Parliamentary questions on the Chagos islands

Here we have collected parliamentary questions and answers relating to the Chagossians and the Chagos islands. It's not a comprehensive list - if you want the complete records, please consult Hansard. And if you think there are any good bits that we have missed out, please let us know.

Click to jump to a date:
14 March 2005
9 February 2005
2 November 2004
1 November 2004
28 October 2004
26 October 2004
12 October 2004
20 July 2004
19 July 2004
16 July 2004
15 July 2004
12 July 2004
30 June 2004
21 June 2004
7 June 2004
2 March 2004

14 March 2005

Diego Garcia

Tam Dalyell (Lab, Linlithgow): To ask the Secretary of State for Foreign and Commonwealth Affairs what inspections are made by British officials of the passengers on US ships and aircraft making use of Diego Garcia.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): All ships, aircraft and personnel entering or departing Diego Garcia (including its waters) are subject to inspection by British Indian Ocean Territory (BIOT) Imports and Exports Control officers and must present passports and immigration documentation to BIOT Immigration Officers.

Tam Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs how many British officials are in permanent residence in Diego Garcia; and what their responsibilities are.

Bill Rammell: There are no British officials in permanent residence on Diego Garcia. There are 40 British military personnel stationed on the island, where they usually serve for a period of one year. Their responsibilities are as follows:

- One Royal Navy Commander—Commissioners Representative, Magistrate, Principal Immigration Officer, Imports and Exports Control Officer, Coroner, Postmaster
- One Royal Marine Major—Deputy Representative (and deputy to all the above) Public Prosecutor, Fisheries Officer
- One Royal Marine Captain—military remit only
- 10 British Indian Ocean Territory (BIOT) Peace Officers — to enforce BIOT civilian law
- 14 Imports and Exports Control Officers / Immigration Officers
- Two Administration staff
- 11 Security staff—military remit only

All 40 are military staff and have a military remit in addition to the civilian roles above.

Tam Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports he receives from British officials on the use made by US forces and officials of facilities on Diego Garcia.

Bill Rammell: The UK and US hold annual talks to discuss issues relating to Diego Garcia. In addition, my officials are in regular contact with US officials in London, Washington and Diego Garcia.

9 February 2005 - written answers

Diego Garcia

Llew Smith (Lab, Blaenau Gwent): To ask the Secretary of State for Defence at what time, using Greenwich Mean Time and on what date the United States Navy authorities on Diego Garcia informed (a) British military personnel based on Diego Garcia and (b) his Department that the hydro-acoustic monitoring stations based on Diego Garcia had picked up the movement and direction of the tsunami tidal wave on 26 December 2004; and what action was taken following the receipt of this information.

Adam Ingram (Minister of State, Ministry of Defence): United Kingdom military personnel were not warned of the earthquake or tsunami by the Naval Support Facility on Diego Garcia, but became aware of both from reports on the Internet at about 13:00 local time (07:00 GMT) — around five hours after the earthquake struck. The Commanding Officer contacted the Ministry of Defence to confirm that Diego Garcia was broadly untouched by the tsunami. MOD duty staffs in the UK also became aware of the tsunami via the broadcast media and began discussions with DflD staff about scoping the scale of the disaster at around midday on Boxing day.

2 November 2004

Diego Garcia

Alex Salmond (SNP, Banff and Buchan): To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to his answer of 21 June, Official Report, column. 1221W, on which date the US Administration last gave an assurance that no prisoners are held or transported through Diego Garcia; whether this was a (a) written and (b) verbal assurance; and if he will make a statement.

Bill Rammell (Parliamentary under-secretary, Foreign and Commonwealth Affairs): The US authorities have repeatedly given us verbal assurances, most recently in May 2004, that no prisoners have at any time passed in transit through Diego Garcia or its territorial waters or have disembarked there. The British Representative on Diego Garcia has confirmed this to be the case.

Mauritius/Chagos Islands

Alex Salmond: To ask the Secretary of State for Foreign and Commonwealth Affairs on what date the European Convention on Human Rights was applied to Mauritius and the Chagos Islands; and if he will make a statement.

