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by Munro Research

British Indian Ocean Territory (Sovereignty and Constitutional Arrangements) Bill


Official Summary

A Bill to make provision about sovereignty and constitutional arrangements in respect of the British Indian Ocean Territory, also known as the Chagos Archipelago; to prohibit the making of payments of public funds to the government of another country in connection with the sovereignty or constitutional arrangements of the British Indian Ocean Territory, unless authorised by Parliament; to require the Secretary of State to consult and engage with British Chagossians in relation to any proposed changes to the sovereignty and constitutional arrangements of the British Indian Ocean Territory; and for connected purposes.

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Overview

This Bill aims to reaffirm British sovereignty over the British Indian Ocean Territory (BIOT), also known as the Chagos Archipelago, including Diego Garcia. It seeks to prevent any changes to BIOT's sovereignty or constitutional arrangements without explicit parliamentary approval, requires consultation with British Chagossians on any proposed changes, and prohibits government payments to other countries related to BIOT's status unless authorized by Parliament.

Description

The Bill formally recognizes and reaffirms British sovereignty over the BIOT. It mandates that any treaty altering BIOT's sovereignty or constitutional arrangements requires prior parliamentary authorization. Negotiations with foreign governments concerning BIOT's status also necessitate parliamentary approval via resolutions from both Houses. Furthermore, any international agreement or court ruling attempting to change BIOT's sovereignty will be disregarded by UK courts unless authorized by Parliament. The Bill prohibits payments from public funds to foreign governments on matters related to BIOT's status without explicit parliamentary consent, requiring detailed specifications of any authorized payments. Finally, the Secretary of State is obligated to consult and engage with British Chagossians regarding proposed changes to BIOT's status, with the consultation process to be defined by regulations approved by both Houses of Parliament.

Government Spending

The Bill doesn't directly allocate funds but significantly restricts government spending related to BIOT's sovereignty. Any payments to foreign governments concerning BIOT will require parliamentary approval and detailed financial specifications, effectively controlling potential expenditure in this area.

Groups Affected

  • British Chagossians: The Bill mandates consultation and engagement with them regarding any proposed changes to BIOT’s status, potentially impacting their future involvement in decisions about their homeland.
  • UK Government: The Bill significantly restricts the government’s ability to make decisions or payments concerning BIOT’s sovereignty without explicit parliamentary approval. This could impact foreign policy and diplomatic relations.
  • International Courts and Tribunals: Their judgments concerning BIOT’s sovereignty will be disregarded by UK courts unless authorized by Parliament.
  • Foreign Governments: Their ability to negotiate or receive payments concerning BIOT's status is limited, requiring parliamentary authorization for any engagement.
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