(11 years, 9 months ago)
Commons ChamberFor a few moments before that tragic statement, I was commending my hon. Friend the Member for Stroud for bringing in the Bill, for the manner in which he did so, and for the importance of the legislation. I also pay tribute to the hon. Member for Cambridge (Dr Huppert). As a scientist—if not the only one in the House—and as the Member for Cambridge he has put up a strong case, as has my hon. Friend the Member for Romford, for the continuation of the organisation that has carried forward the remarkable historical, geological and scientific achievements in Antarctica. It provides a framework for present and future scientific exploration and reflects the past.
I was fascinated to read an article—I think it was in yesterday’s Evening Standard—by the famous art critic, Brian Sewell, whom I find extremely engaging. He is one of our foremost art critics, and he described the photographs that were taken on the Antarctic expeditions as being of such immense quality that he ranked them alongside some of the greatest works of art. That is an astonishing statement when we consider that he was talking about photographs, rather than sketches, water colours or other paintings.
Those photographs are mainly held in the archives in Cambridge. I have had reason to look into those archives, and anything that can be done to maintain that institution is vital. I was also delighted to hear from other speakers that steps had been taken, notwithstanding the urgings of the hon. Member for Cambridge, to ensure that the collection remains intact and that the organisation should actively continue to perform the work that I am about to describe, which originated in the expedition of 1901-04.
The Bill has been explained by my hon. Friend the Member for Stroud in sufficient detail, but I would like to elaborate on one or two points. What is being proposed strongly reflects the heritage of the United Kingdom, as well as its endeavours, adventures and sense of commitment and exploration, and this Second Reading debate is an appropriate occasion on which to call attention to the heroism not only of Captain Scott, who so tragically died in the second expedition, but of the accumulated courage and endeavours of those who went on the first and second expeditions. It must have been astonishing, in 1901, for those pathfinders to go into those extremely hazardous conditions. They had a sense of adventure that the likes of Ranulph Fiennes perpetuate today. We owe those people an enormous debt.
Many people will have seen the film “Scott of the Antarctic”. Others might also have been to the exhibition about the Antarctic that was held in the annexe of Buckingham Palace. I am not sure whether it is still on, but if it is, I strongly recommend that people go and see it, because the photographs that I was just describing are displayed in it. The book that accompanied the exhibition is also fascinating; I think that His Royal Highness Prince Philip wrote the foreword to it. It is important to remember that those who went on the expeditions were not just a few people who wandered off to have an interesting time. We should always recall their sheer courage and the intrepid nature of their characters, as well as the hardship that they endured.
I want to refer to certain aspects of the Bill, before I go on to talk about the history of the expeditions. Clause 15 deals with historic sites and monuments. Under section 10 of the Antarctic Act 1994, it is an offence to
“damage, destroy or remove any part of a site or monument”.
However, it was thought that that prohibition could occasionally impede the effective conservation management of the sites. It has therefore been decided—rightly, I think—to enable the Secretary of State to grant a new form of permit in respect of the conservation of, or repairs to, designated historic sites and monuments.
Clause 16 is an important measure that deals with the conservation of animals and plants. I shall mention that again in a moment when I make reference to what went on between 1901 and 1904. I have with me the two volumes written by Captain Scott entitled “The Voyage of the Discovery”, and it would be appropriate to put on record one or two of the matters to which he refers. These books are quite difficult to get hold of, and this is a good opportunity for me to give the House an indication of what was going on at the time.
The 1994 Act contains a provision that makes it an offence to
“remove or damage such quantities of any native plant that its local distribution or abundance will be significantly affected…except in accordance with a permit…or under the written authorisation of another Contracting Party”
to the protocol. The provision also extends to native invertebrates, which is an important and necessary measure. Because of the vast wilderness of the Antarctic landscape, the plants and native invertebrates are essential to the preservation of the integrity of the environment, and it is important that nothing is done to damage them. It is also vital to maintain their presence there.
The 1994 Act also makes it an offence to introduce a non-indigenous species. That is to preserve the integrity of the existing continent, but there are provisions allowing for plants and animals to be kept on board vessels visiting Antarctica, provided that they remain on board. Of course, if we go back to the original expeditions, it would have created a few problems if it had not been possible for the explorers to take their dogs with them to pull the sledges. Amundsen’s expedition eventually won the battle by virtue of having his team of dogs with him. The difficulties that arose for Scott’s expedition meant that they were left having to pull the sledges by hand—quite a remarkable feat. The intensity of the cold and the distances were such that it was an amazing achievement that they managed to do what they did.
Other provisions on microscopic organisms are designed to ensure that we can develop certain native plants, while other provisions prohibit the introduction of non-sterile soil into any part of Antarctica. These provisions may seem unusual, but we have heard in the last few months about the destruction of the ash tree in this country, resulting from spores coming here from other parts of the continent— from Denmark in particular. In dealing with an area such as the Antarctic, it is essential to maintain the integrity of local species and not to have them contaminated. In practice I believe these provisions will turn out to be immensely important as the Bill is brought into effect and then into full operation.
I thought today might be an appropriate moment for this debate, given that some of us feel that the people participating in these expeditions were so intrepid and fearless. This is perhaps also reflected when we think of other great explorers, including my hon. Friend the Member for North Warwickshire (Dan Byles). As I understand it, he and his mother have been to the Arctic, and I believe from a speech he recently made in my constituency that he is going to the Antarctic, too, following in the footsteps of Robert Scott. I am sorry that my hon. Friend is not here—never mind, he probably has an important constituency engagement—but his journeys are fascinating. He used to be in the Army; he has rowed across the Atlantic with his mother; and he is now proposing to go to the Antarctic as well. He will be following in the footsteps of the other explorers that I am about to mention.
It is important to put on the record those whom Robert Scott acknowledged in his own book, “The Voyage of the Discovery”. He pays tribute to Sir Clements Markham, whom he describes as the father of the expedition and its most constant friend. One has to remember that, with Scott having died in 1912, no successor book was written about the second expedition. To feel the character and sheer quality of these expeditions, we can read the “The Voyage of the Discovery”, published in two volumes, to find out how Scott and his team of fellow explorers felt during the first expedition. I strongly recommend that anyone interested should take the opportunity to read it.
