Global Ocean Treaty

Kevin Foster Excerpts

Thursday 25th April 2024 Westminster Hall

[Kevin Foster (Torbay) (Con)]

I beg to move,

That this House has considered the ratification of the Global Ocean Treaty.

It is a pleasure to serve under your chairmanship, Ms Vaz. I thank my colleagues on the Backbench Business Committee for allocating this slot to me. In preparing for this debate, I have been grateful for the many supportive emails I have received from constituents who are keen to see the global ocean treaty ratified. I am also grateful for the time that Lord Benyon took to hear me strongly pushing him to go faster with his policy. For clarity, although I have a private Member’s Bill that is due to be considered by the House, my remarks will focus not on that but on the process of and work needed to implement this landmark treaty.

This debate is one in which we all agree with the goal: that the UK should ratify the global ocean treaty, also known as the high seas treaty, which was agreed by UN negotiators on 6 March 2023 following nearly a decade of negotiations in which, although I know she would be too modest to mention it herself, my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) had a driving role. She has been supporting me with this issue and, I am sure, will make a worthwhile contribution later. The UK played a significant part in the negotiations. Our team of negotiators, who were supported every step of the way by Ministers committed to achieving an agreement—and, to be fair, by the main Opposition parties—should all be thanked today.

It is good to note that the UK Government was one of the first signatories to the treaty; however, it still has not been formally ratified by the UK. The treaty is a welcome update to the main international agreement on the oceans, which was adopted way back in 1982 and came into force in 1994: the UN convention on the law of the sea. That established the high seas as international waters in which all countries can fish, ship and do research, but did not include any specific protections for marine biodiversity. The global ocean treaty will change that by providing a legal framework for establishing marine protected areas, to protect against the loss of marine wildlife and share the genetic resources of the high seas.

With the current legal framework now out of date, every week that goes by without the new treaty in place sees the precious environment of our oceans put at risk. As soon as 60 countries ratify it, the treaty will enter into force and we can ramp up international action to protect our shared ocean, mitigate climate breakdown and safeguard the lives and livelihoods of billions of people worldwide. Hence, the UK should make progress to get the treaty ratified quickly and within the remaining period of this Parliament—[Interruption]—despite the objections of some people’s mobile phones.

One question that some listening will ask is: what is the potential impact once the treaty is enforced—what are we actually seeking to achieve? At its heart is the delivery of the 30 by 30 target. For background, the UN convention on biological diversity aims to promote biodiversity conservation and includes a focus on the identification of ecologically or biologically significant marine areas. In 2022, the Kunming-Montreal global biodiversity framework was adopted at the 15th conference of the parties. It included a target to ensure that

“by 2030 at least 30 per cent of terrestrial and inland water areas, and of marine and coastal areas…are effectively conserved and managed through ecologically representative, well-connected and equitably governed systems of protected areas and other effective area-based conservation measures”.

That is now commonly referred to by the much snappier title of the “30 by 30” target. The global ocean treaty is crucial to enforcing that pledge, because without the treaty there will be no legal mechanism to set up marine protected areas on the high seas. We could declare them, but it would be open to some to simply ignore them.

The UK has committed to 30 by 30 and, in an election year, it is worth noting that the three main parties of Westminster are broadly committed to the agenda. The UK is also the leader of the 77-country global action alliance that champions ocean action and conservation towards the target. In that area, we can also be proud to be practising what we are preaching to others within our own waters. Some 38% of UK waters are included in a comprehensive network of marine protected areas, and within the overseas territories more than 60% of waters are protected and sustainably managed within the blue belt. We have a good record, so we should want to show it by being one of the first 60 to ratify the treaty.

We must see the global ocean treaty in the context of the wider work being done to protect our oceans. A few years ago, the idea of mining the deep sea would have been confined to a sci-fi film. Now, technology makes it possible, and areas that until the last century man had never seen or touched, which harbour some of the most unique biodiversity, are under threat. I therefore very much welcome the announcement on 30 October 2023 that the UK would support a moratorium on the granting of exploitation licences for deep-sea mining projects by the International Seabed Authority. As a nation, we should be driving the need for the ISA to develop strong, enforceable environmental regulations, standards and guidelines before any mining commences, while adopting a generally precautionary approach to this novel practice.

