Diego Garcia Military Base and British Indian Ocean Territory Bill — Amendment Paper: HL Bill 139-II Second marshalled list for Committee

Diego Garcia Military Base and British Indian Ocean
Territory Bill
SECOND MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE OF THE WHOLE HOUSE
[Amendments marked ★ are new or have been altered]
Clause 1 Amendment
No.
LORD CALLANAN
17_ 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 would agree an amendment to Article 10 of the Treaty
to allow Chagossians as well as Mauritian nationals the right to be
employed on the Base to the maximum extent practicable;
(b) laid before both Houses of Parliament a report on progress on establishing
such negotiations with the Government of Mauritius and the outcome of
any that have taken place.
(2B) Within two months of the report being laid under paragraph (2A)(b), a Minister
must table substantive motions in the House of Commons and the House of Lords
on the contents of the report.
(2C) In this section “Chagossians” are defined as those eligible for British citizenship
under section 4 of the Act and their descendants.”
Member's explanatory statement
This amendment is intended to prevent the provisions from coming into force until the Government
has sought to negotiate Chagossian employees the same right to work in support of the operation
of the Base as Mauritians under Article 10 of the Treaty, with a report laid before Parliament on
the outcome of the negotiations and subsequent motions in the Commons and Lords on the contents
of the report.
59/1 HL Bill 139—II

LORD CALLANAN
18_ 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
regarding a guarantee that paragraph 3(d) of Annex 1 will cover all non-UK
and non-US civilian personnel stationed in the Chagos Archipelago, in
addition to military and civilian security forces;
(b) laid before both Houses of Parliament a report on progress on establishing
such negotiations with the Government of Mauritius and the outcome of
any that have taken place.
(2B) Within two months of the report being laid under paragraph (2A)(b), a Minister
must table substantive motions in the House of Commons and the House of Lords
on the contents of the report.”
Member's explanatory statement
This amendment is intended to prevent the provisions from coming into force until the Government
has sought guarantees regarding the presence of non-UK and non-US civilian personnel in the
Chagos Archipelago beyond Diego Garcia.
LORD CALLANAN
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 Secretary of State has—
(a) sought to undertake negotiations with the Government of Mauritius to
guarantee that the application of Annex 2 will oblige (where the UK
Government so 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
such negotiations with the Government of Mauritius and the outcome of
any negotiations that have taken place.
(2B) Within two months of the report being laid under paragraph (2A)(b), a Minister
must table substantive motions in the House of Commons and the House of Lords
on the contents of the report.”
Member's explanatory statement
This amendment is intended to prevent the UK being responsible for asylum claims resulting from
illegal entrants into the Chagos Archipelago.
LORD CALLANAN
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—
Diego Garcia Military Base and British Indian Ocean Territory
Bill
2

(a) sought guarantees from the Government of Mauritius that the Trust Fund
under paragraph 1 of Article 11 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;
(b) laid before both Houses of Parliament a report on the guarantees requested
from Mauritius.
(2B) Within two months of the report being laid under paragraph (2A)(b), a Minister
must table substantive motions in the House of Commons and the House of Lords
on the contents of the report.”
Member's explanatory statement
This amendment is intended to prevent the provisions from coming into force until the Government
has sought guarantees from the Mauritian Government that all Chagossians will benefit from the
Trust Fund.
BARONESS FOSTER OF AGHADRUMSEE
20A_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 may not come into force until the Secretary of State has sought to
renegotiate the Treaty to ensure the right of Chagossians to access the Chagos
Archipelago as part of Article 6 of the Treaty.”
LORD THURLOW
20B_ [Withdrawn]
LORD KEMPSELL
20C_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has commissioned
a panel of independent experts to review the provisions in Article 5 of the Treaty
on the Marine Protected Area, and this panel has published a report.”
LORD KEMPSELL
20D_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has—
(a) sought to renegotiate paragraph 3(f) of Annex 1 of the Treaty to remove
the requirement to consult Mauritius on the placement of structures around
Diego Garcia if this is for the purposes of defence, and
(b) laid a report of any attempted or successful negotiation before both Houses
of Parliament.”
3 Diego Garcia Military Base and British Indian Ocean Territory
Bill

LORD KEMPSELL
20E_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has—
(a) sought to renegotiate paragraph 3(d) of Annex 1 of the Treaty to allow the
presence of military and non-military forces or personnel of third countries
on Diego Garcia without informing Mauritius if this is for the purposes
of defence, and
(b) laid a report of any attempted or successful negotiation before both Houses
of Parliament.”
LORD KEMPSELL
20F_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has—
(a) sought to renegotiate Annex 1 of the Treaty to allow the United Kingdom
to derogate from the provisions of this part in case of war or other
emergency, and
(b) laid a report of any attempted or successful negotiation before both Houses
of Parliament.”
LORD MORROW
20G_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a
report examining the consequences of the Treaty not being ratified.”
LORD MORROW
20H_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a
report setting out the impact of the Treaty on the legal basis for the operation of
the US military base on Diego Garcia.”
LORD MORROW
20J_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a
report setting out any reasons for rejecting any remedies otherwise than this Treaty
for resolving challenges to the United Kingdom’s sovereignty of the Chagos
Archipelago.”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
4

