Biodiversity Beyond National Jurisdiction Bill

Nusrat Ghani Excerpts

2nd reading
Thursday 16th October 2025 Commons Chamber

[Emma Hardy]

I pay tribute to all the fishermen throughout the United Kingdom who play such a vital role in helping to feed our nation.

The Bill also ensures that the UK has the necessary powers to implement decisions adopted at future meetings of the BBNJ conference of the parties, beginning with the marine genetic resource provision. Part 2 of the Bill sets out the requirements related to the collection and use of marine genetic resources from areas beyond national jurisdiction and digital sequence information generated on those marine genetic resources.

These measures mean that UK researchers conducting collection activities from UK craft or equipment, such as royal research ships or autonomous systems, will need to notify a national focal point within the Foreign, Commonwealth and Development Office before and after the collection of these resources. Additionally, any users of marine genetic resources or digital sequence information will need to notify the national focal point once results of utilisation are available and make those results available in publicly accessible repositories or databases. The results of utilisation, including publications such as journal articles and patents granted, should detail the outcome of research and development on these resources. These notifications will provide valuable data on material collected and on the results of research in areas beyond national jurisdiction. These notifications will be passed on to a clearing-house mechanism—a core part of the future architecture of the BBNJ agreement.

The clearing-house mechanism will act as a global online notification hub, where parties to the agreement will submit their notifications, allowing researchers from the UK and elsewhere to see what is being collected from where and how it is being used. That function is key to the benefit-sharing mechanisms under the agreement, enabling researchers from developing countries to work from the same scientific data as a researcher in the UK. That will also facilitate the development of cross-national research groups crucial to supporting breakthrough scientific discoveries.

The measures in the Bill also require repositories and institutions holding marine genetic resources to provide access to samples under reasonable conditions. That will apply to bodies like the Natural History Museum, the National Oceanography Centre and UK universities. Similarly, UK databases containing digital sequence information from marine genetic resources will need to ensure public access. Marine genetic resources may hold the key to future medicines, enzymes and sustainable technologies. This is a fast-growing global sector, and our universities and biotech firms are world leaders. Taken together, the measures will allow our researchers and companies to remain at the cutting edge of marine genetic discovery, benefiting from and contributing to global research in this space.

Part 3 of the Bill provides powers to allow the UK to implement internationally agreed measures in relation to marine protected areas and other area-based management tools established in areas beyond national jurisdiction. Any such measures will be agreed in meetings of the conference of the parties and will aim to manage activities in geographically defined areas of the ocean to achieve conservation and sustainable use objectives. Part 3 also ensures that the UK can implement any emergency measures adopted by the conference of the parties to respond to any natural or man-made disasters in areas beyond national jurisdiction that may require, for example, restrictions on navigation of UK ships or discharges from UK crafts.

Part 4 updates domestic marine licensing legislation to meet the environmental impact assessment requirements set out in the agreement. These changes apply to licensable marine activities that take place in areas beyond national jurisdiction. It provides the power needed to adapt the UK’s domestic marine licensing and related environmental assessment system as new international standards and guidelines are agreed by the BBNJ conference of the parties. For example, that may include applying the latest standards for environmental assessments or for the ongoing monitoring of impacts. In short, it will future-proof the UK’s marine licensing legislation, ensuring that we can keep pace with emerging technologies and activities in areas beyond national jurisdiction.

In addition to the Bill, secondary legislation is required before the UK can formally ratify the BBNJ agreement. We will need to make changes to domestic legislation to implement the BBNJ agreement provisions relating to environmental impact assessments and to define digital sequence information. Those issues require engagement with stakeholders, and statutory instruments will be laid before Parliament after the Bill receives Royal Assent. Once the secondary legislation is in force, a standard six-week process will allow us to finalise the instrument of ratification, which includes signature and formal submission to the United Nations.

The provisions in the Bill may appear to be narrow and technical, but once implemented, they will enable the UK to participate fully in global efforts to conserve and sustainably use the ocean beyond national jurisdiction. Working with our international partners, the BBNJ agreement will allow us to safeguard fragile ecosystems, protect endangered species and ensure that scientific benefits are shared fairly and responsibly.

The Bill is rooted in this Government’s broader environmental and international goals. We are protecting and improving the marine environment at home and internationally to meet the global commitment to protect 30% of the world’s oceans by 2030, and this Bill is a key instrument in delivering that goal. The Bill supports our efforts to maintain multilateral agreements and international governance as the bedrock of our global community, and to address collectively the biggest issues of our generation: climate change, food insecurity and harm to marine environments—issues that affect not just the UK, but every nation on Earth. I hope that Members will recognise the urgency and importance of this moment. The ocean cannot wait, and the consequences of inaction are profound. This Bill is an opportunity to act, to protect marine life, to support sustainable development and to ensure that the benefits of the ocean are shared fairly and responsibly. I commend this Bill to the House.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

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[Wera Hobhouse (Bath) (LD)]

I am just wondering whether the hon. Member finds himself in the wrong debate?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I am overseeing the debate. If the hon. Member had been in the wrong debate, I would have pointed it out.