I have taken a particular interest in another aspect of this topic, not least because my wife’s family included a certain Thomas Kennar, who went with Scott to Antarctica as the quartermaster of the first expedition. Another young man, a petty officer, was pretty much seconded as the geologist to the national Antarctic expedition. I pay tribute to him as well. He was called Mr Ferrar, and in the book’s appendix 1, he set out a summary of the geological observations made during the cruise of the SS Discovery between 1901 and 1904. There is the now-famous Ferrar glacier, and I am glad to say that Mr Thomas Kennar was given the opportunity to use his name, too, so there is a valley in the Antarctic known as the Kennar valley. It could be said that we are pretty proud of that.
In view of this habit of naming places after great men who have led fierce expeditions, I wonder whether Brussels should be renamed Cashland.
It is very kind of my hon. Friend to suggest that, but if any such thing were ever done, I should prefer it to be done after we had defeated those in Brussels. Let us get that done first, and then we can think about some method of commemorating the event, if and when it occurs.
I thought that it would be helpful to give some idea of the sort of activities in which those on the expedition were engaged. There was, in fact, an important expedition within the expedition, which took place in October 1903. Scott writes: “Because the region in which much of our work lay was very beautiful and interesting, I propose to take the reader”—and, on this occasion, the House—“into the details of one more sledging excursion. The party with which I left the ship on October 12th 1903 numbered 12 members in all”, and he says who they were.
Scott led the advance party himself; the second party was led by the geologist Mr Ferrar, with whom went two men, Kennar and Weller. He says: “The original scheme was that the whole party should journey together to the summit of Victorialand, and it was said that there should be an absence of nine weeks calculated for the advance party.” To cut a long story short—[Laughter.] It is quite a long story, but I make no apology for that.
I do want to make one thing clear. Astonishingly, although they were completely lame and exhausted, those who had led the second party were determined to follow the first group. Scott writes: “Once or twice they halted to brew tea to keep themselves going, but not one of them had suggested the halt should be extended.” That was in absolutely incredible conditions. He goes on: “In the hard struggle of the last few hours, some of the men had kept things going by occasionally indulging in some dry remark which caused everyone to laugh. Kennar’s attitude had been one of grieved astonishment. Presumably referring to me, he kept repeating ‘If he can do it, I don’t see why I can’t…My legs are as long as his.’”
Order. Perhaps he could, but the hon. Gentleman cannot. I know that he is desperate to return to the Second Reading debate, although he has given us a great history lesson and we welcome that. I just hope that we do not spend too much time on global warming, given the amount of his speech that he has already used up.
I simply say that it is important to put on record that all the work that is being done in Cambridge and is being talked of now refers back to those amazing people, who were, as Ernest Shackleton wrote subsequently, “the life and soul” of the party. The archives include the “South Polar Times”, and I think that people should take a look at that. In his letter to Mrs Kennar, Shackleton wrote that
“the Prince of Wales read the South Polar Times with great pleasure.”
The importance of the archiving, and the historical context of all this, need to be reaffirmed by all of us who are fascinated by the Antarctic expedition. We should recognise the work that is being done now, the work that will be done under the Bill, and the tremendous courage and determination of those who started all this. That deserves to be recalled. At the same time, we should to do all that we can to ensure that the existing organisation that was referred to by the hon. Member for Cambridge and my hon. Friends the Members for Stroud and for Romford is maintained, and that the finances are in the right shape to enable it to continue in the manner that was intended by those on the original expedition. It is quite right that the Government are supporting the Bill.
It is, as always, a pleasure to follow my hon. Friend the Member for Stone (Mr Cash). I cannot guarantee Members that I shall talk about anything as interesting as his wife’s family history, and I am sure we are all sorry that he cut his long story short, but perhaps we will hear the rest of it another time.
I congratulate my hon. Friend the Member for Stroud (Neil Carmichael) on being successful in the private Member’s Bill ballot and making progress with his Bill, and I am sure he will be heartened by the widespread support that it has received. I certainly do not intend to do anything to prevent it from making further progress today. Therefore, as is customary on these occasions, I shall try to keep my remarks relatively brief.
This Bill makes
“provision consequential on Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty”
and amends the Antarctic Act 1994. That Act implements most of the Antarctic treaty requirements in domestic law, and this Bill seeks to implement further treaty measures.
The Bill has two parts. The first addresses liability and the annex, and deals with environmental emergency liability and the concept that the polluter pays. The second part amends the 1994 Act to allow the Foreign and Commonwealth Office to permit foreign nationals on British-led expeditions and to give additional protection for the Antarctic environment, including its marine life and other living creatures.
Antarctica is a fascinating and important continent. I think my hon. Friend the Member for Stroud had a Westminster Hall debate on the Antarctic.
I am sorry for interrupting my hon. Friend so early in what I hope will be a fine and Gladstonian-length speech, but I was wondering whether the requirement to allow foreign nationals on British expeditions is a requirement of EU law, and whether, once again, the European Union is getting its grubby mitts on our legislative process.
My hon. Friend makes a good point and, as he knows, I share his horror of the European Union sticking its nose into our affairs. His question might be best answered by my hon. Friend the Member for Stroud, as this is his Bill, but I think that provision is intended to allay the concerns of universities who might have foreign nationals on teams wanting to carry out research in the Antarctic. At present, the required process is quite difficult, and involves having to get foreign nationals’ own countries to sort things out. The idea is that it would be a lot easier for research institutions in this country if the British Government could sort everything out. My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) is, however, always wise to be on the look-out for encroachment by the European Union, the consequences of which are hardly ever in our favour.
I am grateful to my hon. Friend for making this speech in support of my Bill, and I can assure him that the EU is not involved in this in any way at all.
I think we are all grateful for that clarification. My hon. Friend may be disappointed that the EU is not involved in some way, however, as I know his views on Europe are somewhat different from mine. It is a great pleasure to me and my hon. Friend the Member for North East Somerset that the EU has not got its grubby little hands all over this Bill.