LORD MORROW
20K_ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a
report assessing the ability of the Government of Mauritius to govern the Chagos
Archipelago under the terms of the Treaty and the implications for international
peace and stability of transferring sovereignty.”
LORD HANNAN OF KINGSCLERE
20L★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a
report assessing the potential implications for other British Overseas Territories
that would arise from this Act and the Treaty.”
LORD HANNAN OF KINGSCLERE
20M★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a
report assessing the impact of Article 6 of the Treaty and the transfer of sovereignty
under this Act on Chagossian civic identity.”
LORD HANNAN OF KINGSCLERE
20N★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a
report assessing the extent to which the ratification process for the Treaty complies
with the provisions of the Constitutional Reform and Governance Act 2010.”
LORD HANNAN OF KINGSCLERE
20P★ _ Clause 1, page 1, line 7, at end insert “, subject to subsection (2A).
(2A) Sections 2 to 4 do not come into force until the Secretary of State has produced a
report assessing the impact of the Treaty and the transfer of sovereignty under
this Act on the economy of the Chagos Archipelago.”
LORD LILLEY
20Q★ _ 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 into the governance of the Chagos Archipelago under the
Treaty, including local administration and democracy.”
5 Diego Garcia Military Base and British Indian Ocean Territory
Bill

LORD LILLEY
20R★ _ Clause 1, page 1, line 7, at end insert “, subject to subsections (2A) to (2C).
(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 15 of the Treaty to allow the United
Kingdom the right to terminate the Treaty with six months’ notice when the
circumstances in subsection (2B) apply and motions to take note of a report of the
results of this negotiation have been approved by both Houses of Parliament
under subsection (2C).
(2B) The circumstances are that—
(a) Mauritius ceases to be a democracy in the view of the Secretary of State;
(b) Chagossians are denied a electoral franchise or suffer discrimination within
the Chagos Archipalago;
(c) Mauritius seeks or obtains a military or security alliance with a country
considered a threat to the United Kingdom.
(2C) The approval required by subsection (2A) must be in the form of a resolution of
the each House of Parliament.”
LORD LILLEY
20S★ _ 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
produced a report on the economic partnership under Article 11 of the Treaty and
a motion to take note of the report has been approved by resolution of both Houses
of Parliament.”
LORD CALLANAN
21_ Clause 1, page 1, line 9, at end insert—
“(5) When the Treaty comes into force the Secretary of State must make a statement
to Parliament.”
Member's explanatory statement
This amendment would require the Secretary of State to make a statement to Parliament when the
treaty comes into effect.
LORD CALLANAN
22_ Clause 1, page 1, line 9 at end insert—
“(5) When the Treaty comes into force the Secretary of State must undertake a review
of the total financial cost of the UK/Mauritius: Agreement concerning the Chagos
Archipelago including Diego Garcia and publish a report of the findings of the
review within one month of the coming into force of the Treaty.”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
6

Member's explanatory statement
This amendment would require the Secretary of State to review the total cost of the UK-Mauritius
agreement and publish a report of the findings of that review within one month.
LORD CALLANAN
_ Lord Callanan gives notice of his intention to oppose the Question that Clause 1 stand part of the
Bill.
After Clause 1
BARONESS HOEY
23_ After Clause 1, insert the following new Clause—
“Assessment of financial and defence implications of the Treaty
The Secretary of State must publish a report assessing the financial implications
of the Treaty for the United States of America and the United Kingdom, including
the effect on NATO spending and the risk of global instability from uncontrolled
leasing of islands.”
LORD MCCREA OF MAGHERAFELT AND COOKSTOWN
24_ After Clause 1, insert the following new Clause—
“Prohibition on payments to Mauritius under Article 11
The United Kingdom must not make any financial payments to the Republic of
Mauritius under Article 11 of the Mauritius Treaty.”
LORD LILLEY
25_ 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) The franchise for the referendum must consist of persons entitled to citizenship
under section 4 who are over 18 years of age.”
Member's explanatory statement
This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of
sections 2 and 4 dependent on certain conditions.
7 Diego Garcia Military Base and British Indian Ocean Territory
Bill

LORD LILLEY
26_ After Clause 1, insert the following new Clause—
“Employment rights of Chagossians
(1) The Secretary of State must seek to undertake negotiations with the Government
of Mauritius to establish whether they will allow amendments to Article 10 of the
Treaty to allow Chagossians to be employed on the Base.
(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.”
Member's explanatory statement
This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of
sections 2 to 4 dependent on certain conditions.
LORD LILLEY
27_ After Clause 1, insert the following new Clause—
“Asylum claimants
(1) The Secretary of State must seek to undertake negotiations with the Government
of Mauritius to ensure that Mauritius is responsible for asylum claimants and
illegal arrivals on Diego Garcia in relation to their responsibilities under paragraph
3 of Annex 2 of the Treaty.
(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.”
Member's explanatory statement
This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of
sections 2 and 4 dependent on certain conditions.
Diego Garcia Military Base and British Indian Ocean Territory
Bill
8

