Antarctic Bill

Jake Berry Excerpts

Friday 18th January 2013 Commons Chamber

[Mark Simmonds]

I thank my hon. Friend for that comment. Of course he is absolutely right.

I reassure Members that clause 15 already allows for suitable amendments to be made to section 10 of the 1994 Act to ensure the long-term protection of Antarctica’s cultural heritage. The British historic legacy spans right across Antarctica, as do our responsibilities under the Antarctic treaty system. It is therefore crucial that clause 15, which is vital to the support and the longevity of historic and monumental sites in Antarctica as well as the objects housed within them, is extended to the whole of Antarctica, not just those historic sites and monuments in the British Antarctic Territory. I am therefore pleased to be able to reassure my hon. Friend the Member for Bury North that the amendment is unnecessary. The 1994 Act already ensures the regulation of British activities in Antarctica. As clause 15 is an amendment of section 10 of that Act, it will apply also to all historic sites and monuments designated under the Antarctic treaty system, wherever they are in Antarctica.

I shall now address the suggestion made by my hon. Friend the Member for Shipley (Philip Davies) that clause 5 be removed from the Bill. Before I respond to my hon. Friend, I want to ensure that the House understands exactly what clause 5 does. It places a requirement on people who are organising activities that are to be carried out in Antarctica, and which are connected with the United Kingdom, to take reasonable preventive measures designed to reduce both the risk of environmental emergencies arising from those activities and the impact that such environmental emergencies might have. The requirement must be fulfilled before the person who is carrying out the activities enters Antarctica.

[Jake Berry]

I reinforce the points that my hon. Friend just made about identifying people who might pollute the Antarctic environment, because the Bill enshrines the “polluter pays” principle. Historically, we have found it very difficult to identify that polluter, and often, as time has gone by, the polluter is no longer around to remediate the damage they have done. That is why I strongly support the specific point in the Bill that says, “Let’s find out who the polluter is before the damage can be done.” I think that is very important.

[Mark Simmonds]

My hon. Friend makes an extremely pertinent point. He is right in his assessment of the importance of both the Bill as a whole and the “polluter pays” principle. Many of the clauses are designed to act as a deterrent to ensure that the appropriate mechanisms, thought and strategies have been put in place to stop any emergency occurring and to react quickly in the unfortunate event of an environmental emergency in Antarctica.

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[Neil Carmichael]

No, I did not get to Sky Blu although I heard an awful lot about it. It is a very important part of the work by the British Antarctic Survey and will remain so for some time. It is excellent that it is doing so well and contributing so much to our knowledge base about what is happening, and what will and could happen on that continent.

We were also told about long-term record keeping of weather conditions, temperatures and so forth. That is important because we cannot just take a snapshot now and make a judgment; we need to go back some years. The British Antarctic Survey has been working on climate change, looking for patterns and studying changes for nearly 20 years. That knowledge base is important and it is used by others as a benchmark for measuring developments in climate change.

[Jake Berry]

My hon. Friend is speaking interestingly about the work of the British Antarctic Survey. Did he get the opportunity to see some of the work that it has been doing on ice cores to measure the historical carbon dioxide content in our atmosphere, which is hugely important in global warming and climate change?

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[Neil Carmichael]

Yes, they did. They were extraordinarily appreciative of it going through Parliament, and thanked me for promoting it. The Bill was one of the reasons I was there, and I learnt a lot about the impact it will have on Antarctica. I saw the appreciation from members of the British Antarctic Survey, and noticed that other countries were also appreciative of the Bill, particularly Chile. I was with the Chileans for some time, as we flew to Chile before we got to Antarctica. I had the opportunity of visiting the Chilean Antarctic Institute, which is the Chilean equivalent of the British Antarctic Survey. Like us, it has a strong science wing and recognises the importance of logistics—although it does not use its own, but accesses other logistical services—and like us, it recognises the importance of international co-operation. In terms of regional geopolitics, that co-operation is all the more important given the issues relating to the Falkland Islands, Argentina and other nation states. The presence and commitment that we have demonstrated in Antarctica for decades and the relationships we are developing with nearby nation states are necessary to ensure that our broader interests are protected and enhanced.