Deep-sea mining could pose a new threat to the deepest parts of the oceans, but another threat has been building for decades, and has now touched even the deepest parts of our ocean and washed up on the most remote shores: plastic. I welcome the Government’s work to reduce the use of single-use plastics, some of which might be used only for a couple of minutes but last centuries in the environment. The fact that a litter pick in Torbay found crisp packets from the 1980s, with some from the 1960s being discovered nationally, speaks volumes about what a moment’s idleness can produce. I am pleased that the UK is a founding member of the High Ambition Coalition to end plastic pollution, which is committed to achieving an ambitious treaty by the end of 2024. We need a clear and strong set of global standards to tackle the problem. Each nation can make its own contribution, but it is inevitable that a global approach is needed.

I note the aim of ending plastic pollution across the globe by 2040, including by restraining and reducing plastic production and consumption to sustainable levels, promoting a circular economy for plastic, and managing plastic waste in an environmentally sound and safe manner. I still recall how difficult it was during my time in local government, back in the 2000s, to get a contract for the processing of plastic collected for recycling that could guarantee that the plastic would actually get recycled, rather than shipped abroad, often to take advantage of labour and environmental practices that were banned in the UK. At that time, it was also well known that many of the items collected could end up as landfill, and not recycled as claimed when they were collected. It was said that they had been recycled simply because they had been exported for that purpose.

I generally welcome the written ministerial statement of 25 March, which provided a welcome update on the current position on ratifying the treaty. As of that day, the agreement had gained 88 signatures and two ratifications out of the 60 needed—although I understand that the number of ratifications is now four, with Belize, Palau, Chile and the Seychelles having formally ratified the agreement. The treaty was laid before Parliament for scrutiny on 16 October last year. According to the statement:

“Before the UK can ratify international agreements, legislation needs to be in place to ensure that new obligations can be complied with…The provisions in the agreement on marine genetic resources…require a clear legislative framework, including substantive provisions in primary legislation.”—[Official Report, 25 March 2024; Vol. 747, c. 67-68WS.]

Hence my introducing to the House a Bill to provide a legislative vehicle for just that.

The Government’s statement also outlined how the treaty creates new obligations for UK businesses, in particular the pharmaceutical, agricultural technology, cosmetic and chemical sectors, along with science and research. It also outlined that

“thorough engagement with key stakeholders is underway to help to ensure that implementation is effective and avoids any unintended consequences.”—[Official Report, 25 March 2024; Vol. 747, c. 68WS.]

Few would argue with a statement like that, but we do not want any delay in getting vital protections in place for our oceans—hence our wanting to ratify the treaty as quickly as we can.

My meetings with the Minister in the other place and officials were interesting, and I welcomed the written statement formally confirming the Government’s intention to ratify. However, given the importance of this work and the impending general election, it is no surprise that many stakeholders are keen to see the Government, who were so keen to get the global ocean treaty in place, be the one that ratifies it—thereby ruling out its ratification being subject to any of the vagaries of future politics, which are inevitable in an election year.

I note that the statement last month indicated that the Government are preparing legislation, with their aim being to implement and ratify the treaty in time for the UN ocean conference in June 2025. I understand that that target is shared by some other countries, but as always I am keen that we set the bar. Hitting 60 countries as quickly as possible is important because the first conference of the parties will meet within the first year of the agreement entering into force. That is when the real work of the treaty can start.

I note that the UK is already part of the preparatory commission to be established by the United Nations to prepare for that conference. It has been indicated that the legislation will come in the first part of the next Parliament, which could be later this year but similarly could be nine months away. Yet would this be a top priority in a new Parliament in the way that it has clearly been for this one and this Government? The sooner we hit 60, the sooner the first conference of the parties will take place.

Given what I have already outlined, there are some specific points to which I would appreciate hearing the Minister’s response. First, what timeline have the Government set themselves for completing the work on drafting the legislation? Why could it not be done by summer for an autumn introduction? Secondly, what prevents a legislative slot being used in the latter part of this year, given the obvious wide support that the legislation could command across the House and in the other place and—although I do not want to speak for them—the likely support we would have from the Opposition for moving it through this place relatively quickly? Thirdly, from her engagement with other countries, when does the Minister expect the 60-nation mark to be hit?

The global ocean treaty is a landmark treaty. It is the basis of delivering the 30 by 30 target, which would protect vast areas of our ocean and the biodiversity within them. Over the past decade, the Government have helped to drive forward the creation and negotiation of the treaty. Individual Ministers have worked with determination to get it agreed and to put the UK’s signature on it. The final stage is ratification. While the pledge by World Oceans Day next year is welcome, surely the Government must want the ratification of this landmark agreement to be a landmark achievement they can cite to voters when the general election comes.

[Valerie Vaz (in the Chair)]

I expect to go to the Front Benchers just before 3 pm, to give Kevin Foster two minutes at the end to wind up.

