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A Nigel Farage-inspired bid to persuade Donald Trump to veto Sir Keir Starmer’s controversial Chagos Islands deal can be revealed today.
The Independent has seen legal advice on Sir Keir’s controversial deal to hand over the Chagos Islands to Mauritius sent to Mr Trump that was requested after the Reform UK leader raised the issue directly with the former president’s team.
The advice was drawn up by legal experts who worked alongside Mr Farage in the Brexit campaign.
Mr Farage says he was not directly involved in the legal advice but his links with Mr Trump are believed to have played a vital part in the initiative.
The aim of Mr Farage and his allies is to persuade Mr Trump to block the deal if he becomes president again.
While it is claimed the advice was “put into the former president’s hands” the Trump campaign has not confirmed he has seen the document.
It was drawn up by an official working for the Tory Brexiteer European Research Group aided by pro-Brexit lawyer Martin Howe KC.
The revelation comes after Mr Trump accused Labour of “election interference” for sending activists to support Kamala Harris’s presidential campaign.
Allies of Mr Farage – who has denounced the Chagos deal as a sell-out – are hoping Mr Trump will back their calls to block it.
The legal advice from the barrister questions foreign secretary David Lammy’s assertion that the UK had no choice but to agree to hand over the islands to Mauritius and warns that it could have implications for US-held territories like Guam.
Sir Keir’s government signed off on the deal after less than three months in office after former Tory foreign secretary James Cleverly started the talks in 2022 before they were shelved by his successor Lord Cameron.
And the current US administration has expressed support for the agreement.
President Joe Biden said the agreement would guarantee continued use of a joint British-American airbase in Diego Garcia “into the next century”, citing the facility’s “vital role in national, regional, and global security”.
But fears have been raised that the islands, which command a crucial strategic location in the Indian Ocean, may now be subject to influence from the Chinese government, which may want to build its own bases there.
The UK and US airbase has been used for clandestine operations, and while the UK owned the islands, it is understood that the US’s interest in the base meant they had a potential veto over any transfer of sovereignty.
Earlier this month, Mr Lammy claimed he had no choice in international law but to hand over the islands to Mauritius. However, this is disputed in the legal note put together for Mr Trump.
The note claims that a decision by the International Court of Justice (ICJ) to support Mauritius’ claim to the Chagos Islands is only “advisory”.
The advice also draws into question the 99-year deal.
“The proposed deal, involving a ‘lease back’ of one of the islands for 99 years, is less secure than sovereignty. Mauritius could change its constitution, re-litigate the matter in the ICJ to improve its terms and leave the UK/USA in a weak position in danger of continual shakedowns. Importantly the lease does not contain all of the surrounding Chagos islands, which could, unprotected by British sovereignty, be vulnerable to Chinese pressure to install listening posts.”
The talks started after Mauritius won an international court ruling that it should have sovereignty of the islands.
A source close to Mr Lammy said no approach had been made to the British Embassy in Washington by the Trump team on the issue and claimed that the issue is being pushed by political allies of Mr Trump in the UK “who do not agree with the deal”. They also question whether Mr Trump could veto a deal which involved “British not US sovereign territory”.
The Independent has approached Mr Trump’s representatives for comment.
The White House did not respond to a query from The Independent on whether there is any concern about Mr Trump reversing the deal if he wins.
