Minister laments ‘regrettable delay’ in Chagos Islands bill with final draft yet to be agreed

A minister has confirmed that legislation aimed at transferring the Chagos Islands to Mauritius will not be passed before the upcoming King’s Speech, leaving open the possibility of further efforts being made in the next parliamentary session.

The plan, which involves giving up sovereignty over the British Indian Ocean Territory (BIOT) while maintaining control of a military base in Diego Garcia, faces delays due to US opposition, Stephen Doughty said on Monday.

Downing Street has previously said handing over sovereignty of the islands to Mauritius is “the best way to protect a vital military base” in Diego Garcia.

However, the Prime Minister’s official spokesman refrained from committing to reintroducing the legislation to finalize this process in the next session, which is scheduled to start on 13 May.

An agreement was signed between the UK and Mauritius in May last year and the bill concluding London’s control over the islands has been debated in both Houses of Parliament since then. The final draft of this session’s Diego Garcia Military Base and British Indian Ocean Territory Bill has not yet been agreed in both the House of Commons and the House of Lords.

Mr Doughty told the House of Commons: “Obviously we regret that there has been a delay, we have run out of time in this parliamentary session.

“But the facts have not changed regarding the need for this agreement or the need to put different processes and legal provisions in place.”

Britain and the US should update a 1966 agreement known as the Exchange of Notes to allow joint operation of the military base to continue, the Foreign Secretary said.

He said Washington initially accepted the agreement with Mauritius, adding that the agreement “was negotiated in close coordination with the United States under both this and previous US administrations.”

Mr. Doughty said the document “has been extensively tested under two administrations at all levels of the United States system and has been found to be robust.”

He continued: “In recent weeks, the attitude of the president of the United States (Donald Trump) seems to have changed.

“And this means, in practical terms, that it has become impossible to reach agreement at a political level to update the 1966 UK-US agreement on the Defensive Availability of the British Indian Ocean Territory, known as the Exchange of Notes.”

Conservative shadow foreign secretary Dame Priti Patel asked Mr Doughty to confirm the Government would not seek to force the deal in the face of Mr Trump’s opposition.

He asked: “Will he ignore any new legislation that comes up at the next session, even if it is not included in the King’s Speech, so that the surrender treaty does not become operational?”

Mr Doughty said it was the Opposition that had “started this process” but did not say anything directly about whether a new bill would be introduced.

Asked earlier whether the Government would reintroduce the bill, the Prime Minister’s spokesman said: “I will not suggest or speculate about what was in the King’s speech and any legislation will be announced as usual.”

Parliament has already agreed to “carry over” five bills from the current session, meaning debate on them can continue after May 13, but the Chagos Bill is not among them.

The spokesman added that UK officials “will now discuss next steps with the US and Mauritians”.

Under the terms of the agreement reached last year, Britain will hand over sovereignty of the Indian Ocean archipelago to Mauritius but lease back the Diego Garcia base for 99 years.

The agreement will also see the UK pay Mauritius an average of £101 million a year during this period, or around £3.4 billion according to official figures.

But opponents of the deal said the real cost could be around £35bn when adjusted for inflation, putting the base at risk and opening the door for China to establish a presence in the archipelago.

Although the agreement has been signed by both the UK and Mauritius, it has not yet been ratified and no payments have been made.

Asked by Conservative former minister Dame Harriett Baldwin whether the UK would pay Mauritius during the delay period, Mr Doughty said: “In relation to the costs associated with this agreement, I can confirm that they cannot be paid until the agreement is ratified and the relevant legislation is passed.”