A judge has cleared the way for the Government to sign its deal over the Chagos Islands after discharging a High Court injunction which blocked the end of negotiations.
The deal, which would see Britain give up sovereignty of the island territory to Mauritius and lease back a crucial military base there, was due to be signed on Thursday morning but was temporarily blocked by an injunction hours before.
Mr Justice Goose granted an injunction at 2.25am against the Foreign, Commonwealth and Development Office (FCDO) for “interim relief” to Bertrice Pompe, one of two British women born on the Chagos Islands who is set to bring legal action against the Government over the deal.
After an urgent hearing on Thursday, Mr Justice Chamberlain said the injunction should be discharged.
He said: “I have concluded that the stay granted by Mr Justice Goose should be discharged and there should be no further interim relief.”
He later said: “The public interest and the interests of the United Kingdom would be substantially prejudiced by the grant or continuance of interim relief, and these matters provide a strong public interest reason against the continuance of interim relief.”
The court in London was told by the FCDO’s director general for Africa, the Americas and Overseas Territories that the delay had “caused harm to the UK’s reputation”.
In a witness statement, Harriet Mathews said: “Reneging on the agreed signature timeline threatens hard-won defence and security conditions that are core to the operational effectiveness of the base.”
Philip Rule KC, for Ms Pompe, asked Mr Justice Chamberlain whether he would stay the effect of his ruling to allow for any application to the Court of Appeal.
The judge refused this request, adding: “The order is discharged from this point onwards. If you want to seek any further relief you will have to go to the Court of Appeal.”
Speaking outside of the Royal Courts of Justice in London after the decision, Ms Pompe said it was “a very, very sad day, but we take courage with the people we have behind us”.
She continued: “We have rights. We are British citizens, yet our right doesn’t count. We don’t want to give our rights to Mauritius, we are not Mauritians.”
She added: “I think the British justice, they take care of who they want, when they want. They have not been able to rectify the wrongs they have done to us for 60 years.
“They still want to give deaf ears to our cries, and we are not giving up.”
The Government welcomed the ruling, saying the agreement is “vital to protect the British people and our national security”.
The Prime Minister had been due to attend a virtual ceremony alongside representatives from the Mauritian government on Thursday morning to sign off on the deal, according to the Telegraph newspaper, which first reported the story.
Under the terms of the deal, Britain is expected to give up sovereignty of the island territory to Mauritius, and lease back a crucial military base on the archipelago for 99 years.
Following the signing ceremony, MPs will be updated on the terms of the deal in the House of Commons, which could include a 40-year extension to the lease of the military base, the Telegraph said.
Critics of proposals to hand over the islands to Mauritius fear the move will benefit China, which has a growing reach in the region.
Conservative Party leader Kemi Badenoch said the Chagos Islands deal was an example of “Labour chaos”.
Asked if she welcomed a Chagos deal being signed today, Ms Badenoch told Sky News: “No, no I don’t. This is yet another example of Labour chaos. They cannot negotiate. Whenever they negotiate, Britain loses.
“We should not be paying to surrender British territory to Mauritius.
“The fact that Labour’s negotiating something that sees the British taxpayer in hoc for potential billions is completely wrong.”
Commons Leader Lucy Powell said Defence Secretary John Healey is expected to make a Commons statement on Thursday about the “future of the Diego Garcia military base”.
Ms Powell said the statement would take place “probably at the end of business”, which would suggest a 5pm start time.
A deal was initially announced last year, but a change of administration in Mauritius and the return of Donald Trump to the White House had previously put an agreement in doubt.
The Government has previously argued that it has to give up sovereignty over the territory thanks to international legal rulings in favour of Mauritius.
Earlier reports have suggested the deal could cost £90 million a year to secure the use of Diego Garcia, the largest of the Chagos Islands and the home of the military base, with payments front-loaded to win the support of the Mauritian government.
During the hearing Mr Justice Chamberlain, summarising a document given to the court by the Government, said: “The agreement can be concluded today and it does not necessarily have to be at 9am.”
He then asked Sir James Eadie KC, for the FCDO, whether “the agreement can still be concluded if it is concluded today”.
Sir James confirmed that was the case.
He later said: “My instructions from Number 10 are that we need a decision by 1pm today if we are to sign today, and everybody is standing by.”
