Biodiversity Beyond National Jurisdiction Bill

Emma Hardy Excerpts

2nd reading
Thursday 16th October 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Emma Hardy)]

I beg to move, That the Bill be now read a Second time.

The Biodiversity Beyond National Jurisdiction Bill is a landmark piece of legislation that will implement obligations in the United Nations BBNJ agreement in UK law and enable us to move towards ratification of this historic agreement. I am sure the Bill will be welcomed by Members in all parts of the House. I recognise the contribution of Members, particularly those on the Environment, Food and Rural Affairs Committee, the Environmental Audit Committee and the all-party parliamentary group for the ocean, who have kept oceans high on the parliamentary agenda. In all fairness, I pay tribute to the previous Government, who did a lot of work on the Bill.

I am personally proud that we are turning words into action. In April 2024, I was the shadow Minister on a debate on this topic, and I made the commitment that if Labour were lucky enough to win the election, we would ratify this treaty, so I am very pleased to be able to say that we are going to. People in civil society, academia and industry will be delighted to see the introduction of the Bill. Organisations such as the National Oceanography Centre and the Natural History Museum have provided invaluable support to the UK delegation. I also thank the High Seas Alliance and the World Wide Fund for Nature, as well as many other environmental non-governmental organisations, for their unwavering commitment.

The BBNJ agreement is the result of years of dialogue and negotiation involving stakeholders from all around the world. In fact, I heard just this morning that negotiations started in 2012, so it has taken quite a while to get to this point. The UK’s role in these negotiations was informed by the expertise and passion of marine scientists, legal scholars and environmental advocates, and I thank them all for their contributions.

The BBNJ agreement has achieved the 60 ratifications required for its entry into force, which will happen on 17 January 2026. We expect the first meeting of the conference of the parties to take place later in 2026, and the UK can attend that meeting as a party only if it has ratified the agreement at least 30 days previously.

[Mr Toby Perkins (Chesterfield) (Lab)]

The Minister is absolutely right to say that there is support across the House for this really important Bill. She is right also to pay tribute to the previous Government for some of the work they have done, but it is true to say that, despite the fact that in the last Parliament there were many times when this Parliament did not have a great deal to debate, we never actually got this on the statute book. Just over one year into this Government, when there is a tremendous amount of legislation, we have managed to find the time to get this through. I pay tribute to the Minister. I think it is worth taking that bit of credit because we are doing something that has not previously been done.

[Emma Hardy]

I cannot disagree with my hon. Friend on that, can I? I thank him for his comments. As I said, it means a lot to me to be able to stand here today and say that I have fulfilled in government the commitment that I made in opposition.

We need to pass the Bill and the associated secondary legislation before we can take the next steps to ratification, so it is about not just the passage of this Bill but the statutory instruments that will follow it. I know that all sides of the House will want to see the UK playing a leading role in future discussions at the conference of the parties, and that is why we must maintain momentum.

The Bill marks a significant step in the UK’s commitment to protecting the two thirds of the world’s ocean that lie beyond the jurisdiction of a single nation. From one of the heaviest fish, the sunfish, to the delicate sea butterfly, this vast expanse of ocean is home to extraordinary biodiversity and ecosystems that are vital to the health of our planet. It sustains fisheries that feed billions, and it underpins weather patterns, coastal protections and the livelihoods of people across the globe, but these areas of the ocean are vulnerable to exploitation, degradation and irreversible harm.

[Stephen Gethins (Arbroath and Broughty Ferry) (SNP)]

I agree with the Minister that her engagement with various stakeholders—environmental NGOs, academics and universities—is crucial. I also acknowledge the parts of the Bill that underline the role of devolved Administrations and the important work that has to be done. Will her officials work closely with the devolved Administrations on the international impact of the Bill and that that will continue throughout this legislation?

[Emma Hardy]

I can offer the hon. Gentleman that reassurance. That is an important point well made.

