Biodiversity Beyond National Jurisdiction Bill

Debate between Nusrat Ghani and Andrew Rosindell
Andrew Rosindell Portrait Andrew Rosindell (Romford) (Con)
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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.

Biodiversity Beyond National Jurisdiction Bill

Debate between Nusrat Ghani and Andrew Rosindell
Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. I am overseeing the debate. If the hon. Member had been in the wrong debate, I would have pointed it out.

Andrew Rosindell Portrait Andrew Rosindell
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Thank you, Madam Deputy Speaker. Some of us do care about our British overseas territories and the marine environment. Some of us have made these arguments for many, many years, as have many on the Government Benches. If we are to take this issue seriously, we need to take our responsibilities seriously. Otherwise, future generations, not just in this country but across the world, will look back at this debate and what we are doing today, and think, “What on earth were they doing, giving away such a vital part of the planet that we are responsible for?”

Either the Government truly believe that Mauritius will reverse course and persuade China to respect this marine protected area, or, as I am afraid the Chagos surrender treaty implies, we shall end up doing the heavy lifting while paying for the privilege. Forgive me for not being entirely convinced, but I do not believe that the statistics I have cited are those of a nation ready to take on responsibility for one of the world’s most delicate marine ecosystems.

Scientific assessments show that live coral cover in Mauritian waters fell by up to 70% in the late 1990s, while coastal erosion and reef degradation continue unchecked. A United Nations review in 2022 found that, while on paper Mauritius has environmental laws, enforcement is inconsistent, community involvement is limited and responses to emerging threats such as ocean acidification remain inadequate. Unbelievably, seagrass beds, which are vital for carbon storage and marine biodiversity, are still cleared to make way for tourism development. Is this really the environmental guardian that Ministers are entrusting with 640,000 sq km of some of the most pristine ocean on earth? It beggars belief.

We need to look around the world to see what happens when Chinese fishing interests move in. In Ecuador, thousands of octopuses and sharks have been left dead on the shore because of illegal fishing by Chinese vessels. We need to guard against that in future. Off the coast of Ghana, fishermen’s catches have fallen by 40% due to Chinese bottom trawlers decimating local fish stocks. Around the Korean peninsula, squid populations have collapsed by 70%. I hope that this legislation and this agreement will help to protect the oceans around the world and countries where there are no protections at the moment. If the Chagos islands are handed over, the same fleets will soon appear in some of those waters, and Chagos will be at the mercy of exploitation.

That is the context in which the House is considering the Biodiversity Beyond National Jurisdiction Bill. It runs to 26 clauses, as the Minister has said. It is impossible to run through them all today, but no doubt we will look at them in greater detail in Committee. There are, however, several points that must be addressed in today’s debate.

When will ratification happen? Clause 25 provides for the commencement of regulation, but without any statutory deadline or parliamentary trigger, leaving ratification entirely at the discretion of the Secretary of State. To add to that, clauses 9 and 11 grant far-reaching powers to the Secretary of State to make regulations to amend existing Acts of Parliament by secondary legislation. Where is Parliament’s role in that? How will the House scrutinise decisions taken by the conference of the parties under the agreement? Will we be consulted before international rules are imposed on British institutions and industries? Will British waters or those of our overseas territories ever fall under the jurisdiction of a foreign or supranational regulator? We surely cannot allow global bureaucracy to override British parliamentary sovereignty.

Beyond the question of control lies the spectre of bureaucracy. Clauses 2 and 3 impose heavy reporting duties on marine research and genetic sampling. Clause 16 allows still more procedures by regulation. Has the Department assessed what that will cost in time and money for our scientists and shipping operators and for legitimate researchers? How will small British enterprises compete if they face mountains of paperwork, while less scrupulous nations exploit the same waters freely? We all support high standards, but in the world we currently live in, we cannot afford to lose innovation or competitiveness.

Then there is the matter of expense. The impact assessment admits that compliance, licensing and enforcement will not be cheap, yet provides little detail on who pays. At a time of fiscal restraint, when every Department must justify every pound spent, can the Minister explain whether this legislation will truly be the best use of taxpayers’ money? How much will it cost to implement the BBNJ regime in full? Will the task of monitoring fall to the Royal Navy or the Marine Management Organisation, and what extra resources will they receive to do the job? What is the cost-benefit ratio, and have the Government assessed whether there could be indirect impacts on the taxpayer?

What of the impact on British industries, fishermen, offshore energy and biotechnology? Can the Minister assure us that British fishermen will not face restrictions, that our energy sector will not be burdened by impractical licensing demands, and that our biotech pioneers will not find their discoveries trapped in international bureaucracy?

Andrew Rosindell Portrait Andrew Rosindell
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The Minister will have plenty of time to explain all these matters in detail in Committee. This is Second Reading, when we raise issues of concern. I look forward to Committee, and to all my questions being answered at that stage, if not today. I thank her for her intervention.

