(1 day, 11 hours ago)
Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
21:06 - The Committee divided: - Ayes: 143 / Noes: 318 - Question accordingly negatived.
21:20 - The Committee divided: - Ayes: 147 / Noes: 318 - Question accordingly negatived.
The First Deputy Chairman of Ways and Means (Judith Cummins)
I remind Members that, in Committee, Members should not address the Chair as “Deputy Speaker”. Please use our names when addressing the Chair. “Madam Chair”, “Chair” and “Madam Chairman” are also acceptable.
Clause 1
The Agreement
Question proposed, That the clause stand part of the Bill.
The First Deputy Chairman
With this it will be convenient to discuss to following:
Clauses 2 to 6 stand part.
Amendment 4, in clause 7, page 5, line 4, at end insert—
“A single report may be submitted for the purposes of sections 5(2)(c) and 6(3)(c), provided that any such single report meets the requirements in sections 5(3) and 6(4).”
This amendment would permit a single report to be provided to the Secretary of State for the purposes of fulfilling reporting requirements under clauses 5 and 6.
Clauses 7 to 11 stand part.
Amendment 5, in clause 12, page 9, line 2, at end insert—
“(aa) relating to the charging of fees under section 11(3)(c),”.
This amendment would require that any regulations enabling the Minister to set fees are subject to affirmative resolution procedure.
Clauses 12 and 13 stand part.
Government amendment 1.
Clause 14 stand part.
Government amendment 2.
Clauses 15 to 23 stand part.
Government amendment 3.
Clauses 24 to 26 stand part.
New clause 1—Powers of the Secretary of State: review—
“(1) Within three years beginning on the day on which this Act is passed, the Secretary of State must lay before Parliament a report on the exercise of powers conferred on them by virtue of this Act.
(2) A report under this section must include—
(a) a description of the powers used,
(b) the purposes for which they have been used,
(c) an assessment of how effectively they have been used,
(d) an assessment of how their use accords with the objectives of the Agreement.”
This new clause requires the Secretary of State to report to Parliament on the exercise of powers conferred on them by this Bill.
New clause 2—Reporting requirements relating to the Act—
“(1) Before the end of the period of two years beginning on the day on which this Act is passed, and at least once every two years thereafter, the Secretary of State must lay before Parliament a report on the implementation and enforcement of the Act.
(2) The report must include—
(a) data on access to samples;
(b) information relating to the number and nature of DSI views and downloads;
(c) information about the amount and nature of enforcement actions taken;
(d) an assessment of the impact of the Act on business, scientific research, and the fishing industry;
(e) a summary of any regulatory changes made under the Act;
(f) an assessment of the impact of any such regulatory changes.”
This new clause would require the secretary of state to lay a report before Parliament every two years on the effect and enforcement of the Act.
Schedule.
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Seema Malhotra)
It is a pleasure to serve under your chairship, Madam Chair, and to open this debate in Committee of the whole House on the Biodiversity Beyond National Jurisdiction Bill.
Before turning to the detail of the clauses and of the amendments that stand in my name, I want to underline why it is so important that this House sends a clear signal today by progressing this legislation. This Bill will, along with subsequent secondary legislation, enable the United Kingdom to implement obligations in the United Nations biodiversity beyond national jurisdiction agreement into UK law, and enable us to move towards ratification of this historic agreement.
The House may also have seen that the BBNJ agreement was recognised by the Prince of Wales’s Earthshot Prize Council last week, which is a testament to the broad support for it. The BBNJ agreement is the culmination of nearly two decades of international negotiations. The agreement covers roughly two thirds of the world’s ocean, which is home to ecosystems that regulate our climate, support fisheries, drive weather patterns and sustain the livelihoods of millions around the world.
Jim Shannon (Strangford) (DUP)
It is such an important subject, and I appreciate the opportunity to ask a question on behalf of those I represent who are involved in fishing. The Bill and the international treaty it implements will affect the fishing industry primarily through the creation of marine protected areas and through the imposition of stricter environmental impact assessments. Does the Minister agree that this means engagement with our fishing sector is essential, and can she confirm that the viability of fishing and food security will be a priority for this Government?
Seema Malhotra
The hon. Member will know from previous conversations that we continue to engage with the fishing industry on all areas of policy. Fishing falls outside the scope of the Bill, but it is important that the Government maintain that dialogue.
Jeremy Corbyn (Islington North) (Ind)
I welcome and support the Bill, which is an important step forward. It is a shame that it was not passed before the election so that it could have been dealt with in the wash-up of the previous Parliament. Will the Minister assure us that the Government will provide the necessary resources, and that the UN agencies are sufficiently funded, to ensure that this law becomes an effective protection for the natural world and the oceans that we all rely on?
Seema Malhotra
As the right hon. Member will have seen—I know that he has studied the Bill closely—we are looking to implement our obligations in line with many existing obligations. It has been important for us to hear from scientists and other involved parties that there should be no extra burdens and that we should consider how to move forward together. When we ratify the agreement, we will be party to the Conference of the Parties and able to participate in how future decisions are made. That will be important to understanding how the UK can incorporate decisions efficiently, effectively and with the fewest possible resources.
