pleasure to serve under your chairmanship, Dr Allin-Khan. I welcome the opportunity to bring to the Floor of the House the issue of the impact on British society of the Equality Act 2010, a topic that I believe is increasingly being raised not only by my constituents in Romford, but more widely across the United Kingdom by people whose lives are affected on a daily basis because of this legislation. It has also been the subject of detailed research in the recent report from the think-tank Don’t Divide Us, which was co-authored by Dr Alka Sehgal Cuthbert and Dr Anna Loutfi, and which I commend to Members of all parties and to the wider public. For centuries, our common-law tradition has been at the vanguard in the defence of what we consider our liberties as Britons. Ushered in 900 years ago and emboldened by Magna Carta in 1215, common law enshrined the once revolutionary principle that all individuals are equal before the law, judged not as members of groups, but as subjects of the Crown, with inherent rights. From that tradition came trial by jury, which has its origins in Anglo-Saxon England, habeas corpus and the presumption of innocence. Were those gifts from Brussels or Strasbourg? Of course not. They are the hard-won fruits of our own history and the innovative quality of our forebears and the generations that have come before us. When the Equality Act was passed in 2010, we were told by the now Baroness Harman that it would end discrimination, give everyone a fair chance in life and bring transparency. Those are fine words indeed, yet they give the impression that Parliament can, through sheer willpower, eliminate some of the more damaging and derisive aspects of human nature. Fifteen years on, the reality is, I am sad to say, very different. The Act has not united our country; it has divided it. It has not reduced discrimination; it has fuelled grievance. It has not strengthened our traditions of fairness; it has undermined them. In fact, it has fanned the very flames that it sought to extinguish. In the first instance, the Act is woefully drafted. Let us take as an example the alleged definition of race. Section 9 defines that as including, but not limited to, “colour; nationality; ethnic or national origins.” That is imprecise and confusing and has generated a grey area in law. Simply put, it is a poor expression of parliamentary intention, whatever that was at the time. We are also seeing absurd contradictions. Section 13(5) bans racial segregation, yet guidance under the Equality Act allows organisations to create separate spaces based on combinations of protected characteristics. In practice, that could mean the state sanctioning racial segregation in Britain in 2025, all in the name of equality. The Act and the imported ideology that underpins it have created a culture of division and victimhood. It is the legislative foundation of what today is called DEI—diversity, equity and inclusion—and the ever-expanding industry of woke training sessions and quotas.
The hon. and learned Member is absolutely right that in this country, sadly, we have divided our own nation by treating Northern Ireland differently from the rest of the kingdom. That was a huge error by, I am afraid to say, the last Conservative Government, which agreed to the Northern Ireland protocol and then the Windsor framework. I am against both, and I look forward to a future Government repealing them so that we have one United Kingdom, where all people in these islands are treated equally and the same. As set out clearly by Don’t Divide Us, the truth is that the Equality Act should really be called the inequality Act. Instead of treating every citizen as an individual equal before the law, the Equality Act elevates certain so-called protected characteristics and encourages people to see themselves not as fellow Britons, but as members of competing groups. Far from promoting individual merit, the Equality Act is simply state-sponsored identity politics. What has been the result? Our English legal system has sadly been Americanised through the introduction of a corrosive culture of litigation in the workplace. Since 2017, race discrimination claims in employment tribunals have tripled, with more than 200,000 cases. Yet only 5% have been upheld, which tells us something very important: either Britain is riddled with invisible discrimination that even our judges cannot detect, which, given the richness of our legal traditions, I simply do not accept, or the law is unfit for purpose. In practice, it has turned the workplace into a battleground of claims and counterclaims. Despite the small number of successful claims, the statistics demonstrate the damage caused in places of work. Victim culture has not only been allowed to dominate the workplace, but been actively encouraged by the legislation. To take one example, in the case of Williams v. Nottingham, the judge noted: “the claimant thinks the existence of a ‘racial disparity’ is in…itself proof of racism”. However, the damage goes much deeper. The Equality Act is not simply a tidying-up of previous anti-discrimination laws; as hinted earlier, it represents a wholesale shift away from our common-law tradition where everyone is equal before the law towards a continental EU-style system based on substantive equality, group rights and bureaucratic enforcement. It was inspired by EU directives, in direct contradiction of our legal heritage. It hands enormous power to quangos, activist lawyers and DEI consultants, while eroding the space for free thought, free speech and personal judgment. Some right hon. and hon. Members suggest that repealing the Equality Act would mean enabling inequality, but that is simply wrong. Just as repealing the Human Rights Act 1998 would not abolish human rights, repealing the Equality Act would not abolish equality. Human rights and equality existed long before these Blairite statutes. In fact, equality as we would define it today finds its roots here in these islands of the United