Antarctic Bill

Philip Davies Excerpts

Friday 18th January 2013 Commons Chamber

[Neil Carmichael]

I am grateful for that intervention. The Bill looks into the marine aspects of Antarctica as well. Obviously we would be building on such measures in different ways, and although the Bill is specific about the provisions that the hon. Lady has already outlined, I take note of what she has said. Indeed, my interest in this area will lead me to discuss later the matter of promoting the protection of the Southern ocean.

Let me emphasise the value of clause 5 in connection not just with preparation, but with contingency planning. That is where clause 5 comes into its own, because it makes it clear that contingency planning is necessary, and it is easy to justify in connection with the rest of the Bill.

[Philip Davies]

I absolutely accept my hon. Friend’s point, but surely he would accept that under the current arrangements, with the 1994 Act and annex V, people are already required to produce a management plan, which, as I see it, is not greatly different from what is proposed in clause 5. Does he therefore accept that there is still some doubt about whether clause 5 is as necessary as he says?

[Neil Carmichael]

Clause 5 extends the preparation from simply producing a management plan to contingency planning. Contingency planning requires one to assess risk—to be well aware of what the risks are and how great they can be in the Antarctic. I believe we are extending something that is already good, and I am grateful for the suggestion, which we have heard today, that we are building on existing good practice. Clause 5 is a significant step in the right direction in ensuring that contingency measures are taken, because as my hon. Friend the Member for Bury North (Mr Nuttall) noted, we have had accidents. Those accidents have involved shipping and they have been significantly damaging to the ocean, and we do not want to see more of them, especially on Antarctica.

--- Later in debate ---

[Philip Davies]

I take the Minister’s point on new clause 1. If there is no cost-benefit analysis, post-legislative scrutiny or whatever we want to call it, how will the Government assess whether the Bill is effective or whether we need to put more measures in place to protect the Antarctic?

[Mark Simmonds]

I am grateful to my hon. Friend for giving me the opportunity to clarify that point. We believe that the best place to do that analysis on an ongoing basis is under the architecture of the Antarctic treaty and at the Antarctic council, where the UK plays a significant, positive and engaged role. If opportunities emerge from that analysis in the future to add additional environmental protection with the agreement of all the other members of the Antarctic council, we will consider it extremely closely.

[Philip Davies]

Is the Minister saying that the Antarctic council will effectively be carrying out the kind of cost-benefit analysis that my hon. Friend the Member for Bury North (Mr Nuttall) has in mind in his new clause? If the Minister is saying that, all well and good, but I was not entirely sure that that was what he was saying.

[Mark Simmonds]

The Antarctic council, as well as the UK as an important part of that council, will assess the whole gamut and remit of the working of the Antarctic treaties and the Bills that have come out of the protocols that developed out of the 1959 agreement, the 1961 treaty, the 1994 Act and the protocols agreed in 2005. I can give my hon. Friend the assurance that there will be continual assessments, but the assessments the Government have made in the run-up to the Bill demonstrated, as I said earlier, that there will be no significant additional costs or detrimental impact on UK businesses or scientific operations as the Bill is structured.

Let me address the second set of remarks made by my hon. Friend the Member for Bury North on amendment 1 to clause 15, which relates to historic sites and monuments as provided for under annex V of the protocol on environmental protection to the Antarctic treaty. It is important to note that any party may propose a site or monument of recognised historic value for such designation to the Antarctic treaty consultative meeting. As the Antarctic treaty system operates on the basis of consensus, the agreement of all Antarctic treaty parties is needed for such a designation to be approved. Once approved, the proposed site is added to the approved list of historic sites and monuments, which is kept updated by the Antarctic treaty secretariat. As Members will no doubt recognise, the designation of historic sites and monuments and the protection that affords them under the Antarctic treaty and subsequent protocols is of extremely high importance to the United Kingdom, as we have significant historical ties with and have taken a significant interest in the Antarctic since Captain Scott’s visit there. It is important on this day to recognise the bravery and commitment of those early explorers.

I want to ensure that the House understands that clause 15, as drafted, provides that the Secretary of State will grant a permit to any British national involved in such work. That will ensure that the work is undertaken to high standards, and that a proper system is in place to guarantee that any artefacts removed for conservation work remain protected until they can be returned to Antarctica. That is important because the British Antarctic Territory has published a heritage strategy for the conservation of the British historic huts and other artefacts in the territory, which has been agreed with the United Kingdom Antarctic Heritage Trust and the British Antarctic Survey. That sets out overall principles for heritage conservation in the territory, and the United Kingdom Antarctic Heritage Trust has developed such plans, and undertakes a programme of maintenance at some of the sites, particularly the huts, each year. The Foreign and Commonwealth Office has granted the trust £100,000 in 2011 to support that important work, and the Government of the British Antarctic Territory share profits from the sale of stamps and coins, which also helps to support the trust’s important work.