[Jake Berry]

The legislation relating to Antarctica is a template that we should seek to replicate across the globe. It is an exemplar of co-operation between countries that can put their national differences aside. Does my hon. Friend share my pride in the fact that Britain is front and centre in pushing forward international co-operation to protect what is probably the last unspoilt area of the globe? We can take national pride in that, and I believe my hon. Friend should take personal pride in the huge contribution that he is making through his Bill.

[Neil Carmichael]

I thank my hon. Friend for his generous intervention. I must emphasise the pride that I take in Britain’s leadership in this area. We have led from the front, and we continue to do so. If my Bill is passed, I will ensure that that work continues through the activities that I will undertake. I will do that even if it is not passed—although I hope it will be—because I am determined that Britain’s leadership should continue in all the areas that I have described. I am very proud of it.

I was particularly proud to visit the British club in Antarctica, where Sir Ernest Shackleton based himself during his attempt to rescue his men nearly 100 years ago. That whole building is laden with history. It was fascinating to walk into a room that had remained relatively unchanged since he was there making those decisions and bold moves to save his men, and showing exemplary leadership and commitment to those he led. It was quite moving. Sir Ernest Shackleton is another example of the tremendous leadership that this country has demonstrated, both personally through people such as him, and nationally through our overall direction of travel on that continent.

We must also salute Captain Robert Scott. Yes, his reputation took a slight dip, but people are quite properly recognising the sheer enormity of his achievement in getting to the south pole. Also, while he was going there and attempting to come back, he was still committed to carrying out scientific research. It is not often remembered, but it should be noted that temperature changes and other data were being collected right up to the end.

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[Neil Carmichael]

That is one Government whom I have not spoken to about Antarctica. I met an awful lot of Irish people yesterday, but we did not actually talk about Antarctica—we talked about art. My hon. Friend is right, however, that we need to encourage nation states to do the same. There is a question not just of quantity, but of quality. We are legislating thoroughly on our agreements under the treaty, but some countries have not been as thorough, and we need to ensure that they become more so. The example of the Netherlands and ourselves is the right one.

Where we are seeing, basically, expressions of commitment to the treaty, we need to see more, and we certainly need to see nation states such as the United States ensuring that they, too, take action. I have already been in touch with environmentalists in the United States to see how we might encourage a proper debate about the issue in Congress. I am working on these things. I intend to encourage all nation states to take the right action at an event later this year, when I hope to gather their representatives and explain what we have done, why we have done it and why they should do the same. That is absolutely right.

Let me continue with my brief canter by underlining the importance of encouraging operators, visitors, tourists and everybody else involved not just to plan for their trip, but to plan contingency measures, to recognise that they have to behave in a properly responsible way and that insurance is necessary just in case things go wrong. If things go wrong, we need to be sure that tidying-up operations can take place in a timely, efficient and comprehensive manner. That is one part of the Bill that we effectively discussed in our debate about clause 5, and quite right too. I think we all agree that it is a good clause and part of that whole process.

[Jake Berry]

I want to raise the issue of insurance, which is not covered in clause 5. As my hon. Friend knows, it is covered in clause 6—there is some cross-reference between the two clauses. Does he know—I must admit that I do not—whether there is a developed and advanced insurance product readily available to people seeking to go to Antarctica today, or hopefully after the Bill becomes law, that they could effectively sign up to now?

[Neil Carmichael]

We have discussed insurance in some detail, because there are different types of insurance—in the shipping world, the tourist world and so forth. Obviously more products will be developed; the key thing is that people have to demonstrate that they are properly insured. I would have thought that things such as self-insurance and so forth will not meet the criteria set out. As more and more people wish to go to the Antarctic and the demand for more complex insurance mechanisms increases, I am sure that more will be developed. The key point, as I have said, is that there is no governance of Antarctica; therefore we need special dispensation through the treaty and the legislation, as in the case of shipping, to ensure that appropriate insurance cover is always made available. We discussed that issue in the consultation process, before the Committee stage. That is where we are; so yes, we should see more and more insurance packages becoming available as appropriate.