Kingdom. The underlying ideology of diversity is not neutral, as many on the left of politics suggest. It treats diversity as an unqualified good and, by implication, majority identity—whether English, Scots, Christian or British—as a problem to be managed. That is why so many of our constituents feel that these laws are not written for them and certainly not in their interests. The majority who simply want to live by the law, pay their taxes and contribute to society feel increasingly alienated by a system that tells them they have privilege that must be checked, while others are encouraged to claim special treatment. That does not sound like equality to me. The Equality Act has given rise to a sprawling industry, made up of an army of bureaucrats, consultants, trainers and lawyers, all feeding off the taxpayer. Repealing it, as I am advocating today, would mean considerable savings, as vast sums of public money are poured into funding this circus. Repealing the legislation would both restore common sense to our institutions and deliver real value for money to the taxpayer. Estimates suggest substantial savings, with annual reductions in compliance costs running into tens or probably thousands of millions—it is very hard to quantify, but it is a huge sum of money when we consider all the public institutions that spend money on promoting the DEI agenda, money that should be going to our frontline public services instead. The NHS Confederation has indicated that DEI roles alone are costing the taxpayer nearly £40 million, and I am sure that is an underestimate of what is really being spent. That is just one sector; goodness only knows what the total bill is across the public sector, in local government, the police and educational institutions—and let us not forget the BBC. It is time to put the taxpayer first and end this costly charade. The private sector and the corporate world have also been sucked into this dangerous ideology, spending vast sums of money in ticking every woke box while engaging in constant virtue signalling. None of this is cost-free to the public either: ultimately, it all must be paid for out of the pockets of their customers. Some will say, “But you had 14 years in government—why didn’t you repeal it?” to which I say that I, the Member of Parliament for Romford, have opposed the Equality Act from the very beginning. I never believed it would deliver what was promised, and I have consistently warned of the dangers of this ideological agenda. Sadly, too many in my party doubled down on it; some even wanted to extend it. I know that the shadow Minister here today, my right hon. Friend the Member for East Surrey (Claire Coutinho), is not of that view, but sadly, over the last 14 years, many in my party sucked it all up, carried on with it and wanted to extend it. That was a grave mistake, and Britain is suffering as a result. The Labour Government talk of introducing a new race equality Act—another bright idea from the same failed mindset. The Equality Act has caused so much harm; adding another layer of identity politics into the law will make matters even worse, and I urge the Government to rethink that idea. Likewise, we increasingly hear calls to adopt a legal definition of Islamophobia. What kind of society do we want to live in? One where these proposed definitions conflate criticism of an ideology or a religion with hatred of people? Criticising Islam as a religion is not the same as hating people of the Muslim faith. Indeed, freedom of thought and freedom of speech require the ability to critique religious ideas, no matter what the religion may be. To criminalise such critique would be wholly inconsistent with the liberal, democratic principles that have evolved in this country over centuries. It is more important than ever that we as Members of Parliament, in the mother of all Parliaments, do not cower from taking decisions that, at face value, may seem unpopular. Trust me: the residents of my constituency of Romford, and in every corner of the United Kingdom, would wholeheartedly endorse the reversal of these laws, as the problems we face lie at the heart of the legislation itself. In my opinion, we should repeal the Equality Act root and branch, we should repeal the Human Rights Act, and the United Kingdom should withdraw from the European convention on human rights. Indeed, we should dismantle the Blairite constitutional reforms that have corroded our democracy and wedged our politics between a long-standing tradition of parliamentary sovereignty on the one hand, where power rests in this place—the Crown in Parliament—and an attempt at an American-style separation of powers on the other hand that has led to the outsourcing of Parliament’s ability to govern to so-called experts. Those systems are mutually exclusive, and we must pick one. As a Conservative and Unionist, I see the intrinsic value of defending the constitutional traditions that have embedded themselves in these islands for 1,000 years and that have been exported successfully around the world, to the Commonwealth nations in particular. We must return to the great principle that has served this country well for centuries: equality before the law for all citizens, regardless of race, religion, gender or background. That is the British way. That is our common law tradition. That is the true way to guarantee equality. The Equality Act is not bringing our people together; rather, it is driving them apart. It is fuelling an imported woke culture, an unmeritocratic DEI bureaucracy and a corrosive culture of grievance. We must therefore challenge the equality law house of cards constructed over previous decades and topple it to the ground—or face the prospect of an ever more divided society. We should be proud to identify ourselves as British first and foremost and be truly glad to live in a society where all are treated equally under the ancient laws and customs that have made these cherished islands the great nation that it is and must continue to be.
