Biodiversity Beyond National Jurisdiction Bill

Kerry McCarthy Excerpts

2nd reading
Thursday 16th October 2025 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

Like others, I very much welcome the Bill, and I hope it swiftly passes into law so that we can play a full role at Ocean COP1 next year. If we look back beyond recent years, we had people such as John Kerry, and David Miliband as co-chair of the Global Ocean Commission, spearheading efforts on this front, but it then felt as if the issue dropped off the agenda. Next year will be important for ensuring that it becomes a priority again.

I will start by saying why the oceans matter, why they are under threat and why protecting them is so important. As we have heard, oceans are a massive carbon sink. They absorb over 90% of excess heat trapped by greenhouse gases, as well as around 25% to 30% of global carbon dioxide emissions. They host around 80% of all life forms, many of which are still waiting to be discovered. They are under threat from plastic pollution, ocean acidification and the bleaching of coral reefs, and from overfishing on an unsustainable industrial scale. The largest factory trawlers have net mouths of up to 1,200 metres wide and 200 to 300 metres deep that sweep up hundreds of tonnes of fish and seafood in one trip, much of which is bycatch, not for human consumption, that is then discarded. Oceana has called this

“marine deforestation—akin to clear felling an entire rainforest when you’re only looking to harvest one type of tree”.

The Environmental Justice Foundation has done some brilliant reports in the past into slavery and labour exploitation as part of this industrial-scale fishing, particularly in the Thai seafood sector. The fish stocks in territorial waters are depleted, but the further afield those ships go, the higher the risk to the workers that are kept at sea for years at a time.

According to the United Nations Food and Agriculture Organisation, between 35% and 37% of assessed fish stocks are being fished beyond biologically sustainable levels. That figure is much higher in the high seas and in straddling fish stocks, with two thirds classified as over-exploited or depleted. That includes iconic species, such as sharks, that are a crucial part of the ocean ecosystem. It is estimated that there has been a 71% decline in the ocean population of sharks and rays since 1970. Some 77% of oceanic shark and ray species are threatened with extinction. Roughly 100 million sharks a year are killed by humans through targeted fishing, shark finning and bycatch.

Many of us will have seen “The Blue Planet” series that did such a brilliant job at highlighting, among other things, the threat of plastic pollution and at spurring calls to action. I want to give a shout out to BBC Bristol’s natural history unit, which has been hugely influential, as well as giving great enjoyment to all the people who have seen its programmes. It is a great shame that agreement still has not been reached on a global plastics treaty, and we must keep up the efforts on that front.

I hope that Sir David Attenborough’s latest production, “Ocean”, will have a similar impact when it comes to bottom trawling. As Sir David says:

“What we have done to the deep ocean floor is just unspeakably awful.”

He says that the trawlers tear the seabed with such force that

“the trails of destruction can be seen from space”.

It was reported that some of the material filmed for the programme was deemed too shocking to be shown.

Due to climate change, more than half the world’s straddling fish stocks will shift across maritime borders between economic exclusion zones and the high seas by 2050. In the high seas, fisheries management is much more challenging and stocks are much more likely to be over-exploited, as I said earlier. That makes the need for marine protected areas in the high seas even more important. As we have heard, as well as being an island nation ourselves, because of our overseas territories the UK is the custodian of a fifth of the world’s territorial waters. That means that we are the neighbour, which is the next best thing as a custodian, of much of the high seas, including the Sargasso sea.

Greenpeace is calling on the UK to take a lead in working with our overseas territory, Bermuda, on developing an ocean sanctuary proposal for the Sargasso sea, ready to present it at the first Ocean COP next year. The Sargasso sea is a uniquely biodiverse and important ecosystem. The floating sargassum mats are known as the “golden floating rainforest”, and they are a haven for juvenile fish and turtles, a spawning ground for a rich range of species and an important migratory pathway for humpback whales. As a generator of massive carbon sequestration and oxygen production, the Sargasso sea is vital in tackling climate change and planetary health, but it is at risk of overfishing, pollution and shipping traffic. There is much support in Bermuda for the proposal, and I hope that we will be able to take that forward next year.

Given our strength as a global financial centre, the UK is uniquely well placed to play a role in developing innovative financial instruments that will help finance marine protection, building on what countries like Seychelles and Belize have done with their blue bonds and their debt restructuring. At COP29 last year, we launched our six principles for high integrity carbon and nature markets, and they have been out for consultation this year.