The second part of the Bill extends protection to flora and fauna, including invertebrates, by ensuring that we do not import problems into Antarctica and so on. That is absolutely right and proper. When I visited Antarctica I noticed a keen interest in that aspect of the Bill. I was pleased to be able to reassure those who were concerned about the risks to the various crustaceans and so forth that we were talking about that we have taken action in the Bill. That is really quite good.

The other aspect of the Bill is the monuments and historical sites. We could talk at length about those; the key point is that we need a responsible way of protecting them. We need to ensure that measures can be taken to put appropriate support mechanisms in place. We benefit from the tremendous work of the various trusts, organisations and others who are interested in doing this, and I pay tribute to them.

Those are the key parts of the Bill. They add up to a very strong commitment by Britain to do the right thing for Antarctica—by that, I mean to protect its environment, making sure that British interests are still prominent, and continue to work in an international framework to encourage other nation states to do the same. That is the direction of travel of the Bill, and I intend it to follow it with vigour—and, hopefully, with the continued support of colleagues.

I commend the Bill on Third Reading.

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[Jake Berry]

I shall keep my remarks relatively short because other colleagues want to contribute to the debate.

I congratulate my hon. Friend the Member for Stroud (Neil Carmichael). I hope he will reflect on the comments that I made in my interventions, but I think he can be extremely proud of this excellent Bill, which he has brought through the House of Commons. It is no mean feat to take a private Member’s Bill through the House, even with cross-party support. I hope that I might get the opportunity to do it myself one day, but I know that the process is academically rigorous. My hon. Friend has approached it with great integrity and a desire to tackle all the issues that face the Bill, and has worked across Departments; he can be proud of all that he has achieved.

It is timely that we are legislating on the environment in the Antarctic, because it is the last unspoilt environment on the globe and it has been described by other hon. Members as pristine. It is probably not quite as pristine as we would like it to be. We have heard about recent sinkings of ships, and about the impact of tourism, and it is hugely important that those of us who do care about it take action, legislate and ensure that we protect it as much as we can. I note that the WWF commented:

“Just a few decades ago this region was virtually untouched by human exploitation. Today, it is under sustained attack from land, sea and air, putting”

all aspects of the environment

“at risk.”

So it is hugely important that we give the Bill its Third Reading today, and that it becomes part of our law.

It is also important that Britain once again leads in this area. We were the first nation really to take an interest in the continent of the Antarctic. From Captain Scott to the British Antarctic Survey today, we have a hugely important role to play, and we have a legacy and a future that we shall be rightly proud of. I notice that the British Antarctic Survey has been there continuously since 1962.

[Oliver Colvile]

Does my hon. Friend agree that it is very important that children learn about Antarctica—not only about Captain Scott and Shackleton but about the environmental requirements? Should we not be pushing the Secretary of State for Education to ensure that that is very much included in the national curriculum?

[Jake Berry]

I thank my hon. Friend for that intervention. I certainly will not be pushing the Secretary of State to ensure that it is included in a very crowded national curriculum, but he makes a valuable point and I commend him for the work he has done with my right hon. Friend the Prime Minister to ensure that we recognise Captain Scott, who is, of course, one of Plymouth’s most famous sons. My hon. Friend has been a real champion of ensuring that that legacy, that great British history, gets into schools, and that we talk about and take pride in it. We should take pride in it because we are a buccaneering, adventurous nation and I like to think that spirit still lives on within us. By telling young people about that great history, we ensure that we shall be the people who cross the frontiers in the future, whatever they may be.

Speaking of frontiers, when I was putting down some thoughts about what I might say this afternoon, I happened to be watching an episode of “Star Trek”, which I noted has a very similar form of governance to that of Antarctica—global co-operation not driven by money, and demilitarised. I am pleased to say that it is not science fiction; we actually see that co-operation—everyone working for the good of an area—today. We do not have to look for “Star Trek: The Next Generation”; we can see it today.