Thank you, Dr Allin-Khan, for chairing today’s debate, which has been extremely valuable. We have heard excellent contributions. There have been different opinions, but we have debated this issue in a respectful way. There are issues to be addressed, and all Members who spoke today have made extremely valid points, coming from different angles. I particularly thank the hon. Member for Wolverhampton West (Warinder Juss) for his remarks. I took on board the point he made about caste discrimination, which is rarely spoken about. I thank him for drawing that to our attention. I thank the hon. Member for Strangford (Jim Shannon), who always makes incredibly valid points in all the debates in which he speaks. He made the point that we may have differences—we all do, as we are all individuals; none of us are the same—but we have to live side by side, and legislation should empower the British people to live side by side in a free society, not pit them against one another and accentuate division by emphasising differences between us. We should be united as British people, rather than looking at how we can be more divided and act like we are victims. Too many in our society today are doing that because the Equality Act has created that culture. My hon. Friend the Member for Reigate (Rebecca Paul) made extremely powerful comments, and I agree with everything she said, particularly about the public sector—especially local government—and how diversity culture has taken over, wasting so much money, causing so many divisions and ignoring issues. My right hon. Friend the Member for East Surrey (Claire Coutinho) made the point about focusing on what matters to real people in the real world, rather than looking inwards. Let us focus on providing good, efficient public services rather than draining resources with the diversity agenda. I thank the hon. Member for East Londonderry (Mr Campbell) and the hon. and learned Member for North Antrim (Jim Allister). They also made extremely valid points, particularly about the division of Northern Ireland from the rest of the United Kingdom, which I have always opposed. My right hon. Friend the Member for East Surrey got absolutely to the point of where this has all gone wrong. All of us want to see people treated fairly and decently in a society in which freedom is cherished, but it does not all have to be legislated for. Often things evolve; society changes in a natural way. If we try to legislate for everything, that is just a gift to the lawyers, judges and consultants, and all the people who will monetise legislation that gives them the opportunity to. I have always respected the Minister, and she spoke brilliantly today. She made points that I did not agree with, but many that I did agree with. I think we have all been subjected to hateful language—as Members of Parliament, we get that probably more than most people—and hatred is wrong in any context. We should always treat people with respect, kindness and generosity, but at the same time prevent those with bad intentions from causing more divisions, so our legislation needs to be minimal rather than opening up more opportunities for division in society. Ultimately, I believe in freedom—freedom with responsibility. I do not believe that diversity is always the right answer. It can cause division, and I think equality can sometimes be the opposite of freedom, so let us get back to basics. Let us be proud of our British heritage, which has always been based on fairness and equality under the law of these islands. I thank all Members for participating in this important debate and I say to those who have not had the chance: please get a copy of the Don’t Divide Us report, because it explains a lot of things that we as Members of Parliament should be addressing today. Question put and agreed to. Resolved, That this House has considered the impact of the Equality Act 2010 on British society.
Q11. My local borough commander in Romford tells me how much valuable police time is being wasted investigating trivial social media posts and non-crime hate incidents. Should the police not be patrolling our streets rather than moderating the internet? Will the Prime Minister commit to urgently updating the Public Order Act 1986 to reflect the realities of the digital age, so that our police are focused on tackling real crime and upholding freedom of speech, rather than suppressing it?
The hon. Lady and I share a huge concern for ensuring access to all types of transport, including buses, for the disabled of every kind. Does she agree that the strike in London, which is crippling transport services, is causing greater harm to the disabled community here than in any other part of the country?
I welcome the Minister to his place. When it comes to holding tech companies accountable for using copyrighted material on their platforms without consent, the Government’s Data (Use and Access) Act 2025 let down our creative industries. The Department’s new working groups on AI and copyright include just one British tech firm, alongside a host of foreign tech competitors. Will his Government now give our tech sector and creative industries the proper voice they deserve?
Today’s Second Reading is not only important, but historically significant—sadly, for all the wrong reasons. We are debating a Bill that will leave Britain less secure, undermine our strategic interests and leave British taxpayers out of pocket. The decision by this Labour Government to surrender sovereignty over the Chagos islands to Mauritius and to pay billions of pounds for the privilege, with no checks or balances, is nothing short of a national humiliation. It is a deal that weakens Britain at home and abroad, and one that the official Opposition will oppose every step of the way.
I remind the hon. Member of two things. First, talking and signing are two very different things. Secondly, some of us on the Conservative Benches remember that no deal is better than a bad deal.
My hon. Friend makes a very valid point. If Labour Members had spent a little more time actually listening to some of the contributions from Conservative Members, they would perhaps understand things a little more. I will come back to that point shortly. Before I turn to the substance, I wish to pay tribute to colleagues on the Conservative Benches who have spoken powerfully about the sheer folly of this deal. They have rightly highlighted its staggering costs, the accounting methods used, the reckless security implications, the lack of transparency and the way in which it sadly sidelines the Chagossian community. There have been a number of contributions, but I very briefly pay tribute to my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), the former Attorney General. He has not just demonstrated his extensive legal knowledge and expertise in this area, but questioned the legal uncertainty that Ministers are relying on. He has taken the time to explain and to remind this place of the issues relating to article 298 of UNCLOS, which is very relevant to today’s debate. He highlighted some key unanswered questions. Quite frankly, I urge every Member of this House to have a read of Hansard before they go into the voting Lobby this evening. Similarly, my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) highlighted and reinforced the important point about article 298 of UNCLOS. My hon. Friend the Member for Hamble Valley (Paul Holmes) reminded Labour Members of the red lines put in place by Lord Cameron, who stopped negotiations—it quite clearly seems that they needed to be reminded that talking and signing are two very different things. My right hon. Friends the Members for Maldon (Sir John Whittingdale) and for Tonbridge (Tom Tugendhat) talked about strategic issues and the costs of the deal. There were valuable contributions from my hon. Friends the Members for Reigate (Rebecca Paul), for Chester South and Eddisbury (Aphra Brandreth), for Bromsgrove (Bradley Thomas), for Broxbourne (Lewis Cocking) and for Hinckley and Bosworth (Dr Evans). One thing that is very obvious is that we need clarity. To give just one example, the Government claim that we may have problems with spectrum if we do not agree a deal, but other parts of the Government have indicated that the International Telecommunication Union has no power to veto the use of military spectrum. [Interruption.] Government Members do not want to intervene now. These are not passing political points; they are hard truths about the dangers that this deal poses to Britain’s security and standing. Before I move on, though, I wish to pay tribute to the hon. Member for Crawley (Peter Lamb) for his wise and brave words today, and for standing firm as a constituency MP and standing up for members of his community. Turning to the Liberal Democrats, I have to say that I struggle a little to understand their position. They say that they oppose the Bill, but they did not vote against the treaty in the House of Lords—in fact, they chose to prop up Labour, rather than defend Britain and the rights of the British Chagossians.