Bill Rammell: The European Convention on Human Rights was extended to Mauritius, together with a number of other territories for whose international relations the United Kingdom Government was then responsible, on 23 October 1953. It ceased to apply to Mauritius when that country became independent on 12 March 1968. It has not been extended to the British Indian Ocean Territory, which has no settled population.

2 November 2004

Guantanamo Bay

Keith Vaz (Lab, Leicester East): To ask the Secretary of State for Foreign and Commonwealth Affairs when he last discussed British prisoners at Guantanamo Bay with his US counterpart; and what was discussed.

Chris Mullin (Parliamentary Under-secretary, Foreign and Commonwealth Affairs): My right hon. Friend the Foreign Secretary has frequent contact with his US counterpart on a wide range of issues, including Guantanamo Bay.

The Government's position has been that the British detainees should either be tried fairly in accordance with international standards or they should be returned to the UK. In the absence of the prospect of a fair trial in accordance with international standards, we requested that the nine British detainees be returned to the UK. Five returned in March. Following a visit by officials to Washington in May. my right hon. Friend the Prime Minister repeated our request that the remaining four detainees be returned to the UK. We continue to work to resolve their situation.

We are also continuing to pursue actively with the US authorities our outstanding welfare concerns.

1 November 2004

Diego Garcians

Peter Ainsworth (Con, East Surrey):To ask the Deputy Prime Minister what measures he is taking to assist Reigate and Banstead Borough Council in housing and feeding the exiled Diego Garcians recently arrived from Mauritius; and if he will make a statement.

Nick Raynsford (Minister of State, Office of the Dep PM): It is understood that Reigate and Banstead Borough Council are currently accommodating a number of persons recently arrived from Mauritius.

Local housing authorities' obligations to provide temporary accommodation under the homelessness legislation apply principally in cases where the Council have a reason to believe that the applicants may be eligible for assistance, unintentionally homeless and in priority need. I understand that the recent arrivals from Mauritius were found by the Council to be ineligible for homelessness assistance on the basis that, despite being British citizens, they are persons from abroad who are not habitually resident. The Council originally decided not to exercise their power to provide them with accommodation pending an internal review of that decision. The decision is now the subject of judicial review proceedings and the Council are currently accommodating them pending the outcome of those proceedings.

Local housing authorities are funded for the provision of homelessness services through revenue support grant and are expected to meet the costs of dealing with situations such as the need to provide housing support for small groups of migrants, or, as in the case of the Chagossians, the return of British citizens from abroad, from within existing provision.

Reigate and Banstead Borough Council are a district council and do not have social services functions. District councils do not have a statutory obligation under housing legislation to meet the subsistence needs of homeless persons.

Peter Ainsworth: To ask the Deputy Prime Minister what representations he has received, and when, regarding the cost to Reigate and Banstead Borough Council of housing exiled Diego Garcians now resident in Horley; and what action he has taken.

Nick Raynsford: The Office of the Deputy Prime Minister has received one letter dated 19 October on this issue from the hon. Member. A reply will be given shortly.

28 October 2004

WPQ - Jeremy Corbyn (Lab, Islington North): To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he received from British Indian Ocean Territory citizens concerning their economic well being in (a) Mauritius, (b) the Seychelles and (c) the UK; and if he will make a statement.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): I have from time to time received representations from the leader of the Chagossian community in Mauritius concerning the economic well being of that community, but I have received no comparable representations from Chagossians in Seychelles. In addition, a representative of the Chagossians who recently arrived in the UK contacted my officials who advised that any matter relating to the Chagossians' well being in this country should be raised with the local social services.

26 October 2004

WPQ - Jeremy Corbyn (Lab, Islington North): To ask the Secretary of State for Foreign and Commonwealth Affairs what information he has collated on the living standards of British Indian Ocean Territory citizens normally resident in (a) Mauritius, (b) the Seychelles and (c) UK; and if he will make a statement.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): Information on the living standards of members of the Chagossian communities in Mauritius and Seychelles is not formally collated, but I am kept informed about this by officials and by visitors to these two countries. The Foreign and Commonwealth Office is not responsible for collating information on the living standards of people resident in the United Kingdom.