Tom Hayes (Bournemouth East) (Lab)
I welcome the Bill’s enhancement of biodiversity and the protection of our oceans and natural world. How will the Bill help to unlock innovation in marine science?
Seema Malhotra
I will come to that later in my remarks. My hon. Friend makes a good point. Ratifying the agreement will also make it easier to share the benefits of research more widely and efficiently. That will allow those who might not be able to carry out such research themselves to use it and consider where innovations might be made. That is an important benefit of the Bill.
The Bill is the culmination of nearly two decades of international negotiations. The agreement represents a once-in-a-generation step forward in ocean governance, to ensure that areas beyond national jurisdiction are managed sustainably, transparently and equitably. Through the Bill, the United Kingdom will be able to play its full part in that effort. It will allow our scientists, companies and research institutions to participate confidently in the new frameworks on marine genetic resources, to contribute to the development of area-based management tools, and to meet international standards on environmental impact assessments in areas beyond national jurisdiction. Royal Assent early next year—subject to time in the House—will place the UK in a strong position to ratify the agreement and to take its seat at the first Conference of the Parties, which is expected to be in the second half of 2026. It is vital that the UK is at that table.
Carla Denyer (Bristol Central) (Green)
I am grateful to the Minister for giving way as she speaks about the importance of the UK taking global leadership. I welcome the Bill, but will the Minister complement it and show global leadership by announcing a new international taskforce dedicated specifically to protecting at least 30% of the Atlantic ocean by 2030?
Seema Malhotra
The hon. Lady will know that that is outside the scope of the Bill, but the measures will protect the world’s oceans—as I have said, the agreement covers roughly two thirds of them. Indeed, in all areas of our international work, we do all we can for the environment around the world.
Seema Malhotra
I will make a bit of progress—I thank my hon. Friend for his patience.
The Bill is divided into five parts. Parts 2, 3 and 4 align directly with three operational pillars of the BBNJ agreement: marine genetic resources, area-based management tools, and environmental impact assessments. I will address the Government amendments and clauses stand part now, but I will address the Opposition amendments in my closing remarks, so that I have had an opportunity to hear the shadow Minister’s contribution.
Part 1 sets out the definitions that underpin the rest of the Bill. Given that those definitions will be discussed at some length today, I say for the benefit of the Committee that “areas beyond national jurisdiction” comprise the high seas—waters beyond exclusive economic zones—and the area, meaning the seabed and subsoil beyond the limits of national jurisdiction, and “marine genetic resources” are defined as any marine material containing functional units of heredity of actual or potential value. Those definitions mirror the agreement and ensure consistency between domestic law and our international obligations. Clause 20 provides definitions for terms that are used in the Bill but not defined elsewhere in it.
In part 2, clauses 2 to 10 implement the provisions of the agreement relating to marine genetic resources. The provisions promote transparency in the collection and utilisation of marine genetic resources of areas beyond national jurisdiction and associated digital sequence information, and provide the building blocks for benefit sharing.
Clauses 2 and 3 create reporting obligations for individuals collecting marine genetic resources using UK craft and for those utilising those resources and associated digital sequence information. Information must be provided to the Secretary of State before and after collection, and information about the results of utilisation should be provided in accordance with the schedule. Clause 4 provides that the Secretary of State may transmit to the BBNJ clearing house mechanism the information provided on collection and utilisation, unless it is protected from disclosure under domestic law. Those clauses are designed to implement the UK’s obligation on information sharing, with the clearing house mechanism facilitating transparency and helping us to deliver on our obligations while protecting information that is not to be shared.
Clauses 5 to 7 impose duties on those managing repositories that hold marine genetic resources from areas beyond national jurisdiction, or databases of digital sequence information on those resources. They must ensure that samples or data can be identified as originating from areas beyond national jurisdiction, provide access, and submit biennial reports. Clause 8 sets out exceptions from the requirements of part 2 in respect of fishing and fishing-related activities, military activities, and military vessels and aircraft, as well as anything done in Antarctica, the marine genetic resources of Antarctica, and the digital sequence information of such resources. The Committee will be aware that this is because the Southern ocean is governed by the Antarctic treaty system, which was part of the debate we had on Second Reading.
Clause 9 provides the Secretary of State with regulation-making powers, including those necessary to implement the UK’s future obligations under part 2 of the agreement. Given that the conference of the parties may adopt further measures once the agreement enters into force, those powers are essential to ensure that the UK can respond in a timely and appropriate manner. The clause also allows for provision for any enforcement of those requirements imposed by or under part 2 of the Bill. We will ensure that there is ample time for scrutiny of additional measures that may be brought in under secondary legislation.
Finally, clause 10 requires guidance to be published in relation to the above-mentioned provisions on marine genetic resources. Those will be prepared by the national focal point in the Foreign, Commonwealth and Development Office and will provide practical illustrations to help institutions and researchers understand the requirements placed on them. The guidance developed will also be laid before Parliament. Taken together, these measures create a clear, proportionate and internationally aligned system that allows UK researchers to continue their world-leading work with confidence, meeting the requirements of the Bill and, in turn, allowing the UK to meet its obligations under the BBNJ agreement.
