Diego Garcia Military Base and British Indian Ocean Territory Bill — Amendment Paper: HL Bill 139-R-I Marshalled list for Report

Diego Garcia Military Base and British Indian Ocean
Territory Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
[Amendments marked ★ are new or have been altered]
Clause 1 Amendment
No.
LORD CRAIG OF RADLEY
LORD HOUGHTON OF RICHMOND
1_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
sought to negotiate an amendment to Article 11 of the Treaty to ensure that the
United Kingdom would cease to make payments to the government of Mauritius
in the event that the use of the Base for military purposes became impossible.”
Member's explanatory statement
This amendment seeks to ensure that, before the ratification of the Treaty, His Majesty's
Government makes arrangements for the terms of payment should environmental or other issues
make the military use of the Base permanently impossible.
LORD CALLANAN
2★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Section 4 comes into force only when the Secretary of State has undertaken a
consultation of the Chagossian community and laid a report of that consultation
before both Houses of Parliament.”
Member's explanatory statement
This amendment would prevent the provisions of this Bill relating to citizenship from coming into
force unless the Secretary of State has undertaken a consultation of the Chagossian community.
59/1 HL Bill 139—R—I

LORD CALLANAN
3_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the duties outlined in section
(Chagos marine protected area) have been discharged.”
Member's explanatory statement
This amendment would prevent the provisions from coming into force until the Government has
published its plan to ensure the long-term protection of the Chagos Marine Protected Area.
LORD CALLANAN
4★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—
(a) sought to undertake negotiations with the government of Mauritius on
whether Mauritius will establish a right for Chagossians to return and
reside in the Chagos Islands, and
(b) laid before both Houses of Parliament a report on progress on establishing
negotiations with the government of Mauritius and the outcome of any
that take place.
(2B) Within two months of the report being laid before Parliament under subsection
(2A)(b) the Secretary of State must arrange for substantive motions to be tabled
in both Houses of Parliament on the contents of the report.
(2C) In subsection (2A), “Chagossians” are defined as those eligible for British
Citizenship under section 4 and their descendants.”
Member's explanatory statement
This amendment requires that the Government must undertake negotiations with Mauritius on
a Chagossian right of return, with a report laid before Parliament on the outcome of the negotiations.
The Government must subsequently table a substantive motion in both Houses on the content of
that report.
LORD CALLANAN
5_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—
(a) sought to undertake negotiations with the government of Mauritius to
guarantee that Annex 2.3 will oblige (where the UK Government requests)
the Mauritian government to take responsibility for all asylum claimants
and illegal entrants in the Chagos Archipelago including Diego Garcia
and accept the transfer of all claimants to Mauritian custody, and
(b) laid before both Houses of Parliament a report on progress on establishing
negotiations with the government of Mauritius and the outcome of any
that take place.
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(2B) Within two months of the report being laid before the Houses of Parliament under
subsection (2A)(b), the Secretary of State must arrange for substantive motions to
be tabled in both Houses of Parliament on the contents of the report.”
Member's explanatory statement
This amendment seeks to prevent the UK being responsible for asylum claims resulting from illegal
entrants into the Chagos Archipelago.
LORD CALLANAN
6_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has—
(a) sought to negotiate guarantees from the government of Mauritius that the
United Kingdom will have the right to renew the lease at the end of the
99-year period in Article 13 of the Treaty and any subsequent period at
the same or more favourable terms, and
(b) laid before both Houses of Parliament a report on the progress of the
negotiations to seek guarantees from Mauritius.
(2B) Within two months of the report being laid before both Houses of Parliament
under subsection (2A)(b), the Secretary of State must arrange for substantive
motions to be tabled in both Houses of Parliament on the contents of the report.”
Member's explanatory statement
This amendment would prevent the Treaty from coming into force until the Government sought
guarantees from the Mauritian government that the lease is renewable as of right.
LORD CALLANAN
7_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the duties outlined in section
(Cost of the Treaty) have been discharged.”
LORD CALLANAN
8_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
published a statement setting out that the Secretary of State is satisfied that—
(a) the government of Mauritius is not unduly influenced by hostile state
actors, and
(b) there will be no interference by hostile state actors in the operation of the
base.”
