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A dramatic intervention last night by a senior judge threatens to throw Keir Starmer’s controversial plans to sign away the Chagos Islands to Mauritius today in chaos.
The plan is to sign the deal today which will give Mauritius sovereignty over the islands. It would follow months of wrangling amid concerns over the future of the UK/ US military base on Diego Garcia.
But a late legal challenge from a Chagossian saw High Court judge Sir Julian Goose put a pause on the treaty being signed at 3am this morning following hours of legal wrangling.
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Bertrice Pompe, who initiated the emergency legal challenge, argued that the treaty would cause irreparable harm and violate fundamental legal and human rights principles.
She is a Chagossian, born on Diego Garcia and expelled at six months old. She grew up in the Seychelles and now lives in London. A British national, Ms Pompe—like thousands of Chagossians from the Seychelles and elsewhere—claims that she stands to gain nothing from the deal with Mauritius unless she applies for Mauritian citizenship.
A fresh hearing is set to take place a 10.30am this morning following the five hour marathon session last night.
But it is believed that this may be the first time in legal history that a judge has put a pause on a treaty being signed.
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The UK government has argued that a ruling by the International Court of Justice (ICJ) that the islands belong to Mauritius meant that it had no alternative but to negotiate a deal for the islands.
The agreement, which has still not been published, involves the UK leasing back the Diego Garcia base for at least 99 years for billions. The main block to signing was removed when Donald Trump gave the deal his blessing.
But critics believe it will undermine western security infrastructure in the Indian Ocean and could lead to Chinese interference in the islands.
However, the challenge has focussed on the grievances of the Chagossians who were expelled from Diego Garcia. The UK government has negotiated a right to return to the outer islands but islanders believe that their rights will not be protected.
Ms Pompe, the claimant, was represented by Philip Rule KC, leading Michael Polak, and instructed by Stuart Luke of Luke and Bridger Law. The Government was represented by William Irwin and John Bethell.
Mr Rule KC said that there had been a delay in issuing a wider legal challenge blocking the government signing the deal due to “problems with legal aid”, caused by the cyber attack on the Legal Aid Agency earlier this month.
Mr Rule, who addressed the court via videolink from New York, said: “While it is unfortunate and it in some way contributed to a late night and early morning… essentially, it is important that we act now without waiting for the funding final position to have been resolved.”
He told the court that the Foreign Office had been asked for 48 hours’ notice “of when it may come to a position such that we now find ourselves in”, but that no such notice was received.
He continued: “There was a leak to the newspapers that came to our attention on Tuesday evening.”
He added: “Without that journalistic revelation, we would not be where we are because the defendant would have it entirely to itself.”
Mr Rule admitted that the situation was “not ideal” but that there had been “ongoing attempts to be in a position to issue the claim” earlier.
The High Court also heard this morning that the Chagos Islands deal is “time-critical” but can still be completed on Thursday.
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 Foreign Office, whether “the agreement can still be concluded if it is concluded today”.
Sir James confirmed that that was the case.
The challenge has been brought by the Great British PAC, set up to bring legal challenges to the Starmer government.
Robert Jenrick said the Chagos deal is a “bad deal” after the court injunction.
The shadow justice secretary told Sky News: “It’s a sell-out for British interests.
“You’re seeing British sovereign territory being given away to an ally of China, and billions of pounds of British taxpayers’ money being spent for the privilege.
“Keir Starmer did it because of his view of international law, where he wanted to put a non-binding judgment by a foreign court above the interests, the core security interests of the British people.
“And so if this group can force the Government to think twice, then all power to them.”
The government said the Chagos Islands deal is the “right thing” for the UK after a court injunction temporarily blocked the agreement from being concluded.
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.”
