Biodiversity Beyond National Jurisdiction Bill

Debate between Andrew Snowden and Seema Malhotra

Consideration of Lords amendments
Monday 2nd February 2026 Commons Chamber

[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?