LORD LILLEY
28_ After Clause 1, insert the following new Clause—
“Consultation
(1) The Secretary of State must undertake a consultation of Chagossian people on the
transfer of sovereignty under this Act.
(2) The Secretary of State must lay a report on the outcome of the consultation before
both Houses of Parliaments and 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
both Houses of Parliament.
(4) For the purposes of section (2), the duties under this section are only discharged
if both Houses of Parliament agree the resolution in subsection (3) of this section.”
Member's explanatory statement
This amendment, connected to others in the name of Lord Lilley, seeks to make commencement of
sections 2 and 4 dependent on certain conditions.
LORD MORROW
29_ After Clause 1, insert the following new Clause—
“Report on Article 4 of the Treaty
The Secretary of State must publish a report concerning the relationship between
Article 4 of the Treaty and remaining Articles in the Treaty, in light of broader
international law obligations including (or with special regard to) (a) Resolution
567 (VI), (b) Resolution 648 (VII), (c) Resolution 742 (VIII), (d) Resolution 1514
(XV).”
LORD MORROW
30_ After Clause 1, insert the following new Clause—
“Implications of treaty on United Kingdom defence spending and United States
of America
(1) The Secretary of State must publish a report that assesses the financial impact of
the treaty on—
(a) the United Kingdom, and
(b) the United States of America.
(2) The report must include—
(a) the implications of the treaty on the United Kingdom defence budget and
United Kingdom contributions to the NATO budget, and
(b) any impact on regional stability as a result of the treaty.”
9 Diego Garcia Military Base and British Indian Ocean Territory
Bill

LORD MORROW
31_ After Clause 1, insert the following new Clause—
“Equality impact assessment
The Secretary of State must publish an equality impact assessment on the impact
of-the payment to Mauritius for the next ninety nine years for use of Diego Garcia,
the proposed payment to citizens of the Chagos Island which would be
administered for them by the Republic of Mauritius for the same 99 year period.”
LORD MORROW
32_ After Clause 1, insert the following new Clause—
“Report on Article 4 of the Treaty
The Secretary of State must publish a report concerning the relationship between
Article 4 of the Treaty and remaining Articles in the Treaty, in light of broader
international law obligations including (or with special regard to) (a) Resolution
567 (VI), (b) Resolution 648 (VII), (c) Resolution 742 (VIII), (d) Resolution 1514
(XV).”
Clause 2
LORD CALLANAN
_ Lord Callanan gives notice of his intention to oppose the Question that Clause 2 stand part of the
Bill.
Clause 3
LORD CALLANAN
33_ Clause 3, page 1, leave out from beginning of line 21 to “His” in line 4 on page 2
Member's explanatory statement
This amendment removes the statement that the law of the British Indian Ocean Territory continues
as the law of Diego Garcia on the grounds that this is redundant.
BARONESS GOLDIE
34_ Clause 3, page 2, line 16, at end insert—
“(7) The Secretary of State must lay before Parliament a statement establishing that,
in the event of any breach of the undertaking in Article 3(2)(b) of the Treaty, the
United Kingdom reserves the right to respond by taking whatever action is deemed
necessary to maintain the continued operation of the Diego Garcia Military Base.”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
10

LORD CALLANAN
_ Lord Callanan gives notice of his intention to oppose the Question that Clause 3 stand part of the
Bill.
After Clause 3
BARONESS GOLDIE
35_ After Clause 3, insert the following new Clause—
“Secretary of State’s duties regarding Diego Garcia
(1) The Secretary of State for Defence has the following general duties—
(a) to ensure the continued operation of the Diego Garcia Military Base (“the
Base”);
(b) to safeguard the interests of the United Kingdom and the interests of the
United Kingdom’s allies in relation to the Base;
(c) to ensure the maintenance and security of the electromagnetic spectrum
relating to the Base.
(2) The Secretary of State for Defence must carry out the duties in subsection (1) at
all times and without exception.
(3) In addition to the general duties under subsection (1), the Secretary of State for
Defence must make a request to the Joint Commission to establish a framework
for the timely settlement of disputes.”
BARONESS HOEY
36_ After Clause 3, insert the following new Clause—
“Asylum and refugee processing
Any asylum seekers or refugees arriving in Diego Garcia or the wider Chagos
Archipelago must be transferred directly to Mauritius only under an agreement
that guarantees humane treatment, full rights of appeal, and compliance with
international law.”
LORD MCCREA OF MAGHERAFELT AND COOKSTOWN
37_ After Clause 3, insert the following new Clause—
“Chagossian representation in the United Kingdom
The Government must ensure that a Chagossian representative is elected or
appointed to act as a liaison between the Chagossian community and Parliament.”
11 Diego Garcia Military Base and British Indian Ocean Territory
Bill

