Keir Starmer’s biggest argument for handing over the Chagos Islands to Mauritius appears to have been “blown out of the water” by one of his own ministers.
Over the weekend government security officials briefed Bloomberg that the UK had no option but to give up sovereignty on the islands which house the crucial Diego Garcia UK/US airbase because they were in danger of losing control of the satellite communications system.
According to the official sources the International Telecommunication Union (ITU) which controls the network of satellite communications could sever the links “if an international court was to rule in future that the US and UK were using Diego Garcia to run satellite communications in breach of international law.”
However, a written response to Tory shadow armed forces minister Mark Francois from communications minister Sir Christopher Bryant appears to have dismissed this concern altogether.
Sir Christopher said: “Individual countries have the sovereign right to manage and use the radio spectrum, within their borders, the way they wish, subject to not causing interference with other countries.
“This right is recognised in the Radio Regulations. The Radio Regulations are the international framework for the use of spectrum by radiocommunication services, defined and managed by the International Telecommunications Union (ITU). Individual countries, not the ITU, make their own sovereign spectrum assignments in accordance with the Radio Regulations. The ITU has no legal authority over these assignments regardless of the country’s civilian or military classification of spectrum.
The ITU cannot challenge the UK’s use of civilian or military spectrum. It is possible that one country could challenge another’s spectrum use, for instance if it should cause harmful interference across borders, and if unresolved bilaterally could seek arbitration through an ITU body (Radio Regulations Board).”
Already the International Court of Justice (ICJ) has ruled in favour of Mauritius’ claim to the island, but the status of the ruling was only advisory and not binding.
Sir Keir has told MPs that the need to secure the legal status of the base is a matter of national security and the deal would guarantee a lease on the base for 99 years at a reported cost of up to £18 billion to the taxpayer.
Last week he told Tory leader Kemi Badenoch in PMQS that if she had seen the same briefing as him she would support the deal.
But Mr Francois said that his claims have now been “blown out of the water.”
He said: “This candid answer, from the Telecommunications Minister, Sir Chris Bryant, blows the government’s latest rationale for their benighted Chagos deal clean out of the water.
“If the ITU cannot actually dictate to the UK (or the US) over the use of military spectrum, how can the Government’s claim that this is about protecting military and satellite communications possibly stand? It’s utter nonsense.”
It is understood that the deal is opposed by Donald Trump’s new US administration although it had received support from Joe Biden.
Concerns over potential interference from China as well as limitations on taking nuclear weapons to the secretive base which is crucial for defence in the Indian Ocean mean that Trump is understood to want to veto the deal.
Foreign secretary David Lammy is due to discuss the issue with US secretary of state Marco Rubio at the Munich conference this weekend.