Biodiversity Beyond National Jurisdiction Bill

Emily Thornberry Excerpts

2nd reading
Thursday 16th October 2025 Commons Chamber

[Andrew Rosindell (Romford) (Con)]

I thank the Minister for her explanation of the Bill. It is an important piece of legislation, and I thank her for acknowledging that it started under the previous Government. I hope there will be a consensus, but there are many questions to be answered, and we need to go into this legislation in a lot of detail to ensure that there are not unintended consequences.

Nobody in this House doubts the importance of protecting our oceans. The high seas belong to us all, to every nation on this planet, and the United Kingdom, as a proud seafaring nation and a world leader in natural sciences with no less than 16 overseas territories spanning—for now at least—all five of the world’s major oceans, has always led the world in safeguarding them. The protection of our oceans is one of the defining challenges of our age. Two thirds of the world’s oceans lie beyond the jurisdiction of any single nation, and those waters are home to a vast array of life that sustains the planet’s ecosystems.

Britain depends on the seas for our trade. They have been a moat for our national security and are our bridge to the wider world. We therefore have not only a moral duty to protect them but a strategic one. One of the core values of the small c conservatism that I believe in, as the name suggests, is to conserve things that truly matter. That applies not only to our institutions and our way of life here in these islands, but to the preservation of our green and pleasant land and, in this case, that of the marine biodiversity, so that we can hand on to our descendants the natural beauty that I know we all cherish. That principle is certainly not in question today by anyone in this House of any party.

Nowhere is our record clearer than in the crown jewel of our leadership on the environment that is the blue belt programme. Through it, the United Kingdom and our overseas territories have created over 4.4 million sq km of marine protected areas from the South Atlantic and the Pacific to the Indian ocean. These waters safeguard king penguins on the Falkland Islands, green turtles on Ascension Island, grey reef sharks on the Pitcairn Islands and countless other species across the globe. I have had the privilege to visit the Falkland Islands and Ascension Island and see the amazing biodiversity that we are responsible for, and the oceans around those territories are vital to protect. The blue belt is one of the largest networks of protected ocean on Earth, and it exists because of British leadership alongside the Governments of the British overseas territories. We granted those creatures and their habitats protection from exploitation by others, from industrial fishing fleets and from countries that would plunder our resources without a second thought. That is something this nation should be immensely proud of.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I am listening carefully to what the hon. Member is saying, and he is absolutely right on the blue belt. Does he therefore regret that in all the debates we have had about the Chagos Islands, the Conservatives have not raised the importance of the conservation of the fish stocks and the biodiversity around those islands?

[Andrew Rosindell]

The chairman of the Foreign Affairs Committee is, I am afraid, incorrect. We have raised those issues on many occasions, and I have personally raised them on countless occasions over the years. Before too long, the right hon. Member will hear a bit more about the Chagos Islands and the importance of protecting marine stocks and biodiversity in that part of the world.

Despite what has been said today, I fear that at this stage the Government are riding roughshod over that record and undermining those very principles through their abject surrender of a marine protected area. The British Indian Ocean Territory might look like a scattering of remote atolls in a far-flung region of the planet, but they are home to 640,000 sq km of ocean—one of the most pristine marine ecosystems on the earth, an area of ocean the size of France. Within it live more than 1,000 species of fish and over 200 species of coral.

I had the opportunity to see it for myself in 2019 when I visited the Chagos islands, in particular the atoll of Peros Banhos, where I was greeted by the wonderful Chagossian coconut crabs, as I jumped out of the dinghy and walked on to the beach and into the uninhabited island—where we shamefully forced the people to leave their homes all those years ago and refused to allow them to return. Its waters shelter seabirds, turtles and dolphins. It is an environmental treasure that the world envies and that Britain has rightly protected over so many years.

--- Later in debate ---

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I am grateful to my hon. Friend the Minister for her remarks and for the attention that the FCDO has paid to the importance of marine conservation. The biodiversity beyond national jurisdiction treaty represents a transformation in the way that we protect nature in the high seas. I commend the Government for being an early proponent of the agreement, and I am so pleased—in fact, I am thrilled—to see that we are finally going to ratify it.

I feel that I have been witnessing the Chamber at its best this afternoon. To hear such passion and such well-informed expertise on both sides has been a real honour. It reminds one what an honour we all have in being Members of this place and sitting in a room to listen to such speeches, which has been wonderful. Let me confess that I am one of those people—I remember that when I came back from seeing sperm whales I was still weeping, and I apologised to the organiser of the trip that I seemed to just not be able to stop weeping, but she said, “Don’t worry, dear. We see lots of people like you on these trips.” I feel as though I have found my people, given the passion that has been expressed today for the high seas and for biodiversity.

Today, I want my speech to have a particular focus—please forgive me for this—because I believe that our commitment to this treaty can be tested by how we treat our current responsibilities. I join the Opposition spokesperson, the hon. Member for Romford (Andrew Rosindell), in using the Chagos islands as a test. I apologise for not recognising that the Opposition have been talking about the biodiversity of the Chagos islands. Perhaps I was only focused on the considerable amount of time they have spent on the sovereignty of the Chagos islands. I have since spent the time available looking up their references to biodiversity, and there have been three of them, so I apologise for saying that there had not been any.

