Biodiversity Beyond National Jurisdiction Bill

Judith Cummins Excerpts

Consideration of Lords amendments
Monday 2nd February 2026 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Judith Cummins)]

I can inform the House that nothing in the Lords amendments engages Commons financial privilege.

After Clause 9

Power to make regulations: Scotland and Northern Ireland

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Seema Malhotra)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss Lords amendments 2 to 12.

[Seema Malhotra]

I am delighted that the Biodiversity Beyond National Jurisdiction Bill has returned to this House for the consideration of Lords amendments. I thank Members of both Houses for their careful scrutiny and for the constructive and collaborative approach throughout the Bill’s passage. I also place on the record my thanks to Baroness Chapman of Darlington for leading the Bill expertly through the other place. In today’s debate, we will seek to address the amendments made by the Government there, and I thank all those in that House who have been involved in debates on this Bill.

Before I speak to the Lords amendments, I remind the House that the passage of this Bill is a vital part of delivering the UK’s international obligations under the BBNJ agreement. It will strengthen the global framework for protecting biodiversity in areas of the ocean beyond national jurisdiction, improve how we manage environmental impacts in those areas and help to ensure that the benefits arising from marine genetic resources are shared fairly.

I am pleased to inform the House that the BBNJ agreement entered into force on 17 January. Following Royal Assent, and subsequent secondary legislation to be passed in the coming months, the UK will ratify the agreement. We intend to play a leading role at the first conference of the parties, which will take place at some point before 16 January 2027.

Turning to the Lords amendments, the House is being asked to consider a package of 12, all of which were put forward by the Government. They relate to devolution and are designed to support effective implementation of the BBNJ agreement across the whole United Kingdom, while respecting the devolution settlements and ensuring that devolved Ministers are appropriately engaged, where devolved competence is affected.

--- Later in debate ---

[Seema Malhotra]

The hon. Member continues to put on record his concerns. He will know that, as we move forward following ratification, we will continue to have detailed conversations. It is important that the rules and regulations are clear for all to operate by.

I was just referring to how we have been moving forward on the Bill to ensure that the devolved Governments are engaged in advance of regulations being made and are able to make their own provision on devolved aspects where they wish to do so. We continue to work closely together to support the timely and effective implementation of the agreement.

Lords amendment 7 inserts a new clause, after clause 17, that makes changes to the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 to ensure that the UK meets its obligations under the BBNJ agreement in relation to Scottish marine licensable activities in areas beyond national jurisdiction. The UK Government will be amending their own environmental impact assessment regulations, and Scottish Government officials have worked closely with UK counterparts to draft corresponding provisions. Accordingly, Lords amendments 8 and 9 also limit the power in clause 18 to implementing only article 38 standards or guidelines, as a wider power is no longer required in the light of other changes that will be made directly through the Bill.

Lords amendments 10 and 11 ensure that clause 22, which sets out procedures for the making of regulations under the Act, does not apply to regulations made under clauses introduced by Lords amendments 1 and 4. Instead, the procedures set out in Government amendments 2 and 5 respectively will apply.

Finally, Lords Amendment 12 amends clause 25 so that the clause introduced by amendment 7 comes into force on such a day as the Secretary of State appoints by regulations, rather than upon Royal Assent. This change ensures a consistent approach across the Bill with regard to the environmental impact assessment regulations that are being amended.

The Government’s objective is to implement the BBNJ agreement effectively across the whole of the United Kingdom, and to do so in a way that respects the devolution settlement and supports continued constructive collaboration with the devolved Governments. I therefore commend these 12 Lords amendments to the House, and I urge Members to support them.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

[Mr Andrew Snowden (Fylde) (Con)]

The Opposition recognise the importance of this Bill and the shared international ambition to protect the world’s oceans and marine ecosystems. We support the principle of effective global co-operation in this area and we want this legislation to succeed. However, it is precisely because of the Bill’s significance, its reach across the devolved Administrations and its potential financial and regulatory consequences that it demands the highest standards of scrutiny and clarity. It is in that constructive spirit that I wish to raise a number of questions for the Minister today. I hope that, in that same constructive spirit, she seeks to answer them fully.

We know that the Government tabled quite a number of amendments to the Bill on Report in the House of Lords. Those amendments are before us today. It is rather disappointing that the Government needed to do this at such a late stage in the Bill’s passage. As my noble Friend Lord Callanan said in the other place, tabling amendments at such a late stage was not conducive to the best Lords scrutiny. Does the Minister accept that the work with the devolved Administrations that led to the tabling of these amendments should have taken place earlier? Are lessons going to be learned for future legislation?

