In an article for the Mauritius Times (No. 3124), David Snoxell, coordinator of the Chagos Islands (BIOT) All-Party Parliamentary Group, reviews the outcome of the judicial review of the Chagos Marine Protected Area (MPA) and the way in which the then Foreign Secretary, David Miliband, rushed through the declaration of a no-take MPA against official advice:
The documents released for the judicial review provide fascinating insights into the advice being submitted to the Foreign Secretary, leading up to the announcement of the MPA on 1 April 2010. Officials cautioned that the results of the public consultation should be announced but not rushed, pending careful “management” of the Chagossians and Mauritius. “There was further work to do with stakeholders before establishing an MPA.” Officials warned that “Our best defence against the legal challenges which are likely to be forthcoming is to demonstrate a conscientious and careful decision making process. A rapid decision now would undermine that… We would expect to recommend a phased introduction of a no-take MPA which would give time to put a sustainable funding package in place.”
Within hours David Miliband brushed aside official advice and decided on an immediate designation of a full ‘no-take’ MPA. On 31 March senior officials made last ditch attempts to head the Foreign Secretary off. One noted, “I think this approach risks deciding (and being seen to decide) policy on the hoof for political timetabling reasons rather than on the basis of expert advice and public consultation. That’s a very different approach to the one we recommended yesterday… to be developed over time with the involvement of many stakeholders and to be based on science as well as politics.” That evening officials were instructed to prepare a statement announcing the MPA the following day just as Parliament went into the Easter recess. It sparked emergency debates in both Houses five days later.
The judgment observes that “it was the personal decision of the Foreign Secretary to declare an MPA on 1 April 2010, against the advice of officials.” So his green legacy was secured but at much cost in terms of worldwide perceptions of the MPA, the UK’s reputation, the deepening mistrust, felt by the Chagossians and Mauritius, and the litigation which three years later is still with us.
Further discussions, as officials recommended, could have resulted in an MPA that accommodated Chagossian and Mauritian interests. The Coalition Government would probably have insisted on it anyway.