26 October 2004

WPQ - Jeremy Corbyn (Lab, Islington North): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list the ministerial meetings concerning the British Indian Ocean Territory which have been held with (a) representatives of the Chagos Islanders and (b) hon. Members in the last five years.

Bill Rammell (Parliamentary Under-secretary, Foreign and Commonwealth Office): There have been numerous such meetings over the last five years. However, a comprehensive list of such meetings is not held centrally and could be provided only at disproportionate cost.

12 October 2004

Diego Garcia

Laura Moffatt (Lab, Crawley): What advice is given to the people of Diego Garcia currently living in Mauritius and the Seychelles who choose to take up their British passports and live in the UK.

Jack Straw (Secretary of State for Foreign and Commonwealth Affairs): When passports are issued to Chagossians in Mauritius and the Seychelles, our high commissions there provide written advice on what they can expect when they arrive in the UK. It makes it clear that able-bodied Chagossians without care needs cannot expect to receive automatic support when they arrive in the UK and should ensure before travelling that they have the means to support themselves. That is the same for any other United Kingdom citizen without habitual residence in the UK.

Laura Moffatt: I thank my right hon. Friend for that response. He will know that both inside and outside the House there is considerable concern about the plight of the Chagos islanders who moved to Mauritius. For me, the issue has been around people who may have been exploited entering the UK. Immediately on their arrival, a judgment in the High Court is sought on whether they should be given assistance through the local authority. That has caused enormous difficulty. May I ask my right hon. Friend to make sure that all Departments involved in what can be a difficult and painful issue work together to seek a solution?

Jack Straw: I give my hon. Friend that undertaking. It is a difficult issue. I understand that the High Court's judgment against the county council is the subject of an appeal right now. We do our best to work closely together. I will make sure that we are doing that as well as we can. I repeat that the rules in respect of United Kingdom citizens arriving from Mauritius and the Seychelles are exactly the same as those for any other United Kingdom citizens who do not have habitual residence in the UK. There is no discrimination. Although I understand some of the difficulties that the Chagossians have encountered in Mauritius and the Seychelles, it is also fair to say that we have provided a large amount of compensation to those families.

David Chidgey (Lib Dem, Eastleigh): What efforts have the Government made to ensure that compensation paid to these displaced persons through the Mauritian and Seychellian Governments has reached the people who expected to benefit from them?

Jack Straw: My understanding is that the British Government have made two payments of compensation in relation to the resettlement of the Chagos islanders. Those payments in today's terms total more than £14 million. I have had no representations to the effect that the intended beneficiaries have not received the money. I am happy to follow up the matter if the hon. Gentleman writes to me.

John Grogan (Lab, Selby): Given last week's excellent ITV programme, which chronicled the appalling treatment that the Chagos islanders have received from successive British Governments and the fact that many of them signed away their rights to compensation without realising what they were signing, is there not a strong and clear moral case for the British Government to look again at making further compensation payments to some of the islanders who are living in the most appalling poverty?

Jack Straw: I understand how controversial has been the history of the moves made many decades ago to remove the Chagossians from their natural territory to Mauritius and the Seychelles, but this Government and, I think it fair to say, our immediate predecessors have not acted in an appalling way. We have acted to the best of our ability and large amounts of compensation, given the relatively small numbers involved, have been paid.

20 July 2004

Diego Garcia

Tom Brake (Lib Dem, Carshalton & Wallington): To ask the Secretary of State for Foreign and Commonwealth Affairs when a representative of his Department last visited the US prison facilities on Diego Garcia.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): The only United States prison facilities on Diego Garcia are those established under United States Service law for the detention, as authorised by that law, of members of the United States armed forces and any accompanying civilian personnel and dependants. There is no record of any member of the Foreign and Commonwealth Office visiting those facilities. The US have made it clear that the British Indian Ocean Territory Commissioner's Representative on Diego Garcia would be permitted to visit at any time.

