Draft Marine Licensing (Miscellaneous Provisions) (Amendment etc.) Order 2026 Debate

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Department: Department for Environment, Food and Rural Affairs
Tuesday 9th June 2026

(1 month, 2 weeks ago)

General Committees
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Neil Hudson Portrait Dr Neil Hudson (Epping Forest) (Con)
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It is a great pleasure to serve under your chairmanship, Sir John. I thank the Minister for explaining this statutory instrument. It is very appropriate that we are considering it on the day after World Oceans Day.

On our precious planet, we are blessed to have oceans and seas rich in biodiversity. It is an asset that we share in common with the rest of the world—a good in itself that sustains a diverse range of life. From whales to coral reefs, we have a vast array of fish, animals, plants and microorganisms living in our oceans. Our oceans and seas contain more than 80% of the world’s biodiversity.

Biodiversity is vital not only for protecting species and preventing extinction, but for safeguarding human health. Oceans and seas are a key source of the world’s food and oxygen, but they also greatly contribute to our understanding of the natural and life sciences. The UK has long been a global leader in marine research, supported by world-renowned institutions such as the Natural History Museum, the national museums in Wales and Scotland, the National Oceanography Centre and our outstanding universities, many of which hold internationally important repositories of marine biological data.

Marine genetic resources in particular demonstrate the direct link between ocean biodiversity and human wellbeing. Compounds derived from marine organisms have been instrumental in developing new medicines. Treatments for coronavirus, cancer, inflammatory conditions and neurodegenerative diseases such as Alzheimer’s and Parkinson’s all draw in part from genetic material found in our oceans and seas. Protecting marine diversity is therefore not only an environmental imperative but a foundation for future medical breakthroughs.

The previous Conservative Government understood the need to conserve the biodiversity of our oceans and seas. That led Conservative Ministers to commit in the convention on biological diversity to protect a minimum of 30% of global ocean by 2030. In government, we Conservatives took real, practical steps to protect our marine environment. We strengthened England’s marine protected areas regime, establishing 181 MPAs, which now cover around 40% of English waters. Recognising that the UK’s overseas territories encompass 4.4 million square km of marine environment across every major ocean basin, we worked to conserve those precious ecosystems by halting biodiversity loss, supporting sustainable growth and connecting people with these precious natural environments.

We Conservatives also understood that the challenge does not end at our own shores. Around two thirds of the world’s oceans—roughly 61%—lie in areas beyond national jurisdiction: the waters outside any coastal state’s exclusive economic zone. Those vast areas are home to extraordinary biodiversity, yet no single nation can protect them alone. That is why Conservative Ministers championed general international co-operation to safeguard those waters and to support research into marine genetic resources in areas beyond national jurisdiction. As we look ahead, it is vital that we strengthen that co-operation. Safeguarding life in areas beyond national jurisdiction is a shared global responsibility, and only by working with our international partners can we preserve these ecosystems for the benefit of humanity.

The previous Conservative Government played a central role in negotiating the UN’s biodiversity beyond national jurisdiction agreement. Signed on 20 September 2023, that landmark agreement represented a major victory for ocean protection and multilateral diplomacy. As the UK follows a dualist approach to international treaties, Parliament must pass domestic legislation before such agreements can take effect. I am therefore pleased that the current Government have continued the work that the Conservatives began by bringing the Biodiversity Beyond National Jurisdiction Act 2026 into force. That ensures that the UK now has the legal framework required to implement the agreement fully, responsibly and in line with the commitments that we helped to shape on the global stage.

The Minister will recall that during the passage of the 2026 Act, His Majesty’s official Opposition repeatedly raised concerns that while the Government were seeking to champion biodiversity and conservation on the global stage, they were simultaneously threatening to surrender the Chagos Islands, which may have risked the Chagos marine protected area, particularly should Mauritius not be able to enforce the protection. We therefore welcome the fact that the Prime Minister appears to have listened to His Majesty’s loyal Opposition, the Chagossian community and wider public concern, as it appears that they have stepped back from proposals that could have jeopardised both the future of the islands and the integrity of the marine protected area. Can the Minister confirm that that remains the case?

I am pleased to say that His Majesty’s loyal Opposition support the draft order, albeit it is a shame that it has taken so long to be introduced, which has been noted by the Secondary Legislation Scrutiny Committee. Once the agreement is ratified, the onus will shift to implementation. Can the Minister provide some reassurance that the Government will continue to work closely with key stakeholders such as the cable sector and marine scientists? We look forward to further progress from the Government in this vital area.

None Portrait The Chair
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Before I call Tessa Munt for the Liberal Democrats, I want to say that I am happy to have an exchange on the Chagos marine environment, but I do not want a wider debate on the Chagos Islands and their future.

