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The Independent
22-05-2025
- Politics
- The Independent
Judge clears way for Government to sign Chagos Islands deal after injunction
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.'


The Independent
22-05-2025
- Politics
- The Independent
Court halts conclusion of Chagos Islands deal with injunction
The Government has temporarily been banned from concluding its negotiations on the Chagos Islands deal by an injunction granted in the early hours by a High Court judge. Downing Street insisted the deal is the 'right thing' but would not comment on the legal case. A hearing is expected to take place at 10.30am. In the injunction granted at 2.25am on Thursday, brought against the Foreign, Commonwealth and Development Office, Mr Justice Goose granted 'interim relief' to Bertrice Pompe, who had previously taken steps to bring legal action over the deal. 'The defendant shall take no conclusive or legally binding step to conclude its negotiations concerning the possible transfer of the British Indian Ocean Territory, also known as the Chagos Archipelago, to a foreign government or bind itself as to the particular terms of any such transfer,' Mr Justice Goose said in his order. It requires the Government to 'maintain the jurisdiction of the United Kingdom over the British Indian Ocean Territory until further order'. According to the order, the judge granted the injunction 'upon consideration of the claimant's application for interim relief made out of court hours' and 'upon reading the defendants' response'. Prime Minister Sir Keir Starmer had been expected to attend a virtual ceremony alongside representatives from the Mauritian government on Thursday morning to sign off on the deal. Britain would give up sovereignty of the island territory to Mauritius under the deal, and lease back a crucial military base on the archipelago for 99 years. A Government spokesperson said: 'We do not comment on ongoing legal cases. 'This deal is the right thing to protect the British people and our national security.'


The Guardian
22-05-2025
- Politics
- The Guardian
High court judge blocks UK from concluding Chagos Islands deal
A high court judge has blocked the UK government from concluding its deal to hand over the Chagos Islands with an injunction granted in the early hours of Thursday. The agreement to hand sovereignty over the Chagos islands to Mauritius was due to be given the green light by ministers on Thursday. Downing Street lifted its objection to announcing the deal over the prospect of a political backlash, according to reports, with the prime minister due to attend a virtual event with the Mauritian government. But in the injunction granted at 2.25am on Thursday, brought against the Foreign Office, Mr Justice Goose granted 'interim relief' to Bertrice Pompe. Pompe, who was born on Diego Garcia, the largest island in the Chagos archipelago, has taken legal action against the agreement. Goose said in his order: 'The defendant shall take no conclusive or legally binding step to conclude its negotiations concerning the possible transfer of the British Indian Ocean Territory, also known as the Chagos Archipelago, to a foreign government or bind itself as to the particular terms of any such transfer.' A hearing is expected to take place on Thursday morning at 10:30am. Under the agreement, Britain will cede control over the islands to Mauritius but lease Diego Garcia for 99 years to continue operating a joint US-UK military base there. Ministers have refused to disclose the cost of the lease but it is has been reported to be about £90m a year. A government spokesperson said: 'We do not comment on ongoing legal cases. This deal is the right thing to protect the British people and our national security.' More details soon …


Telegraph
22-05-2025
- Politics
- Telegraph
High Court judge blocks Chagos deal
A High Court judge has temporarily blocked Sir Keir Starmer from handing the Chagos Islands to Mauritius. The Prime Minister was set to attend a 'virtual signing ceremony' with representatives from the Mauritian government to confirm the controversial handover deal. But a dramatic court ruling just before 2.30am on Thursday has now barred the Government from proceeding with the deal pending a further hearing later in the day. The legal challenge was brought by Bertrice Pompe, who was born on Diego Garcia and objected to the plan to lease back the US-UK military base at the expense of British taxpayers. The ruling issued by Mr Justice Goose and seen by The Telegraph said: 'Pending the final determination of the claim or until further Order, it is Ordered that a stay of action by the Defendant is imposed that: 'a. The Defendant shall take no conclusive or legally binding step to conclude its negotiations concerning the possible transfer of the British Indian Ocean Territory (also known as the Chagos Archipelago) to a foreign government or bind itself as to the particular terms of any such transfer. 'b. The Defendant shall, in particular, not dispose of the territory in whole or in part. The Defendant is to maintain the jurisdiction of the United Kingdom over the British Indian Ocean Territory until further Order.' In his ruling, Mr Justice Goose said the matter will now return to the High Court at 10.30am on Thursday with the attendance of both Ms Pompe and the Foreign Office. Government sources said they did not comment on ongoing legal cases. They claimed the Chagos deal was 'the right thing to protect British people and our national security'.