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LORD CALLANAN
9_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the duties outlined in section
(UN CERD Report on the UK-Mauritius Agreement) have been discharged.”
LORD LILLEY
10_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when either the International Court
of Justice or the International Tribunal for the Law of the Sea has delivered binding
and enforceable judgements on the sovereignty of the Chagos Archipelago and
judged that the islands should be transferred to Mauritius.”
Member's explanatory statement
This amendment would only allow sections 2 to 4 to come into force if an international Court
delivers a binding ruling on sovereignty of the Chagos Archipelago and directs that they should
be transferred to Mauritius.
LORD LILLEY
11_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
negotiated guarantees from the government of Mauritius that Mauritius accepts
all and any liability for future reparations awarded to the Chagossian people as
a result of their expulsion from the islands.”
LORD LILLEY
12_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
replied in full to the House of Lords International Relations and Defence
Committee report of 17th December titled “Chagossian views on the Agreement
with Mauritius concerning the Chagos Archipelago”.”
LORD LILLEY
13_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only once all outstanding legal actions,
including appeals, by the Chagossian people have been determined.”
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LORD LILLEY
14_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
sought to negotiate guarantees from the government of Mauritius that Mauritius
will not enforce its duties under the Pelindaba Treaty on the Base at Diego Garcia
and if they were to do so the sovereignty of the Base would revert to the UK.”
Member's explanatory statement
This amendment seeks to expand on the Minister's statements in Committee that the Treaty of
Pelindaba will not be enforced by Mauritius on the UK and US base.
LORD LILLEY
15★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only once the duty outlined in subsection
(2B) has been fulfilled.
(2B) The Secretary of State must publish a report on how the Treaty may increase any
political or legal risks related to—
(a) reliance on third countries required to service the base;
(b) potential litigation from Mauritius regarding the base in Diego Garcia in
the International Court of Justice, including analysis of Mauritius’
declarations of 23 September 1968;
(c) potential litigation in an arbitral tribunal under Annex VII of UN
Convention on the Law of the Sea.”
LORD LILLEY
16★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when Mauritius and the United
Kingdom engage in a renewed dialogue to ensure the free, prior and informed
consent of the Chagossian people, and to respect their rights, including the right
to return to Diego Garcia, and the right to self-determination through meaningful
participation in all decision-making processes.”
Member's explanatory statement
This amendment seeks to take up the recommendations of the UN Committee on the Elimination
of Racial Discrimination report of 8th December.
BARONESS HOEY
17★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 come into force only when the Secretary of State has produced a
report assessing the extent of the United Kingdom Government’s capacity under
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the Mauritius Treaty to shape developments on the Chagos Islands beyond Diego
Garcia with security and defence implications and the consequences of this for
international peace and stability, and laid the report before Parliament, the
government of the United States of America and the United States Congress.”
BARONESS HOEY
18★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 come into force only when—
(a) a final judgment has been handed down in the judicial review proceedings
known as Misley Mandarin v the Foreign, Commonwealth and Development
Office,
(b) any period for appeal against that judgment has expired without an appeal
being brought, or any appeal has been finally determined, and
(c) the Secretary of State has laid before Parliament a statement setting out—
(i) the outcome of those proceedings, and
(ii) the Government’s assessment of the implications of that judgment
for the operation of this Act.”
LORD PURVIS OF TWEED
19★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the conditions in section
(Referendum (No. 2)) have been met.”
Member's explanatory statement
This amendment ties the commencement of the provisions in the Act to the conditions of the
referendum on the Chagossian community in another amendment by Lord Purvis of Tweed.
THE EARL OF LEICESTER
20★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
established a public consultation of all Chagossian people on the Treaty.
(2B) The public consultation under subsection (2A) must be established within two
months of the day on which this Act is passed.
(2C) The public consultation must take into account the geographical dispersion of the
Chagossian people, access to technologies, and the languages spoken by the
Chagossian people, and be open for no less than six months.”
Member's explanatory statement
This amendment requires the Government to establish a public consultation with the Chagossian
people before sections 2 to 4 of this Act can come into force.