Before discussing the details of the Bill, it is important to look at where we are now and how we got there. The Antarctic treaty was ratified on 1 December 1959 in Washington DC and came into force on 23 June 1961. It established international co-operation to protect and preserve Antarctica. The UK enacted its obligations through the Antarctic Treaty Act 1967. There were 12 original signatories of the 1959 treaty, including the Governments of the UK, Australia, Belgium, France, Japan, New Zealand, Norway, South Africa, the Soviet Union—as it was then—and the USA. As the hon. Member for Islington North (Jeremy Corbyn) made clear, the other signatories were Argentina and Chile.
My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) has just reminded me that last week in the European Scrutiny Committee we had a document before us that confers observer status on the European Union—no doubt to complement the Soviet Union, which my hon. Friend the Member for Shipley (Philip Davies) has just referred to as being a party to these international bodies. It is extraordinary, and I hope we can find out exactly why it is, that the EU should be given that status. We are primarily dealing here with the British Antarctic, but perhaps as the Bill goes through Committee we will find out.
I am grateful to my hon. Friend for that; he is as vigilant as ever on these matters. I understand why the mention of the Soviet Union drew his immediate thoughts to the European Union, as there is very little to choose between the two.
Is my hon. Friend aware that the European Union has just issued a new logo with the hammer and sickle at the very top of it, which makes the connection explicit?
I am sure that we are all grateful to my hon. Friend for that update, and that we are all alarmed, if not surprised, by that development.
In addition to the treaty signatories, we now have “other consultative parties”, such as Brazil, China, India, Germany, Italy, Holland, Finland, Sweden, Spain, and even Ecuador, Uruguay, Peru, Bulgaria, Poland and South Korea. There are also other “non-consultative parties”, including Austria, Belarus, Canada, Colombia, Cuba and the Czech Republic. I will not read them all out, Mr Deputy Speaker, but suffice it to say that plenty of other countries are also involved on a non-consultative basis.
The treaty parties meet each year at the Antarctic treaty consultative meeting, for the purpose of consulting and exchanging information on matters of common interest pertaining to Antarctica. The reasons for the treaty were competing territorial ambitions—my hon. Friend the Member for Romford (Andrew Rosindell) made much mention of those—and claims by various countries, including the UK, that sometimes overlapped each other. At the same time, Antarctic scientific research was becoming more important, which encouraged the need for the negotiation of a peaceful agreement establishing spheres of interest and the permanent presence of national teams conducting scientific research. The UK made its first territorial claim in 1908 and has had a permanent presence since 1943. As my hon. Friend the Member for Stroud said, our zone of presence is called the British Antarctic Territory, which was established to provide survey and meteorological information in the south Atlantic ocean—this is known as the British Antarctic Survey. The BAT is administered by the Foreign and Commonwealth Office and, as I am sure we all know, it is located in the coldest and windiest part of the Antarctic and it has no indigenous population.
The main objectives of the treaty can be defined as follows: to demilitarise Antarctica; to establish it as a zone free of nuclear tests and the disposal of radioactive waste; and to ensure that it is used for peaceful purposes only. That is set out in the introduction to the Antarctic treaty 1959, which states:
“Recognizing that it is in the interest of all mankind that Antarctica shall continue for ever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord”.
Nuclear explosions and the disposal of radioactive material are prohibited under article V(1). However, article V(2) states:
“In the event of the conclusion of international agreements concerning the use of nuclear energy, including nuclear explosions and the disposal of radioactive waste material”—
by—
“all of the Contracting Parties...the rules established under such agreements shall apply in Antarctica.”
Although, hypothetically, this might be allowed and executable, it is rather unlikely that all the parties to the treaty would agree on such actions at the same time.
The second objective is to promote international scientific co-operation in Antarctica, which we have heard quite a lot about today, so I will not dwell on that. The third objective is to set aside disputes over territorial sovereignty. The treaty preserves the incompatible views regarding territory that my hon. Friend the Member for Romford spoke about earlier, but prevents any action from being taken to create, extend, support or deny claims to territorial sovereignty. All these factors make the governance of Antarctica slightly more complex than anywhere else in the world. It is important to say that the treaty is already in force indefinitely.
As with other international treaties and agreements that have been adopted by a large number of states, more than 300 recommendations have been adopted by the Antarctic treaty parties which negotiated separate international agreements, of which three are still in use. These three treaties are collectively known as the Antarctic treaty system—ATS. The three international agreements are the convention for the conservation of Antarctic seals 1972, the convention on the conservation of Antarctic marine living resources 1980, and the protocol on environmental protection to the Antarctic treaty 1991. I will come to each of these separately.
What is important to all these agreements is the geography of Antarctica, to which my hon. Friend the Member for Stroud referred at the beginning of his remarks. He pointed out that the Antarctic was about one and a half times the size of the USA. It is also one and a third times the size of Europe. It is a huge area, bigger than China and India combined. The Antarctic icecap contains 90% of the ice on earth. It is almost impossible to live there, but Antarctica is well known for its biodiversity, which is one of the reasons why my hon. Friend is so keen on the Bill—whales, seals, mammals, emperor penguins, albatross, vertebrates and microscopic organisms are well adapted to the cold climate. In contrast with the Arctic tundra, the Antarctic tundra lacks large mammal fauna.
According to the convention on the conservation of Antarctic marine living resources, the first Antarctic marine living resources to be exploited were fur seals and elephant seals early in the 19th century. Subsequently great whales were hunted in Antarctic waters. Most, if not all, Southern ocean whales are migratory. They head into warmer waters during the Antarctic winter and the calves are born in these more hospitable seas, as they would struggle to survive in polar waters during their first few months. No native bird or mammal may be killed or captured without a licence from the competent authority. Thanks to the British Antarctic Survey, I know a great deal more about seals than I did before, but given that time is pressing, I will not indulge the House by passing on some of the facts that I learned about seals, but I commend my hon. Friends to read them.
I am sure the subject of seals will be of great interest to the House. Will my hon. Friend make a copy of his research available in the Library?
I am not sure the demand would justify making the research available in the Library, but I am happy to send it to my hon. Friend. He can do with it what he wishes. I would not want to trouble the House of Commons Library with it, although it is interesting.
The extremely cold and dry climate does not allow rich vegetation, but some flora exists on the continent, which creates the Antarctic tundra in some parts of the continent, particularly the Antarctic peninsula, which has areas of rocky soil that support plant life.