In a world where public sector resources and donations are dwindling, the world is looking to make progress on leveraging private sector finance in a meaningful and sustainable way. That could be of huge benefit to climate-vulnerable coastal countries and small island states, but could also be applicable to funding marine protected areas in the high seas, making it economically viable to protect our seas rather than to plunder them. I have heard that the Treasury may be less enthused about the nature side of these voluntary markets than the carbon side, but I hope that is not the case. I will certainly keep up the pressure on the Treasury to take this forward.

I want to speak briefly about deep-sea mining, to which I am totally opposed. Deep-sea mining could cause irreversible damage to deep ecosystems and a loss of undiscovered biodiversity. I understand that the current UK position, as confirmed by an FCDO ministerial answer last month, is that we back the suspension of deep-sea mining and support a moratorium on the granting of deep-sea mining contracts by the International Seabed Authority. The Minister said that we will not grant licences for exploitation unless

“there is sufficient scientific evidence about the potential impact on deep sea ecosystems, and strong enforceable environmental Regulations, Standards and Guidelines”.

However, it is not clear what powers we will have through this international collaboration to stop other countries issuing such licences, so I hope that the Minister will clarify that in her summing up. I am a little concerned that the measures in the Bill about marine genetic resources will open the door to deep-sea mining. I accept that there is a case for exploring the potential of such resources, if carried out under strong safeguards, but I would resist any attempt to allow deep-sea mining to occur.

Finally, while I welcome international initiatives and, as has been made clear, the Bill addresses areas beyond national jurisdiction, we need to lead by example with stronger protection for our own territorial waters. As has been said, there has been some progress, notably around our overseas territories, but perhaps it is easier to act when those areas are thousands of miles away and do not have the same economic interests. There has been great work around Ascension, Pitcairn and South Georgia, but there is more of a mixed picture around the UK coast.

Dogger Bank in the North sea is one of the largest marine protected areas. Since it was established in 2022, it has benefited from a 98% reduction in bottom trawling, supporting the recovery of marine species like halibut, cod, angel shark and eels. As it says in the UK’s national biodiversity strategy and action plan, all marine protected areas must be well managed, enforced and effective, not paper parks. We could start by moving faster to end all bottom trawling in our marine protected areas.

The recent excellent report “Blue Carbon”, published by the World Wide Fund for Nature, the Wildlife Trusts and the Royal Society for the Protection of Birds, set out a blue carbon mapping project carried out with the help of the Scottish Association for Marine Science. We are the first country to undertake such mapping. We know about the importance of kelp forests, seagrass meadows and mangroves, but it is the less glamorous sediment on our seabed that is the true hero in carbon sequestration. The report found that 224 million tonnes of organic carbon was stored in just the top 10 cm of seabed sediments and vegetated habitats, and 98% of that was in the sediment, such as the mud.

In my role as Minister for climate, it frustrated me that we talked so much about the role of trees and forests in carbon sequestration, but we did not talk about the oceans at all. I was told that that was because it was difficult to quantify, so this project is a great example. If this is the amount of carbon work that is being done by the seabed around the UK coast, just think about the amount that the seabed of our high seas is doing. We must have action on that at Ocean COP. I hope that the Bill will be enacted very soon, and I look forward to next year’s discussions.

--- Later in debate ---

[Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)]

This has been a wide-ranging and important debate on a vital Bill. There have been many valuable and informed contributions, not least from the hon. Members for Glasgow North (Martin Rhodes), for Calder Valley (Josh Fenton-Glynn), for North East Hertfordshire (Chris Hinchliff), for Cannock Chase (Josh Newbury), for Derbyshire Dales (John Whitby) and for Chatham and Aylesford (Tristan Osborne). The hon. Member for Exeter (Steve Race) is rightly proud of the great academic institutions in his constituency, highlighting the important role that UK research plays in the world.

It was a pleasure to see the hon. Member for Rotherham (Sarah Champion) making one of the first Back-Bench contributions. She reinforced the points that my hon. Friend the Member for Romford (Andrew Rosindell) made about the destruction of the marine environment. I know that she speaks from a position not just of expertise but of passion, and she has shown that over so many years, with a commitment to our oceans and with the work that she has led on.

May I say to the Liberal Democrat spokesman, the hon. Member for South Cambridgeshire (Pippa Heylings), that she shows why it is so important that we have people in this House with such wide-ranging experience, who have had lives outside this place? She has brought expertise to the debate and I am sure that many of us envy her in what she has been able to do, the intellect that she has applied to the argument and the fact that we can all listen carefully to what she has said.