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[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Vaz. I genuinely express thanks to the hon. Member for Torbay (Kevin Foster) for this debate. I recognise that it is not the first time that he has pursued this interest in the ocean treaty. I am really grateful that he has brought about the debate today.

I tip my hat once again to the right hon. Member for Suffolk Coastal (Dr Coffey), who, despite no longer being in the Front-Bench position, has continued to advocate for environmental issues from the Back Benches. I completely respect that. And I love, I have to say, the right hon. Member for Orkney and Shetland (Mr Carmichael) being “in violent agreement” in a debate. It is not often that we are in violent agreement, but I quite like that as a phrase—so long live our violent agreement.

I always enjoy the speeches by my hon. Friend the Member for Brent North (Barry Gardiner). They are always very informed, and I know how passionately he cares about the environment. We share an interest in whale poo, so that is really good. That was going to be in my speech a bit later on; I think it is fascinating.

Why does the treaty matter? The treaty stopping any individual country having a veto is important, because not all countries will agree all the time. One country being able to have a veto would always delay things. That is an important point to highlight.

My hon. Friend the Member for Ellesmere Port and Neston (Justin Madders), an excellent Member of Parliament, has been listening to his constituents who come here to speak about this subject. He has been hearing about it, and he pointed out the rarity of agreement among us. My right hon. Friend the Member for Islington North (Jeremy Corbyn) highlighted the progress on how we view the oceans and how it has changed for the better over the years. There is still further to go. I liked the phrase he used at the end, about an “attitude of mind” with the ocean. He made the good point that just because it is out of sight, it should not be out of mind. That is worth bearing in mind.

The ocean is beautiful. Perhaps it is the former teacher in me, thinking that every day is a school day—but every day is, when it comes to the ocean. We learn more and more, and we understand more and more. The more we learn about it, the more the mind is blown by how important literally everything is.

In my constituency is a place called the Deep, a big aquarium. It is amazing. When I was younger and my children were little—one was a baby and one a toddler— I got a year’s pass, very good value, for us all to go as a family. Every week, my toddler used to say, “Go to the Deep! Go to the Deep!” and I would be like, “Go and push them around the Deep—again?” At lunchtime, if I timed it well, we could go into the dark area—the deep sea area—and the baby would fall asleep, so I could eat with the toddler before the baby woke. I spent many a day in the Deep, learning about and understanding the ocean.

Oceans regulate everything, including our climate. They support biodiversity and provide food and livelihoods, as has been pointed out, but less than 1% of the high seas is currently protected. As mentioned by my hon. Friend the Member for Brent North, without the high seas shielding us, we would already be in a full-scale climate breakdown. We should be preserving critical habitats, such as mangroves, seagrass beds and coral reefs, which act as carbon sinks. Protecting those vast stores of blue carbon is critical to slowing climate change. The plants and animal life of the oceans fix carbon. I loved that about the whale poo. It is amazing. If, however, we were able to increase the plankton population by just 1%, it would have the same climate benefit as about 2 billion mature trees. As I say, every day is a school day—I get very excited about all this.

It is time to stop presenting the protection of the natural world as a trade-off between the needs of people and the needs of nature. There is no trade-off. Protecting our oceans and the life they contain protects us. But do not take just my word for it. The UN global oceans treaty is historic. It is one of the most significant steps forward in international conservation in human history—something we can all be incredibly proud of. Yesterday, the European Union ratified it, and we should be proud that the UK was one of the first countries to sign the treaty when it opened for signatures at the UN last year. Since then, however, progress has stalled, and the legislation has been pushed back—I am hearing until after the general election, apparently.

Please hold in the forefront of your minds, the incredible prize that is in front of us: the opportunity to protect life on our planet. It is not often that we get the chance to look at that. Just imagine how great, how good, for our international reputation it would be if the UK were leading from the front, championing the new high seas ocean sanctuary proposals. Imagine the signal we could send the global community of the UK as a real and genuine world leader, with a commitment to tackling climate change, biodiversity and global ocean protection. Sadly, however, that is just my imagination, and the reality brings us much further down to earth.

The fact is that the Government have simply failed to devote the resources needed to this legislation and to get the job done. In the ministerial letter to the hon. Member for Torbay on 28 March, Lord Benyon claimed that the private Member’s Bill would,

“slow down the necessary work towards ratification by diverting resources”.

I find it difficult to believe, or understand, how that could be a serious problem in a well-resourced project.

Will the Minister therefore update us on the progress of the legislation and any future timetable? To meet the goal of protecting at least 30% of the world’s oceans by 2030—as has been mentioned—the work to identify and collaborate on proposals for ocean sanctuaries must begin now, so will the Minister confirm that that identification has begun and tell us which countries we are collaborating with?

