Every parliamentary written question tabled by Mark Francois this session, with the full answer and department. Back to the MP page.
Showing 61–80 of 93 · Foreign, Commonwealth and Development Office
Commonwealth and Development Affairs, whether (a) Philippe Sands and (b) Dapo Akande have provided external legal advice to his Department since 4 July 2024.
It is not normal practice to comment on the provision of external legal advice. However, in this case we can confirm that neither Philippe Sands KC nor Professor Dapo Akande have provided external legal advice to the FCDO since 4 July 2024.
Commonwealth and Development Affairs, for what reason the Chagos Islands agreement was not finalised in early March 2025.
I refer the Hon. Member to the response given to his previous Question 41388, which remains the same.
Commonwealth and Development Affairs, whether the Government plans to (a) expedite and (b) delay the ratification of the Chagos sovereignty transfer to Mauritius.
Both sides remain committed to concluding a deal on the future of the Chagos Archipelago which protects the long-term effective operation of the joint UK-US base on Diego Garcia. Once an agreement is reached and the Treaty is signed, the Treaty will be put before both Houses for scrutiny under the Constitutional Reform and Governance (CRaG) process in the usual way.
Commonwealth and Development Affairs, what his Department's latest estimate is of the cost to the public purse of the proposed agreement to transfer sovereignty of the Chagos Islands to Mauritius, including (a) annual payments to Mauritius, (b) total projected expenditure over the 99-year lease period and (c) any upfront costs.
Once an agreement is signed further details of the Treaty will be put before both Houses for scrutiny and treaty ratification in the usual way. This will include costs.
Commonwealth and Development Affairs, pursuant to the Answer of25 February 2025 to Question 28896, whether his Department has now received and processed all outstanding invoices for external legal costs relating to (a) sovereignty matters and (b) migration issues on the Chagos Islands since 5 July 2024; and if he will publish a full breakdown of the total costs incurred.
Due to the ongoing issues highlighted in the answer to his previous Parliamentary Question (28896), the Foreign, Commonwealth and Development Office is still to receive a number of invoices for these costs, and it is not possible to provide an accurate figure at this time.
Commonwealth and Development Affairs, with reference to the Minister for Development's oral contribution of 25 February 2025, Official Report, column 873, which international courts and tribunals could issue a legally binding judgment on UK sovereignty over the British Indian Ocean Territory.
There are numerous avenues through which Mauritius could pursue a legally binding judgment, including relevant provisions of the UN Convention on the Law of the Sea or under dispute provisions of treaties to which both states are parties. Such cases could be brought rapidly and include seeking provisional measures, themselves legally binding, which could be introduced within weeks. This would have had serious implications for base operations. The status quo was not sustainable and ignoring these issues was not a responsible approach for a government serious about protecting the UK's national security.
Commonwealth and Development Affairs, what steps his Department is taking to protect British journalists who have been arbitrarily detained abroad.
The Government takes allegations concerning the arbitrary detention of British nationals - including journalists - very seriously. We examine the circumstances of each case individually and develop tailored strategies based on careful judgements on what is likely to be most effective. Where appropriate, we seek to raise concerns with the local authorities and press for specific violations to be remedied or investigated. We expect all States to comply with their human right obligations. The Government is committed to strengthening consular services, including introducing a right to consular assistance in cases of human rights violations. The Foreign, Commonwealth and Development Office is considering a package of measures to achieve this, which we will announce in due course.
Commonwealth and Development Affairs, if he will take steps to bring forward legislative proposals to provide a legal right to consular assistance to all British nationals facing arbitrary detention overseas.
The Government takes allegations concerning the arbitrary detention of British nationals - including journalists - very seriously. We examine the circumstances of each case individually and develop tailored strategies based on careful judgements on what is likely to be most effective. Where appropriate, we seek to raise concerns with the local authorities and press for specific violations to be remedied or investigated. We expect all States to comply with their human right obligations. The Government is committed to strengthening consular services, including introducing a right to consular assistance in cases of human rights violations. The Foreign, Commonwealth and Development Office is considering a package of measures to achieve this, which we will announce in due course.
Commonwealth and Development Affairs, what steps his Department is taking to provide consular assistance for British nationals who are arbitrarily detained abroad.
The Government takes allegations concerning the arbitrary detention of British nationals - including journalists - very seriously. We examine the circumstances of each case individually and develop tailored strategies based on careful judgements on what is likely to be most effective. Where appropriate, we seek to raise concerns with the local authorities and press for specific violations to be remedied or investigated. We expect all States to comply with their human right obligations. The Government is committed to strengthening consular services, including introducing a right to consular assistance in cases of human rights violations. The Foreign, Commonwealth and Development Office is considering a package of measures to achieve this, which we will announce in due course.
Commonwealth and Development Affairs, how many and what proportion of all people (a) intercepted and (b) detained in the British Indian Ocean Territory were (i) questioned and (ii) charged on espionage-related offences in the last five years.
We do not comment on espionage-related activity. No migrants have arrived on BIOT since 2022.
Commonwealth and Development Affairs, whether the Government of Mauritius will assume responsibility for asylum seekers arriving in the Chagos Islands once the agreement has been ratified by Parliament.