I have had a number of exchanges in this House with the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), who has responsibility for Europe, North America and the overseas territories, about the vital importance of safeguarding marine protected areas around the Chagos islands. I am grateful for the assurances he has given me that the Government are committed to the continued protection of the unique and unparalleled environment of the Chagos archipelago.

However, the FCDO’s assurances, although welcome, really do not go far enough, but before I say why, I want to explain why these waters matter so much—not least because of their role in replenishing the high seas—and the extraordinary obligation that the UK owes the world to ensure that they remain protected. As has been said, these 640,000 sq km of near pristine ocean are among the most pristine in the world. They are home to the largest living coral atoll and to 58 islands. They are the breeding site for more than a quarter of a million pairs of seabirds, as well as the vital and unexplored deep-sea ecosystems that my hon. Friend the Member for Brent West (Barry Gardiner) talked about with such passion.

The vast no-take zone that the UK established in 2010 provides a vital sanctuary for numerous endangered species. If this marine environment were damaged, it would do huge damage to the seas generally and to species already on the brink of extinction, such as the endangered hawksbill turtle, which forages in the waters of the Chagos islands and nests on their beaches, or the unique population of reef manta rays, which use the protected waters as a refuge and which would soon disappear if those waters became unprotected. This is exactly the kind of marine life that the BBNJ agreement seeks to protect through the establishment, among other measures, of marine protected areas in the high seas.

The vast marine protected area around the Chagos islands provides a safe corridor and foraging ground for vital migratory species and apex predators such as tuna, sharks and whales, and without it we would see their numbers crash much more widely across the world. In a warming world in which coral is dying at a terrifying rate, the coral in the Chagos archipelago is relatively healthy and acts as a reseeding bank for other reefs in the Indian ocean through larval dispersal. The reefs and marine life of the Chagos archipelago help to replenish degraded reefs and depleted fish stocks from east Africa to Indonesia. The coral in the Chagos archipelago has shown an extraordinary degree of resilience and an ability to recover even from bleaching events, and it is not known why. This resilience and the undisturbed nature of the Chagos ocean make it a really important site for scientific study. It could give us an important insight into what we can do next to save our coral reefs, and a proper insight into how healthy marine ecosystems function and the impact of climate change.

For the last 15 years, the UK has protected those waters and taken seriously its duties as the steward of those ecosystems, just as the BBNJ agreement invites the entire international community to do as stewards of the high seas. As the UK now hands them over to Mauritius, we have an equally serious duty to ensure that they remain protected. That brings me to the terms of the Chagos deal and the Minister of State’s evidence to my Foreign Affairs Committee, for which I am grateful to him.

The Minister noted that the UK and Mauritian Governments are committed to promoting the conservation of the environment of the archipelago. I obviously welcome that, and I pay tribute to the Government of Mauritius for their clear determination to protect nature. Nothing I am about to say is intended to cast any doubt on that commitment. The problem, however, is that Mauritius is a democracy—a vibrant democracy—in which Governments have historically had different attitudes to protecting the ocean. It is therefore not good enough for the Minister just to point to the commitment of the current Mauritian Government to marine protection; we need a basis for lasting confidence and mechanisms to ensure that these ecosystems remain protected for future generations. My principal concern is that there is no funding mechanism in place to ensure that Mauritius will properly resource marine protection in the Chagos archipelago and to incentivise it to do so. That stands in contrast to the treaty we are discussing.

[Wera Hobhouse]

I thank the right hon. Member for giving me an opportunity to say sorry to the shadow Minister for misunderstanding, when I intervened earlier, why he thought it was so important to mention the Chagos islands. I hope he will accept my apology.

[Emily Thornberry]

I must say that we are all behaving so well this afternoon.

I was saying that there is no incentive or funding mechanism in the Chagos archipelago deal, yet the treaty we are talking about—the subject of the Bill we are giving a Second Reading today—does have that very funding mechanism. Why does it? Because we know that that is needed for it to work. Without a dedicated funding mechanism for Chagos marine protection, in which a transfer of funds is contingent on the continuing protection of the marine environment, there is nothing to ensure that this protection will continue. The Mauritian Government want to allocate resources for doing so, but they operate in a resource-constrained environment. It is therefore deeply regrettable that both parties did not reach an agreement on future arrangements for environmental protection across the Chagos archipelago before signing the treaty. They should have allocated dedicated funds to it, or agreed a funding mechanism that would have been a proper basis for confidence. In short, the Chagos agreement should have followed the lead of the BBNJ agreement.

I remain concerned that there is a lack of concrete action on the future conservation of the Chagos archipelago’s unique marine environment and biodiversity. I appreciate the commitments that the Minister has given to the House and my Committee, but now actions need to be taken, drawing on the example presented by the BBNJ agreement. The ratification of the high seas treaty is testament to Britain’s renewed global leadership on climate and nature. That reputation risks being undermined by a failure to invest in the protection of the unique and extraordinary marine environment that is the Chagos islands.