The protocol on environmental protection to the Antarctic treaty is of great importance to the Bill. A ban on mining was imposed in 1998. The protocol, which was introduced in 1998, will be reviewed in 2048.
Part 1 of the Bill introduces a number of new statutory duties on those operating in Antarctica, relating to appropriate response action, preventive measures and contingency planning and information. It will come into force when it is officially approved by all the consultative parties which signed up to annex VI in 2005. I would imagine that this would be quite a difficult and lengthy process as there are 28 separate signatories and it is hard to envisage that they would all be content with every single part of the Bill. Perhaps the Minister will tell us what progress has been made in getting agreement with all the consultative parties that signed up, because that could be one of the most difficult parts of bringing this into operation. In 2009, the previous Government launched a consultation on a draft Antarctic Bill, and the version that we see today deals with issues raised by that consultation and includes some of the subsequent recommendations.
Clause 1 says that
“the person who organised the activities must take reasonable, prompt and effective response action.”
I am not sure whether my hon. Friend has something precisely in mind on what would constitute such action—whether that would be left for the courts to decide, or whether the Government have formulated any definitions. At the moment, it is not particularly clear. The clause also says that the costs that would have to be incurred
“are the costs that the person would have incurred had the person taken reasonable, prompt and effective response action.”
That seems to be rather difficult to determine, and it would be helpful to know exactly how it would be done. How would we know exactly what the costs would have been if people had taken such action in the event that they are before the courts because they have not done so? I do not know whether my hon. Friend wants to deal with those matters now or in Committee.
I think that they would be more appropriately dealt with in Committee. The definition of
“reasonable and prompt response action”
has to be seen in the context of the difficult and unpredictable circumstances in the region that we are talking about, and that should be borne in mind.
I am grateful to my hon. Friend, who makes a fair point. Legislation of this kind is problematic in that it is easy to be too vague and easy to be too specific. I understand that he is trying to leave enough flexibility for individual circumstances to be taken into consideration. Perhaps he had in mind the similar provisions of the Disability Discrimination Act 1995, which asks employers to make reasonable provision without specifying what “reasonable” means so that it can be considered on a case-by-case basis. However, it would be helpful if at some point we had a better understanding of what might be considered to be reasonable and who might decide that, or whether it would be left to a court to decide.
The liability annex obliges state parties to take preventive measures and to establish contingency plans for responses to incidents with a potentially adverse impact on the Antarctic environment. It imposes strict financial liability for the polluter to pay the costs of response action. Concerns may well arise about the level of liability that might be incurred by smaller expedition operators who do not have the financial muscle of some of the big corporations. In the case of commercial fishing operators, for example, would the expedition organisers or their employees be liable for any damage? Would there be corporate or individual responsibility for these liabilities if the corporation concerned could show due diligence in what they expected of their individual employees?
The potentially heavy burden that the sanction might place on individuals might not be realisable. Would individuals have to pay or would the sanction be limited to companies? Would the ability to pay also be factored into any costs and fines incurred? The Bill makes it clear that the money taken would be based on the costs of cleaning up or the costs that would have been incurred had the people concerned acted properly. Will there be a provision to cover circumstances in which they do not have the money? I urge my hon. Friend to address this issue in Committee. Rather than accept that they do not have the money and that, therefore, nothing can be recovered, it might be worth while to have a provision stating that the company or people concerned have to be able to afford the payment; otherwise, the big hammer with which we hit them might end up being meaningless and worthless.
According to the Library research paper, part 1 also has measures that
“enhance contingency planning to reduce the risks of ‘environmental emergencies’ in Antarctica i.e. accidents with significantly harmful environmental impacts such as oil spills.”
I have mentioned that Antarctica does not have great natural resources sufficient for exploration, so it is hard to imagine environmental emergencies such as oil spills in Antarctica. Not only are the temperatures extremely low for oil to sustain its qualities—in contrast with extracting it elsewhere in the oil-rich world—but there is also a deficiency of oil for adequate extraction. Drilling would be totally ineffective and economically unfeasible for oil companies due to the remoteness and hostility of the climate and related conditions, which would make it exceptionally difficult for any such businesses to operate. How big an issue will that be?
My hon. Friend is making some interesting points. He is right that these matters are likely to be considered in Committee, but the Bill does mention insurance for expeditions as part of their preparations. On oil, I commented in my speech on 600,000 litres of diesel being spilled by a ship. That also needs be borne in mind.
My hon. Friend’s point about insurance is a good one. We need to encourage people to take out the relevant and necessary insurance before they start and the Bill considers what happens if they do not do that. Perhaps that should be explored in more detail in Committee.
The explanatory notes state that the protocol on environmental protection to the Antarctic treaty, which was signed in 1991 and entered into force in 1998, already
“provides for the comprehensive protection of the Antarctic environment. Its Article 7 prohibits any activity relating to mineral resources other than scientific research. Until 2048 the Protocol can only be modified by unanimous agreement of all the Consultative Parties to the Treaty and, in addition, the prohibition on activity relating to mineral resources cannot be removed without a binding legal regime on Antarctic mineral resource activities being in force.”
It is important to state that considerable protection is already in place in the Antarctic. I accept that my hon. Friend is seeking to strengthen that protection in order to address unforeseeable future circumstances, but will the Minister explain what additional protection the Government think the Bill necessitates that is not already covered by the international treaties?
The British Antarctic Territory is the UK’s largest overseas territory and is administered by the Foreign and Commonwealth Office as an overseas dependent territory—an arrangement that dates back to 1908. Rather than dwell on that point, I take this opportunity to support the comments of my hon. Friend the Member for Romford. I think it is fair to say that he is the leading authority in the House on the British overseas territories and does a fantastic amount of work to defend and speak up for them, often when very few other people are prepared to do so. We should commend him for what he does, and particularly for what he said today about the British Antarctic Survey and the Natural Environment Research Council. I endorse everything that he said. I do not want to go over old ground, but his points were particularly well made.
The BAS operates its research stations in the Antarctic throughout the year, and it should also be commended for its fantastic work in South Georgia, Adelaide Island and Coats Land. We were right to be concerned about the merger that my hon. Friend discussed at length, and everybody welcomes today’s statement about it.