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THE EARL OF LEICESTER
21★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only after the Secretary of State has
consulted with the United Kingdom’s AUKUS partners on the transfer of
sovereignty of the Diego Garcia base and presented a report on those consultations
to Parliament containing the following—
(a) the written approval of the governments of Australia, the United Kingdom
and the United States (the AUKUS Partners) to the transfer of sovereignty;
(b) the opinions of the Naval staff of all three partners on the implications of
the Treaty of Pelindaba for the storage of nuclear weapons on Diego Garcia
and its use by nuclear submarines and vessels under Mauritian
sovereignty.”
LORD MORROW
LORD HANNAN OF KINGSCLERE
22★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 come into force only when the Secretary of State has produced a
report on the impact of the Treaty on rules-based international order.
(2B) The report under subsection (2A) must have regard to—
(a) Article 7(1) of the Treaty, and
(b) the Pelindaba Treaty.”
LORD MORROW
LORD HANNAN OF KINGSCLERE
23★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 come into force only when the Secretary of State has produced a
report on the impact of the Treaty on any right of self-determination of the people
of the Chagos Islands, with regard to—
(a) the Advisory Opinion of the International Court of Justice of 25 February
2019,
(b) any precedents arising from decolonisation of the Gilbert and Ellice Islands,
and
(c) the provisions of UN Resolutions 567 (VI), 648 (VII) and 742 (VIII).”
LORD HANNAN OF KINGSCLERE
LORD MORROW
24★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 come into force only when the Secretary of State has sought to
negotiate with Mauritius that all the requirements of the UN Committee on the
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Elimination of Racial Discrimination Decision 1/2025 are met as part of the
implementation of the Treaty.”
LORD HANNAN OF KINGSCLERE
LORD MORROW
25★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 come into force only when the Secretary of State has produced a
report assessing the commitment that Mauritius would have to the Chagossian
people when they discharge their duties under the Treaty.
(2B) When considering the matter described in subsection (2A), the report must seek
to ascertain whether Mauritius will treat Chagossians equitably compared to those
of Mauritian descent.
(2C) In producing the report under subsection (2A), the Secretary of State must have
regard to—
(a) Article 6 of the Treaty,
(b) Article 10 of the Treaty, and
(c) letters AL MUS 3/2020 of 31 March 2020 and AL MUS 1/2023 of 21
February 2023 from the Office of the United Nations High Commissioner
for Human Rights.”
LORD MORROW
26★ _ Clause 1, page 1, line 7, at end insert “subject to subsection (2A).
(2A) Sections 2 to 4 come into force only when the Secretary of State has assessed—
(a) the impact of the termination of all rights granted by the Treaty to the
United Kingdom with respect to the entire Chagos Archipelago through
Article 15 of the Treaty (termination);
(b) the impact of the arrangements in Article 15 on the leverage opportunities
at the Secretary of State’s disposal in negotiating with Mauritius after
ratification.”
LORD MORROW
27★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 come into force only when the Secretary of State has produced a
report assessing the ability of the government of Mauritius to—
(a) govern the Chagos Archipelago under the terms of the Treaty and the
related implications for international peace and stability of transferring
sovereignty, and
(b) resettle the Chagossians on the Chagos Archipelago.”
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LORD FAULKS
LORD GODSON
28★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
published the separate written instrument concerning the establishment and
maintenance of a Marine Protected Area in the Chagos Archipelago as referred
to in Article 5 of the Treaty, and a motion to take note of the separate written
instrument has been approved by each House of Parliament.”
Member's explanatory statement
This amendment seeks to ensure that, before the ratification of the Treaty, His Majesty's
Government has published the separate written instrument concerning the Chagos Marine Protected
Area and that each House of Parliament has taken note of the instrument.
LORD FAULKS
LORD GODSON
29★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
sought to negotiate an amendment to the Treaty to allocate £20m per annum of
the monies payable to Mauritius under the Treaty to environmental protection
measures.”
Member's explanatory statement
This amendment seeks to ensure that, before the ratification of the Treaty, His Majesty's
Government has sought to negotiate an amendment to the Treaty that requires part of the annual
payments to be made to Mauritius to be allocated to environmental protection measures.
LORD FAULKS
LORD GODSON
30★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
sought to negotiate an amendment to the Treaty to allow the United Kingdom to
withhold monies payable to Mauritius under the Treaty if it fails to adequately
safeguard the marine environment of the Chagos Archipelago.”