Jeremy Corbyn
The Antarctic treaty, which was long and hard fought for in this House and other places, has been important and, generally speaking, very successful. But there are issues about the increasing access to the Antarctic, the pollution that this causes and the need to clean up after the substantial number of visitors that go there at present. Is the Minister confident that the resources will be available to ensure that the Antarctic treaty is fully adhered to?
Seema Malhotra
The right hon. Member will be aware that the UK also made a declaration upon the signature of the BBNJ agreement stating that the Antarctic treaty system comprehensively addresses the legal, political and environmental considerations that are unique to that region, and provides a comprehensive framework for the international management of the Antarctic. It is important to recognise that it is also about the international management of the Antarctic, to which we are committed as part of the international community. I thank the right hon. Member for his comments.
In part 3 of the Bill, clauses 11 to 13 implement the provisions relating to area-based management tools, including areas beyond national jurisdiction designated as marine protected areas. Clause 11 contains provision for the Secretary of State to be able to make regulations to implement decisions adopted by the BBNJ conference of the parties under part 3 of the agreement. Many activities under UK jurisdiction or control in areas beyond national jurisdiction, such as fishing, are already regulated domestically, and where existing powers suffice, the clause 11 power will not be needed. However, where new measures are adopted by the conference of the parties, where they require additional controls or restrictions, the clause ensures that the UK has the necessary legislative mechanisms to comply. Clause 12 sets out the parliamentary procedure for regulations made under clause 11.
Clause 13 provides a power for the Secretary of State to issue directions to UK craft, without the need for secondary legislation in order to implement emergency procedures adopted by the conference of the parties. As emergency procedures may require immediate action to prevent serious harm to marine biodiversity, regulations alone may not provide sufficient responsiveness. The clause enables swift operational steps, such as directing vessels to avoid a particular area. Clause 13 is modelled on existing direction-making powers available to the Secretary of State’s representative under schedule 3A to the Merchant Shipping Act 1995. Given the nature of any scenarios that could arise, it is power-limited in scope and emergency in nature.
Part 3 of the Bill ensures that the UK can meet its obligations and exercise leadership in protecting ecologically important areas beyond national jurisdiction.
Matt Rodda
The Minister is making an excellent speech, and I pay tribute to her work and that of the Government in showing UK leadership in this important environmental area. Could she also briefly touch on the importance of working in a multilateral way with partners from around the world, and—perhaps she will move on to this point later in her speech—could she outline how the UK will work with other countries to protect these areas and carry out other important work?
Seema Malhotra
My hon. Friend is absolutely right that this is an area where obviously no nation can work on its own. It has to be done through being influential on the world stage, working through and with the UN, and with our international partners and other nations. Indeed, through the course of all of our conversations, be that in the FCDO, DEFRA or other Departments, we maintain dialogue on this and other important matters in relation to our environment and climate impact around the world. I am grateful to my hon. Friend for raising that issue, because it is another example of where being outward facing as a nation, as this Government have chosen to do, is incredibly important for not just what we achieve at home but our responsibilities on the world stage.
I will make some progress on part 4 of the Bill. Clauses 4 to 19 implement the environmental impact assessment provisions of the agreement, where relevant to marine licencing, and ensure that UK marine-licensable activities and areas beyond national jurisdiction are subject to the appropriate level of scrutiny. Clause 14 amends the Marine and Coastal Access Act 2009 to ensure it can be used effectively to regulate planned UK activities in areas beyond national jurisdiction. Government amendment 1—a minor amendment—has been tabled to omit the heading “on the continental shelf”, which will adjust the 2009 Act so it more accurately reflects the content of this section, including the section that is amended by clause 14 in part 4 of the Bill.
Clause 15 updates the Marine Works (Environmental Impact Assessment) Regulations 2007 to bring them into alignment with the BBNL agreement. Government amendment 2 would add “or person” to subsection (5)(b) as a minor clarificatory amendment to the regulations. Clause 16 allows regulations to be made to implement the standards and guidelines adopted by the Conference of the Parties under article 38 of the BBNJ agreement. Clauses 17 and 18 ensure that equivalent provisions exist for Scotland, amending the Marine (Scotland) Act 2010, and enabling Scottish Ministers to make regulations where it is a devolved competence, and to implement environmental impact assessment obligations for Scottish regulated marine activities.
Clause 19 amends the Levelling-up and Regeneration Act 2023, to ensure that any future environmental outcomes reports can apply to licensable activities in areas beyond national jurisdiction. The BBNJ environmental impact assessment provisions closely replicate our existing domestic arrangements for marine licensing, which operators are familiar with. These are minor technical changes to align our existing regime with BBNJ processes. Together the provisions deliver a coherent and modernised framework for assessing and mitigating the environmental impact of activities linked to the United Kingdom on the high seas.