The hon. Member for Bristol East (Kerry McCarthy) said something important when she talked about marine deforestation and some of the mainstream media shows that had footage that she had heard had been too shocking to show. That represents a real problem in this debate. Are we wrapping this up in cotton wool for some people, to not show exactly what we are trying to deal with? She made the important point that we should not hide from what is going on in the world.

[Kerry McCarthy]

I agree with the right hon. Gentleman to an extent. It was reported in The Guardian that some of the footage was deemed too shocking to be shown. I do not know whether he has seen it, but what remains in the film is incredibly powerful. I have read about bottom trawling in the newspapers for a long time, so I knew about it from a factual perspective, but it was only when I saw those images that it was brought home to me how terrible it is.

[Sir Alec Shelbrooke]

I am grateful to the hon. Lady for that important intervention.

The hon. Member for Bath (Wera Hobhouse) raised the importance of mainstream media. We are grateful for her apology to my hon. Friend the Member for Romford for misinterpreting his drive about the importance of the Chagos islands.

It is disappointing that the hon. Member for Chesterfield (Mr Perkins), who is no longer in his place, felt that not enough of my colleagues were in attendance, but those of us who were here have stayed here—Mr Speaker has commented on many an occasion that I can often be more than enough. The hon. Member for South Cotswolds (Dr Savage) pointed out how little we know about the oceans. That is an important point. It has often been said that space exploration gets lots of coverage and we talk about it very much—indeed, we are talking about manning the moon again, and maybe using it as a launch pad to go to Mars—yet so much of our own planet is completely unknown and unexplored.

That brings me to the hon. Member for Brent West (Barry Gardiner), who has a genuine interest and expertise. He gave a wide ranging and important speech and made an important point about the ocean being one of the biggest solutions to climate change. He is indeed right that the European economic zones are a legacy from the days when we owned half the world. One of the great achievements of the last Conservative Government is the work we did on the blue belt and on ensuring that we protected important marine environments. I do not know whether he will expand on this in later debates, but I noticed that he did not appear to be fully supportive of giving up on the fisheries from the EU with the EU reset. I wonder whether he may have things to add to that debate at another time, but perhaps now is not the time and place. However, he does make an important point that we can only do what we have to do as a country if we have the ability to do it in those waters.

The way that the hon. Member for Ely and East Cambridgeshire (Charlotte Cane) approached the subject of the Conservative party’s record in this area was a real pity. I am proud of some of the work we did on the blue belt, including working on this Bill, and as we have seen during the debate, there is wide support for it across the House.

The right hon. Member for Islington South and Finsbury (Emily Thornberry) pointed out her genuine delight in the fact that this House has so many experts to speak on such an important issue. She echoed the concerns of my hon. Friend the Member for Romford on what will happen with the Chagos Bill. I do not want to go into great detail on that, because we are going to be here a long time on Monday evening debating that Bill, but I think she was driving at the fact that the assurances in the Chagos Bill do not go far enough in protecting the blue belt. I welcome her clarification that my party has raised the issue of the blue belt. She comes with expertise and deserves to be listened to when she is raising these important points.

The Minister opened the debate by talking about the urgency and importance of this moment. That is true. When my hon. Friend the Member for Romford spoke, he made some very serious points, not least about how we can ensure that the responsibilities that the United Kingdom has always taken towards marine fisheries do not get overridden if we cannot control our work entirely. He made the point that, in the scheme of things, we must ensure that we do not hand over the ability to other countries to stop us doing that work.

The reality is that—again, I will touch briefly on this because it is not part of the debate—the UN Security Council, set up for a reason, finds it hard to react to what is happening in Ukraine because Russia can override anything with its veto. We must ensure that we have the ability, as a Government and a country, to employ the laws and protections that we need to put in place. We will raise these areas in Committee, even if that is through probing amendments, because we want to ensure that the Bill can do exactly what it intends to do.

The reality of the Bill also comes into some of these situations that we see on the horizon. We know about the opening up of the Arctic, the melting of the sea ice and the opening of the north-east passage, which for many months—certainly weeks—of the year is fully navigable; the ice has gone away by that much. At the same time, we know that President Putin and the Russians have said that there are hydrocarbon resources in that ocean that they want to mine. That would be devastating for the fragile ecosystems that exist in that unique area of the world, which is almost completely untouched.

I had the pleasure back in May of being part of the NATO Parliamentary Assembly visit to Svalbard. The University Centre in Svalbard has dozens of countries, universities, academic institutions and hundreds of nationalities studying that region, climate change and the effect it has on the Arctic, and the effects on ecosystems. It is absolutely vital, as we see the geopolitical tensions forming in areas where they have not been before, that we have those strong protections in place.