Member's explanatory statement
This amendment seeks to ensure that, before the ratification of the Treaty, His Majesty's
Government has sought to negotiate an amendment to the Treaty authorising annual payments
to be withheld if environmental protection measures are not observed.
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LORD FAULKS
LORD GODSON
31★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 of this Act come into force only when the Secretary of State has
published a report concerning the ability of Mauritius to enforce environmental
protection measures in the Chagos Archipelago under Article 5 of the Treaty if it
obtains sovereignty over the territory, and this report finds that Mauritius is
capable of enforcing a Marine Protected Area in the Chagos Archipelago, and a
motion to take note of the report has been approved by each House of Parliament.
(2B) The report under subsection (2A) shall include—
(a) an assessment of the operational capabilities of the Mauritian coast guard,
particularly with regard to the availability of its vessels to patrol the Chagos
Archipelago;
(b) an assessment of the professional competency of the Mauritian coast
guard.”
Member's explanatory statement
This amendment seeks to ensure that, before the ratification of the Treaty, His Majesty's
Government has published a report certifying that Mauritius is capable of enforcing adequate
environmental protection measures and that each House of Parliament has taken note of the report.
After Clause 1
BARONESS FOSTER OF AGHADRUMSEE
BARONESS MEYER
LORD CALLANAN
LORD HANNAN OF KINGSCLERE
32_ After Clause 1, insert the following new Clause—
“Referendum
(1) The Secretary of State must arrange a referendum on whether the British Indian
Ocean Territory should—
(a) remain a British Overseas Territory, or
(b) be transferred to and become the sovereign territory of the Republic of
Mauritius.
(2) No transfer of sovereignty may take place under section 2 unless the number of
Chagossians voting to transfer the islands to Mauritius exceeds those of the
Chagossians that wish to remain a British Overseas Territory.
(3) The franchise for the referendum must consist of persons entitled to citizenship
under section 4 who are over 18 years of age, wherever they are resident.
(4) The Secretary of State must ensure that eligible persons resident outside the United
Kingdom are able to participate in the referendum.
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(5) The Secretary of State must lay before Parliament a statement of the result of the
referendum as soon as reasonably practicable after it has been held.”
LORD PURVIS OF TWEED
33★ _ After Clause 1, insert the following new Clause—
“Referendum (No. 2)
(1) Subsections (2) to (6) are the conditions of this section for the purposes of section
1(2A).
(2) Within six months of the day on which this Act is passed, the Secretary of State
must conduct a referendum of the Chagossian community.
(3) The referendum must be conducted in writing and in a format and language as
considered appropriate by the Secretary of State to be satisfied the response will
be valid.
(4) The question to be put to the Chagossian community in the referendum is stated
in subsection (5).
(5) The question is—
“In recognising the international principals of self-determination, do you agree
that the implementation of the Treaty agreed between the United Kingdom and
Mauritius must guarantee the rights of Chagossians in a legal right—
(a) of resettlement on the Islands of the Chagos Archipelago other than Diego
Garcia,
(b) of participation in the operation in and opportunities of working in and
visiting Diego Garcia, and
(c) to be involved in decision making on the operation of the Trust Fund for
the benefit of the Chagossian Community?”
(6) Within 30 days of the result of the referendum the Secretary of State must lay a
statement before both Houses of Parliament setting out how they intend to respond
to the referendum.
(7) In this section, “Chagossian community” means those Chagossians identified by
the Secretary of State who will be impacted by the Act.”
Member's explanatory statement
This amendment would require the Secretary of State to hold a written referendum of the Chagossian
community within six months of Royal Assent on whether the implementation of the UK–Mauritius
Treaty adequately guarantees their rights to resettlement, consultation, and participation in
decision-making, and to lay a statement before Parliament setting out the Government’s response
to the result.
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Clause 5
LORD LANSLEY
34_ Clause 5, page 3, line 39, at end insert—
“(2A) An Order under this section which amends, repeals or revokes an Act may not
be made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.”