I thank my hon. Friend for his generous remarks. Does he agree that when we discuss the British presence in that region, the sovereignty of our three overseas territories there—the Falklands, the British Antarctic Territory and South Georgia—should be paramount? He mentioned the Antarctic peninsula, and he will know that in South Georgia there is a peninsula called the Thatcher peninsula. I have no doubt that he would celebrate the name of that part of that overseas territory.
Absolutely. I can think of no better name for it; it is greatly honoured by having that name, as far as I am concerned.
My hon. Friend makes a good point about sovereignty. As he knows, I absolutely agree with him on these matters, as I am sure the Minister does. It is important to make the point that the existing treaties make it clear that nobody can question our sovereignty over those territories. Others may have their own claims, but nothing in the treaties can encourage them to make them aggressively.
One might think that my hon. Friend the Member for Stroud had brought a niche issue before the House today. I think it is a big issue, but people might consider it a niche one in parliamentary terms. Nevertheless, it has generated quite a bit of interest in the form of parliamentary questions. It is a shame that my right hon. Friend the Member for Mid Sussex (Nicholas Soames) is not here today, because I know that he takes a close interest in it. I commend him in his absence for his work in pressing the Government on the mission and scientific research of the BAS. He has pressed both the Department for Business, Innovation and Skills and the Foreign Office on that and has raised some interesting points about the funding of the work that is carried out. I should point out that the hon. Member for Cambridge (Dr Huppert) has also done so. He has a constituency interest, given where the BAS is based.
I associate myself with my hon. Friend’s comments about the work of colleagues who are not here, as well as those who are, in highlighting the important work of the BAS. Will he also draw attention to the work of the Science and Technology Committee, which undertook an investigation and published a report this week? [Interruption.] It made a useful contribution to the final decision to put on hold decisions about the future of the BAS, which is completely the right thing to do. Will he encourage the Minister—
Order. An intervention is meant to be very short. The hon. Lady had a good go, and I tried to give her a nudge, but she wanted to carry on. I am sure that Mr Davies, with his ability, has got the message. If needs be, the hon. Lady can intervene again shortly.
I am grateful to my hon. Friend for her intervention. It is a shame that my hon. Friend the Member for North East Somerset is not here, as he could add the Science and Technology Committee’s report to the reading material on seals with which I will supply him. I am sure that piece of work will trump anything I can produce, and that my hon. Friend will be particularly interested in it.
My right hon. Friend the Member for Mid Sussex has been pressing the Government on the British Antarctic Survey, and in particular its cost to the public purse over the past few years. Given the financial situation we are in, it is understandable that expenditure has been considerably reduced over the past five years or so. Does the Minister have any thoughts on what an optimum amount of money would be to ensure that BAS’s work continues? Total resource and capital expenditure has fallen from £56 million to £46 million over the past six years.
I welcome you to the Chair, Mr Evans. I am sure that your predecessor, Mr Hoyle, was sad to leave during such an exciting part of the debate. Clause 14 amends the Antarctic Act 1994 to enable the UK to grant permits to non-British nationals on British expeditions, and it concerns an important point that my hon. Friend the Member for North East Somerset raised earlier. The legislation will enable foreign scientists working in the UK to apply to the UK for authorisation, rather than to their national Governments. As I understand, non-UK nationals are not currently eligible for a UK permit, even if their activity is to take place on an expedition organised by a British scientific institution. The Bill’s explanatory notes highlight that that has previously “caused inconvenience” to some UK institutions that employ non-UK nationals, and could even prevent a national of a state not party to the protocol from being issued a permit. That anomaly clearly needs to be resolved, and this Bill is a useful mechanism for dealing with it.
Part 2 of the Bill also implements agreed revisions to annex 2 of the environmental protocol on the conservation of Antarctic fauna and flora. It tidies up the implementation of the original treaty, which was signed in 1959 and came into force in 1961, and subsequent agreements. The Bill proposes to
“give marine plants and invertebrates protection for the first time”—
I am sure my hon. Friend the Member for Stroud is proud to do that—
“introduce measures to conserve British Historical Sites and Monuments in Antarctica better”,
which I am sure all hon. Members support, and
“update the Antarctic Act 1994 to facilitate better regulation of British activities in Antarctica, including to respond to the increasing internationalisation of Antarctic expeditions.”
Other matters tend to be fairly straightforward. I am anxious about time and to hear what the Minister has to say, and I am sure that all hon. Members wish to see other important business progress. In conclusion, I congratulate my hon. Friend the Member for Stroud on his Bill, which has the support of the whole House. I would like to think that my contribution has been helpful—people do not always say that my contributions to Friday debates are helpful, but on this occasion I hope it has been useful in raising issues that we may wish to consider further in Committee. We must ensure that we end up with a Bill that gives the best possible protection to an important part of British overseas territories, which is what we all want.
It is good that we are debating the Antarctic on the 100th anniversary of Scott’s death. It is a privilege to follow contributions from my hon. Friends the Members for Shipley (Philip Davies), for Romford (Andrew Rosindell) and for Stone (Mr Cash), although at times I have felt like Captain Oates. I was tempted to conjecture that I could step out of the Chamber because it was obvious that my hon. Friends would be speaking for some time, but their contributions were important and of significant weight. I will be much briefer, because I am conscious that other hon. Members want to speak and make progress on their Bills.
I support the Bill and congratulate wholeheartedly my hon. Friend the Member for Stroud (Neil Carmichael), who has fought courageously on behalf of the Antarctic and worked hard to secure the House’s attention on the region since he was elected in May 2010. I also support the British Antarctic Survey and welcome the stopping of its proposed merger with the National Oceanography Centre. Clearly, that is a right and proper decision, and we are rightly moving on.
It is good that the House is debating the British overseas territories. I made the case for the Falkland Islands in a one and a half hour debate in Westminster Hall in January, and other hon. Members have mentioned other communities of the British overseas territories. We must acknowledge and accept that the Falkland Islands, South Georgia and the South Sandwich Islands are inextricably connected to the fate of the British Antarctic Territory. We need to do everything possible in the House and in the media to support the Falkland Islands and the British Antarctic Territory, because they are vital to a number of British interests. The Bill is a continuation of our support.