What safeguards will protect British intellectual property in marine genetic research? Will the benefit-sharing provisions prevent our scientists from developing the fruits of their own work? Will other nations shoulder equal obligations, or will Britain be left carrying the cost because we are doing the right thing and others are not? Our research institutions are some of the most prestigious global leaders in the marine sector, whether it is the Natural History Museum, the National Oceanography Centre or our magnificent universities. First and foremost, there must be a guarantee from the Government that this Bill will not drown them in red tape.

Clause 20 rightly extends the Bill’s provisions to the British overseas territories, which are central to our environmental success story. From the Pitcairn islands, with their 35 residents, to Tristan da Cunha, home to barely 240 residents, these far-flung Britons have shown what small communities can achieve for global conservation when they have British support. But how can they have confidence in the Government’s assurances when they witness what is happening in Chagos? If Ministers are willing to trade away one British territory without consultation or consent, what message does that send to the rest? I remind the House that conservation with the loss of sovereignty and without credible means of enforcement is a hollow virtue. The United Kingdom has a record to be proud of, from Captain Cook to David Attenborough. We must build on that record and not undermine it with rushed ratification.

If Ministers will answer the questions that I have laid out, and if they will commit in statute to parliamentary oversight, a fully costed implementation plan, explicit safeguards for British science and intellectual property, and legally enforceable protections for the overseas territories, many on the Conservative Benches will consider how to support measures that genuinely conserve our seas. If they will not, I and others—

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. Mr Rosindell, can I check that you are nearing your conclusion?

Andrew Rosindell Portrait Andrew Rosindell
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I was literally about to get there, Madam Deputy Speaker.

If Ministers will not do so, I and others will oppose any step that weakens Britain’s hand. I end where I began. As Conservatives, our principle is that we want to conserve, to keep safe, to steward and to defend what we are responsible for. We must be true to that principle. We must continue to act as custodians of the seas in a way that respects our sovereignty, honours our obligations to our descendants and protects the livelihoods and ecosystems that depend on the United Kingdom.

Business of the House

Debate between Nusrat Ghani and Andrew Rosindell
Thursday 4th September 2025

(2 months, 2 weeks ago)

Commons Chamber
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Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. May I urge colleagues to keep their questions short, and the Leader of the House to keep her answers just as short?

Andrew Rosindell Portrait Andrew Rosindell (Romford) (Con)
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The Leader of the House will be aware of the outrage across the country regarding illegal immigration, asylum hotels and now the huge increase in the number of houses in multiple occupation. This is happening on a large scale in Romford, with a massive boom in HMOs. My constituents want to see an end to illegal immigration and the housing of asylum seekers in local hotels. However, transferring the problem to roads and neighbourhoods, and putting families and children at risk in residential streets, is not acceptable. Will the Leader of the House allow for a debate on the Floor of the House on the need to adopt an urgent strategy to end the use of hotels and HMOs for this purpose?

Oral Answers to Questions

Debate between Nusrat Ghani and Andrew Rosindell
Tuesday 1st April 2025

(7 months, 2 weeks ago)

Commons Chamber
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Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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I call the shadow Minister.

Andrew Rosindell Portrait Andrew Rosindell (Romford) (Con)
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The Government have finally admitted to front-loading payments to Mauritius for their surrender deal, caving in to Prime Minister Ramgoolam’s demands since he took office in November. Yet they still refuse to disclose the amount or clarify which budgets will cover the lease, economic partnership and Chagossian trust fund. Why the secrecy? Will the Minister disclose the details now? Will he also confirm whether the statement from the Prime Minister of Mauritius is correct in saying that concessions have been made, including the loss of sovereign rights on Diego Garcia and of unilateral lease renewal provisions? When will this horrific deal finally come to Parliament, and what time will be provided to debate it? Or, better still, why does the Minister not dump the deal completely and keep Chagos British?

House of Lords (Hereditary Peers) Bill

Debate between Nusrat Ghani and Andrew Rosindell
Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. Interventions are made by colleagues who have been contributing and spending time in the Chamber and not just wandering in; the hon. Member got very lucky just then. Mr Rosindell, please go ahead.

Andrew Rosindell Portrait Andrew Rosindell
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I say to the hon. Gentleman that it is quite the opposite. There are many Members of the House of Lords—life peers and hereditary peers—who take the Conservative Whip but who frankly act like independents, doing what they believe is in the interests of our country. That can be said for many on the Labour side as well. He will find that there are many more rebellions and people voting in different ways in Parliament in the Lords than in the Commons, because they are there to serve and they do not face re-election. For that reason, they are not subject to the usual pressures —lobbying, the Whips and all the rest of it—that we are all subject to, and that is why having that element is so important and is part of the mix that makes up the success of our Parliament.