19 July 2004

Chagos Islands (Orders in Council)

Llew Smith (Lab, Blaenau Gwent): To ask the Secretary of State for Foreign and Commonwealth Affairs what consultation took place prior to the announcement of the two Orders in Council on 10 June 2004, announced in the written statement of 15 June 2004, Official Report, columns 32–4WS, with (a) Chagossians resident in the United Kingdom and (b) Chagossians resident in Mauritius; and what response he has had from Chagossians following the Orders in Council being made.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): Before the British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were submitted to Her Majesty the Queen in Council, I and my right hon. Friend the Foreign Secretary gave very careful consideration to all relevant interests and concerns. There was no prior consultation with Chagossians resident in the United Kingdom or Mauritius.

A petition by a number of Chagossians in the United Kingdom, raising various points including their wish to resettle in the Chagos islands, was handed in to the Foreign and Commonwealth Office on 6 July 2004, and a petition by Chagossians resident in Mauritius was handed in to the British High Commission in Port Louis on 13 July 2004.

Diego Garcia

Llew Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs what rights Ilois islanders have to visit Diego Garcia to care for the graves of their ancestors; and what financial support is provided to help their passage from Mauritius for such visits.

Bill Rammell: Following the restoration of full immigration control over the whole of the British Indian Ocean Territory, the Chagossians would need a permit in order to visit any part of the Territory. We have made clear that we remain prepared, as we always have been, to assist and finance a visit by a party of Chagossians to the outer islands of the Territory to enable them to visit the graves there of their parents and grandparents. We have further made clear that if there is a request that the itinerary of any such visit should also include the graves on Diego Garcia, we are prepared to make representations to the US authorities about that.

Llew Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs whether there is a prison or controlled area for holding detainees on Diego Garcia.

Bill Rammell: I refer my hon. Friend to the reply my right hon. Friend the Foreign Secretary gave to the right hon. and learned Member for North-East Fife (Sir Menzies Campbell) on 21 June 2004, Official Report, column 1221W.

Llew Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs what requirement has been placed upon the United States military as a result of the leasing agreement for Diego Garcia, to ensure the land and aquatic environment of Diego Garcia and other Chagos islands are not damaged by the military activities of the United States; what arrangements are in place to remove military and commercial wastes from the islands; and what consultation he has had with the United States Administration over the adequacy of emergency plans to clean up pollution.

Bill Rammell: There is no leasing agreement in respect of Diego Garcia but, under the relevant treaties concluded with the US Government, the whole of the British Indian Ocean Territory (BIOT) is set aside for the defence purposes of the United Kingdom and the United States of America, and the US Government is entitled to establish and maintain a defence facility on Diego Garcia. The BIOT Government and the US authorities collaborate on all aspects of the conservation and protection of the natural environment of Diego Garcia and, where appropriate, of the outer islands of the Territory. In this context, the US authorities on Diego Garcia have established a Natural Resources Management Plan and they expend considerable resources on environmental conservation. The UK Government attaches considerable importance to the conservation of the natural environment of the Chagos islands and the BIOT Government have ensured that the necessary legislation for this purpose is in place and is enforced, and that relevant international conventions are observed.

LEADER OF THE HOUSE
Orders in Council

Llew Smith: To ask the Leader of the House if he will list each occasion when Her Majesty's Government has legislated by way of an Order in Council since 1 May 1997; and what the reason for deciding on this way to legislate was in each case.

Christopher Leslie (Parliamentary Under-Secretary, Department for Constitutional Affairs): I have been asked to reply.

Her Majesty's Government legislates through Orders in Council either because Parliament has provided for delegated legislation under a particular Act to be made in that way, or because a Prerogative power is being exercised which can be given legislative force in no other way. Not all Orders in Council represent "legislation by Her Majesty's Government", and the task of listing those that do could be carried out only at disproportionate cost. A list of all Orders in Council made since October 2000 can be found, however, on the Privy Council Office website at www.pco.gov.uk.