I am sure that all Members of the House share the national pride in the historic discovery, exploration and scientific pioneering legacy of the UK in Antarctica. The scientific legacy of Captain Scott’s exhibition permeated many of the studies undertaken in subsequent years. British graves and other important legacy aspects are also there.

--- Later in debate ---

[Philip Davies]

The Minister made some very good points about my amendment, as did my hon. Friend the Member for Stroud (Neil Carmichael). I am as satisfied with the explanations given on my amendment as my hon. Friend the Member for Bury North (Mr Nuttall) appears to be with regard to his amendments.

[Mr Nuttall]

I am grateful to my hon. Friend for making his view clear to the House. I said that I might be persuaded by his arguments, but I am grateful that he was persuaded by the other arguments, and that clause 5 will remain in the Bill. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Third Reading

--- Later in debate ---

[Philip Davies]

It is a pleasure to follow my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile), and to learn of his expertise and interest in this matter, particularly as it relates to Plymouth. It was a pleasure to speak on Second Reading, and I am delighted to have an opportunity to speak on Third Reading, too.

I congratulate my hon. Friend the Member for Stroud (Neil Carmichael). He has built up a significant amount of knowledge of this subject. I was particularly struck by the fact that he has visited the Antarctic in his endeavours to guide this Bill through Parliament. That shows great dedication. Buoyed by his triumph with this Bill, he may well be thinking of introducing a future private Member’s Bill on, perhaps, the Caribbean, and of making it his policy to visit every place his Bills address. If he does not do that, I am sure other Members will have noted the initiative he has deployed, and will want to build on his example.

The Bill is important, and my hon. Friend should be immensely proud of steering it through Parliament. As we all know, managing the progress of private Members’ Bills is always a challenge, and it can be difficult to guide them over all the hurdles put in their way. Fortunately, the Members who tend to erect those barriers are not present today to block the progress of this Bill, and my hon. Friend has good will from both sides of the House. He has argued for the Bill with characteristic charm, too, which has also stood him in good stead.

I certainly do not oppose this Bill. It implements an important part of the Antarctic treaty system, complementing and completing the set of internationally binding agreements. This is a noble cause. We must focus on both environmental protection and scientific research. Our country has a long and proud history of being at the forefront of both of those important endeavours, and the Bill continues that tradition. This country has always been in the vanguard of exploring the unknown and finding new ways to do things, thus revolutionising the way we live.

Antarctica is, of course, an unspoilt part of the world, which is why we need to ensure the conditions imposed by the Bill are fulfilled, and any other legislation is also enforced. It is one thing having the legislation in place, but it is quite another to make sure it is enforced. The Bill achieves the first part, and it is crucial that all the relevant authorities are involved in making sure the letter and spirit of its provisions are followed.

The Bill seeks to implement the liability annex to the Antarctic treaty that was agreed in 2005; the protocol has six annexes and, as we know, the first five are already in force, so this is the next stage of that process. Determining how the environment of the Antarctic will evolve over the next century presents challenges and has many implications for science and for policy makers. One reason why this is so important is that travelling to the most distant corners of our planet is becoming more and more popular. Such travel is becoming less of an issue, less of a challenge and more logistically possible. It is becoming more popular for adventurous people, such as my hon. Friend the Member for Stroud, who want to explore distant corners of the planet. I do not think we can call them backpackers; they are just adventurous people. That increased popularity of travel is why the implementation of annex VI to the protocol on environmental protection to the Antarctic treaty is so important. Implementation has been delayed and it is an outstanding issue, which is why it needs to be finalised.

When the Government find it difficult to find the time for certain legislation, private Members’ Bills are the appropriate route to take, and this is a very appropriate Bill to steer through, particularly given that it has all-party agreement. It amends the Antarctic Act 1994, and I wish to refer to something that the hon. Member for Islington North (Jeremy Corbyn) said when that Antarctic Bill was being debated. I do not always agree with him, but I agree with the following:

“The environmental message from the Antarctic is absolutely overwhelming. There is no other place on earth where one can drill for a core sample. In the Soviet research base the deepest possible ice-core samples have been drilled. We can check what the water purity was like as long ago as 500 years…We can see what we are doing to the planet by studying core samples of ice in the Antarctic.”

He went on to say:

“The Antarctic has the largest amount of water locked up in it of anywhere in the world. The Antarctic demonstrates the fragility of the planet and the ecosystem. If we do not use the Antarctic as a place for research, we shall be denying ourselves knowledge”.—[Official Report, 25 February 1994; Vol. 238, c. 568-69.]