[Andrew Rosindell]

Thank you, Madam Deputy Speaker. Some of us do care about our British overseas territories and the marine environment. Some of us have made these arguments for many, many years, as have many on the Government Benches. If we are to take this issue seriously, we need to take our responsibilities seriously. Otherwise, future generations, not just in this country but across the world, will look back at this debate and what we are doing today, and think, “What on earth were they doing, giving away such a vital part of the planet that we are responsible for?”

Either the Government truly believe that Mauritius will reverse course and persuade China to respect this marine protected area, or, as I am afraid the Chagos surrender treaty implies, we shall end up doing the heavy lifting while paying for the privilege. Forgive me for not being entirely convinced, but I do not believe that the statistics I have cited are those of a nation ready to take on responsibility for one of the world’s most delicate marine ecosystems.

Scientific assessments show that live coral cover in Mauritian waters fell by up to 70% in the late 1990s, while coastal erosion and reef degradation continue unchecked. A United Nations review in 2022 found that, while on paper Mauritius has environmental laws, enforcement is inconsistent, community involvement is limited and responses to emerging threats such as ocean acidification remain inadequate. Unbelievably, seagrass beds, which are vital for carbon storage and marine biodiversity, are still cleared to make way for tourism development. Is this really the environmental guardian that Ministers are entrusting with 640,000 sq km of some of the most pristine ocean on earth? It beggars belief.

We need to look around the world to see what happens when Chinese fishing interests move in. In Ecuador, thousands of octopuses and sharks have been left dead on the shore because of illegal fishing by Chinese vessels. We need to guard against that in future. Off the coast of Ghana, fishermen’s catches have fallen by 40% due to Chinese bottom trawlers decimating local fish stocks. Around the Korean peninsula, squid populations have collapsed by 70%. I hope that this legislation and this agreement will help to protect the oceans around the world and countries where there are no protections at the moment. If the Chagos islands are handed over, the same fleets will soon appear in some of those waters, and Chagos will be at the mercy of exploitation.

That is the context in which the House is considering the Biodiversity Beyond National Jurisdiction Bill. It runs to 26 clauses, as the Minister has said. It is impossible to run through them all today, but no doubt we will look at them in greater detail in Committee. There are, however, several points that must be addressed in today’s debate.

When will ratification happen? Clause 25 provides for the commencement of regulation, but without any statutory deadline or parliamentary trigger, leaving ratification entirely at the discretion of the Secretary of State. To add to that, clauses 9 and 11 grant far-reaching powers to the Secretary of State to make regulations to amend existing Acts of Parliament by secondary legislation. Where is Parliament’s role in that? How will the House scrutinise decisions taken by the conference of the parties under the agreement? Will we be consulted before international rules are imposed on British institutions and industries? Will British waters or those of our overseas territories ever fall under the jurisdiction of a foreign or supranational regulator? We surely cannot allow global bureaucracy to override British parliamentary sovereignty.

Beyond the question of control lies the spectre of bureaucracy. Clauses 2 and 3 impose heavy reporting duties on marine research and genetic sampling. Clause 16 allows still more procedures by regulation. Has the Department assessed what that will cost in time and money for our scientists and shipping operators and for legitimate researchers? How will small British enterprises compete if they face mountains of paperwork, while less scrupulous nations exploit the same waters freely? We all support high standards, but in the world we currently live in, we cannot afford to lose innovation or competitiveness.

Then there is the matter of expense. The impact assessment admits that compliance, licensing and enforcement will not be cheap, yet provides little detail on who pays. At a time of fiscal restraint, when every Department must justify every pound spent, can the Minister explain whether this legislation will truly be the best use of taxpayers’ money? How much will it cost to implement the BBNJ regime in full? Will the task of monitoring fall to the Royal Navy or the Marine Management Organisation, and what extra resources will they receive to do the job? What is the cost-benefit ratio, and have the Government assessed whether there could be indirect impacts on the taxpayer?

What of the impact on British industries, fishermen, offshore energy and biotechnology? Can the Minister assure us that British fishermen will not face restrictions, that our energy sector will not be burdened by impractical licensing demands, and that our biotech pioneers will not find their discoveries trapped in international bureaucracy?

[Andrew Rosindell]

The Minister will have plenty of time to explain all these matters in detail in Committee. This is Second Reading, when we raise issues of concern. I look forward to Committee, and to all my questions being answered at that stage, if not today. I thank her for her intervention.

What safeguards will protect British intellectual property in marine genetic research? Will the benefit-sharing provisions prevent our scientists from developing the fruits of their own work? Will other nations shoulder equal obligations, or will Britain be left carrying the cost because we are doing the right thing and others are not? Our research institutions are some of the most prestigious global leaders in the marine sector, whether it is the Natural History Museum, the National Oceanography Centre or our magnificent universities. First and foremost, there must be a guarantee from the Government that this Bill will not drown them in red tape.