LORD LANSLEY
35_ Clause 5, page 3, line 40, leave out “An” and insert “Any other”
LORD LANSLEY
36_ Clause 5, page 3, line 41, leave out from “Parliament” to end of line 3 on page 4
LORD LANSLEY
37_ Clause 5, page 4, line 12, leave out paragraph (b)
After Clause 5
LORD CRAIG OF RADLEY
LORD HOUGHTON OF RICHMOND
38_ After Clause 5, insert the following new Clause—
“Statement: base usability
The Secretary of State must publish a statement before the ratification of the Treaty
setting out how they would respond should the Base become unusable and the
impact that this would have on the operation of the Treaty.”
LORD CALLANAN
39_ After Clause 5, insert the following new Clause—
“Article 11: schedule of payments to Mauritius
Within one month of the day on which this Act is passed, Secretary of State must
publish a schedule of expected payments to Mauritius under Article 11 of the
Treaty, including the planned dates of each payment.”
Member's explanatory statement
This amendment would require the Secretary of State to publish a schedule of expected payments
to Mauritius under Article 11 of the Treaty.
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LORD CALLANAN
40_ After Clause 5, insert the following new Clause—
“Article 15: termination of the Treaty
Within one month of the day on which this Act is passed, the Secretary of State
must publish a statement setting out their understanding of the status of the
Chagos Archipelago should the Treaty be terminated.”
Member's explanatory statement
This amendment would require the Secretary of State to publish a statement of the Government’s
understanding of the legal status of the Chagos Archipelago should the Agreement be terminated.
LORD CALLANAN
41_ After Clause 5, insert the following new Clause—
“Resettlement of Chagossians
Within one month of the day on which this Act is passed, the Secretary of State
must undertake a review of all discussions between the UK and Mauritius in
respect of the resettlement of the Chagossians under Article 6 of the Treaty and
publish a report of the findings of the review.”
Member's explanatory statement
This amendment would require the Secretary of State to review the records of all negotiations
between the UK and Mauritius in respect of Article 6 of the agreement and publish the findings
of the review.
LORD CALLANAN
42_ After Clause 5, insert the following new Clause—
“Article 5: support and assistance
Within one month of the day on which this Act is passed, the Secretary of State
must publish an estimate of the ongoing financial cost of providing support and
assistance to Mauritius under Article 5 of the Treaty.”
Member's explanatory statement
This amendment would require the Secretary of State to publish an estimate of ongoing financial
cost of providing support and assistance to Mauritius under Article 5 of the agreement.
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LORD CALLANAN
43_ After Clause 5, insert the following new Clause—
“Chagos marine protected area
The Secretary of State must publish a report stating how they intend to preserve,
in perpetuity, the Chagos Marine Protected Area, under Article 5 of the Treaty,
including steps to ensure—
(a) the provision of Mauritian fishing protection vessels providing the same,
or better, prevention of illegal fishing than the BIOT patrol,
(b) that Mauritius commits to retaining the Chagos Marine Protected Area as
a no-catch zone, and
(c) the prevention of litter, waste, debris or pollution within the Chagos Marine
Protected Area.”
LORD CALLANAN
44_ After Clause 5, insert the following new Clause—
“Notification of Mauritius under paragraph 3(b) of Annex 1
(1) His Majesty’s Government may not notify Mauritius of the location of equipment
in the Chagos Archipelago beyond Diego Garcia before conducting maintenance
and upgrades.
(2) The duty in subsection (1) applies to all members and representatives of His
Majesty’s Government and all Ministers of the Crown.”
Member's explanatory statement
This amendment seeks to ensure that the Government is not able to endanger UK or USA security
by notifying Mauritius of the location of sensitive defence equipment.
LORD CALLANAN
45_ After Clause 5, insert the following new Clause—
“Chagossian Trust Fund Management Board
The Secretary of State must ensure that no person who—
(a) is a member of the government of Mauritius,
(b) has financial links to the government of Mauritius, or
(c) has previously been employed, or is currently employed, by the
government of Mauritius,
may serve as one of the seven Chagossians on the Trust Fund Management Board.”
Member's explanatory statement
This amendment seeks to ensure that the Chagossians on the Trust Fund Management Board do
not have a financial relationship with the Mauritian government.
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LORD CALLANAN
46_ After Clause 5, insert the following new Clause—
“Trust fund
(1) The Secretary of State must seek to negotiate with the government of Mauritius
that the Trust Fund under Article 11(1)(b) of the Treaty will be open to all
Chagossians whether they are also Mauritian or not and will include representation
of all Chagossians in its administration.