I am grateful for that intervention—let us wait and see whether the Minister does confirm that date. However, the fact of the matter remains that the Liberal Democrats did not vote against the treaty. Turning to costs and taxpayers, the financial costs of the deal alone should be a cause of shame for this Government. Thanks to Conservative FOI requests, we now know that the true bill for this surrender is not £3.4 billion, as Ministers have claimed, but closer to £35 billion—a sum that is 10 times higher than originally admitted, and one that will fall squarely on the shoulders of British taxpayers. Let us be clear what those billions will fund. They will not fund better schools or hospitals here at home, or defence capabilities to protect our citizens; they will fund tax cuts in Mauritius. At the very moment when this Labour Government are hiking taxes on family farms, education and businesses, they are content to bankroll over 4% of another nation’s budget. To Conservative Members, that is indefensible. However, the risks to Britain’s security are even greater. Diego Garcia is our most strategic and important base in the Indian ocean, critical to our partnership with the United States and vital to our ability to project influence in the Indo-Pacific, yet this Bill leaves huge questions unanswered. What guarantees are there that the UK can extend the lease over Diego Garcia unilaterally when the Mauritian Prime Minister has said otherwise? What safeguards will prevent hostile powers such as China, Russia or Iran from seeking a foothold in the archipelago once Britain steps back? We know that Beijing already describes Mauritius as a partner with “strategic advantages”, while Port Louis boasts of advancing co-operation with Moscow. Does the Minister really believe that this makes Britain more secure? We also cannot ignore the issue of nuclear deterrence. Mauritius is a signatory to the Pelindaba treaty, which prohibits the stationing and storage of nuclear weapons, yet Ministers have failed to explain what that will mean in practice once sovereignty is transferred. Will it constrain our closest ally, the United States? Will it put limits on what we can do on Diego Garcia in future? These are not trivial questions, because they go to the heart of our security posture in the Indo-Pacific, yet we still have no clear answers. Even Lord West, a former Labour Security Minister, has warned that ceding the Chagos islands is “irresponsible” and dangerous, yet this Government press on regardless, blind to the risks and deaf to the warnings. Let us not forget the Chagossians themselves. For years, Labour politicians claimed a fundamental moral responsibility towards this community, but in government they have abandoned them, offering only token consultation and denying them a real say in decisions that affect their homeland. Once again they are being sidelined. This is about the Chagossians and their future, and that of future generations. We are told that millions will be channelled into a so-called trust for the Chagossian people, but under this deal Britain will have no meaningful role in determining how those funds are used. Decisions will sit entirely with Mauritius, with no mechanism for proper oversight by Parliament and no guarantee that the Chagossians themselves will see the benefit. There is no accountability to them, no accountability to us, and no accountability for how British money is spent. There are many questions about the fund, not least what guarantees and safeguards exist to ensure that it reaches all the Chagossians, given that so many of their communities are spread around the world. Time and again, Ministers have refused to come clean with Parliament about the terms of this deal. We have had contradictory accounts from the Mauritians and from Whitehall, confusion about the sums involved and secrecy so deep that even officials were asked to leave the room during negotiations. If Ministers cannot be open with Parliament, they have no business asking Parliament to support this Bill. Before I conclude, I will touch briefly on the other overseas territories. Let me be clear: we are debating and discussing the Chagos islands, and at no stage have those on this Front Bench ever conflated surrendering the sovereignty of the Chagos islands with that of the other overseas territories. It is clear that when Labour negotiates, Britain loses. That is the story of this deal. This is not a settlement forced on us by law. The Government have chosen to hide behind advisory opinions, rather than to stand firm, defend our sovereignty and protect our national interests. It is simply the behaviour of this unpatriotic Labour Government. We on the Opposition Benches could not be clearer: Britain should not surrender the Chagos islands and we will fight this Bill every step of the way. I will conclude, but I had hoped that the new Foreign Secretary would be here today. Where is she? She has chosen to be elsewhere, rather than answer to the Chagossian people. I will end with a plea to the Minister, for whom I have the highest personal respect. We have often been in opposite positions across the Dispatch Box, but I ask him please to step back, pause and reflect. Britain does not need to surrender the Chagos islands. Do the right thing by our country, by our taxpayers and by the Chagossian people. Stand firm and keep the Chagos islands British.