The BBNJ marks an historic breakthrough. It is a multilateral treaty adopted under the United Nations convention on the law of the sea that is designed to ensure the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. The agreement delivers on four critical fronts. First, it established new obligations to share the benefits arising from research into and the use of marine genetic resources from these ocean areas. Secondly, it created a mechanism to establish area-based management tools, including marine protected areas, which was an essential step to safeguard fragile ecosystems.

[Carla Denyer (Bristol Central) (Green)]

It is great that the UK is finally ratifying the treaty, and it is also great to hear the Minister talk about the benefits of marine protected areas, but if the Bill is to signify a new and invigorated Government focus on protecting our precious marine environment, does she not agree that the terrible, destructive fishing practice of bottom trawling obliterates vital habitats on our seabed? It makes a mockery of the entire term “marine protected area” that the UK Government have ignored the Environmental Audit Committee’s advice to ban bottom trawling from our own marine protected areas.

[Emma Hardy]

Of course, domestic marine protected areas are not within the remit of the Bill because we are talking about areas beyond national jurisdiction. What I can say is that the UK Government have introduced a consultation looking at banning bottom trawling in 41 of our marine protected areas. That consultation is out now. We are showing our commitment to oceans on not only an international scale but a national scale.

Thirdly, the agreement strengthens the framework for environmental impact assessments by building on the provisions of the UN convention on the law of the sea to ensure that new activities in these areas are sustainable and responsible.

Fourthly, it reinforces capacity building for developing states and promotes broader technological transfer. The journey to the agreement started with an ad hoc informal working group in 2006, before it progressed to a preparatory commission that worked through 2016 and 2017 and culminated in a formal inter-Government conference that negotiated the text between 2018 and 2023.

The UK has already played a leading role in shaping the agreement over the course of more than a decade of negotiations. In September 2023, we were one of the first countries to sign the agreement when it opened for signature at the UN, and today, through the Bill, the UK takes a major step towards ratification.

I will now outline the structure of the Bill, which is divided into five parts. Parts 2, 3 and 4 are designed to correspond and give effect to the three core sections of the BBNJ agreement relating to marine genetic resources, area-based management tools and environmental impact assessments.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for introducing the Bill and for her deep interest in this subject. We are all very impressed by what the Minister does and we thank her for it. Further to intervention of the hon. Member for Arbroath and Broughty Ferry (Stephen Gethins)—he and I both represent coastal communities—I would like to say that marine biodiversity is the lifeblood of the fishing industry and that, as we have often said, fishermen are the greatest natural caretakers of the sea. Does the Minister agree that the input and the generational knowledge of the fishing sector is essential as we move forward?

[Emma Hardy]

I pay tribute to all the fishermen throughout the United Kingdom who play such a vital role in helping to feed our nation.

The Bill also ensures that the UK has the necessary powers to implement decisions adopted at future meetings of the BBNJ conference of the parties, beginning with the marine genetic resource provision. Part 2 of the Bill sets out the requirements related to the collection and use of marine genetic resources from areas beyond national jurisdiction and digital sequence information generated on those marine genetic resources.

These measures mean that UK researchers conducting collection activities from UK craft or equipment, such as royal research ships or autonomous systems, will need to notify a national focal point within the Foreign, Commonwealth and Development Office before and after the collection of these resources. Additionally, any users of marine genetic resources or digital sequence information will need to notify the national focal point once results of utilisation are available and make those results available in publicly accessible repositories or databases. The results of utilisation, including publications such as journal articles and patents granted, should detail the outcome of research and development on these resources. These notifications will provide valuable data on material collected and on the results of research in areas beyond national jurisdiction. These notifications will be passed on to a clearing-house mechanism—a core part of the future architecture of the BBNJ agreement.

The clearing-house mechanism will act as a global online notification hub, where parties to the agreement will submit their notifications, allowing researchers from the UK and elsewhere to see what is being collected from where and how it is being used. That function is key to the benefit-sharing mechanisms under the agreement, enabling researchers from developing countries to work from the same scientific data as a researcher in the UK. That will also facilitate the development of cross-national research groups crucial to supporting breakthrough scientific discoveries.