(2) The Secretary of State must lay a report on any such negotiations before both
Houses of Parliament and a Minister must seek the approval of both Houses of
the report.
(3) The approval required by subsection (2) must be in the form of a resolution of
each House of Parliament.
(4) For the purposes of section 1(2), the duties under this section are only discharged
if both Houses of Parliament agree the resolution in subsection (3) of this section.”
LORD CALLANAN
47_ After Clause 5, insert the following new Clause—
“Cost of the Treaty
The Secretary of State must publish a statement setting out—
(a) the total real terms cost of payments to be made to Mauritius under the
Treaty;
(b) the full methodology and justification of the discount mechanism used to
calculate the total cost;
(c) the methodology used to calculate the total cost of the Treaty by—
(i) the Office for Budget Responsibility,
(ii) the Government Actuary’s Department, and
(iii) the Treasury.”
LORD CALLANAN
48_ After Clause 5, insert the following new Clause—
“UN CERD Report on the UK-Mauritius Agreement
The Secretary of State must publish a statement setting out—
(a) the assessment ministers have made of the impact of the advisory opinion
of the UN Committee on the Elimination of Racial Discrimination in their
report of 8 December 2025 on the legal status of the Diego Garcia Military
Base, and
(b) the steps ministers have taken to engage with the Mauritian government
to address the concerns expressed by the UN Committee on the Elimination
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of Racial Discrimination in relation to the legal status of the Diego Garcia
Military Base in their report of 8 December 2025.”
Member's explanatory statement
This amendment would require the Secretary of State to engage with the Mauritian government
to address the concerns expressed by the UN Committee on the Elimination of Racial Discrimination
in their report of 8 December 2025 and publish an official assessment of the impact of the report
on the legal status of the Diego Garcia Military Base.
BARONESS HOEY
49★ _ After Clause 5, insert the following new Clause—
“Parliamentary approval for new defence arrangements
(1) The Secretary of State must, by regulations, ensure that both Houses of Parliament
approve any future defence or security use of the Chagos Islands by any country
other than—
(a) the United Kingdom, or
(b) the United States of America.
(2) Regulations made by the Secretary of State under this section are to be made by
statutory instrument.
(3) A statutory instrument containing regulations under this Act may not be made
unless a draft of the instrument has been laid before and approved by a resolution
of each House of Parliament.”
LORD PURVIS OF TWEED
50★ _ After Clause 5, insert the following new Clause—
“Parliamentary oversight and approval of expenditure
(1) The Secretary of State must, within the first financial year following the day on
which this Act is passed, lay before the House of Commons, for its approval, an
estimate of the expenditure that is anticipated to be incurred by the Government
of the United Kingdom in connection with the commitments made under the
terms of the Treaty, including, but not limited to—
(a) any payments made or to be made, or financial commitments entered into,
with the government of the Republic of Mauritius in accordance with the
Treaty; and
(b) the costs associated with the continued administration, maintenance, and
operation of Diego Garcia.
(2) In each fifth successive financial year after the first financial year as set out above,
the Secretary of State must lay an estimate in accordance with subsection (1).
(3) If the payments incurred by the Government of the United Kingdom are greater
than those anticipated in the estimate specified in subsection (1) or (2), the Secretary
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of State must lay before the House of Commons, for its approval, a supplementary
estimate.
(4) If at any stage during the operation of the Treaty the Secretary of State presents
to the House of Commons a report that the Republic of Mauritius has, in his or
her view, not honoured the provisions of the Treaty they have undertaken to
honour, and that the United Kingdom has presented to the Joint Commission a
reasoned case that it believes the Republic of Mauritius has not honoured the
provisions of the Treaty, and that the process in Article 14 of the Treaty has been
exhausted, the Secretary of State must lay before the House of Commons, for its
approval, a resolution to cease payments in connection with the Treaty.”
Member's explanatory statement
This amendment provides for an estimates and supply scrutiny process for expenditure to be
incurred by the UK Government as a result of the Treaty and the UK’s continued involvement
in Diego Garcia.
LORD PURVIS OF TWEED
51★ _ After Clause 5, insert the following new Clause—
“UK–Mauritius Inter-parliamentary Committee
(1) On the day on which this Act is passed, a Minister of the Crown must engage
with the government of the Republic of Mauritius with a view to establishing a
UK-Mauritius Inter-parliamentary Committee to consider the implementation
and operation of the Treaty.
