Sir Keir Starmer‘s Chagos Islands deal faces a legal challenge to stop the archipelago being handed to Mauritius. Campaign group, Save the Chagos, issued a pre-action legal letter against the Foreign, Commonwealth and Development Office (FCDO) on Monday (March 10).
The group backed by Conservative peers is seeking a judicial review which if successful would overturn the decision to cede the British Indian Ocean Territory. Former Cabinet minister, Lord Lilley, Boris Johnson’s former special adviser, Lord Kempsell, and the historian, Lord Roberts of Belgravia, claim the Labour Government is acting unlawfully in handing the islands over. The peers argue ministers don’t possess the prerogative power to cede the territory to a foreign power, according to the Telegraph, which first reported on the legal letter.
Legislation to support the deal is also based on an “erroneous” understanding of international law and the spending of some £8.9billion is unlawful, according to the group, cited by the same publication.
Lord Kempsell said the loss of British sovereign territory and the “complete erasure” of the Chagossians from the debate about the islands requires “action, not words”.
He added: “That is why I am launching this judicial review working jointly with many others who are outraged by this scandal.”
The Government plans to hand the Chagos Islands to Mauritius and pay to lease back a UK-US joint military base on Diego Garcia.
Britain has argued the proposed deal is the best way to address uncertainty over the legal status of the base after international rulings in favour of Mauritian sovereignty over the islands.
Save the Chagos members argue in their pre-action letter that it is not possible for the Crown to try and undermine the sovereignty of Parliament by ceding territory “subject to Parliament’s legislative sovereignty” without Parliament’s assent.
Foreign Secretary David Lammy said in February that the Chagos Islands deal won’t go ahead without the backing of US President Donald Trump. Mr Trump has said he is “inclined to go along with” the Prime Minister’s deal.
Mr Lammy has insisted he believes the agreement to cede the British Indian Ocean Territory to Mauritius is the “best deal” which could be struck.
Under the plan, the UK is expected to lease Diego Garcia for 99 years, with an option for a 40-year extension.
The FCDO has been approached for comment.