It can only be a good thing that the Bill supports environmental legislation and applies it to the Antarctic and historic monuments, and we should make progress on that. My hon. Friend the Member for Romford is a staunch advocate of the Falkland Islands and strongly supports their right to self-determination in the run-up to the referendum in spring next year, which will, as it should, strongly support British citizenship and reject any possibility of any Argentine involvement.
We should support the British overseas territories. The Foreign and Commonwealth Office White Paper issued in June discusses how our 14 overseas territories, one of which is the Antarctic, are “small communities” but “big societies”. The coalition Government set out their vision for the territories in the White Paper, which states that they need to be
“vibrant and flourishing communities, proudly retaining aspects of their British identity and generating wider opportunities for their people”
and mentions the “environmental conservation and management” that is required. The Bill dovetails nicely with the White Paper, and attaches and addresses the individual points made on the British Antarctic Territory. Notably, the White Paper states:
“Environmental protection is an integral part of this strategy and is amongst its highest priorities: the Antarctic Peninsula is one of the fastest warming, and therefore most rapidly changing places on the planet.”
Given that the White Paper was published in June, and that we are considering the fate of the Falkland Islands and other overseas territories, does the Minister agree that it is right and proper for the Foreign and Commonwealth Office to consider allocating time to consider the White Paper? That was envisaged and discussed in the Falkland Islands debate in January, but I hope the Minister can find time for the House to debate that important White Paper.
I congratulate the hon. Member for Stroud (Neil Carmichael) on introducing the Bill. It is a great pleasure to deal with a genuinely bipartisan Bill. As he rightly said, the Bill follows a consultation on a draft Bill in 2009. I do not propose to detain the House too long on this issue, albeit for possibly a little longer than my 57-second contribution last week.
The Bill would implement a new annex to the Antarctic treaty that was agreed back in 2005 on liability arising from environmental emergencies. It requires anyone undertaking activities in Antarctica to ensure that measures are in place to deal with any environmental damage, together with contingency plans for any damage that might occur. The present Bill was based on the Bill consulted on in 2009 by the previous Government, but it does not contain part 2 of the original Bill covering the requirement for contingency and safety planning by all British operators. In that context, I understand that the Minister’s officials believe that these issues can be addressed through the permit system, so that part of the original Bill is not required. I hope that the Minister will take this opportunity to be a bit more explicit and to send a clear message to operators—and reassurance to those who have a passionate interest in the Antarctic environment—that that is the case, and that the Bill follows the long line of measures to protect this vital environment. I hope that the Minister will deal with that issue when he winds up.
The Antarctic environmental legislation is a very good example of international co-operation on matters of great concern for the future of the planet. The treaty froze territorial disputes relating to the continent in order to pursue peaceful scientific investigation and conservation. Several hon. Members have referred to examples of that, some of them at considerable length. In the 1991 protocol, stringent measures on environmental protection were introduced, including—importantly—a 50-year moratorium on mineral extraction. The current permit requirements for British expeditions entering the Antarctic were introduced in the Antarctic Act 1994—in another example of the bipartisan nature of these discussions and concerns about the issue—which implemented the treaty’s protocol on environmental protection.
Why is this Bill so important and necessary? The Antarctic, as has been stressed by several hon. Members, is a pristine and highly sensitive environment that is of great significance in the global ecosystem. It contains, for example, 90% of the ice on earth and 60% to 70% of its fresh water. At a time of rising sea levels—mentioned with great concern yesterday by Mayor Bloomberg in New York—the melting of this ice would see a dramatic increase in sea levels. The seasonal growth of sea ice each year is one of earth’s most significant seasonal cycles, covering 19 million sq km at its maximum extent, which is one and half times the area of the Antarctic continent.
The Southern ocean also dominates the global oceans and influences the climates of many countries. In that context, I was pleased and honoured earlier this year to visit the Australian Antarctic division in Hobart, Tasmania. That is a valuable resource, and the hon. Member for Romford (Andrew Rosindell) will be well aware of the extensive co-operation with our Commonwealth ally, Australia, on this issue. This is a valuable resource not only for Australia but for the international community. It monitors the impact of climate and environmental change, conservation and ecosystems onshore and near shore, and in the vast Southern ocean.
Will my right hon. Friend join me in hoping that the marine conservation zones are strongly endorsed and supported as a means of protecting fish stocks and the food chain from the larger mammals that inhabit the southern oceans? If the fish stocks are removed and too much krill are taken, long-term damage will be done to the whole ecosystem.
My hon. Friend and fellow allotment holder is exactly right. It is of considerable concern that no proper evaluation has been made of what take of krill in the Southern ocean is sustainable right the way up the food chain. Much more scientific work will need to be done before we understand the matter. Harvesting is right and proper, but we do not want mining of the populations in the Southern ocean, because of the deep long-term effects all the way up the food chain. I understand that even now there is considerable concern about whether there are adequate food supplies for penguins in the area. That demonstrates the enormous importance of the Southern ocean for the ecosystem, although, as I have indicated, it goes much wider than the Southern ocean area. I agree with him about that and with his comments about the Foreign and Commonwealth Office. Implementation of the treaty is rightly welcomed here, but the FCO should engage actively with other signatories to ensure the more rapid implementation of this important work.
Those measures are extremely welcome, and I am sure that any concerns that hon. Members have can be dealt with in Committee, as the hon. Member for Stroud indicated. The broad thrust, however, has support across the House. It is slightly disturbing and contradictory, then, that alongside these excellent measures we are looking at proposals to merge the British Antarctic Survey and the National Oceanography Centre. As I indicated in an intervention, the decision not to do that was extremely welcome, and I once again place on the record my tribute to the Science and Technology Committee, under its excellent Chairman, my hon. Friend the Member for Ellesmere Port and Neston (Andrew Miller), for producing a report that was highly critical of that measure. Its criticism was based not only on the scientific contribution, the excellent work done and the loss of scientific capability but, as hon. Members have mentioned, on a concern about the message it might send in the south Atlantic area.
Our noble colleague Lord West rightly drew attention to another problem that he claimed could lead to us sleepwalking towards another Falklands—a matter of enormous concern to him, obviously, given his heroic record.