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Mary Creagh Portrait Mary Creagh
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Allow me to take a moment to reflect on the importance of approving this legislation. Without it, the UK would not be a position to ratify the BBNJ agreement. As the hon. Member for Epping Forest said, the “30 by 30” commitment was signed under the previous Government and that is an international undertaking which this Government take very seriously. It is all very well signing agreements—

Neil Hudson Portrait Dr Hudson
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It is good that you are carrying on with the good work.

Mary Creagh Portrait Mary Creagh
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The difference is that we are actually now saying where the money is coming from, how we are going to meet that target, and how we are going to aggregate the land and seas. An undertaking to do something, without having a plan to deliver it, it is not worth the paper it is written on.

Hon. Members will appreciate that future industry activity is difficult to predict in areas beyond national jurisdiction. Our consultation and previous engagement with stakeholders identified some likely activities in such areas, including telecommunications cable activity, marine scientific research, space flight activity, and deep sea mining, but not all such activities will be in the scope of marine licensing.

The right hon. Member for North East Cambridgeshire asked about licence applications and the costs. There have been only two licences granted for an activity in areas beyond national jurisdiction. One was for the Virgin Orbit launch in 2022—I am not sure if he was the Secretary of State at the time; there were so many in those two years that I cannot be expected to remember who was where at that time. It was before his time, was it?

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Mary Creagh Portrait Mary Creagh
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I congratulate my hon. Friend on his ingenuity in shoe-horning in the Harlow coral farm. I am sure that an invitation for the Minister responsible for water and flooding is in the post and a visit is imminent. It genuinely sounds exciting. Of course, coral farms are important for working out which species are climate resilient and will be the coral reefs of the future. Coral is not just nice to look at when scuba-diving and snorkelling on holiday. In February, I managed to go on a snorkelling trip in Egypt with a broken wrist, for which I think I deserve some recognition. They make them tough in Coventry! Was Nemo swimming one-handed?

My hon. Friend asks a good question about the issue of coral and other states’ involvement. At all the international meetings I went to in 2024, which was my first year in post, people looked to the UK for our leadership on these UN conventions, particularly given the lack of leadership and withdrawal by other large players in the United Nations. We have been encouraged and exhorted to do that, but the Foreign, Commonwealth and Development Office leads on treaties, so the actual treaty could not be DEFRA legislation. We found a spot to bring in the treaty in our second year, but I am sure it will receive great acclaim. The Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Kingston upon Hull West and Haltemprice (Emma Hardy), is soon to attend a conference in Kenya at which this SI and the further movement towards ratification will be warmly welcomed. There is also a Commonwealth summit to look at the ocean, as so much of our Commonwealth is affected and is marine facing or marine vulnerable.

The statutory instrument aims to strike the right balance, providing safeguards to protect the marine environment and meet BBNJ requirements, while avoiding disproportionate or unnecessary regulation. I am sure that hon. Members appreciate the importance of the marine environment and the need for effective and appropriate regulation of activities in areas beyond national jurisdiction.

Neil Hudson Portrait Dr Hudson
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I know that the Minister is winding up, and that she has spoken about Ministers going to summits and collaboration, but she spoke about the importance of implementation. I asked specifically about what the Government will do to liaise with key stakeholders in the area, such as the cable sector, marine scientists, merchant navies and so on. The UK has a global footprint, so it is important that this Government take the baton that the Conservatives passed to them and work closely with stakeholders. Can she reassure the Committee that the Government will work closely with stakeholders on the frontline?

Mary Creagh Portrait Mary Creagh
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Absolutely. I recognise that there are concerns about specified cable activity remaining exempt from regulation, but that is based on evidence provided in our consultation responses and discussions with other Government Departments, including the Department for Science, Innovation and Technology. I reassure hon. Members that, as a result of that evidence and those discussions, we consider cable-related activity in areas beyond national jurisdiction to be of sufficiently low impact as to fall below the threshold, which is why we are maintaining the current cabling exemption. However, science and industry are evolving in this area, so we are working on it. In the consultation, which we held jointly with the Scottish Government and which was open for four weeks in November 2025, we had only 22 responses from industry research organisations, environmental non-government organisations, consultants and consultancies, public bodies and DEFRA arms-length bodies, which shows that this is quite a niche area.

Eighty-nine other states have now ratified the BBNJ treaty and 145 states have signed it, so there is huge international support. We have only one ocean; although we may call it different things in different places, it is the mantle that wraps around the globe. As the hon. Member for Epping Forest says, we are often blind to the treasures that it holds in its deeps, whether that is the glorious seaweed baths on the Atlantic coast, or the next cure for an ailment or disease. Our ocean is vital to so many of our industries and provides proteins for billions of people, so it is important that we protect it for the future. I commend the order to the Committee.

Question put and agreed to.