Biodiversity Beyond National Jurisdiction Bill

Debate between Jeremy Corbyn and Seema Malhotra

Committee of the whole House
Monday 17th November 2025 Commons Chamber

[Seema Malhotra]

The hon. Member will know from previous conversations that we continue to engage with the fishing industry on all areas of policy. Fishing falls outside the scope of the Bill, but it is important that the Government maintain that dialogue.

[Jeremy Corbyn (Islington North) (Ind)]

I welcome and support the Bill, which is an important step forward. It is a shame that it was not passed before the election so that it could have been dealt with in the wash-up of the previous Parliament. Will the Minister assure us that the Government will provide the necessary resources, and that the UN agencies are sufficiently funded, to ensure that this law becomes an effective protection for the natural world and the oceans that we all rely on?

[Seema Malhotra]

As the right hon. Member will have seen—I know that he has studied the Bill closely—we are looking to implement our obligations in line with many existing obligations. It has been important for us to hear from scientists and other involved parties that there should be no extra burdens and that we should consider how to move forward together. When we ratify the agreement, we will be party to the Conference of the Parties and able to participate in how future decisions are made. That will be important to understanding how the UK can incorporate decisions efficiently, effectively and with the fewest possible resources.

--- Later in debate ---

[Seema Malhotra]

I will make a bit of progress—I thank my hon. Friend for his patience.

The Bill is divided into five parts. Parts 2, 3 and 4 align directly with three operational pillars of the BBNJ agreement: marine genetic resources, area-based management tools, and environmental impact assessments. I will address the Government amendments and clauses stand part now, but I will address the Opposition amendments in my closing remarks, so that I have had an opportunity to hear the shadow Minister’s contribution.

Part 1 sets out the definitions that underpin the rest of the Bill. Given that those definitions will be discussed at some length today, I say for the benefit of the Committee that “areas beyond national jurisdiction” comprise the high seas—waters beyond exclusive economic zones—and the area, meaning the seabed and subsoil beyond the limits of national jurisdiction, and “marine genetic resources” are defined as any marine material containing functional units of heredity of actual or potential value. Those definitions mirror the agreement and ensure consistency between domestic law and our international obligations. Clause 20 provides definitions for terms that are used in the Bill but not defined elsewhere in it.

In part 2, clauses 2 to 10 implement the provisions of the agreement relating to marine genetic resources. The provisions promote transparency in the collection and utilisation of marine genetic resources of areas beyond national jurisdiction and associated digital sequence information, and provide the building blocks for benefit sharing.

Clauses 2 and 3 create reporting obligations for individuals collecting marine genetic resources using UK craft and for those utilising those resources and associated digital sequence information. Information must be provided to the Secretary of State before and after collection, and information about the results of utilisation should be provided in accordance with the schedule. Clause 4 provides that the Secretary of State may transmit to the BBNJ clearing house mechanism the information provided on collection and utilisation, unless it is protected from disclosure under domestic law. Those clauses are designed to implement the UK’s obligation on information sharing, with the clearing house mechanism facilitating transparency and helping us to deliver on our obligations while protecting information that is not to be shared.

Clauses 5 to 7 impose duties on those managing repositories that hold marine genetic resources from areas beyond national jurisdiction, or databases of digital sequence information on those resources. They must ensure that samples or data can be identified as originating from areas beyond national jurisdiction, provide access, and submit biennial reports. Clause 8 sets out exceptions from the requirements of part 2 in respect of fishing and fishing-related activities, military activities, and military vessels and aircraft, as well as anything done in Antarctica, the marine genetic resources of Antarctica, and the digital sequence information of such resources. The Committee will be aware that this is because the Southern ocean is governed by the Antarctic treaty system, which was part of the debate we had on Second Reading.

Clause 9 provides the Secretary of State with regulation-making powers, including those necessary to implement the UK’s future obligations under part 2 of the agreement. Given that the conference of the parties may adopt further measures once the agreement enters into force, those powers are essential to ensure that the UK can respond in a timely and appropriate manner. The clause also allows for provision for any enforcement of those requirements imposed by or under part 2 of the Bill. We will ensure that there is ample time for scrutiny of additional measures that may be brought in under secondary legislation.

Finally, clause 10 requires guidance to be published in relation to the above-mentioned provisions on marine genetic resources. Those will be prepared by the national focal point in the Foreign, Commonwealth and Development Office and will provide practical illustrations to help institutions and researchers understand the requirements placed on them. The guidance developed will also be laid before Parliament. Taken together, these measures create a clear, proportionate and internationally aligned system that allows UK researchers to continue their world-leading work with confidence, meeting the requirements of the Bill and, in turn, allowing the UK to meet its obligations under the BBNJ agreement.

[Jeremy Corbyn]

The Antarctic treaty, which was long and hard fought for in this House and other places, has been important and, generally speaking, very successful. But there are issues about the increasing access to the Antarctic, the pollution that this causes and the need to clean up after the substantial number of visitors that go there at present. Is the Minister confident that the resources will be available to ensure that the Antarctic treaty is fully adhered to?

[Seema Malhotra]

The right hon. Member will be aware that the UK also made a declaration upon the signature of the BBNJ agreement stating that the Antarctic treaty system comprehensively addresses the legal, political and environmental considerations that are unique to that region, and provides a comprehensive framework for the international management of the Antarctic. It is important to recognise that it is also about the international management of the Antarctic, to which we are committed as part of the international community. I thank the right hon. Member for his comments.

In part 3 of the Bill, clauses 11 to 13 implement the provisions relating to area-based management tools, including areas beyond national jurisdiction designated as marine protected areas. Clause 11 contains provision for the Secretary of State to be able to make regulations to implement decisions adopted by the BBNJ conference of the parties under part 3 of the agreement. Many activities under UK jurisdiction or control in areas beyond national jurisdiction, such as fishing, are already regulated domestically, and where existing powers suffice, the clause 11 power will not be needed. However, where new measures are adopted by the conference of the parties, where they require additional controls or restrictions, the clause ensures that the UK has the necessary legislative mechanisms to comply. Clause 12 sets out the parliamentary procedure for regulations made under clause 11.

Clause 13 provides a power for the Secretary of State to issue directions to UK craft, without the need for secondary legislation in order to implement emergency procedures adopted by the conference of the parties. As emergency procedures may require immediate action to prevent serious harm to marine biodiversity, regulations alone may not provide sufficient responsiveness. The clause enables swift operational steps, such as directing vessels to avoid a particular area. Clause 13 is modelled on existing direction-making powers available to the Secretary of State’s representative under schedule 3A to the Merchant Shipping Act 1995. Given the nature of any scenarios that could arise, it is power-limited in scope and emergency in nature.

Part 3 of the Bill ensures that the UK can meet its obligations and exercise leadership in protecting ecologically important areas beyond national jurisdiction.