Biodiversity Beyond National Jurisdiction Bill

Andrew Snowden Excerpts

Consideration of Lords amendments
Monday 2nd February 2026 Commons Chamber

[Mr Andrew Snowden (Fylde) (Con)]

The Opposition recognise the importance of this Bill and the shared international ambition to protect the world’s oceans and marine ecosystems. We support the principle of effective global co-operation in this area and we want this legislation to succeed. However, it is precisely because of the Bill’s significance, its reach across the devolved Administrations and its potential financial and regulatory consequences that it demands the highest standards of scrutiny and clarity. It is in that constructive spirit that I wish to raise a number of questions for the Minister today. I hope that, in that same constructive spirit, she seeks to answer them fully.

We know that the Government tabled quite a number of amendments to the Bill on Report in the House of Lords. Those amendments are before us today. It is rather disappointing that the Government needed to do this at such a late stage in the Bill’s passage. As my noble Friend Lord Callanan said in the other place, tabling amendments at such a late stage was not conducive to the best Lords scrutiny. Does the Minister accept that the work with the devolved Administrations that led to the tabling of these amendments should have taken place earlier? Are lessons going to be learned for future legislation?

On the new clauses on consultation with Scotland and Northern Ireland to be inserted after clauses 9 and 12, can the Minister confirm that this definitely does not stray into legislative consent territory? Can she also set out what would happen if Scottish or Northern Irish Ministers did not approve of measures during the consultation process? Regarding the new clause to be inserted after clause 12 relating to the new regulation-making power, what would happen if, say, the Scottish Government decided to take a divergent path or set up a system that put themselves at odds with the UK Government’s position? Is there a risk to the operability of the system there?

The Government’s own impact assessment found that this Bill would generate compliance costs for those involved in the collection and utilisation of marine genetic resources and related digital sequence information. What steps are the Government taking to ensure that those costs are not prohibitive to the very research we are hoping to promote through the Bill? While there are still many unanswered questions about enforcement, it is hard to see how the compliance, licensing and enforcement will be cheap. What level of resource is going to be put into enforcing the regime? A Ways and Means resolution is required for this Bill precisely because it will lead to costs to the public purse, so what assessment have the Government made of the value for money in this respect, and what is the cost-benefit ratio?

The final-stage impact assessment also refers to potential future costs if emergency legislation is needed to respond to any further decisions made by the convention on biological diversity. Can the Minister clarify the parameters? What are the Government anticipating, how much money do they assess might be involved, and are they planning to ensure that the risk of unintended consequences is mitigated?

It would be impossible not to mention the tension between the Government’s ambitions with regard to this Bill and their surrender of the Chagos islands, which may well see the dismantling of an exemplar marine protected area. Can the Minister tell us exactly what undertaking Mauritius has given to the MPA? Will she identify any red lines that the Government have clearly set out, and will she tell us precisely what continuing role Britain will play in MPA management in respect of the terms of the treaty? For example, have the Government had any discussions about preventing damaging Chinese trawler boats from accessing the MPA?

We all share the objective of protecting our oceans and safeguarding biodiversity beyond national jurisdiction —indeed, that is why it was a Conservative Government who first signed up to the biodiversity beyond national jurisdiction agreement—but good intentions on their own are not enough. The House is entitled to clear answers on scrutiny, devolution, operability, cost, enforcement and value for money, as well as honesty about how the Bill sits alongside the Government’s wider actions on marine protection in the British overseas territories. Until Ministers can provide that clarity and reassurance, there remains a real risk that a Bill designed to lead internationally will instead create uncertainty at home. I urge the Minister to respond fully to the questions raised today, so that the House can be confident that this legislation is workable, proportionate and worthy of the ambitions that the Government have for it.

[Madam Deputy Speaker (Judith Cummins)]

I call the Chair of the Environmental Audit Committee.

--- Later in debate ---

[Seema Malhotra]

I thank hon. Members for their contributions. I will make a couple of comments about the timing of amendments in the other place. There have been ongoing discussions with the devolved Governments. It is important to recognise this Government’s respect for the devolution settlements and our adherence to the principles underpinning the Sewel convention; we aim for them to be our core considerations and to inform how we work. We have been working closely with Scotland, Wales and Northern Ireland to get agreement on moving forward with this legislation together, and that was part of the reason for the delays.

[Mr Snowden]

Will the Minister give way?

[Seema Malhotra]

I will make some progress.

I acknowledge the importance of moving ahead quickly with the Bill to ensure that we have a seat at the table for discussions with other parties to the agreement, including on MPAs. We wanted to ensure that the Bill’s provisions in devolved areas were watertight, which is why we had constructive conversations with the devolved Governments.

Part 2 obligations do not apply to fishing. The hon. and learned Member for North Antrim (Jim Allister) has left his place, but he can be reassured that the Northern Ireland Assembly will have concurrent powers to implement provisions in areas of devolved competence. Under part 3 of the Bill, the UK will be involved in MPA decisions and will carefully consider the impacts on fishing.

In relation to the comments raised regarding multilateral co-operation, I want to mention some ways in which we continue to work with other states to support ratification. We continue to be proactive in preparing for implementation of the BBNJ agreement, and we are committed to partnering with others, including the global south, to ratify and implement it. Indeed, the Foreign, Commonwealth and Development Office has worked with the Commonwealth Secretariat to support smaller member countries with their implementation work. The Department for Environment, Food and Rural Affairs has also published research that developed a shortlist of potential area-based management tools, including marine protected areas, that could be proposed once the agreement is in force.

My hon. Friend the Member for Rotherham (Sarah Champion) asked about the process of the Bill. Following the passage of the Bill, we will be laying two statutory instruments, one of which will define digital sequence information for the purposes of the BBNJ legislation. The other, along with an associated Scottish Government SI, will amend the marine licensing regime, where needed, to implement part 4 of the BBNJ agreement on environmental impact assessments. Those will be progressed as soon as the BBNJ Bill has received Royal Assent. Once the SIs have been passed, we will be able to ratify the agreement by laying the instrument of ratification formally at the United Nations in New York. We are keen to see that happen as quickly as possible, as I know my hon. Friend is.

The shadow Minister, the hon. Member for Fylde (Mr Snowden), asked about legislative consent motions. While foreign affairs and treaty making are reserved matters, implementing international obligations in domestic law is not reserved where those obligations concern devolved areas. Several provisions in the Bill, particularly in parts 2, 3 and 4, relate to matters such as environmental protection and scientific research, which fall within devolved competencies for Scotland and Northern Ireland. Consequently, the legislative consent motion process is engaged to varying degrees. The assessment of whether legislative consent motions are required for this Bill has been agreed across the relevant UK Government Departments, including the Scotland, Northern Ireland and Wales Offices, and in consultation with the devolved Governments.

The shadow Minister also asked whether there is a risk that requirements in Scotland for an environmental impact assessment for marine activities in areas beyond national jurisdiction might be different from those in other parts of the United Kingdom. It is the case that Scotland could choose to implement the requirements slightly differently. We will continue to work closely with the Scottish Government to ensure that differences are kept to a minimum and that the United Kingdom as a whole takes a consistent approach. That is very much in the spirit in which we have been working, collaboratively, to respect devolution settlements while recognising the importance of this agreement to both the Scottish and UK Governments. That has been an important part of how we have progressed.

[Mr Snowden]

I thank the Minister for answering my question on the potential for the Scottish Government to take a different approach to implementing the Bill. If ongoing conversations are under way, will the Minister tell us whether an indication has been given by the Scottish Government that they want to implement the Bill in a different way?