The measures in the Bill also require repositories and institutions holding marine genetic resources to provide access to samples under reasonable conditions. That will apply to bodies like the Natural History Museum, the National Oceanography Centre and UK universities. Similarly, UK databases containing digital sequence information from marine genetic resources will need to ensure public access. Marine genetic resources may hold the key to future medicines, enzymes and sustainable technologies. This is a fast-growing global sector, and our universities and biotech firms are world leaders. Taken together, the measures will allow our researchers and companies to remain at the cutting edge of marine genetic discovery, benefiting from and contributing to global research in this space.

Part 3 of the Bill provides powers to allow the UK to implement internationally agreed measures in relation to marine protected areas and other area-based management tools established in areas beyond national jurisdiction. Any such measures will be agreed in meetings of the conference of the parties and will aim to manage activities in geographically defined areas of the ocean to achieve conservation and sustainable use objectives. Part 3 also ensures that the UK can implement any emergency measures adopted by the conference of the parties to respond to any natural or man-made disasters in areas beyond national jurisdiction that may require, for example, restrictions on navigation of UK ships or discharges from UK crafts.

Part 4 updates domestic marine licensing legislation to meet the environmental impact assessment requirements set out in the agreement. These changes apply to licensable marine activities that take place in areas beyond national jurisdiction. It provides the power needed to adapt the UK’s domestic marine licensing and related environmental assessment system as new international standards and guidelines are agreed by the BBNJ conference of the parties. For example, that may include applying the latest standards for environmental assessments or for the ongoing monitoring of impacts. In short, it will future-proof the UK’s marine licensing legislation, ensuring that we can keep pace with emerging technologies and activities in areas beyond national jurisdiction.

In addition to the Bill, secondary legislation is required before the UK can formally ratify the BBNJ agreement. We will need to make changes to domestic legislation to implement the BBNJ agreement provisions relating to environmental impact assessments and to define digital sequence information. Those issues require engagement with stakeholders, and statutory instruments will be laid before Parliament after the Bill receives Royal Assent. Once the secondary legislation is in force, a standard six-week process will allow us to finalise the instrument of ratification, which includes signature and formal submission to the United Nations.

The provisions in the Bill may appear to be narrow and technical, but once implemented, they will enable the UK to participate fully in global efforts to conserve and sustainably use the ocean beyond national jurisdiction. Working with our international partners, the BBNJ agreement will allow us to safeguard fragile ecosystems, protect endangered species and ensure that scientific benefits are shared fairly and responsibly.

The Bill is rooted in this Government’s broader environmental and international goals. We are protecting and improving the marine environment at home and internationally to meet the global commitment to protect 30% of the world’s oceans by 2030, and this Bill is a key instrument in delivering that goal. The Bill supports our efforts to maintain multilateral agreements and international governance as the bedrock of our global community, and to address collectively the biggest issues of our generation: climate change, food insecurity and harm to marine environments—issues that affect not just the UK, but every nation on Earth. I hope that Members will recognise the urgency and importance of this moment. The ocean cannot wait, and the consequences of inaction are profound. This Bill is an opportunity to act, to protect marine life, to support sustainable development and to ensure that the benefits of the ocean are shared fairly and responsibly. I commend this Bill to the House.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

--- Later in debate ---

[Andrew Rosindell]

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?

[Emma Hardy]

I wonder if I could offer some helpful clarity. This debate is on BBNJ—biodiversity beyond national jurisdiction, with the word “beyond” giving a clue to the fact that it does not relate to British waters. The points the hon. Gentleman is raising, about what impact the high seas will have on offshore wind development here, might therefore not be entirely valid, and his points about the impact on British fishermen fishing in UK waters might not be covered by the global ocean treaty. I wonder if it might be helpful for him to read the explanatory notes alongside the Bill.

[Andrew Rosindell]

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—