Antarctic Bill

Jeremy Corbyn Excerpts

Friday 2nd November 2012 Commons Chamber

[Mr John Spellar (Warley) (Lab)]

I congratulate the hon. Member for Stroud (Neil Carmichael) on introducing the Bill. It is a great pleasure to deal with a genuinely bipartisan Bill. As he rightly said, the Bill follows a consultation on a draft Bill in 2009. I do not propose to detain the House too long on this issue, albeit for possibly a little longer than my 57-second contribution last week.

The Bill would implement a new annex to the Antarctic treaty that was agreed back in 2005 on liability arising from environmental emergencies. It requires anyone undertaking activities in Antarctica to ensure that measures are in place to deal with any environmental damage, together with contingency plans for any damage that might occur. The present Bill was based on the Bill consulted on in 2009 by the previous Government, but it does not contain part 2 of the original Bill covering the requirement for contingency and safety planning by all British operators. In that context, I understand that the Minister’s officials believe that these issues can be addressed through the permit system, so that part of the original Bill is not required. I hope that the Minister will take this opportunity to be a bit more explicit and to send a clear message to operators—and reassurance to those who have a passionate interest in the Antarctic environment—that that is the case, and that the Bill follows the long line of measures to protect this vital environment. I hope that the Minister will deal with that issue when he winds up.

The Antarctic environmental legislation is a very good example of international co-operation on matters of great concern for the future of the planet. The treaty froze territorial disputes relating to the continent in order to pursue peaceful scientific investigation and conservation. Several hon. Members have referred to examples of that, some of them at considerable length. In the 1991 protocol, stringent measures on environmental protection were introduced, including—importantly—a 50-year moratorium on mineral extraction. The current permit requirements for British expeditions entering the Antarctic were introduced in the Antarctic Act 1994—in another example of the bipartisan nature of these discussions and concerns about the issue—which implemented the treaty’s protocol on environmental protection.

Why is this Bill so important and necessary? The Antarctic, as has been stressed by several hon. Members, is a pristine and highly sensitive environment that is of great significance in the global ecosystem. It contains, for example, 90% of the ice on earth and 60% to 70% of its fresh water. At a time of rising sea levels—mentioned with great concern yesterday by Mayor Bloomberg in New York—the melting of this ice would see a dramatic increase in sea levels. The seasonal growth of sea ice each year is one of earth’s most significant seasonal cycles, covering 19 million sq km at its maximum extent, which is one and half times the area of the Antarctic continent.

The Southern ocean also dominates the global oceans and influences the climates of many countries. In that context, I was pleased and honoured earlier this year to visit the Australian Antarctic division in Hobart, Tasmania. That is a valuable resource, and the hon. Member for Romford (Andrew Rosindell) will be well aware of the extensive co-operation with our Commonwealth ally, Australia, on this issue. This is a valuable resource not only for Australia but for the international community. It monitors the impact of climate and environmental change, conservation and ecosystems onshore and near shore, and in the vast Southern ocean.

[Jeremy Corbyn]

Will my right hon. Friend join me in hoping that the marine conservation zones are strongly endorsed and supported as a means of protecting fish stocks and the food chain from the larger mammals that inhabit the southern oceans? If the fish stocks are removed and too much krill are taken, long-term damage will be done to the whole ecosystem.

[Mr Spellar]

My hon. Friend and fellow allotment holder is exactly right. It is of considerable concern that no proper evaluation has been made of what take of krill in the Southern ocean is sustainable right the way up the food chain. Much more scientific work will need to be done before we understand the matter. Harvesting is right and proper, but we do not want mining of the populations in the Southern ocean, because of the deep long-term effects all the way up the food chain. I understand that even now there is considerable concern about whether there are adequate food supplies for penguins in the area. That demonstrates the enormous importance of the Southern ocean for the ecosystem, although, as I have indicated, it goes much wider than the Southern ocean area. I agree with him about that and with his comments about the Foreign and Commonwealth Office. Implementation of the treaty is rightly welcomed here, but the FCO should engage actively with other signatories to ensure the more rapid implementation of this important work.

Those measures are extremely welcome, and I am sure that any concerns that hon. Members have can be dealt with in Committee, as the hon. Member for Stroud indicated. The broad thrust, however, has support across the House. It is slightly disturbing and contradictory, then, that alongside these excellent measures we are looking at proposals to merge the British Antarctic Survey and the National Oceanography Centre. As I indicated in an intervention, the decision not to do that was extremely welcome, and I once again place on the record my tribute to the Science and Technology Committee, under its excellent Chairman, my hon. Friend the Member for Ellesmere Port and Neston (Andrew Miller), for producing a report that was highly critical of that measure. Its criticism was based not only on the scientific contribution, the excellent work done and the loss of scientific capability but, as hon. Members have mentioned, on a concern about the message it might send in the south Atlantic area.

Our noble colleague Lord West rightly drew attention to another problem that he claimed could lead to us sleepwalking towards another Falklands—a matter of enormous concern to him, obviously, given his heroic record.

--- Later in debate ---

[Mark Simmonds]

I agree that a full-time director of the British Antarctic Survey needs to be appointed as soon as possible, but I do not agree with the suggestion that Ministers should get involved with such an appointment. That is a matter for the BAS and for the other groups and organisations that need to be consulted.