Those words said back in 1994 still apply in exactly the same way today. This Bill simply reflects changes that have taken place. It brings the legislation up to date and will help to ensure that other countries follow the example we have been setting.

My hon. Friend the Member for Stroud set out the position clearly in his excellent speeches on Second Reading and, in particular, on Third Reading today. He set out not only why this Bill is so important, but his passion for the subject; this was not just his personal passion, but British passion for this particular area, which goes back hundreds of years. The UK has been actively involved in Antarctica through the heroics of the explorers, as my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) made clear, and this Bill is the next stage of our involvement, which is why it is so important to people in this country.

I am well aware that we are on Third Reading and therefore we are talking solely about what is in the Bill; we cannot discuss what is potentially not in the Bill or what could be in the Bill. I certainly do not intend to deviate from that, Mr Deputy Speaker, but I just want to pick out one or two clauses in the Bill that set out why it is so important and such a good piece of legislation—I do not want to go through the whole Bill, because that would be unnecessary and time-consuming.

Clause 1 is entitled: “Duty to take response action”.

That is incredibly important as it introduces a new statutory duty on those organising activities in Antarctica—importantly, both government and non-government—to take

“reasonable, prompt and effective response action”

where their activities

“directly or indirectly give rise to an environmental emergency”.

That is a key part of the Bill. It applies only to activities organised by a person based in the UK or activities “connected with” the UK—that would obviously be the case as that is all we can provide for. Nevertheless, the provision still makes a very important difference.

In addition, the failure to comply—to make such a response—is made a criminal offence, with an associated maximum two-year custodial sentence or fine, or both. It is worth pointing out—this has not been done so far—that we are introducing some serious offences in this Bill. It takes an awful lot to be sent to prison in this country, as many of our constituents know only too well. The fact that breaching this part of the Bill is made a criminal offence with a two-year custodial sentence reflects how seriously the House takes these matters.

Clauses 2 to 4 and the schedule concern the civil liability for failure to respond to an environmental emergency. That is a key part of the Bill and something that we should all support. The liability annex encourages parties to take response action to environmental emergencies when those causing them have failed to do so. That takes me to the point that my hon. Friend the Member for Rossendale and Darwen (Jake Berry) made about the belief that the polluter should pay. One of the key parts of the Bill is the fact that it entrenches that principle in legislation. He made the point that too often in the past that has not happened and the Bill is an important step in ensuring that it does. It also enables the Government to recover costs in those situations where they might have had to take action to respond to an environmental emergency, allowing them to get the cost back. That is crucial.

Clause 3, on the liability to the Antarctic environmental liability fund, is an important part of the Bill, and that probably did not come out in the debate as much as it might have done. It is essential, because it requires the operator responsible to pay into an Antarctic environmental liability fund the equivalent costs of the response action that should have been taken. That measure is more important than many people might understand and it was previously lacking.

We must accept that such emergencies are not remote possibilities that will probably never happen. We have already experienced accidents in Antarctica that have raised ecological and safety concerns. Indeed, in recent years some kind of incident has taken place most years and the Bill might well help to deal with such situations. In November 2006, a Quark Expeditions ship ran aground on Deception Island in the South Shetland Islands. In January 2007, we had another incident in the same area—and so on, and so forth. I shall not go through all the examples, Mr Deputy Speaker, as there is no need to at this point. However, accidents are not just remote possibilities. There is every chance that the provisions in the Bill will need to be invoked at some point.

I want to touch on clause 5. We had a fairly long debate on Report about the merits of the clause and I set out the case that it was perhaps not necessary, but having listened to my hon. Friend the Member for Stroud and the Minister, both of whom are experts in this field and know far more about it than I do, I think they made a persuasive case that clause 5 is an important part of the Bill. The duty to take preventive measures and make contingency plans is necessary and although there might be some requirements under the 1994 Act, the clause moves things further forward, puts more requirements on people and is a belt-and-braces approach to what is required. The Minister made the point—and I was particularly persuaded by this—that putting something in legislation so that it applies to everybody, not just to people who are applying for permits through the FCO, means that there is no doubt about people’s liabilities. That was a very good point and certainly persuaded me of the merits of clause 5.

I do not want to delay the House too much further as other colleagues wish to contribute to the debate, but we can be very proud of the fact that we are continuing a long tradition in this country of playing our part in protecting a very special part of the world. My hon. Friend the Member for Stroud should be commended. I know that when people do well in the ballot for private Members’ Bills they are bombarded with people wanting them to introduce one measure or another. Many people in this House will believe that my hon. Friend chose wisely and picked a noble cause. He is into the home straight—into the final furlong, as some might put it—and that is down to his skill. He should be commended for that and for introducing this important piece of legislation.