16 July 2004

British Indian Ocean Territories

Jeremy Corbyn (Lab, Islington North): To ask the Secretary of State for Foreign and Commonwealth Affairs what meetings he has held with the Government of Mauritius concerning its claim for sovereignty over the British Indian Ocean Territories; and if he will make a statement.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): [holding answer 15 July 2004]: There have been no recent meetings between the two Governments on this issue. However, both my right hon. Friend the Foreign Secretary and I offered discussion of this issue with Mauritian Prime Minister Paul Berenger during his recent visit to the UK.

The British Government do not recognise the claim by Mauritius to sovereignty over the British Indian Ocean Territory. However, we have recognised Mauritius as the only state which has a right to assert a claim of sovereignty when the United Kingdom relinquishes it own sovereignty, and successive British Governments have given undertakings to the Government of Mauritius that the Territory will be ceded when no longer required for defence purposes subject to the requirements of international law.

15 Jul 2004

Llew Smith (Lab, Blaenau Gwent): To ask the Secretary of State for Defence pursuant to his answer of 27 May 2004, Official Report, column 1840W, what the reason is for the Royal Military Police post established at Diego Garcia.

Geoff Hoon (Secretary of State, Ministry of Defence): Some 40 British Service personnel, including one from the Royal Military Police, are permanently stationed in Diego Garcia; where they undertake a variety of customs, policing, and security related duties.

12 July 2004

British Indian Ocean Territory

David Kidney (Lab, Stafford): To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the written ministerial statement of 15 June 2004, Official Report, columns 32–34WS, on the British Indian Ocean Territory, what estimate he has made of the value of the underwriting by the United Kingdom Government which would be required for the resettlement of the island.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): The feasibility study found that long-term resettlement would be highly precarious. Our assessment, based on comparative costs in other Overseas Territories, is that the initial resettlement costs would be of the order of £5 million in start-up costs and £3 million to £5 million annually thereafter. But these estimates may be overly optimistic and the costs may well be higher.

Alex Salmond (SNP, Banff and Buchan): To ask the Secretary of State for Foreign and Commonwealth Affairs whether the International Committee of the Red Cross has (a) visited Diego Garcia since 1 January 2001, (b) been asked to visit Diego Garcia and (c) requested that it might visit Diego Garcia; and if he will make a statement.

Bill Rammell: The International Committee of the Red Cross has not visited Diego Garcia at any time. It has neither requested a visit, nor been asked to make a visit.

Alex Salmond: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will commission an independent feasibility study to look at the environmental impact of the military base on Diego Garcia and the surrounding archipelago; and if he will make a statement.

Bill Rammell: The US have produced a Natural Resources Management Plan for Diego Garcia, and we published the Chagos Conservation Management Plan in October 2003. Environmental issues are regularly discussed by the UK and US Governments.

Alex Salmond: To ask the Secretary of State for Foreign and Commonwealth Affairs what the terms are of the lease of Diego Garcia to the US military with regard to (a) monetary terms and (b) contractual agreements; what mechanisms are in place to end the lease if dispute over the contract were to occur; and if he will make a statement.

Bill Rammell: There is no lease of Diego Garcia to the United States military. However, in 1966 the United Kingdom concluded an agreement with the United States on the use of the British Indian Ocean Territory. Under the initial agreement of 1966, the whole territory is to remain available for the defence needs of the two countries for an initial period of 50 years from 1966, and thereafter for a further period of 20 years unless either party has given prior notice to terminate it. An agreement concluded in 1976 regulates the establishment and functioning of a United Defence Facility in Diego Garcia and matters incidental thereto.

Alex Salmond: To ask the Secretary of State for Foreign and Commonwealth Affairs how many (a) US Naval personnel, (b) US Air Force personnel and (c) other US military personnel are stationed on Diego Garcia in a (i) permanent and (ii) temporary capacity; and if he will make a statement.

Bill Rammell: The current US military population on Diego Garcia consists of:
US Navy 827 (permanent), 25 (temporary)
US Airforce 12 (permanent), 740 (temporary)
US Army 2 (permanent), 1 (temporary)

Alex Salmond: To ask the Secretary of State for Foreign and Commonwealth Affairs whether UK judicial bodies have unrestricted access to the Diego Garcia military base; when such access last occurred; and if he will make a statement.