BARONESS HOEY
38_ After Clause 3, insert the following new Clause—
“Recycling and waste management
(1) The Secretary of State must ensure that a sustainable recycling system is established
within the Chagos Islands.
(2) The “sustainable recycling system” specified in subsection (1) must include plastic
and all other forms of waste management.”
LORD HAY OF BALLYORE
LORD WEIR OF BALLYHOLME
38A_ After Clause 3, insert the following new Clause—
“Access to air transport for British Chagossians
The Government shall seek to permit limited commercial and chartered flights
for British Chagossians to and from Diego Garcia, using the existing runway
facilities.”
LORD HAY OF BALLYORE
LORD WEIR OF BALLYHOLME
38B_ After Clause 3, insert the following new Clause—
“Employment rights at the Diego Garcia military base
All employment on the Diego Garcia military base shall include fair and equal
opportunities for Chagossians as British Indian Ocean Territory citizens, with
remuneration and conditions consistent with UK labour standards.”
LORD WEIR OF BALLYHOLME
38C_ After Clause 3, insert the following new Clause—
“Implementation of resettlement feasibility plan
The Government must implement the resettlement recommendations of the 2015
Feasibility Study for the Resettlement of the British Indian Ocean Territory, subject
to community consultation.”
Clause 4
LORD CALLANAN
39_ Clause 4, page 2, leave out line 28
Diego Garcia Military Base and British Indian Ocean Territory
Bill
12

Member's explanatory statement
This amendment seeks to probe the Government’s reasons for curtailing the rights of descendants
of those who are or was a citizen of the United Kingdom and Colonies by virtue of their birth in
the British Indian Ocean Territory.
LORD CALLANAN
40_ Clause 4, page 2, line 34, leave out from “never” to end and insert “had their British
citizenship revoked”
Member's explanatory statement
This amendment seeks to probe the Government’s reasons for barring a descendant of a Chagossian
from being registered as a British citizen because they have previously held, and no longer hold,
British citizenship.
LORD CALLANAN
41_ Clause 4, page 2, line 35, leave out lines 35 to 40
Member's explanatory statement
This amendment would permit the eligible descendants of Chagossians to apply for British
citizenship indefinitely.
LORD CALLANAN
42_ Clause 4, page 2, leave out lines 35 to 40 and insert—
“(2) The Secretary of State may by regulations require persons eligible to be
registered as a British citizen under subsection (1) to make an application
by a specified date.
(3) The Secretary of State may not make regulations under subsection (2) unless
he has held a consultation of no fewer than six months duration to consider
the views of persons eligible to be registered as a British citizen under
subsection (1) on the proposed date by which they must apply and placed
a report on the responses to that consultation before Parliament.”
Member's explanatory statement
This amendment would permit the Secretary of State to require the eligible descendants of
Chagossians to apply for British citizenship by a specified date provided that the Secretary of State
has first consulted the persons eligible on their views.
LORD CALLANAN
43_ Clause 4, page 2, line 39 leave out “23” and insert “30”
13 Diego Garcia Military Base and British Indian Ocean Territory
Bill

Member's explanatory statement
This amendment would allow descendants of Chagossians to apply for British citizenship up to
the age of 30, reflecting the fact that a person who is 23 years old may need more time to consider
whether they want to be a British citizen.
LORD CALLANAN
44_ Clause 4, page 3, line 4 leave out subsection (6)
Member's explanatory statement
This amendment removes the provision which limits the right of persons who are descendants of
persons with British Overseas Territories Citizenship by virtue of their parent’s connection with
the British Indian Ocean Territory.
LORD CALLANAN
_ Lord Callanan gives notice of his intention to oppose the Question that Clause 4 stand part of the
Bill.
After Clause 4
BARONESS HOEY
45_ After Clause 4, insert the following new Clause—
“Chagos Archipelago passports and documentation
British Chagossians shall be entitled to hold passports and official documentation
identifying them as citizens of the Chagos Archipelago and the British Indian
Ocean Territory.”
BARONESS HOEY
46_ After Clause 4, insert the following new Clause—
“Citizenship rights for children
Any child born to a British Chagossian parent in the United Kingdom shall
automatically be entitled to British Indian Ocean Territory and British Overseas
Territories citizenship.”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
14

BARONESS HOEY
47_ After Clause 4, insert the following new Clause—
“Demographic study of the Chagossian people
The Secretary of State must produce a report projecting the population growth of
the Chagossian people over the next 30 years, including their global diaspora,
and the impact of this Act upon that projected growth, and assess the implications
for international recognition of their national identity.”
BARONESS HOEY
48_ After Clause 4, insert the following new Clause—
“Retention of British Overseas Territories passports
British Chagossians shall retain the right to hold and renew British Overseas
Territories passports irrespective of any future changes in sovereignty.”
LORD MCCREA OF MAGHERAFELT AND COOKSTOWN
49_ After Clause 4, insert the following new Clause—
“Assessment of Chagossian civic identity and self-determination
(1) The Secretary of State must publish an evaluation of the credibility of any claim
that all Chagossians may be assumed to share civic identity with Mauritius without
a self-determination vote.
(2) The report must consider the historical involvement of the Republic of Mauritius
in the forced removal of the Chagossian people.”
LORD HANNAN OF KINGSCLERE
50_ After Clause 4, insert the following new Clause—
“Registration of vital records
(1) Marriages, births and deaths of Chagossians shall be capable of being registered
as British Indian Ocean Territories (BIOT) and British Overseas Territories (BOT)
citizens.
(2) The Government shall establish an official register for such records.”
15 Diego Garcia Military Base and British Indian Ocean Territory
Bill

