Deep Sea Mining Bill

Peter Bottomley Excerpts

Friday 6th September 2013 Commons Chamber

[Sheryll Murray (South East Cornwall) (Con)]

I beg to move, That the Bill be now read a Second time.

Mining is not a new industry, certainly not for us in Cornwall. There is a saying, “Wherever there is a hole in the ground, there will be a Cornish miner at the bottom of it.” With over 4,000 years of history, the Cornwall and West Devon mining landscape became a world heritage site in 2006, and I was very proud to be a councillor on Caradon district council when that was decided.

The Cornish have emigrated all over the world to give their expertise in mining, and today have vibrant communities as far afield as Australia and New Zealand. They still celebrate their fantastic Cornish pride and heritage in those communities.

[Sir Peter Bottomley (Worthing West) (Con)]

I cannot remember whether I picked this up in 1981 when the Deep Sea Mining (Temporary Provisions) Act 1981 was passed by this House, but I think I am right in saying that most of the exploration that has been going on under the international authority is in the central Indian basin of the Indian ocean, and in the northern part of the Pacific ocean, in the Clarion Clipperton zone. If there are Cornish miners there, I send them my best wishes; I hope they are swimming well.

[Sheryll Murray]

My hon. Friend is absolutely correct. I am sure that they still pride themselves in taking their lunch in the form of a Cornish pasty: the pastry protects what is inside from dirty hands. Pasties are something else that we Cornish people are extremely proud of.

--- Later in debate ---

[Sheryll Murray]

My hon. Friend is partially correct. The Bill is all about exploitation. We have the potential in about five years’ time to start looking at exploitation. It is much better that the United Kingdom should control the licence applications because we must be able to control the environmental situation in which exploitation and exploration are carried out.

[Sir Peter Bottomley]

My hon. Friend probably already appreciates that we must change our provisions because the 1981 Act was passed before the establishment of the authority in Kingston, Jamaica, and we must meet our international obligations. It may also be worth observing briefly that economics matter. When some years ago the price of metal commodities was going up, everyone thought that digging down into the oceans would be a good idea. Now that the commodity prices are not quite so high that may not happen, but at some stage the cycle may turn again and we may find some commercial exploitation.

[Sheryll Murray]

We are seeing a shortage of some metals, and the deep sea provides the opportunity to gather metals that are needed, particularly rare earths.

The UK is well placed to influence how deep-sea mining is taken forward, what standards should apply and how to minimise the impact on the environment. In 2012, the UK sponsored its first application to the International Seabed Authority for a UK company to explore for polymetallic nodules in the deep sea in the Pacific ocean, as my hon. Friend mentioned. The application was agreed and a contract was signed between the ISA and the UK company. In 2013, the UK sponsored another application from the same company. That still has to be considered by the ISA council, but the UK Government was able to sponsor and issue a licence to that company under the 1981Act.

[Sheryll Murray]

The 1981 Act predates our signing up to the United Nations convention on the law of the sea, so it is vital that we make these amendments to it.

[Sir Peter Bottomley]

Just to clear my mind by using my mouth rather than just my ears, I think this is a very conservative approach. We maintain what we have and we improve it.

[Sheryll Murray]

My hon. Friend is correct.

The UK was able to sponsor and issue a licence to that company under the existing Act, which became valid only upon the issue of a contract by the ISA.

--- Later in debate ---

[Sheryll Murray]

That is correct. I am sure that my hon. Friend the Minister will be able to expand on that if he speaks.

[Sir Peter Bottomley]

In time, my hon. Friend will get to paragraph 9 of the schedule, which states:

“Omit section 9 (the deep sea mining levy) and section 10 (the Deep Sea Mining Fund).”

I think that answers the issue raised by my hon. Friend the Member for Shipley (Philip Davies). Instead of money being paid to us for us to pay to the authority, it will go straight to the authority. The licence has to be obtained from the national Government under legislation, but if payments become due, they will go straight to the authority, which cuts out some of the bureaucracy.

[Sheryll Murray]

That is right, and of course this Government want to minimise bureaucracy as much as possible.

[Sheryll Murray]

I know that Secretary of State Clinton and the United States Administration were, as recently as 2012, very keen to sign up to UNCLOS. It is not for me to make a judgment on that—it is up to the USA—but perhaps the Minister will expand on it later.

[Sir Peter Bottomley]

Speaking as an historian, I point out that in 1994 the United States got a modification to the convention. Since 1997, even under George W. Bush, the recommendation has been that the United States should sign it. It has not got around to it yet, but I understand that that is its intention. My hon. Friend the Minister will probably cover the issue of whether a US company could apply to another Government for a licence and therefore get the authority indirectly.

[Sheryll Murray]

I am grateful to my hon. Friend for his expertise and for updating us.

As I have said, the 1981 Act predates the signing of the 1972 UN convention on the law of the sea and, subsequently, the implementing agreement to part 11 of the convention, which relates to deep-sea mining. In some small, niche areas the Act is not entirely consistent with the convention, including with regard to providing for the enforcement of decisions of the sea bed disputes chamber of the international tribunal for the law of the sea. The tribunal was established under the convention, and I am sure that right hon. and hon. Members will agree that it is totally necessary.

Putting our legislation in good order is important for the UK, not least because we are strong proponents of the convention, which defines the rights and obligations of coastal states, including the entitlement to various maritime zones over which different levels of sovereignty may be exercised.