Clause 20 rightly extends the Bill’s provisions to the British overseas territories, which are central to our environmental success story. From the Pitcairn islands, with their 35 residents, to Tristan da Cunha, home to barely 240 residents, these far-flung Britons have shown what small communities can achieve for global conservation when they have British support. But how can they have confidence in the Government’s assurances when they witness what is happening in Chagos? If Ministers are willing to trade away one British territory without consultation or consent, what message does that send to the rest? I remind the House that conservation with the loss of sovereignty and without credible means of enforcement is a hollow virtue. The United Kingdom has a record to be proud of, from Captain Cook to David Attenborough. We must build on that record and not undermine it with rushed ratification.

If Ministers will answer the questions that I have laid out, and if they will commit in statute to parliamentary oversight, a fully costed implementation plan, explicit safeguards for British science and intellectual property, and legally enforceable protections for the overseas territories, many on the Conservative Benches will consider how to support measures that genuinely conserve our seas. If they will not, I and others—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. Mr Rosindell, can I check that you are nearing your conclusion?

[Andrew Rosindell]

I am.

[Madam Deputy Speaker]

Marvellous.

[Andrew Rosindell]

I was literally about to get there, Madam Deputy Speaker.

If Ministers will not do so, I and others will oppose any step that weakens Britain’s hand. I end where I began. As Conservatives, our principle is that we want to conserve, to keep safe, to steward and to defend what we are responsible for. We must be true to that principle. We must continue to act as custodians of the seas in a way that respects our sovereignty, honours our obligations to our descendants and protects the livelihoods and ecosystems that depend on the United Kingdom.

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[Sarah Champion]

I thank my hon. Friend and colleague. He is absolutely right, and that is why today is so historic: this is the UK taking that leadership role and hopefully corralling some of the other countries that are more reticent to do the right thing.

The International Development Committee and the all-party parliamentary group for the ocean, both of which I chair, have long been calling on both the previous Government and this Government to put in place the necessary legislation to ratify this agreement. To have finally reached this point is a credit to the Ministers—particularly the Minister for Water and Flooding, my hon. Friend the Member for Kingston upon Hull West and Haltemprice (Emma Hardy), but also the Minister responsible for the Indo-Pacific, my hon. Friend the Member for Feltham and Heston (Seema Malhotra), and the Minister of State for International Development and Africa, my noble Friend Baroness Chapman.

In an era of international fragmentation, I am relieved that 145 states have come together to forge this agreement and safeguard a global public good. As my hon. Friend the Member for Rushcliffe (James Naish) alluded to, 75 countries have already taken the next step of ratification. I am very proud that the Minister for Water and Flooding was championing this in opposition and has delivered on her word, leading this ratification in government. I thank her for that.

As a seafaring nation and a centre of expertise in maritime law, the UK is perfectly placed to lead the charge to protect the world’s oceans. Sadly, we are lagging behind many countries, including the Seychelles, St Lucia and Barbados, which ratified the agreement last year. It is not surprising that the small island developing states, or SIDs—or large ocean states, as they prefer to be called—were quick to ratify, because they recognise the existential threat that ocean ecosystem degradation poses to human societies and their economies.

As the International Development Committee argued in our report last year, SIDs need reliable partners. The UK talks a good game when it comes to responsible global leadership, but activists and policymakers from SIDs told the Committee they were concerned about the consistency of Britain’s commitment. I hope we will see that change at this moment, under this Government, and that we will stand up for small island developing states, particularly our overseas territories, which the hon. Member for Romford (Andrew Rosindell) mentioned.

The health of the world’s oceans is not an issue confined to low-income countries; it is an existential issue for all of us. As the Government’s impact assessment acknowledged, the impact of reduced fish stocks and decreased capacity will be borne by all of us, including future generations. The UK must seize this moment to match its international conservation ambitions with tangible action to protect our domestic waters. Bottom trawl fishing, a highly destructive practice, is still permitted across almost all of the UK’s seas, including in more than 90% of our marine protected areas. I welcome the Government’s consultation on that, and hope that they will take the necessary step to ban that practice wherever they can.

The Government must consider introducing additional legislation to ensure that the UK’s marine protected areas are actually protected, because sadly, even though they have the title, many of them are not. The Bill also offers plentiful opportunities for the UK’s blue economy as a world leader in marine science and technologies. To support quick progress, the UK needs a definition of the use of “marine genetic resources”, and “digital sequence information”, by the time the agreement is ratified. That is to support all those who will implement it.

The UK’s next steps are vital to ensure that we fulfil our leadership role in ocean protection. The 120-day countdown has started. The first conference of the parties, Ocean COP1, will be held within just 12 months. With the clock ticking, will the Minister set out a timetable for the passage of the Bill through both Houses? We need it to pass quickly to allow the UK to play its full part in the first conference. Will the Minister also confirm whether the Bill legally extends the UK’s existing domestic duties to have regard to the precautionary and polluter pays principles to the high seas? If not, will she say whether something to that effect should or could be inserted into the Bill? Will the Minister consider producing an ocean strategy? Ocean issues currently fall between a number of different Departments, which unfortunately means they are under the ownership of none. The Bill is to be commended and must attain Royal Assent without delay. I strongly urge all Members to support it.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.