Biodiversity Beyond National Jurisdiction Bill

Jim Shannon Excerpts
Emma Hardy Portrait Emma Hardy
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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 Portrait Jim Shannon (Strangford) (DUP)
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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 Portrait Emma Hardy
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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.