On the new clauses on consultation with Scotland and Northern Ireland to be inserted after clauses 9 and 12, can the Minister confirm that this definitely does not stray into legislative consent territory? Can she also set out what would happen if Scottish or Northern Irish Ministers did not approve of measures during the consultation process? Regarding the new clause to be inserted after clause 12 relating to the new regulation-making power, what would happen if, say, the Scottish Government decided to take a divergent path or set up a system that put themselves at odds with the UK Government’s position? Is there a risk to the operability of the system there?

The Government’s own impact assessment found that this Bill would generate compliance costs for those involved in the collection and utilisation of marine genetic resources and related digital sequence information. What steps are the Government taking to ensure that those costs are not prohibitive to the very research we are hoping to promote through the Bill? While there are still many unanswered questions about enforcement, it is hard to see how the compliance, licensing and enforcement will be cheap. What level of resource is going to be put into enforcing the regime? A Ways and Means resolution is required for this Bill precisely because it will lead to costs to the public purse, so what assessment have the Government made of the value for money in this respect, and what is the cost-benefit ratio?

The final-stage impact assessment also refers to potential future costs if emergency legislation is needed to respond to any further decisions made by the convention on biological diversity. Can the Minister clarify the parameters? What are the Government anticipating, how much money do they assess might be involved, and are they planning to ensure that the risk of unintended consequences is mitigated?

It would be impossible not to mention the tension between the Government’s ambitions with regard to this Bill and their surrender of the Chagos islands, which may well see the dismantling of an exemplar marine protected area. Can the Minister tell us exactly what undertaking Mauritius has given to the MPA? Will she identify any red lines that the Government have clearly set out, and will she tell us precisely what continuing role Britain will play in MPA management in respect of the terms of the treaty? For example, have the Government had any discussions about preventing damaging Chinese trawler boats from accessing the MPA?

We all share the objective of protecting our oceans and safeguarding biodiversity beyond national jurisdiction —indeed, that is why it was a Conservative Government who first signed up to the biodiversity beyond national jurisdiction agreement—but good intentions on their own are not enough. The House is entitled to clear answers on scrutiny, devolution, operability, cost, enforcement and value for money, as well as honesty about how the Bill sits alongside the Government’s wider actions on marine protection in the British overseas territories. Until Ministers can provide that clarity and reassurance, there remains a real risk that a Bill designed to lead internationally will instead create uncertainty at home. I urge the Minister to respond fully to the questions raised today, so that the House can be confident that this legislation is workable, proportionate and worthy of the ambitions that the Government have for it.

[Madam Deputy Speaker (Judith Cummins)]

I call the Chair of the Environmental Audit Committee.

[Mr Toby Perkins (Chesterfield) (Lab)]

I warmly welcome the Bill, whose introduction last year involved a happy coincidence in fulfilling one of the Government’s commitments and satisfying one of the Committee’s recommendations at the same time. This landmark legislation will lay the groundwork for protecting the marine environment and the wildlife that inhabits it, which lie beyond the control of individual nations. As the Government’s “Nature security assessment on global biodiversity loss”, published last week, set out in stark terms, natural ecosystems such as the ocean and the Amazon rainforest are at risk of collapsing, and the resulting crop failures, intensified natural disasters, and conflict and political instability are highly likely to threaten UK national security and prosperity. It is vital for the UK to take leadership on the international stage to tackle global biodiversity loss and climate change.

I welcome this Government’s commitment to multilateral co-operation on ocean governance and I look forward to the Bill receiving Royal Assent, which will enable the UK to ratify the BBNJ agreement. It is true to say that the initial indication of Government support for the agreement came from the last Government, although it was disappointing that over the 18 months or so that followed that commitment we never got the legislation back here. I am therefore pleased that the present Government have proceeded with this important measure.

The UK also makes an important contribution to global efforts to halt environmental decline through its international funding for climate finance, a third of which is earmarked for nature-based solutions to climate change. To date, however, there has been limited indication of the Government’s next steps regarding the five-year international climate finance budget that is due to commence in April. They have also failed so far to invest in the tropical forests forever facility and to leverage further private finance into that innovative fund, thus protecting forests in perpetuity.

Although the Minister has rightly championed our contribution to this impressive act of international co-operation, does she agree that we have more to do to ensure that we retain the UK’s hard- earned reputation as a global leader in the field of international climate action? Can she confirm that the UK will continue to contribute to protecting and restoring global ecosystems by maintaining its international funding for climate, including funds for nature projects, in the next funding round?

I welcome this important Bill. This Government have acted where previous Governments merely talked about such action, and I look forward to them continuing in the same positive direction in respect of the other matters to which I have referred.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.