BARONESS FOSTER OF AGHADRUMSEE
50A★ _ After Clause 4, insert the following new Clause—
“Chagossian identity and birthplace protection
(1) The Secretary of State must take all necessary steps, including through diplomatic
representations and international engagement, to ensure that the birthplace of
any Chagossian native, including Diego Garcia, Peros Banhos or Salomon,
continues to be recognised in all official documents.
(2) For the purposes of this section “official documents” includes, but is not limited
to, birth certificates, passports, civil status records, national identity documents
and any document issued by the authorities of any State that records the place of
birth of a Chagossian native.
(3) The Secretary of State must lay before Parliament an annual report setting out—
(a) any instances in which the birthplace of a Chagossian native has been
altered, removed or replaced by another State,
(b) the steps taken to challenge or rectify such alterations, and
(c) any measures introduced to safeguard the accurate recording of the
birthplace of Chagossian natives in the future.
(4) In this section—
“Chagossian native” means a person born on any island of the Chagos
Archipelago prior to the depopulation of those islands between 1968 and
1973.”
Clause 5
LORD CALLANAN
51_ Clause 5, page 3, line 37 after “dominions” insert “in respect of the British Indian Ocean
Territory or Diego Garcia”
Member's explanatory statement
This amendment clarifies that this section only confirms His Majesty’s undoubted power to amend,
repeal or revoke any legislation of any of His Majesty’s dominions by Order in Council in respect
of the British Indian Ocean Territory or Diego Garcia.
LORD LANSLEY
51A_ 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.”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
16

LORD LANSLEY
51B_ Clause 5, page 3, line 40, leave out “An” and insert “Any other”
LORD LANSLEY
51C_ Clause 5, page 3, line 41, leave out from “Parliament” to end of line 3 on page 4
LORD CALLANAN
_ Lord Callanan gives notice of his intention to oppose the Question that Clause 5 stand part of the
Bill.
After Clause 5
LORD ALTRINCHAM
52_ After Clause 5, insert the following new Clause—
“Treaty implementation: payments
(1) No payment may be made by the Government of the United Kingdom to the
Government of Mauritius under Article 11 of the Treaty without the approval of
the House of Commons.
(2) The approval required by subsection (1) must be in the form of a resolution of the
House of Commons.”
Member's explanatory statement
This amendment seeks to probe the reasons for payments to the Government of Mauritius under
the Treaty.
LORD CRAIG OF RADLEY
LORD HOUGHTON OF RICHMOND
53_ After Clause 5, insert the following new Clause—
“Payments: base usability
(1) No payment may be made by the Government of the United Kingdom to the
Government of Mauritius under Article 11 of the Treaty if the Diego Garcia military
base is not usable.
(2) In this section, “not usable” means that the military base has been rendered
inoperable for the purposes of military operations due to sea level rise or natural
disaster.”
Member's explanatory statement
This amendment seeks to probe the options for withdrawal from the Treaty if the Diego Garcia
military base is no longer usable.
17 Diego Garcia Military Base and British Indian Ocean Territory
Bill

BARONESS HOEY
54_ After Clause 5, insert the following new Clause—
“Parliamentary approval for new defence arrangements
(1) The Secretary of State must, by regulations, ensure that the 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 WEIR OF BALLYHOLME
55_ After Clause 5, insert the following new Clause—
“Equality impact assessment: payments to Mauritius and Chagossians
The Secretary of State must undertake and publish an equality impact assessment
of payments made the Republic of Mauritius under the Treaty.”
Member's explanatory statement
The amendment seeks to probe the equity of payments to the Republic of Mauritius and Chagossians
respectively.
LORD MCCREA OF MAGHERAFELT AND COOKSTOWN
56_ After Clause 5, insert the following new Clause—
“Chagossian self-determination and peace report
The Secretary of State must produce a report assessing whether the cause of peace
and legal certainty for the military base on Diego Garcia is better served through
the Treaty or through granting self-determination and resettlement to the
Chagossian people as a self-governing British Overseas Territory.”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
18

LORD MCCREA OF MAGHERAFELT AND COOKSTOWN
57_ After Clause 5, insert the following new Clause—
“Prohibition on legal representation for Mauritius in Chagos matters
No British lawyer or law firm may act on behalf of, or represent, the Republic of
Mauritius in any legal proceedings or negotiations relating to the sovereignty,
governance or administration of the Chagos Archipelago.”
LORD WEIR OF BALLYHOLME
58_ After Clause 5, insert the following new Clause—
“Defence report on leasing and security risks
(1) The Secretary of State, in consultation with the United States of America, must
produce a report assessing security scenarios arising if a state leases an island in
the Chagos Archipelago for a declared non-defence purpose but subsequently
uses it for defence or security activities.
(2) The report shall access the costs, likelihood of conflict and risks to global security
and be laid before Parliament.”
LORD WEIR OF BALLYHOLME
59_ After Clause 5, insert the following Clause—
“Impact on UK defence budget
The Secretary of State must publish a report assessing the effect of the Treaty on
the United Kingdom defence budget, including the opportunity cost to national
defence.”
BARONESS HOEY
60_ After Clause 5, insert the following new Clause—
“Protection of bird populations
The Secretary of State must ensure the protection and preservation of native and
migratory bird species within the Chagos Archipelago.”
LORD WEIR OF BALLYHOLME
61_ After Clause 5, insert the following new Clause—
“Airspace boundaries: United States Airforce report
Sections 2 to 4 of this Act cannot come into force until the Secretary of State has
made a statement confirming that they have consulted the United States Air Force
19 Diego Garcia Military Base and British Indian Ocean Territory
Bill