Bill Rammell: Under the 1976 United Kingdom/United States Exchange of Notes concerning the US Defence Facility on Diego Garcia, access to Diego Garcia is in general restricted to members of the forces of the United Kingdom and of the United States, the Commissioner and public officers in the service of the British Indian Ocean Territory, representatives of the Government of the United Kingdom and of the United States and, subject to normal immigration requirements, contractor personnel. There have been no recent requests by a United Kingdom judicial body to visit Diego Garcia.

30 June 2004

Alex Salmond: In the 1960s the islanders of Diego Garcia were cleared from their island to make way for a military base. In the year 2000 they won a High Court judgement establishing the right of return, but in the last few weeks the Prime Minister has overturned that by an order in council because America wants to hang on to the base, perhaps to use it as another Guantanamo Bay. Now how is any of this compatible with national justice to these 2000 islanders and their descendents? And how can the Prime Minister pursue a shoulder-to-shoulder relationship with George Bush when he seems to spend most of his time on his knees?”

Tony Blair (Prime Minister): First of all in respect to Diego Garcia, my right honourable friend the Foreign Secretary set out a position in a statement just recently. Secondly, there is no question of using Diego Garcia as another Guantanamo Bay. And thirdly, I’m sorry that the right honourable gentleman exhibits his usual lack of judgement in thinking it’s a bad thing for this country to be a key ally of the United States of America. That may be something the Scottish National Party resents, but I think it is something the vast majority of people in this country realise is an important party of our security.

21 June 2004

UN Convention Against Torture

Adam Price (Plaid Cymru, Carmarthen East & Dinefwr): To ask the Secretary of State for Defence what guidance he has issued to UK service personnel on whether the use of hoods on detainees constitutes inhuman treatment for the purposes of the UN Convention Against Torture.

Geoff Hoon (Secretary of State, Ministry of Defence): [holding answer 13 May 2004]: The directive issued by the Chief of Joint Operations to the Commander of British Forces in Iraq covers methods that may be used when obscuring vision, and circumstances in which these methods may be applied. Hoods will not be used when apprehending or detaining Iraqi citizens in Iraq.

Although the armed forces do not generally hood detainees, the MOD does not believe that the use of hoods on apprehended persons amounts to torture or inhuman treatment for the purposes of the UN Convention in all circumstances. There are occasions on which we believe its use to be appropriate, for example, the temporary obscuring of vision by hooding or other methods to prevent persons who have been apprehended from recognising their locations or other apprehended persons. We do not believe that the use of hoods is acceptable during questioning.

United States: Detainees

(in the House of Lords)

Lord Hylton (crossbench) asked Her Majesty's Government: Whether they will ask the United States Government how many prisoners and detainees they are holding at places outside the United States; where they are located; and what plans the United States Government have for bringing them to trial or releasing them.

Baroness Symons of Vernham Dean (Labour): The question of detainees forms part of the British Government's regular exchanges with the US Government.

British Indian Ocean Territories

Jeremy Corbyn (Lab, Islington North): To ask the Secretary of State for Defence which UK armed forces are deployed in the British Indian Ocean territories; and what use they make of the US facilities on Diego Garcia.

Adam Ingram (Minister of State, Ministry of Defence): There is a small Royal Navy, Royal Marine and Army detachment deployed on Diego Garcia within the British Forces British Indian Ocean territory. Their use of US facilities extends to accommodation, the recreation facilities and some logistic support.

Diego Garcia/Chagos Islands

Jeremy Corbyn: To ask the Secretary of State for Foreign and Commonwealth Affairs what representations have been received from the US concerning the de-population of the civilian population of Diego Garcia and the Chagos Islands that lie within the British Indian Ocean Territories.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): The US authorities have in the past made clear their concerns about the presence of a settled civilian population in the British Indian Ocean Territory. However, I have received no recent representations from them on the subject.

Sir Menzies Campbell (Lib Dem, North East Fife): To ask the Secretary of State for Foreign and Commonwealth Affairs what facilities exist on Diego Garcia for holding human beings against their will; and if he will make a statement.