The Minister will be aware that the payment from the 1960s, referred to by the hon. Member for Boston and Skegness (Richard Tice), was also supposed to be spent on Chagossian welfare, but many Chagossian groups have raised the fact that that money did not go on Chagossian welfare. It went on many other things for the Mauritian Government, but not on Chagossians. What confidence does he have that this agreement is any more valid than the last one?
I wonder whether my right hon. Friend can help me in giving a prediction. Two families have swapped leadership of Mauritius over the last 60 years. Does he see any reason to doubt that the same two families will swap leadership over the next 60?
So many Labour Members seem to have forgotten that the reshuffle was a couple of days ago. They will have to wait another few months, possibly years, for their obsequiousness to be rewarded. May I suggest that we are in a somewhat through-the-looking-glass world? Over the last few hours, we have heard very clear questions from my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), who is no longer in his place. He explained that we are hearing a circular argument about legal intervention to which there is absolutely no response. All we hear from Government Members is ChatGPT-generated press releases—“I rise to speak”, “I rise to speak”, “I rise to speak”. ChatGPT knows you are there. That is an Americanism that we do not use. Still, they should keep using it, because it makes it clear that this place has become absurd. This building and this Chamber are a complete waste of time when our electors and fellow citizens hear that we have listened to the arguments of Mauritius, China, India and the United States, but are not willing to listen to the arguments of Britain. We are not willing to stand up for the interests of the British people, or to look at the strategic interests of UK defence. Instead, all we hear consistently is that the Americans are for the deal. Of course they are for it; this is a territorial deal, and they have no interest in the territory. All they are interested in is the lease of the base. They are leasing the base off us at the moment, and they will be leasing the base off Mauritius via us into the future, so there is no change for them. Of course, India is in favour of the deal. By the way, I respect the position of the Indian Government greatly, but do you know what? I am not an Indian MP. I have a different perspective, because my job—and, I thought, the job of Labour Members, but clearly I was wrong—is to stand up for the British people. Instead, all I hear is that Labour Members are standing up for the interests of different foreign powers. That is absolutely fine. They worship international treaties and stand up for so-called international law, but they conveniently forget—[Interruption.] Members should hear the end of the sentence. They forget that international law is conflictual, challenged and regularly, if not almost always, in direct confrontation with itself, because it highlights different interests. At different points, Governments champion different aspects of international law in order to seek different outcomes. That is how it has grown up. It is the job of sovereign Governments to stand up for our interests. I thought that was the job of our Government, but it clearly is not the job of this Government. Instead, this Government do something quite different; the moment that they are challenged, they run away. Brave Sir Keir bravely turned his tail and fled.
It could have been any Sir Keir —there are so many of them. I apologise, Madam Deputy Speaker. This Government have decided that instead of fighting for Britain’s interests, all they will do is turn around and capitulate.
I will not. The problem is that this case is not just about these islands, or the issues we are debating today; it is about the way in which Governments approach these debates. Just in case we are in any doubt about the changed nature of the use of law against us, it is worth looking at the timeline of these events—which is completely coincidental. We know, because colleagues have mentioned it, that in the 1960s a deal was done, a payment was made, Mauritius accepted it and we moved on. Just after the Falklands war, a legal action was begun, using Mauritius and extending a claim. Just after the Falklands war, the KGB started to fund the Campaign for Nuclear Disarmament. By the way, it is not me saying this—it is in the Mitrokhin archive; it is all public. Just after the Falklands war, when the Soviets realised that they did not have the military power to defeat NATO, they started experimenting with lawfare, and we have seen them do it again and again. If Members would like to read reports on this issue, Policy Exchange very kindly published a report by me in 2013, and another one in 2015—“Fog of Law” and “Clearing the Fog of Law”, for those who have trouble sleeping. Since then, we have seen lawfare grow. We have seen states using the power of lawyers against the interests of the British people time and again, and the trouble with the capitulation we are seeing today is that it is not just about Diego Garcia, these islands or this interest; it is about the question of whether or not this Government will stand up for the British people, and for our security and our interests. Let me sketch out a hypothetical situation for you, Madam Deputy Speaker. It is possible, although I hope it is not necessary, that British troops will be asked to do some peacekeeping in somewhere like Ukraine. It is possible that they will have to leave at a moment’s notice with the equipment they have, without the ability to re-equip—simply to go with the best that they have. It is possible that countries like Russia will object. We know, because we have seen it happen in the late 1990s and all the way through the 2010s and 2020s, that the Russian Government and others have encouraged legal action against our armed forces. To be honest, Governments have been poor on this issue since 1999—Labour Governments initially, and then Conservative Governments—so it was very welcome that Lord Cameron stopped this, recognising that a different position could be taken. Sadly, this Bill reverses that position. It reverses the presumption that our Government, the British Government, will represent the legal interests of the British people and fight these cases. Instead, they will capitulate. The problem is that capitulation is what got us into this problem in the first place. We can look at the Bici case in Kosovo in the late 1990s, where we settled rather than fought, or at cases in Iraq and Afghanistan, where we settled rather than debated—rather than going to court and seeking a judgment. Those cases created precedents, and I am afraid that this Government are creating another precedent. I know that the Minister will say that the Governments of the Falkland Islands, Gibraltar, and many other places have correctly said that this case has no connection to them. I am delighted that they have said so, and they are right, but they are sadly mistaken in thinking that that means nobody will test that point.