(“the USAF”) and that any changes to international airspace boundaries will not
complicate or undermine the USAF’s activities and operations.”
LORD WEIR OF BALLYHOLME
62_ After Clause 5, insert the following new Clause—
“Maritime boundaries : United States Navy report
Sections 2 to 4 of this Act cannot come into force until the Secretary of State has
made a statement confirming that they have consulted the United States Navy
and that any changes to the maritime boundaries will not complicate or undermine
naval operations.”
LORD LILLEY
63_ After Clause 5, insert the following new Clause—
“Review: impact on nuclear treaties
Within three months of the day on which this Act is passed, the Secretary of State
must publish a review of the impact of this Act on the ability of the United
Kingdom and Mauritius to comply with international treaties relating to nuclear
weapons.”
LORD CALLANAN
64_ After Clause 5, insert the following new Clause—
“Approval in a referendum of the Chagossian people
(1) A referendum is to be held of all Chagossians over the age of 18 as to whether the
British Indian Ocean Territory should remain a British Overseas Territory or be
transferred to Mauritian sovereignty.
(2) The Secretary of State must, by regulations made by statutory instrument, make
provision for the referendum and appoint the day on which the referendum is to
be held.
(3) The question that is to appear on the ballot papers is “Should the British Indian
Ocean Territory remain a British Overseas Territory?”.
(4) The potential answers to that question that are to appear on the ballot papers
are—
(a) “Remain a British Overseas Territory”, and
(b) “Be transferred to Mauritius”.
(5) For the purposes of this section, “Chagossians” are persons connected with the
British Indian Ocean Territory entitled to claim citizenship under section 4.
Diego Garcia Military Base and British Indian Ocean Territory
Bill
20

(6) No transfer of sovereignty may take place 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.
(7) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.”
BARONESS HOEY
65_ After Clause 5, insert the following new Clause—
“Protection from marine and waste pollution
(1) The Secretary of State must introduce a waste management and coastal protection
system to protect the Chagos Archipelago.
(2) The "waste management and coastal protection system" specified in subsection
(1) must include—
(a) the removal of waste from the Archipelago that has entered from
neighbouring countries, and
(b) the prevention of debris entering into the Archipelago.
(3) The Secretary of State must publish an annual report on the measures taken to
maintain a clean marine environment in the Chagos Archipelago.”
LORD CALLANAN
66_ After Clause 5, insert the following new Clause—
“Chagos marine protected area
The Secretary of State must publish a report on how they intend to preserve in
perpetuity the Chagos Marine Protected Area, including steps to ensure—
(a) the provision of Mauritian fishing protection vessels providing the same
of better coverage than the BIOT patrol,
(b) that Mauritius commits to retaining the Chagos Marine Protected Area as
a no catch zone, and
(c) the United Kingdom has legal recourse if either (a) or (b) are not upheld.”
LORD CALLANAN
67_ After Clause 5, insert the following new Clause—
“Informing Mauritius under paragraph 2 of Annex 1
The Government shall not inform Mauritius of the use of the Base on Diego Garcia
for an armed attack on a third state, as required under Annex 1, unless—
(a) the armed attack emanating from the Base has already ended,
(b) informing Mauritius will not endanger the security of the Base, and
21 Diego Garcia Military Base and British Indian Ocean Territory
Bill

(c) the Government has already informed both Houses of Parliament that an
attack has taken place.”
Member's explanatory statement
This amendment is to ensure that the Government is not able to endanger UK or USA security
by notifying Mauritius of any planned use of the Base.
BARONESS HOEY
68_ After Clause 5, insert the following new Clause—
“Protection against illegal fishing
The Secretary of State must establish a system of patrols and monitoring to prevent
illegal fishing within Chagos territorial waters and the surrounding marine
protected area.”
LORD CALLANAN
69_ After Clause 5, insert the following new Clause—
“Notification of Mauritius under paragraph 3(b) of Annex 1
The Government shall not notify Mauritius of the location of equipment in the
Chagos Archipelago beyond Diego Garcia before conducting maintenance and
upgrades.”
Member's explanatory statement
This amendment is 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
70_ After Clause 5, insert the following new Clause—
“Treaty implementation: annual payments to Mauritius
Each annual payment to Mauritius under Article 11 of the Treaty can only be
made if—
(a) it has been approved by a resolution of the House of Commons;
(b) the Government has laid a report before both Houses of Parliament setting
out whether the payment represents value for money.”
Member's explanatory statement
This amendment is to ensure that each annual payment to Mauritius is voted on by the House of
Commons and represents value for money.
LORD CALLANAN
71_ [Withdrawn]
Diego Garcia Military Base and British Indian Ocean Territory
Bill
22