Sarah Champion (Rotherham) (Lab)
I welcome this Bill. As chair of the Channel Islands all-party group, I was interested that the Minister tabled an amendment that covered just the Isle of Man. Before the Bill goes to the other place, could her officials please consult the Channel Islands one last time to make sure that they do not also need to be included in the Bill?
Seema Malhotra
I thank my hon. Friend for her comments, and yes we will continue those conversations with the Channel Islands.
To conclude, provisions in the Bill would be extended only to British overseas territories and the Isle of Man with their agreement. Clause 25 sets out when most of the Bill’s provisions come into force, and gives the Secretary of State power to make regulations to appoint entry into force and dates for other provisions. In summary, the Bill provides the legal foundation for the United Kingdom’s participation in the new global regime for protecting biodiversity on the high seas. It will enable us to fulfil our international commitments, provide certainty to our scientific and research communities, and demonstrate once again the UK’s leadership in marine conservation. I commend the Bill to the Committee, and look forward to engaging with hon. Members during the debate.
The Chairman of Ways and Means (Ms Nusrat Ghani)
I call the shadow Minister.
Andrew Rosindell (Romford) (Con)
Thank you Madam Chair. It is a privilege, as always, to serve under your chairmanship. I am pleased to speak to the amendments tabled in my name and to those of His Majesty’s Government. I thank the Minister for her detailed explanation of the Bill, which we will all agree has been extremely helpful.
The Bill is a significant measure and commands broad support across the House. In plain English, if implemented correctly, the measures in the Bill could play a major part in protecting the two thirds of our planet that lie beyond any one nation’s control.
As I said on Second Reading, the United Kingdom has a proud record of global leadership in ocean conservation. Our island nation boasts the greatest maritime explorers and conservationists in history. I believe that we have always seen the oceans, which have been key to our national and international success story, as treasures that require protection.
However, as with all international frameworks, even those that are without controversy and especially those that confer upon our Ministers prerogative powers, the details really matter. The amendments proposed by His Majesty’s Opposition are by no means intended to undermine the Bill. Instead, they seek to strengthen it by ensuring that Parliament remains properly informed, ministerial powers are exercised accountably, and the new regulatory burdens placed on British science and industry are managed in a proportionate way.
The first of the amendments in my name relates to clause 7, which deals with reporting requirements under clauses 5 and 6 of the Bill. Those clauses concern, respectively, priorities of marine genetic resources and databases of digital sequence information. As drafted, clause 7 requires a separate report to be provided to the Secretary of State every two years from each repository and each database, detailing the number of times samples or data have been accessed, viewed or downloaded. Our amendment, simple though it may seem, would allow those two reports to be combined into a single report, provided that all the necessary information is fully included. It is a modest step to reduce duplication and unnecessary bureaucracy.
Many institutions, whether they be our universities, the Natural History Museum or the National Oceanography Centre, among many other institutions in this country, will operate both repositories and databases. It makes no sense to require two separate reports when a single consolidated report could serve exactly the same function. The scientists of our island home lead the world in marine biodiversity research. We should ensure that compliance with this new regime is as straightforward as possible, while still meeting our obligations under the agreement. The amendment, therefore, aims to strike a sensible balance between upholding the requisite protections prescribed by the treaty, while ensuring that we do not unnecessarily hinder our researchers, especially those belonging to smaller enterprises or university projects. I hope that the Minister will view it in that way.
Our second amendment introduces new clause 1, “Powers of the Secretary of State: review”, which would require the Secretary of State, within three years of the Act coming into force, to lay before Parliament a report on the exercise of the powers conferred by the Bill. The report would describe how those powers have been used, for what purposes, and, crucially, how effectively they have been implemented. It would also assess whether the use of those powers has aligned with the objectives of the international agreement itself
We live in a nation where Parliament is sovereign. While I respect that this is not a unique case, nevertheless Parliament is owed the right to proper scrutiny. The Bill grants extensive powers to the Secretary of State: powers to make regulations that could amend primary legislation, impose civil sanctions and even create new offences. Clauses 9 and 11, in particular, confer broad regulatory authority to implement future decisions of the international conference of the parties. It is entirely appropriate that Parliament should have the opportunity, after a period of operation, to review how those powers have been used. We have seen in other fields that delegated powers can expand far beyond what Parliament originally intended, so a statutory review clause would ensure that we learn from experience and recalibrate if necessary.
New clause 2 would enhance trust and, I think, trust in the treaty itself. The general public and Parliament want assurance that international obligations are implemented in the interests that have been set out by international agreements and, importantly, in our own national interest, and that the Government remain answerable to this House for the way in which they do so. I believe a report after three years is hardly an onerous expectation. It would create a constructive means of evaluating whether the mechanisms in the Bill are working as intended and strengthen rather than hinder the effectiveness of this legislation.