Had the hon. Gentleman been in the Chamber at the beginning of the debate, he would have been welcome to contribute, but given that he has such a passing interest, I am sure he will not mind if I carry on. The reality is that it is not up to the person who is pursued by law as to whether they will be challenged; it is up to the aggressor, and we know who the aggressor is. We know who has been using lawfare against us. We have seen it time and again, and I am afraid that the effect of this Bill is to concede that point. I am fascinated that so many Government Members feel that they had no choice but to conclude the negotiation. Admittedly it was begun mistakenly by a Conservative Administration and, yes, I did write to the then Prime Ministers—both of them—complaining about it and pointing out the error of their ways. I was a Minister, and I wrote about it and complained about it, as did Lord Murray of Blidworth—I think that is right. I am going to get his name wrong, forgive me—that is one for Hansard. We both wrote, because we both thought it was wrong at the time. What can I say? We left office. The civil servants re-presented the same offer and sadly, here we go again. The British people feel so disenchanted at the moment because we see changes of Government and no changes of policy. We simply see a continuation and the Whips’ briefings coming out again. We simply see the pointlessness of democracy in this place, because we might as well not bother being here. The Foreign Office stitched this one up. The Minister cannot even change the judgment, and he has sacrificed everything on the whims of an international process with no regard to the interests of the British people.
The International Court of Justice ruling is not binding. It is not in law. We did not have to abide by it. Why are we giving away British territory to Mauritius and then renting it back? There was no need for us to do so. Why are we doing it?
The point has been made over and over in this discussion that we are giving away something that we did not have to give away, and are renting it back—and the British taxpayer is paying for it. Last week, I asked the Leader of the House how much this was going to cost. She said, “alongside legislation we publish all the necessary documents, including the costings, which we have been transparent about.”—[Official Report, 4 September 2025; Vol. 772, c. 453.] I regard the Minister as a friend, but to say the least, his figures have been opaque. Let me ask one simple question that my right hon. Friend might know the answer to: how much is the United States contributing to this deal?
We have been given an assurance from the Front Bench that no advance notice will need to be given about operational arrangements from the base. However, my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) earlier indicated that there had to be Mauritian Government approval for the construction of facilities. How can we have the operational facilities without the construction of the facilities that back them up?
I congratulate the hon. Gentleman on his appointment. I had not intended to intervene so early, but I will, given that the record of the previous Government has come up. Can he confirm whether it is the case, as was the position under the previous Government, that we will retain sovereignty after 99 years on a rolling basis? Can he confirm the basis on which he is compensating the Mauritians, because it certainly was not the case that the last Government would have agreed to a remotely similar sum being paid? On this, as on so many other measures, there is an enormous gap between the negotiating position set out under the last Government and the total capitulation by Labour when they came into office.
The Minister invites me to respond to him. He needs to appreciate that there is an enormous difference between a tough negotiating position in the British national interest and the capitulation of the Government’s deal.
I welcome the Minister to the world of “neither confirm nor deny”, though I fear it may cramp his inimitable style somewhat. Does he accept that there are broadly three categories of hacker? There are the show-offs, who are aiming to boost their egos in the online world; the wreckers, who are usually working on behalf of hostile countries or political ideologies; and the extortionists to whom he referred earlier, who are out to blackmail people and relieve them of large amounts of money. In every case, though, there is always the anxiety that people’s personal data is going to be compromised and publicised. To that end, is the Minister really satisfied that so many Government services that deal with personal data—the latest being His Majesty’s Revenue and Customs—insist that people go online to supply that data to Government?
Admiral Lord West has been referred to twice so far in the debate. My right hon. Friend may be unaware that Admiral Lord West had a letter published in the national press on 28 May in which he talked about the “disgraceful decision to hand over ownership of the Chagos archipelago”. He added: “I do not accept that the move is ‘absolutely vital for our defence and intelligence’, as the Prime Minister claims.” I wonder what Government Back Benchers who have been slavishly reading their scripts make of that from someone of that calibre—a former director of Defence Intelligence.
If this means that we do not have to inform Mauritius in advance of a direct armed attack from the base, presumably it means that we have to inform it as soon as possible after such an attack. If such an attack were an overt attack, Mauritius would presumably know about it already because everyone would have seen it, so this rather suggests that we might have to inform it if there had been some sort of covert attack that other people had not seen and that it would otherwise not know about. Is that a satisfactory situation?
My right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) is right, but the existing position goes even further. Is my right hon. and learned Friend aware of the written answer from the Government on 7 February this year: “Individual countries, not the ITU, make their own sovereign spectrum assignments in accordance with the Radio Regulations. The ITU has no legal authority over these assignments regardless of the country’s civilian or military classification of spectrum.”?