The right hon. Gentleman might like to take the opportunity to confirm that should a British overseas territory, such as the Falkland Islands, be threatened, the Labour party would be 100% in favour of defending the right to self-determination of the peoples of that territory, unlike what happened in 1982, when many Labour Members opposed the actions of Her Majesty’s Government.
I regret and resent that question for two reasons: first, because the then Labour Opposition supported the action of the Government, and, secondly, because of the reasons for the action. I did not raise this before, because I thought this was a bipartisan issue, but the hon. Gentleman knows full well that it was the withdrawal of British capability in the south Atlantic by the Government he so praises that encouraged the Argentines to believe that we were losing interest, unlike the position taken by Jim Callaghan when he was Prime Minister, which he protected. It is outrageous for the hon. Gentleman to try to play politics. Unfortunately for him, when he chose his weapon, he chose a boomerang.
If the connection I have described was so obvious to many hon. Members in both Houses, I am slightly surprised that it was not so obvious to civil servants, the quango or Ministers. Notwithstanding that, it is extremely welcome that we have made the change we have, which enhances the measure we are considering today. It is a worthy and timely measure, and I hope that in responding the Minister will say not only what actions the Government will take, but what encouragement they will give to speed up international co-operation.
I congratulate my hon. Friend the Member for Stroud (Neil Carmichael) on presenting this important private Member’s Bill at this time and on the detailed and knowledgeable way he introduced it. I am pleased to confirm the Government’s support for his Bill to introduce increased protection for the Antarctic environment. One of the encouraging things about the debate is the clear unanimity of purpose to put it beyond any doubt that Antarctica matters as much to the United Kingdom today as it ever has done. The United Kingdom has the finest possible traditions of Antarctic exploration and care for what is an immense but fragile landscape, a point made particularly passionately by my hon. Friend the Member for Stone (Mr Cash).
This has been an excellent and well-informed debate. Several Members have mentioned the centenary of Captain Scott’s final expedition, previous expeditions and the importance of keeping faith with his scientific legacy. The Bill’s provisions are a real and important part of that legacy. Antarctica is a unique global asset for science, in particular predicting the global impacts of climate change. At the same time, we must all recognise that human activity has increased significantly, with tourism, research stations and growing global interest. The consequences of a man-made emergency in Antarctica could be severe. The remoteness, unpredictability and severity of the climate, together with a lack of rescue or emergency services, would only heighten the impact of any incident.
The Government believe that the Bill provides appropriate strengthening of environmental protections by providing clear lines of accountability for dealing with environmental emergencies caused by human activity; putting the best existing practice into law; increasing the protection given to Antarctic marine plants and invertebrates; and helping further to protect Antarctica from invasive non-native species. There is a significant UK future in Antarctica. However, Members have raised a number of concerns about the future of the British presence in Antarctica and the south Atlantic. I want to provide the strongest possible reassurance from the Dispatch Box about the UK’s future in Antarctica and the wider region. The Government are absolutely committed to maintaining and developing the British scientific and physical presence in Antarctica.
Let me pick up one of the points that the right hon. Member for Warley (Mr Spellar) made. He was absolutely right to highlight the importance of the Science and Technology Committee, but its work was one of many contributions and lobbying efforts made to Government. The Government have consistently been purposeful at all times about the dual mission and its importance to the region. We are also glad that the decision by the Natural Environment Research Council reflects the clear messages received from the Select Committee and from my hon. Friend the Member for Romford (Andrew Rosindell) and his all-party group, and those received from many other Members, scientists and concerned members of the public. Indeed, let me say how articulate and passionate I found my hon. Friend’s contribution. He should be praised for the enormous contribution he has made to strengthening ties between the United Kingdom and all our overseas territories, and take personal credit for the significant role he has played. While I am in this ministerial office, I intend to continue to develop and build on the work of my predecessor, who was also enthusiastic, keen and passionate about this agenda.
I am pleased to confirm that the Government’s commitment to continuing the dual mission in the region is as strong as ever. I welcome the fact that, having completed its consultation, the Natural Environment Research Council agreed yesterday that it would not now proceed with the proposal that it had been talking about. The Minister for Universities and Science has placed a written ministerial statement before the House this morning to confirm that position.
Does the Minister agree that it is now essential to appoint a full-time director of the British Antarctic Survey to lead the organisation forward and to deliver the dual mission?
I agree that a full-time director of the British Antarctic Survey needs to be appointed as soon as possible, but I do not agree with the suggestion that Ministers should get involved with such an appointment. That is a matter for the BAS and for the other groups and organisations that need to be consulted.
I want to turn to some of the important issues that hon. Members have raised. It is right to put them in context, and also to correct the one or two misunderstandings that have emerged. I want to clarify the point made by my hon. Friend the Member for Christchurch (Mr Chope), to ensure that the House is in no doubt about the United Kingdom’s sovereignty of the British Antarctic Territory, which stems from the oldest claim to the territory in Antarctica back in 1908. We have to acknowledge that the sector was subsequently claimed by Chile and Argentina, but, under the terms of the Antarctic treaty, sovereignty issues are held in abeyance and are neither confirmed nor denied. The United Kingdom continues to assert its sovereignty over the territory through the provision of legislation and postal services and the presence of the Royal Navy and the British Antarctic Survey. As the hon. Member for Islington North (Jeremy Corbyn) correctly pointed out, co-operation with Chile and Argentina is good on the ground and in most international settings, and we are keen to maintain that positive good relationship.
The Minister has probably heard the news today that there has been a breakdown at the Commission for the Conservation of Antarctic Marine Living Resources at its meeting in Hobart, because Ukraine, China and Russia appear unwilling to sign up to an agreement on linked marine protection zones. Those zones are clearly important for the protection of the ecosystem and fish stocks. The commission will reconvene in Berlin next year. What lobbying efforts will the Government put in, ahead of that meeting in Germany next summer, to ensure that we can reach an agreement to extend marine conservation all around the Antarctic area? Such agreement is essential, as my right hon. Friend the Member for Warley (Mr Spellar) has explained.
I am grateful to the hon. Gentleman for his intervention. I hope that he will be patient, because I will address that issue in a moment. I am going to go through the points that have been raised in a logical, chronological order.