I note that our territories have their own money. The Minister spoke about the profits from that going to support the British Antarctic Survey. I am an avid collector of coinage and I was going to make an offer to any Member who has been to Antarctica to swap me, pound for pound, some currency. I look particularly at my hon. Friend the Member for Stroud, who I am sure came back with pockets full of it. I have never seen any currency from our territory there and I would be pleased to have a look at it.

I shall focus on two further aspects—first, the work of the British Antarctic Survey. We heard earlier about its fantastic work on ice cores, which provides the most persuasive evidence of the problem of global warming in this country. The problem is man-made, created by the burning of thousands of years’ worth of carbon within 200 years of industrialisation. I encourage those nay-sayers who say that global warming is a myth and unproven to look at the work on ice cores showing the changes in our atmospheric make-up and global warming.

Scientists with the British Antarctic Survey were the first to discover the hole in the ozone layer. I was a young man when that was discovered, and it aroused my first interest in environmental issues. I thought I was making a great contribution when I invested in a Vidal Sassoon hairspray that, rather than using chlorofluorocarbons, was operated by pumping. I was pleased to see just a few years later that CFCs were banned. That was an enormous contribution and shows that a continent on the other side of the world can make a huge impact on environmental policy and thinking in our country. The continued work of the British Antarctic Survey is to be welcomed.

My final point is about the hugely important “polluter pays” principle in the Bill. When the Environmental Protection Act 1990 came into force, there was a great kerfuffle among lawyers about whether environmental surveys of properties would devalue them and make them unmortgageable. To some extent that has happened. That is a case where the “polluter pays” principle has failed. I can give an example from my constituency. Brenbar crescent in Whitworth, the site of an historic town gas works, was thought to be polluted and there was concern about the value of properties there. Given that the town gas site closed some 80 or 90 years ago, it was not possible to find the original polluter.

One of the great advantages of the Bill is the speed at which we will be able to act to get the polluter to remediate the damage that they do to a pristine environment. That is particularly important when we see the increasing tourism to the Antarctic. In 1992 there were fewer than 9,000 tourists. In 2012-13 there were 26,000 tourists. That is a huge increase in the number of people visiting the amazing and awesome place that my hon. Friend the Member for Stroud described. I can see that it is attractive, but we cannot let that attraction and the commercial gain of tourism companies degrade the environment.

That is why the insurance clause, clause 6, is so important. Any of us who have booked a holiday know that it is not unheard of for travel companies, operators and shipowners to go out of business. We cannot allow self-insurance and the Bill does not do so, but if we look to the proper international shipping and insurance market to ensure that we get protection, we can enshrine the “polluter pays” principle and make sure that when an incident occurs—they happen too regularly already—the money is readily available and we do not have to argue about which country should clean up the pollution. If it is in the British Antarctic Territory, should it be cleared up by Britain or the Chilean Government? We are not having such arguments. There is a clear line of liability leading back to someone who has the resource, the desire and the ability to pay.

With 100,000 bird species, flora and fauna, the Antarctic is not a desert or a desolate land. It is somewhere we must work hard to protect. My hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) spoke about the new discoveries of creatures there this year. It is amazing to think that on a planet where we think we know everything about everything and all the animals under heaven, we can still be surprised to find things in this amazing environment that are new to us. We have to be very careful that we are not losing species before we even know they exist, because then we will not know we have lost them. It is important that the Bill proposes a ban on commercial fishing, because there is a danger that that will take hold in the area because it is such a rich resource.

Finally, I want to speak about the Royal Navy’s contribution to the area. We all believe in this House, I am sure, that we have the finest armed services in the world. I have been involved with the armed forces parliamentary scheme and have had the great privilege of seeing some of the work undertaken by members of our armed forces, particularly the Royal Navy. We might be complaining today about the icy conditions outside, but the lowest recorded temperature in the Antarctic is minus 85°. We must pay tribute to those serving on HMS Protector, who are spending long periods there, on HMS Endurance, on HMS Scott and on other Royal Navy ships that go to the area to police it and to rescue people who find themselves in trouble. I want to record my personal thanks to and admiration for members of our armed forces who ensure that the global co-operation on keeping Antarctica safe, non-politicised and demilitarised continues.