It is a pleasure to take part in the debate. The Foreign Affairs Committee, on which I sit—I welcome two of my Labour colleagues from the Committee and my hon. Friend the Member for Chester South and Eddisbury (Aphra Brandreth) to the debate—has had the opportunity to question the Minister, the hon. Member for Cardiff South and Penarth (Stephen Doughty), although I was not entirely persuaded by some of his answers. That is not to say that the Intelligence and Security Committee, which has other powers, is not an appropriate body for looking at some aspects—indeed, the Defence Committee should also do so. The one thing that I think everybody agrees on is the importance of Diego Garcia and the Chagos islands to the United Kingdom. My right hon. Friend the Member for South West Wiltshire (Dr Murrison) quoted Admiral Lord West, his former boss—he was, of course, a Minister in the last Labour Government and the security adviser to the Prime Minister—who said: “It is no exaggeration to say that Diego Garcia—the largest of the Chagos Islands—hosts the most strategically important US air and logistics base in the Indian Ocean and is vital to the defence of the UK and our allies.” I have no doubt that Labour Members share that sentiment, but perhaps not his later comment, which was: “An agreement with Mauritius to surrender sovereignty over the Chagos Islands threatens to undermine core British security interests, and those of key allies, most notably the United States.” We do need to listen to the warning he gave.
If I might just answer my hon. Friend before doing so. Admiral Lord West has immense experience and knowledge. If the Defence Committee should decide to look at this, it might well ask him to give evidence on the basis of his considerable experience in the area.
I will come on to UNCLOS. As the hon. Member knows, it is an organisation that has expressed a view, but not one that is binding on the United Kingdom. My right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), the former Attorney General, set out very clearly the various international opinions that have been expressed but which are not binding or mandatory for the United Kingdom to follow. That is critical to this debate.
I cannot answer the hon. Gentleman specifically on that issue, but I can tell him that it has been absolutely clear that whatever the UNCLOS opinion is, it is not binding on this country. We will read with interest its view, but it is not one that we are necessarily required to follow. The existing position has safeguarded the interests of this country for a very long period, so the first question one is required to ask is: why are we changing a guaranteed security status for this country by handing over the sovereignty of Diego Garcia? As my right hon. and learned Friend the Member for Kenilworth and Southam has said, it is based on opinions that have been expressed but not ones that we are required to follow. As the hon. Member for Crawley (Peter Lamb) said, I understand that the original linkage of the Chagos islands to Mauritius that took place was regarded as a matter of administrative convenience. However, they are actually 1,250 miles apart. On that basis, when the United Kingdom agreed to the independence of Mauritius, it was separated from the Chagos islands. There was no suggestion at that time that the two should be linked and that the islands be given over to Mauritius, which, despite the linkage, had no claim and no involvement in their running.
It had already been rolled back. The hon. Gentleman is right that the last Government began discussions because Mauritius expressed a view. However, that was on the basis that a mutually beneficial arrangement could be reached. It was concluded that such an agreement could not be reached, and on that basis the last Government ceased the negotiations. It is not a question of their being rolled back; it was this Government who chose to reopen negotiations that had been closed down by the previous Government. I come back to the international judgments. The other one cited by Ministers on the Government Front Bench early on in the discussion, when this issue was first raised, was the risk to access to electromagnetic spectrum as a result of the ITU potentially reaching a judgment that might be based on the non-binding judgment expressed by the ICJ. There is no actual evidence that it was going to do that, but it was possible that it might, and for that reason the Government expressed the view that this was important. I would point out that the ITU has no ability to determine the use of spectrum. The Minister, in answering a written parliamentary question in February this year, made it clear that the allocation of spectrum was a matter for sovereign states. The ITU is a sort of gentleman’s club where everyone gets together to discuss these matters, but it is not able to hand over the right to the use of spectrum from one country to another. It is also worth noting that the ITU has, over the years, been subject to considerable pressure from China, which had a secretary general of the ITU. I recall from my time dealing with issues around the ITU the real concern about how the Chinese were seeking to use the ITU, so in my view it is a good thing that the ITU does not have the power to allocate spectrum. There are also serious strategic concerns that the Government have not yet properly addressed. As has already been mentioned, an element of the agreement involves a requirement for us to “expeditiously inform” Mauritius of any armed attack on a third state directly emanating from the base. When the Minister gave evidence to the Committee, I pressed him on whether that would require advance notification—
He is nodding. He gave me a very firm assurance that that was not the case. That is of some reassurance, but it does not go far enough. The fact that we are no longer able to carry out actions from our own base without then having to notify Mauritius, and presumably take note of any objection it has, represents a limitation that could well affect decisions as to where to deploy assets.
I shall give way to my right hon. Friend, who is an expert on these matters.
My right hon. Friend makes a fair point. A requirement for us to tell the Mauritians what has been happening from the base is exactly what might influence decisions as to its use for operations of the kind he describes. The Minister gave evidence to the Committee on this point just a few days, I think, after the Americans had launched their attack on Iran, which did not involve Diego Garcia. That was something I raised with the Minister.