In his well-informed contribution earlier, the hon. Member for Islington North (Jeremy Corbyn) asked about the military presence in Antarctica, and he was absolutely right to seek clarification on that important point. I can inform the House that the Antarctic treaty prohibits military testing or exercises there. However, military help with the logistics of national programmes is allowed. That is why HMS Protector will be in the Antarctic this year to assist with UK programmes in such areas as hydrographic charting, to give logistical support to the British Antarctic Survey and to provide a search and rescue capability.
The hon. Gentleman just raised the important point about the unfortunate breakdown in the negotiations in Hobart yesterday. It is extremely disappointing that there has been a failure to reach agreement on the new marine protected areas, particularly those in the Ross sea, which I think was the area to which he was referring. The UK has an excellent reputation, under both Governments, for the creation of marine protected areas. We were instrumental in setting up the first one in the Southern ocean around the South Orkneys, and we have announced a new one around South Georgia in the Southern ocean as well. Our commitment to the protection and sustainable use of the Southern ocean is undimmed and undiluted. I give the hon. Gentleman the assurance that we will continue to work to persuade other countries to reach an agreement on the creation of appropriate marine protected areas, and that we are pressing hard for an opportunity to bring the process back on track in anticipation, hopefully, of an agreement at the conference next year.
The hon. Gentleman also made a point about whether the Bill’s application is to only part of Antarctica or to the whole of it. I can assure him that it will cover British expeditions and activities anywhere in Antarctica. Along with my hon. Friend the Member for Shipley (Philip Davies), he asked about the time scale for the Bill’s ratification by all members. I can give an assurance that the UK will push for ratification by other members as fast as possible. Indeed, some—including Finland, Peru, Poland, Spain, Sweden and, recently, Australia—have already ratified the protocols before the UK. All 28 consultative parties to this particular liability index have signed article 6 of the environmental protocol. This Bill, along with other national Bills, is merely a ratification of what has already been signed up to, so we anticipate no significant issues or problems there.
In response to the question of my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) about the EU’s possible interest in British expeditions or other aspects of the Antarctic, I can confirm that the Bill’s amendment to existing legislation reflects the growing international nature of science teams and the necessity for universities—mentioned by my hon. Friend the Member for Shipley—to secure easier recognition of world-class British expeditions, which inevitably have an international flavour nowadays.
My hon. Friend the Member for Stone was absolutely right to highlight the importance of clause 15, which provides for orderly regulation and conservation of historic and monumental sites, and of clause 16, which increases the environmental protections of flora and fauna, along with marine plants and invertebrates. He raised the issue of the EU’s application for observer status. I can confirm that it is not for the Antarctic but for the Arctic Council that the EU is trying to gain such status. I can confirm, too, that this has not been agreed and that the EU has no status in the Antarctic treaty system.
My hon. Friend the Member for Shipley gave a very forensic and detailed analysis of the legislative architecture surrounding this Bill. It will not come as a surprise to him to hear me say that many of the points he raised deserve thorough and detailed consideration in Committee. Both my hon. Friend the Member for Stroud and I will be interested to discuss these issues to ensure that the Committee is happy with the thought process and detail, supplied by my hon. Friend and the Foreign and Commonwealth Office, that have gone into the Bill.
It is important to say that the Government are supportive of the Bill. We see it as making a significant contribution to organising Antarctic expeditions and other tours to take preventive measures and establish contingency plans to reduce the risk of environmental emergencies and to secure all-important insurance. The Bill is important, too, for updating existing Antarctic legislation to recognise and respond to the increasingly international flavour of scientific activity and to provide better protection through clauses 15 and 16.
My hon. Friend the Member for Shipley asked about the liability annex, which mirrors the issue raised by the hon. Member for Islington North. My hon. Friend asked about ratification, too, and I can confirm that once the annex is ratified, we will be able to show leadership, alongside those who have already ratified the environmental protocol, in the Antarctic treaty consultative meetings and actively lobby all countries to ratify at the earliest opportunity.
My hon. Friend raised a series of detailed but very important issues, which I do not intend to go into now unless the House absolutely wants me to. I get the impression that it probably does not. If it would help, I should be happy to write to my hon. Friend in the meantime—especially if he is not here—
I apologise. He is here, sitting on the Front Bench. I shall write to him setting out the details, if he is happy with that. He may find himself on the Committee, in which case we can dig into some of the issues if he is sufficiently interested.
In response to the point correctly made by the right hon. Member for Warley, I can confirm that the provisions in the draft Bill on which consultation took place in 2009 regarding search and rescue can be implemented by means of the existing permitting regime as contained in the Antarctic Act 1994, and that primary legislation is therefore unnecessary. I am sure he agrees that there is no point in legislating when legislation is not necessary, or when the position is covered by existing legislative frameworks.
The Government believe that the Bill provides a real opportunity and gives proportionate support to the Antarctic environment. This country is rightly proud of its Antarctic heritage in the form of exploration, international co-operation and good governance. I am delighted to support the Bill on behalf of the Government, and I urge Members to give it their active support in Committee in order to ensure its expeditious passage on to the statute book.
With the leave of the House, Mr Deputy Speaker, I should like to respond.
We have had an excellent debate. It has thrown up some very interesting issues, which will doubtless re-emerge in Committee. I am immensely grateful for the wide support for this important Bill, and I obviously appreciate the expressions of support from the Minister.
We heard several fascinating speeches. I thank the hon. Member for Islington North (Jeremy Corbyn) and my hon. Friends the Members for Romford (Andrew Rosindell), for Stone (Mr Cash), for Shipley (Philip Davies), for Hexham (Guy Opperman) and for Cambridge (Dr Huppert) for their thoughtful contributions. We also heard some useful interventions, but I shall not list them all because I think that we need to move on to other business.
Let me say two final things. First, let me reassure the Opposition that a huge campaign was launched at a very early stage to ensure that the British Antarctic Survey was dealt with properly in terms of its autonomy and resources. That reassurance was given to us very firmly today by the Minister for Universities and Science. Secondly, let me ram home the point that the Bill reaffirms Britain’s presence in the Antarctic, and adds substantially to our capacity to protect that very important continent.
I have pleasure in commending the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).