LORD CALLANAN
72_ 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 UK/Mauritius:
Agreement concerning the Chagos Archipelago including Diego Garcia 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 Report.
LORD CALLANAN
73_ 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 ongoing financial cost of providing support and
assistance to Mauritius under Article 5 of the UK/Mauritius: Agreement
concerning the Chagos Archipelago including Diego Garcia.”
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.
LORD CALLANAN
74_ After Clause 5, insert the following new Clause—
“Article 10: employment of Mauritians
Within one month of the day on which this Act is passed the Secretary of State
must publish an estimate of the impact of the terms of Article 10 of the
UK/Mauritius: Agreement concerning the Chagos Archipelago including Diego
Garcia on the financial cost of operating the Base.”
Member's explanatory statement
This amendment would require the Secretary of State to publish an estimate of the impact of Article
10 of the Agreement on the cost of running the Diego Garcia military base.
23 Diego Garcia Military Base and British Indian Ocean Territory
Bill

LORD CALLANAN
75_ 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 the Secretary of State
must publish a schedule of expected payments to Mauritius under Article 11 of
the UK/Mauritius: Agreement concerning the Chagos Archipelago including
Diego Garcia 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 Agreement.
LORD HANNAN OF KINGSCLERE
76_ After Clause 5, insert the following new Clause—
“Right to fish within Chagos waters
Chagossians shall have the right to fish sustainably within the lagoons and coastal
waters of the Chagos Archipelago.”
LORD CALLANAN
77_ After Clause 5, insert the following new Clause—
“Article 12: process for the establishment of the Joint Commission
Within six months of the day on which this Act is passed the Secretary of State
must make a statement setting out the process that the UK will follow in fulfilling
its obligations under Article 11 of the UK/Mauritius: Agreement concerning the
Chagos Archipelago including Diego Garcia.”
Member's explanatory statement
This amendment would require the Secretary of State to publish a statement of the Government's
planned approach to the establishment of the Joint Commission under Article 11 of the Agreement.
LORD HANNAN OF KINGSCLERE
78_ After Clause 5, insert the following new Clause—
“Employment on Diego Garcia
The Government must ensure that Chagossians are prioritised for employment
on the Diego Garcia military base as British Indian Ocean Territories citizens over
and above possible recruits from other countries.”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
24

LORD CALLANAN
79_ After Clause 5, insert the following new Clause—
“Article 15: termination of the agreement
Within one month of this Act receiving Royal Assent the Secretary of State must
publish a statement setting out his or her 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 PURVIS OF TWEED
80★ _ After Clause 5, insert the following new Clause—
“UK–Mauritius Inter-parliamentary Committee
(1) Upon the passage of this Act, 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 oversee 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 the composition of the Inter-parliamentary
Committee should reflect equal representation from the parliaments of the United
Kingdom and the Republic of Mauritius, and that 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;
(b) evaluating the recognition and protection of Chagossian rights, including
but not limited to—
(i) the right of return,
(ii) the right to self-determination, and
(iii) access to compensation, resettlement, or other forms of support;
(c) considering the welfare, integration, and general needs of Chagossians
residing in the United Kingdom;
(d) assessing progress made in negotiations between the Governments of the
United Kingdom and Mauritius relating to the rights of Chagossians; and
(e) reviewing any financial arrangements made under the Treaty, including
those supporting resettlement, welfare, or the development of the
Chagossian community.
25 Diego Garcia Military Base and British Indian Ocean Territory
Bill

(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.”
LORD MORROW
81_ After Clause 5, insert the following new Clause—
“Impact of treaty on citizens of the Chagos Islands
The Secretary of State must publish a report on the forecasted impact of the treaty
on the citizens of the Chagos Islands.”
BARONESS FOSTER OF AGHADRUMSEE
81A_ After Clause 5, insert the following new Clause—
“Review: Chagossian culture and heritage
Within three months of the day on which this Act is passed, the Secretary of State
must undertake a review of the impact of the transfer of sovereignty under this
Act and the Treaty on the preservation of and right to access sites of Chagossian
heritage.”
LORD THURLOW
81B_ [Withdrawn]
LORD KEMPSELL
81C_ After Clause 5, insert the following new Clause—
“Chagossian contact group
Within one month of the day on which this Act is passed, the Secretary of State
must—
(a) establish a (or ensure that any) Chagossian contact group is active for the
time that the Treaty is in force, and
(b) ensure that the group meets quarterly.”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
26