I understand that that is part of the treaty, but I hope that when the Minister winds up, he will address the point made by my right hon. Friend the Member for New Forest East (Sir Julian Lewis) that the requirement to “expeditiously inform” Mauritius, even after an operation, presumably means that we must do so as soon as possible, and that that will presumably apply to whatever kind of operation has taken place using the base. Perhaps he could tell us whether that might compromise decisions about the use of the base. The other aspect I raised with the Minister when he was in front of the Committee was Mauritius being a signatory of the Pelindaba treaty. The Pelindaba treaty states that signatories will not have nuclear weapons on their soil. Britain, the UK, is not a signatory of it, but, as I say, Mauritius is. Again, the Minister told the Committee that there was no way in which anything in the agreement would affect the operational use of the base, but he would not go further and comment specifically on the aspects of potentially nuclear weapons on the Diego Garcia base. That is something of real concern, and I hope the Minister might say a little more about that conflict between his assurance and Mauritius’s membership of the Pelindaba treaty, which specifically says that there should not be nuclear weapons held on the sovereign territory of signatories. I turn to the cost of the treaty to the UK. We are told that there is some disagreement about the precise figure. I have to say that even £3.5 billion seems pretty large to me, let alone £35 billion, which is universally believed on the Opposition side to be a more accurate figure. It has been suggested, nevertheless, that this is a relatively small amount of money and it is a good deal. I recall that when this was first suggested, a different Mauritian Government were in power. The Prime Minister of Mauritius at that time had signed a deal, which the current Prime Minister of Mauritius described as a terrible deal and that as soon as he was elected, he would reopen the whole discussion. It certainly appears that he was successful in doing so: the sum that has now been agreed is, the Mauritian Prime Minister has told us, considerably bigger than his predecessor had originally agreed, and this was a great success of the new Prime Minister of Mauritius that he managed to squeeze even more money out of the British Government. That does beg the question: at what point does it stop being a good deal? The impression given is that the British Government were so keen to sign up to this deal, they basically have signed away to almost any sum advanced by Mauritius. As one or two of my hon. Friends have made clear, that will be a difficult message to sell on the doorstep at a time when the Government are having to make significant savings and to raise taxes. In particular, I am concerned—the Minister will understand why—about the impact on the Foreign Office budget, because the Foreign Office suffered the biggest cuts of any Whitehall Department in the last spending round. It is already unclear about how those savings will be met, and there is speculation that the budgets of the British Council or the World Service, or our representation in embassies around the world, will be reduced. Despite those pressures and potentially very damaging cuts to Foreign Office expenditure, the Foreign Office appears to be expected to meet part of this bill. The Minister was unable to tell the Committee how the bill would be divided up between the Foreign Office budget and the Ministry of Defence budget. Perhaps that is something else that he might say a little more about when he winds up. I will also touch on the other aspect of the consequences of this deal: the impact on the environment, which has been referred to by one or two Members. I pay tribute to the Chair of the Foreign Affairs Committee, the right hon. Member for Islington South and Finsbury (Emily Thornberry), who is, I think it fair to say, engaged in other projects at the moment. She was assiduous in raising with the Minister her concern about the treaty’s impact on an incredibly important marine environment—that is recognised around the world. She wrote to the Minister, as he will be aware, and said: “My principal concern is that there is now no funding mechanism in place to ensure Mauritius will properly resource marine protection in the Chagos Archipelago… Without any dedicated funding mechanism…there is nothing to ensure that this protection will continue other than the on-going willingness of the Mauritian Government to allocate resource”. As has been observed, the archipelago is 1,250 miles away from Mauritius, and we are not entirely convinced that that willingness in Mauritius, on which the Government appear to be pinning their hopes, exists. Finally, I wish to acknowledge the presence of the Chagossians in the Public Gallery. They have been very badly treated over years, and it is of concern to me that they appear to have had virtually no input in this agreement, and that there has been no consultation with them. I know that a contact group is being established in the Foreign Office, but there is some scepticism about whether it has ever met, and about how many staff will be allocated to it. Perhaps the Minister might give details in his reply. [Interruption.] I am pleased to hear him say that it met last week. I am grateful to the Government for answering questions so far, but an awful lot remain, and the answers that I have heard have failed to convince me that this treaty is in the economic, strategic and environmental interests of this country or the Chagos islands.
I am extremely grateful to the former Attorney General for giving way. He is right to say that the matter could have been—and still could be, as I think he will also want to confirm—brought to our Committee. If, even at this late juncture, an overture were made to our Committee—clearly, it would have to be discussed at Committee—it would be perfectly possible for the Government to set out in those terms the advice they received that legitimises the position that they have taken.
Perhaps I can invite my hon. Friend to be helpful to the Minister. He clearly holds him in some regard, and he is right that he has got himself into something of a mess. By far the best way for the Government to proceed from hereon would be to make much more available either to this House or, as the former Attorney General, my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) suggested, to the Intelligence and Security Committee. That would clarify the terms of this trade—why it happened and the assessments that were made that led up to it—in a way that the House would be able to either legitimise what the Minister claims or refute it. A lack of transparency is half the Minister’s problem.