Amendment 5 concerns clause 12, which sets out the procedure for regulations under clause 11. Clause 11 allows the Secretary of State to make regulations in response to decisions taken by the conference of the parties under the agreement, including in relation to area-based management tools, such as marine protected areas, and emergency measures under article 24. Clause 11(3)(c) specifically allows the Secretary of State to charge fees in connection with the exercise of functions under those regulations. However, as currently drafted the Bill does not require those fee-setting regulations to be subject to the affirmative resolution procedure. Our amendment would correct that and ensure that any regulations enabling the Minister to set fees are subject to a level of parliamentary scrutiny.
Fees are in effect a form of taxation. They may affect universities, research institutes and private companies engaged in marine science or biotechnology. The sums may not be vast, but they are nevertheless material. It is only right that Parliament should have the chance to debate and, if necessary, amend or reject such regulations before they take effect. The affirmative procedure is a reasonable safeguard, and I hope the Government will agree.
Finally, I turn to new clause 2, which would require biennial reporting on the implementation and enforcement of the Bill. Under this proposal, the Secretary of State would be required to lay before Parliament a report every two years, beginning within two years of enactment, detailing how the Bill is being implemented and enforced. The report would include data on access to samples and digital sequence information; information on the number and nature of the enforcement actions; an assessment of the impact of the Bill on business, scientific research and the fishing industry; a summary of any regulatory changes made under the Bill; and an assessment of the impact of those changes. The intention of the new clause is to keep Parliament and the public informed about how this complex framework works in practice.
This Bill touches on sensitive and wide-ranging interests, such as environmental protection, scientific innovation, intellectual property and economic activity on the high seas. It is right that we protect biodiversity, but we must also ensure that the UK remains a place where science and enterprise can flourish, as they always have done before. Regular reporting would help us to understand whether the balance is being struck correctly.
Are our scientists able to conduct research without being bogged down in excessive paperwork? Are our marine industries able to operate competitively while meeting environmental standards? Those questions need to be answered. Are our enforcement agencies adequately resourced? That is another important question the Minister needs to reassure the House on. These are legitimate questions that will inevitably deserve answers. I believe that such transparency would demonstrate leadership internationally. The UK has always prided itself on being a model of good governance. By voluntarily reporting on our own implementation of the agreement, we can encourage other nations to do likewise.
Amanda Martin (Portsmouth North) (Lab)
It is a privilege to serve under your chairmanship, Ms Ghani. I want to speak on this Biodiversity Beyond National Jurisdiction Bill both as the Member for a coastal community, and as someone who is truly fortunate to have dedicated environmental campaigners locally. I want to thank one constituent in particular, Viola. Her emails cover everything from ocean acidification to regenerative farming and the health of our chalk streams. Although I cannot always provide the answers that she needs, I thank her for her valued, informed and tireless campaigning.
Much of what Viola raises is exactly why this Bill matters. It matters for the important issues of pollution, harmful algae blooms in Langstone harbour, and the need to protect local bird species and our drinking water. We must be proactive on ocean heating, bottom trawling and the worrying tipping points we face in ocean acidification, as well as on regenerative farming, reducing pesticides, and protecting soil health, so that rivers, seas and pollinators can recover. Although this Bill focuses on biodiversity beyond the national jurisdiction, the principle is the same. What happens in our oceans—from the south coast to the high seas—affects us all. That is why the Government have tabled amendments to strengthen the Bill and provide clarity and accountability.
I particularly note Government amendment 1, which updates section 81 of the Marine and Coastal Access Act 2009 so that it accurately reflects the extended conservation responsibilities created by this legislation. This may seem technical, but accuracy matters, especially when we are embedding in law stronger protections for vulnerable marine ecosystems, including those far beyond our waters. Through this Bill, we will ensure that the UK plays a serious, leading role in implementing the high seas treaty, tackling the over-exploitation of shared oceans, and improving transparency and reporting. Government amendment 2, which tightens the environmental impact assessment provisions, will help to ensure that the framework that we set up is robust, enforceable, and capable of delivering real biodiversity gains beyond our borders.
While stakeholders may not always agree on how best to align planning reforms with environmental goals, we have a shared mission to restore nature, not merely preserve what is left. This Bill is one part of that mission. By strengthening the UK’s hand in protecting biodiversity on the high seas, the Bill reinforces the protection we all want to see everywhere from Langstone harbour to Antarctica. It demonstrates leadership and this Government’s commitment to restoring nature on every scale.
The Chairman of Ways and Means (Ms Nusrat Ghani)
I call the Liberal Democrat spokesperson.
Dr Roz Savage (South Cotswolds) (LD)
It is a pleasure to serve under your chairmanship, Ms Ghani. I am honoured to support the passage of this Bill, along with my Liberal Democrat colleagues. It is a real pleasure to see people across the House who have been long-time champions for the ocean. Many people would have liked to have been here tonight, but are forced to be absent by COP30. They will be watching from afar and wishing us well.
I thank the Minister for taking us in detail through the provisions of the Bill, and the shadow Minister, the hon. Member for Romford (Andrew Rosindell), for setting out his amendments. It perhaps falls to me to remind those in the House and beyond of just how significant a step this Bill takes. It may not be enough to save the oceans from their catastrophic decline in health, but it is certainly a big step in the right direction.
