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Chagosappeal - epetition reply

29 November 2007

We received a petition asking:

"We the undersigned petition the Prime Minister to drop the appeal against the Chagos islanders' right to go home."

Details of Petition:

"The Foreign and Commonwealth Office has appealed to the Law Lords against May's Appeal Court decision, which upheld the quashing of orders banning the Chagos islanders from going home. With more than £2 million already spent on legal action against the exiled islanders, taking this appeal forward would mean an even bigger waste of public funds - especially as the Lords have said the FCO will have to bear all the costs whether it wins or loses. The FCO has until Tuesday 6 November to decide what to do. Instead of delaying justice yet again, throwing away more money and revealing his talk of justice and freedom to be hollow, the Prime Minister should take this chance to step in and stop this ridiculous appeal."

Read the Government's response

Thank you for your E Petition to Number 10 requesting we drop the appeal against the Chagos Islanders' right to return home.

The former Foreign Secretary, Margaret Beckett lodged a petition with the House of Lords on 25 June to seek permission to appeal against the judgment given against her in the judicial review of the 2004 BIOT Orders in Council by the Court of Appeal.

Mrs Beckett decided to seek permission to appeal because our treaty obligations to the United States require the Territory be kept "for the defence needs" of both governments and our 2002 feasibility study came down heavily against the feasibility of resettlement.

The Court Of Appeal's judgment also raised issues of constitutional law of general public importance that, in her view, would adversely affect the effective governance of all British Overseas Territories. This would include confusion in the legal system applied in those Overseas Territories, and potential conflicts between local and English courts. For these reasons, the former Foreign Secretary thought it to be in the public interest that the effect of the Court of Appeal's judgment, even if correct, should be clarified.

Permission to appeal was granted by the House of Lords on condition that the Chagossians' costs were met by the Foreign and Commonwealth Office. Given the public interest the Foreign Secretary, David Miliband has accepted this condition. The Government expect the case to be heard by the House of Lords in 2008.

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