(2) In undertaking the engagement required by subsection (1), the Minister of the
Crown must make representations that—
(a) the composition of the Inter-parliamentary Committee should reflect equal
representation from the parliaments of the United Kingdom and the
Republic of Mauritius,
(b) its chair should rotate on a timetable agreed by the Committee between
the United Kingdom Parliament and the parliament of Mauritius, and
(c) its purpose should be to promote mutual understanding of the provisions
of the Treaty through dialogue and debate, including consideration of the
operation of the Joint Commission established under Article 12 of the
Treaty.
(3) The Minister of the Crown must further propose that the Inter-parliamentary
Committee’s responsibilities include—
(a) monitoring and assessing the implementation and operation of the Treaty
via dialogue and mutual understanding;
(b) evaluating the recognition and protection of Chagossian rights, including
but not limited to—
(i) access to compensation, resettlement, or other forms of support;
(ii) ongoing involvement and participation in any decision which
impacts on the Chagossian community;
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(c) considering the welfare, integration, and general needs of Chagossians
residing in the United Kingdom; and
(d) reviewing the beneficial impact of the financial arrangements made under
the Treaty, including those supporting resettlement, welfare, or the
development of the Chagossian community.
(4) If the Inter-parliamentary Committee described in subsection (1) is established,
within five years of the commencement of the Treaty the Inter-parliamentary
Committee must be invited to conduct a review of the operation and effectiveness
of the Treaty arrangements.
(5) The Minister of the Crown must make reasonable provision for the operation of
the Committee.”
Member's explanatory statement
This amendment would require the Government to seek the establishment of a UK–Mauritius
Inter-parliamentary Committee to oversee and review the implementation of the Treaty, with
particular regard to parliamentary scrutiny, the protection of Chagossian rights, and the operation
of related governance and financial arrangements.
LORD MORROW
LORD HANNAN OF KINGSCLERE
52★ _ After Clause 5, insert the following new Clause—
“Chagossian reparations fund
(1) As part of the Trust Fund under Article 11(1)(b) of the Treaty, the Secretary of
State must establish a Chagossian reparations fund.
(2) In devising the scale of payment for reparations the Secretary of State must have
regard to—
(a) the United Nations Committee on the Elimination of Racial Discrimination
Decision 1 2025, made on 2 December 2025,
(b) the economic, psychological and cultural impact to Chagossians of the
policy of the Government towards the Chagos Islands to date, and
(c) the principle of proportionality in light of the sum proposed to pay the
lease of Diego Garcia for 99 years.
(3) In devising the scale of payment for reparations the Secretary of State must consult
the United Nations Committee on the Elimination of Racial Discrimination.”
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LORD MORROW
LORD HANNAN OF KINGSCLERE
53★ _ After Clause 5, insert the following new Clause—
“Joint statement on Chagossian reparations liability
(1) The Secretary of State must seek to undertake negotiations with the government
of Mauritius so as to agree a statement of liability for reparations to the Chagossians
as part of the Treaty.
(2) The statement under subsection (1) should acknowledge that from 1968 until the
Chagossian people are returned to their islands the country holding the sovereignty
of the islands is subject to such a liability and that this should be worth at least
£120 million pounds sterling per annum.
(3) In devising any statement on liability for reparations, the United Nations
Committee on the Elimination of Racial Discrimination should be consulted.”
Clause 6
LORD PURVIS OF TWEED
54★ _ Clause 6, page 4, line 16, at end insert—
“(A1) Except for this section, no section of this Act may come into force until a
UK-Mauritius Inter-parliamentary Committee has been established in accordance
with section (UK–Mauritius Inter-parliamentary Committee).”
Member's explanatory statement
This amendment ties commencement of the Act to the establishment of a UK-Mauritius
Inter-parliamentary Committee under another amendment in Lord Purvis of Tweed’s name.
LORD CALLANAN
55_ Clause 6, page 4, line 17, after “1(2)” insert “ and (2A)”
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Diego Garcia Military Base and British Indian Ocean
Territory Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
23 December 2025
PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS
59/1 HL Bill 139—R—I