The oceans cover two thirds of the planet. The high seas—the areas of the ocean beyond national jurisdictions —make up nearly half the world’s surface and much of its liveable volume. Up until now, they have existed in a legal grey zone, vulnerable to exploitation, and they certainly have been egregiously exploited. The high seas are essential to life not just in the seas, but on dry land, too. With this Bill, the UK finally places itself in a position to uphold the new global agreement to protect ocean biodiversity. It is long overdue and much damage has been done, but it is none the less deeply welcome.
We often speak about forests and land ecosystems, yet the ocean is the Earth’s most powerful driving force, regulating our climate, generating oxygen, absorbing carbon and heat, feeding billions, sustaining cultures and anchoring our weather systems. As anyone who has spent much time out there knows, the ocean’s power is matched only by its fragility. During my crossings of the Atlantic, Pacific and Indian oceans, I came to understand the sea in an intimate way. Alone in a small boat, weeks or months from the nearest coast, you are immersed in the rhythms of the ocean, with its long rolling swells, the astonishing wildlife that appears from the deep, and the immense silence that settles when the wind drops away to nothing. At times, the ocean felt overwhelmingly powerful, and at others unexpectedly tender.
The lessons that I learned on the ocean have stayed with me, especially the lesson that survival depends not on domination, but on partnership. It is not survival of the fittest; it is about the species that fits in best with its surrounding ecosystem. Humans would do well to remember that. That is why I am particularly heartened to see that today we have genuine cross-party alignment. When Parliament chooses collaboration over confrontation, we show what is possible. It echoes the spirit that I felt when I first introduced the Climate and Nature Bill earlier this year, and I give huge credit to my co-sponsors, a genuinely cross-party group of Labour, Conservative, Lib Dem, Green, SNP and Plaid Cymru MPs. That consensus across the House was based on the understanding that long-term environmental policy works only when it transcends party politics, rather than being used as a political football. I am proud that the Climate and Nature Bill campaign contributed to the ratification of this treaty, and I commend the Government on following through on their promise to all the hard-working campaigners.
We must recognise the headwinds internationally and domestically. Some voices are questioning climate ambition, watering down commitments or treating environmental progress as optional. We cannot afford that drift. Climate and ocean policy must be future-proofed against short-term politics. Nature does not bend to electoral cycles.
Dr Al Pinkerton (Surrey Heath) (LD)
As my hon. Friend well knows, 94% of the UK’s biodiversity lies within the waters of our overseas territories. Just north of the Falkland Islands is the so-called blue hole, an area of unregulated fishing beyond national jurisdiction. It is an area where trackers are turned off and illegal fishing takes place. Does she agree that the ratification of the BBNJ agreement may provide the opportunity—the common cause—to tackle intractable geopolitical issues that have led to that lack of regulation, and may point to a way forward for the international co-operation of which she speaks?
Dr Savage
I agree with my hon. Friend that the treaty can help to provide clarity about previously unregulated areas. Many countries have already ratified it, which shows that ocean conservation really can unite us where, in the past, there has been disunity.
While I welcome the speed with which the Government have introduced the Bill following the Climate and Nature Bill, thus giving us a seat at the table at the first ever ocean COP next year, it is a little disappointing that the UK was not one of the first 60 nations to ratify the agreement. We hope to be a country that leads on climate diplomacy, so we should not arrive late at the crucial environmental treaty of the decade. While many of our colleagues are in Belém, and with the world preparing for that first ocean COP, the UK must demonstrate not only that it supports global ocean governance in theory, but that it is prepared to deliver it in practice. It is also vital to recognise that the health of our oceans depends on the health of our land-based environment; one cannot heal without the help of the other. We need to decrease our carbon emissions on land if we are to slow ocean acidification, which threatens plankton, ecosystem health, and the millions of people whose lives and livelihoods depend on the ocean.
This responsibility starts at home. That is why the Liberal Democrats have long been pushing for the strongest possible marine environmental targets, both domestically and internationally. If we want credibility internationally, we need coherence domestically. Our own marine protected areas must live up to their name, which means ending destructive practices such as bottom trawling and implementing a clear, science-driven ocean strategy that rises above and goes beyond departmental silos and party-political lines. A strong stance on the high seas will ring hollow if our waters remain vulnerable. The public understand that, the environmental community understand it, and I know that many Members on both sides of the House understand it too. I join my Liberal Democrat colleagues in calling for a coherent oceans policy that joins up our commitment to international waters with stronger protections at home.
As I draw to a close—[Hon. Members: “Hear, hear!”] I am getting there! Let me just say this. If we choose to pursue a strategy of high ambition, the UK can once again be a leader in global ocean protection, championing the first generation of high-seas sanctuaries, pushing for robust monitoring and enforcement, supporting small island states, and ensuring that the benefits of marine science are shared fairly. So yes, the Liberal Democrats welcome the Bill. It enables the UK to participate fully in the new regime for marine scientific resources, for marine protected areas, and for stronger environmental impact assessments. It is necessary, but it is not sufficient. The work that follows will determine its true legacy, and I trust that the Government will continue to draw on the support and perspectives of Members on both sides of the House to secure the wellbeing of the oceans for generations to come.