Jack Straw: In exercise of powers conferred on him by the Prisons Ordinance 1981 of the British Indian Ocean Territory, the Commissioner for the Territory has declared certain specified premises in Diego Garcia to be a prison. This was done by orders made in February 1986 (which replaced an earlier order made in July 1982), July 1993 and December 2001. Under various provisions of the law of the Territory, persons may be arrested in execution of a warrant of arrest issued by a Court or a Magistrate, or in certain circumstances without such a warrant, and any person so arrested may then be detained in such a prison until he is brought before a Court or a Magistrate. Persons who are ordered by a Court or a Magistrate to be remanded in custody or committed to prison are detained in such a prison as also, of course, are persons who are sentenced by a Court to imprisonment following their conviction of a criminal offence.

Menzies Campbell: To ask the Secretary of State for Foreign and Commonwealth Affairs how many detainees, and how many shipments of detainees, have passed through Diego Garcia, or the territorial waters off it, while in transit between other destinations; whether any detainees have been disembarked at Diego Garcia, and for how long; and if he will make a statement.

Jack Straw: The United States authorities have repeatedly assured us that no detainees have at any time passed in transit through Diego Garcia or its territorial waters or have disembarked there and that the allegations to that effect are totally without foundation. The Government are satisfied that their assurances are correct.

7 June 2004

Llew Smith (Lab, Blaenau Gwent): To ask the Secretary of State for Foreign and Commonwealth Affairs what further assessment he has made since his memorandum of February 2004 to the Foreign Affairs Select Committee of whether detention and treatment of prisoners by the United States in Iraq is in line with their obligations under international law.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): The US authorities have made clear since their announcement in January of the investigation into allegations of maltreatment of detainees in Abu Ghraib, their determination to investigate such allegations and to punish those found guilty of wrongdoing. The US military is implementing an action plan to improve the treatment of detainees in Iraq. UK Ministers, the Prime Minister's Special Representative on Human Rights in Iraq (Ann Clwyd) and officials will continue to discuss with the US further measures which may need to be taken to bring all detention facilities in Iraq up to international standards.

[Extract from the memo: "The US is responsible for the people whom it is detaining. We are confident that US detention and treatment of prisoners in Iraq is in line with their obligations under international law. The International Committee of the Red Cross have visited US facilities within the terms of the relevant articles of the Geneva Conventions." (Matthew Hamlyn, February 2004) Read the full text here]

2 March 2004

Diego Garcia

Jeremy Corbyn (Lab, Islington North): To ask the Secretary of State for Foreign and Commonwealth Affairs how many of the current population of Diego Garcia are (a) US military personnel, (b) UK military personnel, (c) civilian workers and (d) detainees; and if he will make a statement.

Bill Rammell (Parliamentary Under-Secretary, Foreign and Commonwealth Office): The current population on the island of Diego Garcia consists of:
(a) approx 1,400 US military personnel
(b) approx 40 UK military personnel
(c) approx 1,800 civilian workers (mainly of Mauritian and Filipino nationality).
There are no detainees in Diego Garcia or elsewhere in the British Indian Ocean Territory.

Jeremy Corbyn: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions have been held with (a) the Chagos Refugee Association and (b) other groups on the possibility of return to Diego Garcia and the Chagos Islands of the original inhabitants and their descendants; and if he will make a statement.

Bill Rammell: We have held many discussions with representatives of the Chagos Refugees Group, and with other persons claiming to represent the views of the Chagossian community. In that context, a team of independent experts was commissioned in April 2000 to carry out a study of the feasibility of a return to the Chagos Islands. Their report on the second phase of their study was delivered in June 2002.

In the meantime, various members of the Chagossian community, including the leaders of the Chagos Refugee Group, initiated legal proceedings against the Government in the High Court, raising, among other things, issues relating to such a return. Though the High Court has given summary judgement in favour of the Government in these proceedings, the claimants have applied for leave to appeal and their application is still pending. No final decision has been taken on the future of the feasibility study.