Once the UK's agreement with Mauritius concerning the Chagos archipelago comes into force, Mauritius will take responsibility for any migrants who may arrive on the islands in the future. The deal will close a dangerous, illegal migration route. Up until the deal is in force, St Helena will accept any migrants arriving in the Chagos islands pursuant to an arrangement we made with them in October 2024.
Commonwealth and Development Affairs, whether he has made an assessment of the potential impact of the UK’s declaration on Article 298 of the United Nations Convention on the Law of the Sea (UNCLOS) on the jurisdiction of (a) the International Tribunal for the Law of the Sea and (b) an arbitral tribunal under Annex VII of UNCLOS on UK (i) military and (ii) law enforcement activities.
By Declaration dated 12 January 1998, the UK chose the International Court of Justice for the settlement of disputes concerning the interpretation or application of UNCLOS. By Declaration dated 7 April 2003 the UK exercised the right to exclude from compulsory dispute settlement procedures in UNCLOS "disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service and disputes concerning law enforcement activities in regard to the exercise of sovereign rights and jurisdiction excluded from the jurisdiction of a court or tribunal under article 297 paragraph 2 or 3". Paragraphs 2 and 3 of Article 297 address disputes related to marine scientific research and fisheries respectively.While these exclusions remain in place, they do not prevent all possible legal challenges. It is worth noting that in the event that parties to a dispute concerning the interpretation or application of UNCLOS have chosen different procedures for the settlement of disputes, the dispute must be submitted to an arbitral tribunal unless the parties otherwise agree. Such rulings are binding on the parties.
Commonwealth and Development Affairs, what plans he has to bring forward legislative proposals to revoke the status of the British Indian Ocean Territories as British Overseas Territories.
The political agreement, reached between the UK and Mauritius in October 2024, will need to be underpinned by a Treaty which, once signed, will be made public and put before both Houses for scrutiny consistent with the obligations under the Constitutional Reform and Governance Act. Following signature, the Government intends to bring forward a Bill to make the necessary amendments to current legislation to implement the Treaty.
Commonwealth and Development Affairs, if he will list all (a) discussions and (b) advice received by his Department from the International Telecommunication Union in relation to the UK's access to the electromagnetic spectrum around Diego Garcia.
Ofcom remains responsible for the management of the electromagnetic spectrum in the UK. FCDO and Ofcom officials have regular discussions about a range of issues including BIOT. UKMIS Geneva regularly engages with ITU on a range of matters on behalf of HMG.
Commonwealth and Development Affairs, what (a) discussions he has had with his counterpart in the US and (b) legal advice he has received on the electromagnetic spectrum over Diego Garcia.
The Foreign Secretary and US Secretary of State had a phone call on 27 January where they discussed a range of shared UK/US priorities, including the long-term protection of the base on Diego Garcia. The Government, as anyone else, is entitled to receive legal advice in confidence that will not be made public.
Commonwealth and Development Affairs, what assessment he has made of the potential impact of (a) the International Telecommunication Union and (b) other UN agencies ceasing to recognise UK sovereignty over British Indian Ocean Territory on (i) Gibraltar and (ii) other UK Overseas Territories.
It is the Government's view that without a negotiated solution on the sovereignty of the British Indian Ocean Territory (BIOT), Mauritius would inevitably have pursued a campaign to obtain a legally binding judgment against the UK. We could expect a binding judgment that the UK was not sovereign over the British Indian Ocean Territory, to be applied by international organisations, including UN Specialised Agencies such as the International Telecommunication Union. This would have real-world impacts on the protection and security of the base including our ability to operate the electromagnetic spectrum undisturbed. Regarding impact on other Overseas Territories, BIOT is a unique case. No impact would be expected on other Overseas Territories as the situations are not comparable.
Commonwealth and Development Affairs, whether his Department has engaged legal counsel from Matrix Chambers on the UK’s sovereignty over the Chagos Islands.
The Department has not engaged legal counsel from Matrix Chambers on the Chagos sovereignty question.
Commonwealth and Development Affairs, whether he has withdrawn the veto on the compulsory jurisdiction of the International Court of Justice on disputes with countries that (a) are and (b) have been Commonwealth members.
The position around the International Court of Justice compulsory jurisdiction remains as per the UK's deceleration of 22 February 2017.
Commonwealth and Development Affairs, how much his Department has incurred in legal costs on the Chagos Islands since 5 July 2024.
It is not possible to provide a single figure for the amount the Foreign, Commonwealth and Development Office (FCDO) has incurred in legal costs on the Chagos Islands since 5 July 2024. Legal costs would include the costs of FCDO lawyers, who are paid salaries and do not charge by workstream. However, the FCDO has incurred £28,367.35 in external legal costs in relation to matters concerning the sovereignty of the Chagos Islands since 5 July 2024, including in respect of defending relevant litigation. There may be additional costs for January that have not yet been invoiced. The FCDO has also incurred external legal costs in respect of migration issues on Diego Garcia. As the FCDO is still to receive a number of invoices for these costs, it is not possible to provide an accurate figure at this time.
Commonwealth and Development Affairs, pursuant to the Answer of 3 February to Question 25990 on Cabinet Office: British Indian Ocean Territory, if the will make it his policy to publish costs of the Prime Minister's Envoy before the conclusion of the agreement.
The publication of the costs of the Prime Minister's Envoy are part of wider policy on Ministerial Appointments and the decision is not contingent on the conclusion of the agreement. The timing of the decision will not therefore be linked to that of the agreement.