I want to turn to some of the important issues that hon. Members have raised. It is right to put them in context, and also to correct the one or two misunderstandings that have emerged. I want to clarify the point made by my hon. Friend the Member for Christchurch (Mr Chope), to ensure that the House is in no doubt about the United Kingdom’s sovereignty of the British Antarctic Territory, which stems from the oldest claim to the territory in Antarctica back in 1908. We have to acknowledge that the sector was subsequently claimed by Chile and Argentina, but, under the terms of the Antarctic treaty, sovereignty issues are held in abeyance and are neither confirmed nor denied. The United Kingdom continues to assert its sovereignty over the territory through the provision of legislation and postal services and the presence of the Royal Navy and the British Antarctic Survey. As the hon. Member for Islington North (Jeremy Corbyn) correctly pointed out, co-operation with Chile and Argentina is good on the ground and in most international settings, and we are keen to maintain that positive good relationship.

[Jeremy Corbyn]

The Minister has probably heard the news today that there has been a breakdown at the Commission for the Conservation of Antarctic Marine Living Resources at its meeting in Hobart, because Ukraine, China and Russia appear unwilling to sign up to an agreement on linked marine protection zones. Those zones are clearly important for the protection of the ecosystem and fish stocks. The commission will reconvene in Berlin next year. What lobbying efforts will the Government put in, ahead of that meeting in Germany next summer, to ensure that we can reach an agreement to extend marine conservation all around the Antarctic area? Such agreement is essential, as my right hon. Friend the Member for Warley (Mr Spellar) has explained.

[Mark Simmonds]

I am grateful to the hon. Gentleman for his intervention. I hope that he will be patient, because I will address that issue in a moment. I am going to go through the points that have been raised in a logical, chronological order.

In his well-informed contribution earlier, the hon. Member for Islington North (Jeremy Corbyn) asked about the military presence in Antarctica, and he was absolutely right to seek clarification on that important point. I can inform the House that the Antarctic treaty prohibits military testing or exercises there. However, military help with the logistics of national programmes is allowed. That is why HMS Protector will be in the Antarctic this year to assist with UK programmes in such areas as hydrographic charting, to give logistical support to the British Antarctic Survey and to provide a search and rescue capability.

The hon. Gentleman just raised the important point about the unfortunate breakdown in the negotiations in Hobart yesterday. It is extremely disappointing that there has been a failure to reach agreement on the new marine protected areas, particularly those in the Ross sea, which I think was the area to which he was referring. The UK has an excellent reputation, under both Governments, for the creation of marine protected areas. We were instrumental in setting up the first one in the Southern ocean around the South Orkneys, and we have announced a new one around South Georgia in the Southern ocean as well. Our commitment to the protection and sustainable use of the Southern ocean is undimmed and undiluted. I give the hon. Gentleman the assurance that we will continue to work to persuade other countries to reach an agreement on the creation of appropriate marine protected areas, and that we are pressing hard for an opportunity to bring the process back on track in anticipation, hopefully, of an agreement at the conference next year.

The hon. Gentleman also made a point about whether the Bill’s application is to only part of Antarctica or to the whole of it. I can assure him that it will cover British expeditions and activities anywhere in Antarctica. Along with my hon. Friend the Member for Shipley (Philip Davies), he asked about the time scale for the Bill’s ratification by all members. I can give an assurance that the UK will push for ratification by other members as fast as possible. Indeed, some—including Finland, Peru, Poland, Spain, Sweden and, recently, Australia—have already ratified the protocols before the UK. All 28 consultative parties to this particular liability index have signed article 6 of the environmental protocol. This Bill, along with other national Bills, is merely a ratification of what has already been signed up to, so we anticipate no significant issues or problems there.

In response to the question of my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) about the EU’s possible interest in British expeditions or other aspects of the Antarctic, I can confirm that the Bill’s amendment to existing legislation reflects the growing international nature of science teams and the necessity for universities—mentioned by my hon. Friend the Member for Shipley—to secure easier recognition of world-class British expeditions, which inevitably have an international flavour nowadays.

My hon. Friend the Member for Stone was absolutely right to highlight the importance of clause 15, which provides for orderly regulation and conservation of historic and monumental sites, and of clause 16, which increases the environmental protections of flora and fauna, along with marine plants and invertebrates. He raised the issue of the EU’s application for observer status. I can confirm that it is not for the Antarctic but for the Arctic Council that the EU is trying to gain such status. I can confirm, too, that this has not been agreed and that the EU has no status in the Antarctic treaty system.

My hon. Friend the Member for Shipley gave a very forensic and detailed analysis of the legislative architecture surrounding this Bill. It will not come as a surprise to him to hear me say that many of the points he raised deserve thorough and detailed consideration in Committee. Both my hon. Friend the Member for Stroud and I will be interested to discuss these issues to ensure that the Committee is happy with the thought process and detail, supplied by my hon. Friend and the Foreign and Commonwealth Office, that have gone into the Bill.

It is important to say that the Government are supportive of the Bill. We see it as making a significant contribution to organising Antarctic expeditions and other tours to take preventive measures and establish contingency plans to reduce the risk of environmental emergencies and to secure all-important insurance. The Bill is important, too, for updating existing Antarctic legislation to recognise and respond to the increasingly international flavour of scientific activity and to provide better protection through clauses 15 and 16.

My hon. Friend the Member for Shipley asked about the liability annex, which mirrors the issue raised by the hon. Member for Islington North. My hon. Friend asked about ratification, too, and I can confirm that once the annex is ratified, we will be able to show leadership, alongside those who have already ratified the environmental protocol, in the Antarctic treaty consultative meetings and actively lobby all countries to ratify at the earliest opportunity.

My hon. Friend raised a series of detailed but very important issues, which I do not intend to go into now unless the House absolutely wants me to. I get the impression that it probably does not. If it would help, I should be happy to write to my hon. Friend in the meantime—especially if he is not here—