Jeremy Corbyn
It is a pleasure to follow the hon. Member for South Cotswolds (Dr Savage). Every time she describes her ocean journeys, I think of that wonderful poem “The Rime of the Ancient Mariner” by Coleridge, which she must have repeated to herself dozens of times while pulling on those oars.
I repeat, very briefly, my welcome for this good Bill, which will hopefully lead to much greater protection for the oceans. However, I want to ask the Minister to respond to one question. Over the years, we have been through all kinds of arguments about Antarctica, from the original Thatcherite concept of mineral extraction to, much later, the protection of the whole continent and the seas around it. On the whaling industry that was, is the Minister satisfied that there are sufficient protections, including for the whales that have survived, and for the growth in their numbers? There are still endless reports of illegal whaling on the continent, particularly by Japan but also by other countries.
The hon. Member for South Cotswolds rightly raised the issue of plastic pollution. There are many wonderful schemes to try to clean up the plastic island in the Pacific ocean and ensure that the plastic is recycled in a proper manner. That is good, and we hope that it will be clean by 2040. The problem, as I understand it, is that two thirds of the plastic is actually under the ocean and not on the surface. Therefore, something else has to be done, but crucially, it is up to us to decide how much plastic flows into the oceans through our rivers, through dumping and through illegal activities. It is the responsibility of our water industry and sewage disposal system to ensure that plastic does not flow into the ocean.
Barry Gardiner (Brent West) (Lab)
Does the right hon. Gentleman agree that one of the most important things the Government can do at COP1 when it meets next year is to establish a regime with the other members of the conference of the parties on how enforcement of the new treaty will take place?
Jeremy Corbyn
Absolutely. That is a very good intervention, and I completely agree with the hon. Member on that point. We have to bring into the enforcement regime those countries that are the worst polluters, the ones that are most guilty of overfishing and those that are most guilty of turning a blind eye to fishing companies that do that. It is not an easy gig, but it is very important to do it. If we do not do it, fish stocks will reduce, biodiversity will reduce and pollution will get worse. Ultimately, those who eat fish will be eating plastic fish.
Seema Malhotra
In the interests of time, I will do my best to come back to Members on the amendments they have spoken to. The contributions from the hon. Member for South Cotswolds (Dr Savage) and my hon. Friend the Member for Portsmouth North (Amanda Martin) showed the importance of a healthy marine ecosystem that underpins global fisheries and climate regulation. The BBNJ agreement is an essential step towards protecting marine biodiversity and the creation of marine protected areas in areas beyond national jurisdiction.
I will speak briefly about the amendments tabled by the shadow Minister and our reasons for not supporting them. I recognise his point about reducing burdens, which is on all our minds, and I thank him for tabling his amendments. However, the Government consider that amendment 4 is not necessary, as the ability to provide a single report already exists. If the person who controls the repository on which a report is required is the same person who controls the database on which a report is required, there is nothing in the Bill that prevents them from providing a single report covering both elements. I hope that is of some reassurance to the hon. Gentleman.
On new clause 1, I think it would be helpful to say that as we do not currently know when or if the powers in the Bill will be used, we believe that our approach of a post-implementation review after five years provides the necessary flexibility to review the implementation of the Bill at a more appropriate point. We therefore do not think that new clause 1, tabled by the shadow Minister, is needed.
On amendment 5, the purpose of the enabling provision for the charging of fees under clause 11(3)(c) is to allow for the recovery of costs associated with the carrying out of functions. This is standard practice to ensure effective use of public money, as set out in the Treasury’s “Managing Public Money” guidance. Regulations made under clause 11 that amend an Act of Parliament, create a civil sanction or vary the maximum amount of a monetary penalty, and so on, are regulations that also contain provision for the charging of fees, which are already made by the affirmative procedure. The shadow Minister may not have been aware of that detail, but I hope it will reassure him.
On new clause 2, we believe that the consequences of the various reporting requirements it would introduce would be disproportionate to the value it would provide. There is also a risk that it would duplicate existing processes, misalign with the international reporting cycle and increase the burden on entities providing information in the reports.
Finally, it may help to reassure the shadow Minister if I say that engagement with scientific stakeholders suggests that the notification and other requirements are unlikely to impose a significant burden. Indeed, the BBNJ agreement will benefit the scientific community by encouraging information sharing and supporting scientific and technological development. I hope that reassures him that we have considered his amendments and that we have reason for not supporting them.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 6 ordered to stand part of the Bill.
Clause 7
Supplementary provision
Amendment proposed: 4, page 5, line 4, at end insert—
“A single report may be submitted for the purposes of sections 5(2)(c) and 6(3)(c), provided that any such single report meets the requirements in sections 5(3) and 6(4).”—(Andrew Rosindell.)