Another interesting fact: the Sargasso sea—as has also been mentioned a few times—is nicknamed the golden floating rainforest. Wow! The golden floating rainforest is home to more than 145 invertebrate species and more than 127 species of fish. Will that site be identified as a priority by the UK, as it is surrounded by UK overseas territories? Our global British family in the UK overseas territories contains 94% of all the unique species that the UK is responsible for. These huge marine areas throughout the world’s oceans are highly vulnerable to the impacts of climate change, yet their contribution to it is negligible. That is understood by our friends in the overseas territories and recognised by schemes such as the blue belt programme, which have been mentioned. From Helena to Cayman, Bermuda to Anguilla, the Falklands to the British Virgin Islands, these efforts underpin the reasons why this debate is crucial. Does the Minister share my ambition for the UK to be ready to present at the treaty’s first conference of the parties, COP1? If so, does she agree that identification of, and collaboration on, marine protected areas is urgent?

The UK has every incentive to lead the way on the ratification of the treaty and show global leadership. Wouldn’t it be good for the UK to be leading the world in a positive way, to make the news for positive reasons and to show that it actually follows and agrees with international law? Wouldn’t that make a wonderful headline?

[Kevin Foster]

I am very much enjoying the hon. Lady’s speech, and there is very little of it that I disagree with. Obviously, I hope that her party will not be the one making this decision. However, can she be clear, given that there is an impending general election, that she would, first and at the very least, meet the target for ratification that the Government set out and, secondly, ensure that the legislation will be in the first King’s Speech?

[Emma Hardy]

I am delighted to say that we absolutely would meet that target. We would signal to the international community that we take seriously our responsibility for tackling the interconnected climate and nature emergencies by prioritising the treaty. If we do not prioritise and pass the treaty, we would simply not be doing that. Wouldn’t it be wonderful to be in a new Labour Government and ratify this treaty? I almost feel sorry for the people opposite who have put most of the work in beforehand. Instead, we have seen what we always see with this chaotic Government: dither, delay, excuses.

I have a simple message to all those who care about protecting the oceans and to all those who know that protecting the oceans protects us: if the Government will not ratify this treaty, then a future Labour Government will, and we will be the leaders that this treaty needs and deserves.

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[Kevin Foster]

The Minister says that the work on the legislative framework is almost complete. When does she expect it to be complete, and what timeline has she set for that?

[Anne-Marie Trevelyan]

My hon. Friend asks me questions that I am afraid I do not have the answer to, but to my earlier point, I will ensure that Lord Benyon contacts him to give him the latest update on that as soon as possible. My hon. Friend the Member for South West Bedfordshire (Andrew Selous) highlighted that the UK’s blue belt now protects an area of ocean larger than India around the UK’s overseas territories, so of course we welcome the extension of the BBNJ agreement to them and to the Crown dependencies, recognising that they have their own domestic considerations and, indeed, procedures to undertake.

We want to see the BBNJ agreement implemented and ratified by as many countries as possible as soon as possible, so we are supporting the efforts of developing countries, including some of the smaller Commonwealth countries, and working through the Commonwealth secretariat for small island developing states. There is particular interest from some Pacific and Caribbean islands and states. We are scoping out new marine protected areas that could be proposed once the agreement is in force. Of course, all that sits alongside our wider work to champion the ocean, both at home and right across the world.

--- Later in debate ---

[Kevin Foster]

It has been a pleasure to sit through this debate. I repeat the point made by the right hon. Member for Orkney and Shetland (Mr Carmichael): we have all been pretty much in violent agreement about the outcome we all wish to see, namely the prompt ratification of the treaty by the UK. However, I have to say that I did not realise quite how much whale poo would form a part of our discussion.

It is also right that we have referred to the issues around plastic. I am grateful to my hon. Friend the Member for South West Bedfordshire (Andrew Selous) in particular for his point on that.

It is welcome to hear some of the comments made by both sides of the House, particularly given the necessity of taking our legislation through either just before a general election, as I had hoped, or just after. That will help to protect us against some of the vagaries of politics that inevitably come in an election year. That said, I hope we can get on with the work of getting the proposed legal framework out there. I would like to hear a timeframe so that we can actually get on. We should not be looking to meet the bar of others; we should be looking to be one of the leading nations in getting the treaty ratified so that we can get on with the vital work of protecting our oceans.

Question put and agreed to.

Resolved,

That this House has considered the ratification of the Global Ocean Treaty.