Biodiversity Beyond National Jurisdiction Bill

Matt Rodda Excerpts

Monday 17th November 2025 Commons Chamber

[Matt Rodda (Reading Central) (Lab)]

Will my hon. Friend give way?

--- Later in debate ---

[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.

[Matt Rodda]

The Minister is making an excellent speech, and I pay tribute to her work and that of the Government in showing UK leadership in this important environmental area. Could she also briefly touch on the importance of working in a multilateral way with partners from around the world, and—perhaps she will move on to this point later in her speech—could she outline how the UK will work with other countries to protect these areas and carry out other important work?

[Seema Malhotra]

My hon. Friend is absolutely right that this is an area where obviously no nation can work on its own. It has to be done through being influential on the world stage, working through and with the UN, and with our international partners and other nations. Indeed, through the course of all of our conversations, be that in the FCDO, DEFRA or other Departments, we maintain dialogue on this and other important matters in relation to our environment and climate impact around the world. I am grateful to my hon. Friend for raising that issue, because it is another example of where being outward facing as a nation, as this Government have chosen to do, is incredibly important for not just what we achieve at home but our responsibilities on the world stage.

I will make some progress on part 4 of the Bill. Clauses 4 to 19 implement the environmental impact assessment provisions of the agreement, where relevant to marine licencing, and ensure that UK marine-licensable activities and areas beyond national jurisdiction are subject to the appropriate level of scrutiny. Clause 14 amends the Marine and Coastal Access Act 2009 to ensure it can be used effectively to regulate planned UK activities in areas beyond national jurisdiction. Government amendment 1—a minor amendment—has been tabled to omit the heading “on the continental shelf”, which will adjust the 2009 Act so it more accurately reflects the content of this section, including the section that is amended by clause 14 in part 4 of the Bill.

Clause 15 updates the Marine Works (Environmental Impact Assessment) Regulations 2007 to bring them into alignment with the BBNL agreement. Government amendment 2 would add “or person” to subsection (5)(b) as a minor clarificatory amendment to the regulations. Clause 16 allows regulations to be made to implement the standards and guidelines adopted by the Conference of the Parties under article 38 of the BBNJ agreement. Clauses 17 and 18 ensure that equivalent provisions exist for Scotland, amending the Marine (Scotland) Act 2010, and enabling Scottish Ministers to make regulations where it is a devolved competence, and to implement environmental impact assessment obligations for Scottish regulated marine activities.

Clause 19 amends the Levelling-up and Regeneration Act 2023, to ensure that any future environmental outcomes reports can apply to licensable activities in areas beyond national jurisdiction. The BBNJ environmental impact assessment provisions closely replicate our existing domestic arrangements for marine licensing, which operators are familiar with. These are minor technical changes to align our existing regime with BBNJ processes. Together the provisions deliver a coherent and modernised framework for assessing and mitigating the environmental impact of activities linked to the United Kingdom on the high seas.