This amendment would permit a single report to be provided to the Secretary of State for the purposes of fulfilling reporting requirements under clauses 5 and 6.
Question put, That the amendment be made.
Seema Malhotra
I beg to move, That the Bill be now read the Third time.
If there is one message that Members should take from today’s debate, it is that this Bill is essential—essential to protecting the ocean, advancing marine science and ensuring that the UK continues to lead ocean protection efforts on the international stage. This is a landmark piece of legislation. It will, along with the subsequent secondary legislation, enable the United Kingdom to ratify the biodiversity beyond national jurisdiction agreement to protect marine biodiversity in the two thirds of our ocean that lie beyond any one nation’s control.
The Bill means that the UK can play its full part in shaping a fair, science-based international system for areas beyond national jurisdiction, one that balances conservation, sustainable use and global collaboration. It delivers on our international commitments and ensures that British scientists, institutions and innovators remain at the forefront of ocean research and biotechnology.
Let me take this opportunity to thank Members across the House for their thoughtful contributions and scrutiny of the Bill at every stage. The work of the all-party parliamentary group for the ocean and of environment Committees has been crucial to keeping the Bill high on the agenda. I am grateful to those who spoke on Second Reading, have taken part in the Committee of the whole House and have engaged constructively throughout. I would also like to thank my hon. Friend the Minister for Water and Flooding for her support throughout the passage of the Bill.
I also thank officials from the Foreign, Commonwealth and Development Office, the Department for Environment, Food and Rural Affairs and the Department for Transport, whose expertise, along with that of parliamentary draftspeople and other officials across Government, has underpinned the Bill. I thank, too, the devolved Governments for their engagement on the Bill and legislative consent processes. Finally, I acknowledge the scientific community, from the National Oceanography Centre to the National History Museum, and our universities, which have been pivotal in presenting the need for this legislation.
Let us be clear why this Bill matters. The ocean regulates our climate. It sustains global fisheries. It provides half the oxygen on Earth. Protecting it is not just an environmental choice; it is an economic, scientific and moral imperative. The previous Government began this process by signing the BBNJ agreement in 2023, but they delayed bringing forward legislation. This Government are now finishing the job, taking the necessary steps to implement their obligations in UK law and to ratify the treaty.
By passing this Bill, the House will send a clear message that the United Kingdom will continue to lead the world in the protection of our shared ocean, that we stand with our partners to deliver a healthy, sustainable ocean and that we will do so grounded in science and international co-operation. This is our responsibility today and for future generations. For those reasons, I commend the Bill to the House.
Andrew Rosindell
I thank the Minister for guiding the Bill through Parliament and echo her thanks to all those involved in its passage. I am pleased about the cross-party agreement on the Bill—that is as it should be.
On behalf of His Majesty’s official Opposition, I state my support for the core purpose of the Bill. It is right that we act to safeguard the biodiversity of the high seas, promote the fair and equitable sharing of benefits from marine genetic resources, and establish clear assessment and management tools to prevent harm to the ocean environment. It was on that basis that, as has been acknowledged, the previous Conservative Government played a key role in negotiating the treaty in the first place. The United Kingdom should meet the obligations prescribed in the treaty, with the leadership for which we are known around the world. As an island nation with a proud maritime heritage stretching back centuries, we understand better than most nations the value and the vulnerability of our oceans.
However, although the Bill enables us to fulfil our treaty commitments, it also assigns wide-ranging powers to Ministers to implement future decisions taken by international bodies—decisions that could, in time, have significant implications for British science, industry and innovation. Parliament must retain the ability to scrutinise, question and, where appropriate, challenge the use of those powers. That was the spirit behind our amendments, reflecting the fundamental principle that international co-operation must never come at the expense of proper democratic oversight by this House.
The United Kingdom’s long-established record as a custodian of the seas is strengthened by the extraordinary biodiversity of our overseas territories. The Blue Belt initiative—which includes many of our territories, including Pitcairn, Anguilla, South Georgia and the South Sandwich Islands, the Falkland Islands and the British Indian Ocean Territory—has rightly made Britain a global leader in marine protection. I therefore welcome the Bill’s application to the overseas territories under clause 20—and now, through the Government amendment to clause 24, to the Isle of Man—but proper consultation with those territories and dependencies, which is essential, has been starkly absent from the Government’s shameful handling of the Chagos Islands. Our overseas territories are part of the British family and deserve to be treated with the respect and consideration that such a relationship demands.
The challenge of protecting the oceans is neither partisan nor subject to open conflict between nations. Our seas sustain every nation, and the success of such co-operation on the high seas will depend on the integrity of domestic implementation. If we are to lead internationally, we must first put our own house firmly in order, as we are doing in passing the Bill.
As we send this Bill to the other place, I hope that the Government will reflect on the constructive contributions made from across the House and ensure that the final Bill upholds our environmental responsibilities and our democratic principles. Britain can and must lead by example. We owe it to future generations to get this right. As Sir David Attenborough said:
“If we save the sea, we save our world.”
Question put and agreed to.
Bill accordingly read the Third time and passed.