LORD KEMPSELL
81D_ After Clause 5, insert the following new Clause—
“Annual report: defence
Within 12 months of the day on which this Act is passed and annually thereafter,
the Secretary of State must publish a report reviewing the risks and emerging
threats to the operation of the Diego Garcia base, including from hostile states.”
LORD KEMPSELL
81E_ After Clause 5, insert the following new Clause—
“Prime Ministerial report: security risks
Within three months of the day on which this Act is passed, and annually
thereafter, His Majesty’s Armed Forces and the intelligence services must produce
a report for the Prime Minister on any threats and risks to the Diego Garcia Base
which—
(a) may arise because of the transfer of sovereignty under this Act, or
(b) could trigger a security review under Annex 1 of the Treaty.”
LORD KEMPSELL
81F_ After Clause 5, insert the following new Clause—
“Reporting requirement: communications from Mauritius
The Secretary of State must lay before Parliament the details of any
communications from the Government of Mauritius regarding the—
(a) existence of,
(b) effect of, or
(c) proposals relating to
any amendments to the Treaty.”
LORD KEMPSELL
81G_ After Clause 5, inserting the following new Clause—
“Report: resettlement
Within 12 months of the day on which this Act is passed and annually thereafter,
the Secretary of State must publish a report on progress made in the relation to
the resettlement of Chagossians under Article 6 of the Treaty.”
27 Diego Garcia Military Base and British Indian Ocean Territory
Bill

LORD KEMPSELL
81H_ After Clause 5, insert the following new Clause—
“Report: payments
(1) Within 12 months of the day on which this Act is passed, and annually thereafter,
the Secretary of State lay an annual report and accounting statement before
Parliament.
(2) The report and statement must—
(a) detail past and future payments to the Government of Mauritius,
(b) include an impact assessment analysing the cost of payments to taxpayers
in the United Kingdom, and
(c) include information on any errors and under and overpayments.”
BARONESS FOSTER OF AGHADRUMSEE
81J★ _ After Clause 5, insert the following new Clause—
“Mandatory consultation with the government of the United States regarding
security risks
(1) Before taking any action that may affect the security environment of the Chagos
Archipelago or the operation of the facilities on Diego Garcia, the Secretary of
State must consult the government of the United States of America.
(2) For the purposes of subsection (1), “action” includes—
(a) any proposal relating to sovereignty, administration or control of any
island other than Diego Garcia,
(b) any agreement with the Republic of Mauritius or any other state concerning
access, use or activities within the Archipelago,
(c) any decision that could affect the security guarantees, cooperation
mechanisms or obligations set out in Annex 1 of the Treaty, and
(d) any measure that may influence, directly or indirectly, the security posture
or operational capability of the United States facility on Diego Garcia.
(3) The Secretary of State must lay before Parliament a statement confirming that
consultation under subsection (1) has taken place before any such action is
implemented.”
Clause 6
LORD PURVIS OF TWEED
82★ _ 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).”
Diego Garcia Military Base and British Indian Ocean Territory
Bill
28

BARONESS GOLDIE
83_ Clause 6, page 4, line 17, at beginning insert “Subject to subsection (1A),”
LORD CALLANAN
84_ Clause 6, page 4, line 17, at beginning insert “Subject to section (Approval in a referendum
of the Chagossian people),”
BARONESS GOLDIE
85_ Clause 6, page 4, line 18, at end insert—
“(1A) Sections 2 to 4 may not come into force until the Secretary of State has published
a statement establishing that the notification in Annex 1 1(b)(viii) of the Treaty
does not require the consent of Mauritius in response.”
BARONESS GOLDIE
86_ Clause 6, page 4, line 18, at end insert—
“(1A) Sections 2 to 4 may not come into force until the Secretary of State has published
a statement establishing that the obligation under Annex 1(2) of the Treaty does
not extend to aircraft and vessels which have landed or docked at the Base for the
purposes of maintenance or refuelling prior to the armed attack on a third state.”
BARONESS GOLDIE
87_ Clause 6, page 4, line 18, at end insert—
“(1A) Sections 2 to 4 may not come into force until the Secretary of State has published
a statement establishing that the obligation under Annex 1(2) of the Treaty does
not apply to any action taken by the United Kingdom to disable hostile aircraft,
drones, ships or other devices which present a threat to the Base.”
BARONESS GOLDIE
88_ Clause 6, page 4, line 18, at end insert—
“(1A) Sections 2 to 4 may not come into force until the Secretary of State has published
a statement establishing that Annex 1(1)(a) of the Treaty includes the right of the
United Kingdom to allow nuclear propelled vessels and nuclear armed vessels
and aircraft to enter the sea and airspace of Diego Garcia.”
29 Diego Garcia Military Base and British Indian Ocean Territory
Bill

BARONESS GOLDIE
89_ Clause 6, page 4, line 18, at end insert—
“(1A) Sections 2 to 4 may not come into force until the Secretary of State has published
a statement establishing that, without prejudice to the prerogative powers, His
Majesty may withdraw the United Kingdom as a party to the Treaty and withhold
any payment due to Mauritius by the United Kingdom if Mauritius violates any
terms of the Treaty.”
LORD CALLANAN
90_ Clause 6, page 4, line 18, at end insert—
“(1A) Section 4 shall not come into force unless 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.
Diego Garcia Military Base and British Indian Ocean Territory
Bill
30

Diego Garcia Military Base and British Indian Ocean
Territory Bill
SECOND MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE OF THE WHOLE HOUSE
21 November 2025
PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS
59/1 HL Bill 139—II