Biodiversity Beyond National Jurisdiction Bill

Seema Malhotra Excerpts

2nd reading
Thursday 16th October 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Seema Malhotra)]

I thank the shadow Ministers and hon. and right hon. Members across the House for their thoughtful and constructive contributions to the debate. It has been encouraging to hear the broad support for this important piece of legislation, and to hear the expertise, both from Members’ life experience prior to coming to this House and from the extensive work of our Committees over a long period of time.

I want to recognise the work of a number of the key stakeholders involved in informing the debate, some of whom I was able to speak to in the course of preparing for today, including the Marine Conservation Society, Greenpeace, Oceana, the Pew Charitable Trusts and the Blue Marine Foundation. I want to make a cheeky remark towards the right hon. Member for Wetherby and Easingwold (Sir Alec Shelbrooke), for whom I have a lot of respect, in that he suggested he could make up for the fact that there were no Conservative Back Benchers here during the debate, but indeed he made a useful contribution. That is important, because this should be a whole-of-House debate. It is important to recognise that we are continuing work that was started under the previous Government and that we supported all the way through. It is important that Members from all parties are present as the Bill starts its passage through the House, because as I will set out, it is important to inform the implementation and the ongoing debate.

I will draw on and respond to the contributions that have been made during my remarks. In particular, I know that the hon. Member for South Cambridgeshire (Pippa Heylings)—whose comments, based on her extensive experience, were very much respected by the House—will make a great contribution during the passage of the legislation. She also talked about the importance of multilateralism and how we play our part with others around the world. My hon. Friend the Member for Rotherham (Sarah Champion) has experience of chairing a number of APPGs and has made a long-standing contribution. I will come back to some of the points she raised, but it was helpful to hear from her early in the debate.

We also heard from my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry)— I will come back to some of the points she raised—my hon. Friends the Members for Bristol East (Kerry McCarthy), for Chesterfield (Mr Perkins), who chairs the Environmental Audit Committee, for Brent West (Barry Gardiner), for Exeter (Steve Race), for Glasgow North (Martin Rhodes), for Calder Valley (Josh Fenton-Glynn), for Cannock Chase (Josh Newbury), for Derbyshire Dales (John Whitby) and for Chatham and Aylesford (Tristan Osborne), and the hon. Members for Bath (Wera Hobhouse), for South Cotswolds (Dr Savage), for Ely and East Cambridgeshire (Charlotte Cane) and for North East Hertfordshire (Chris Hinchliff). That goes to show that we have had a whole-of-nation debate.

Before I turn to my more detailed remarks, I want to make a point about young people and the next generation. The important point was made that the oceans do not have voters, but when I think about the issues that are most important to young people, including in primary schools in my constituency, the health of our oceans and how we protect our environment are very high on the agenda. The oceans have their supporters across all generations, and that is important.

Let me start by reminding the House why this Bill and the BBNJ agreement matter. The BBNJ agreement is a huge step towards protecting our shared ocean. It will enable greater conservation of the two-thirds of the ocean that lies beyond national jurisdictions and will support the delivery of the Kunming-Montreal global biodiversity framework, which includes the target to effectively conserve and manage at least 30% of the ocean by 2030. Environmental degradation could lead to huge economic costs globally, making ocean conservation a long-term economic imperative, too. The agreement supports the UK’s wider climate and nature agenda, ensuring that we remain at the forefront of global efforts to tackle biodiversity loss and climate change through multilateral co-operation. It also strengthens the role of international law and multilateral institutions, and reinforces the UN convention on the law of the sea as the foundation for global governance.

There are also clear opportunities for the UK, which has one of the world’s leading marine scientific research communities. World-renowned institutions in the UK, such as the National Oceanography Centre, the Marine Biological Association and our leading university marine science departments, are at the forefront of ocean research and will greatly benefit from provisions in the agreement that promote transparency and data sharing around marine genetic resources. The Bill, along with the secondary legislation that will follow, will deliver on our commitment to ratify this historic agreement.

Let me turn to some of the points raised in the debate, and I will aim to answer as many questions as possible. In relation to the Chagos islands, this deal will help to protect the unique environment of the Chagos archipelago. Both the UK and Mauritius have committed to protect what is one of the world’s most important marine environments, and that commitment will be supported by an enhanced partnership between both countries, under which the UK will support Mauritius’s ambitions to establish a marine protected area that protects the globally significant ecosystems in the Chagos archipelago. The UK’s support for this will be agreed in a separate written instrument as part of the implementation of the agreement, and Government officials have already begun discussing with their Mauritian counterparts what it will involve. This has been welcomed by leading conservation NGOs, including the Zoological Society of London, and both the UK and Mauritius attach great importance to the need to protect marine biodiversity, including the fight against illegal fishing.

It is worth mentioning that under the treaty, the UK will continue to manage environmental protection on Diego Garcia and the surrounding 12 nautical miles. That shall be undertaken in accordance with applicable international law and with due regard to applicable Mauritian environmental laws. The Minister for Europe, North America and the overseas territories, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), is at the heart of these discussions and has been leading on maritime protection in the overseas territories through expansion and confirmation of funding for the blue belt programme and our work in the polar regions. He has met scientists in the Cayman Islands and Bermuda last month and on board the royal research ship Sir David Attenborough to discuss their crucial work in the Antarctic and Arctic. We are doing crucial work on the convention for the conservation of Antarctic marine living resources, which I am sure will be the subject of further debate in the House.

[Andrew Rosindell]

I thank the Minister for speaking about the points made about the British Indian Ocean Territory by myself and others, including the Chair of the Foreign Affairs Committee, the right hon. Member for Islington South and Finsbury (Emily Thornberry). The marine protected area was established by the Government of Gordon Brown at the tail end of the last Labour Government. It is a vital area that we need to protect. What guarantees can she honestly say we are getting that, if we are to hand over the sovereignty of the Chagos archipelago to Mauritius, Mauritius will protect it in the same way we have done under both Labour and Conservative Governments?

[Seema Malhotra]

I reiterate what I said: both the UK and Mauritius attach great importance to the need to protect marine biodiversity. Indeed, the UK will still have responsibility for managing environmental protection on Diego Garcia and the surrounding 12 nautical miles, and discussions are ongoing in relation to the establishment of the marine protected area, which will be the subject of a separate written agreement. I cannot speak further on that, because I want to go through other points, but I am sure the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth will be happy to discuss this matter further in the House.

The hon. Member for Romford (Andrew Rosindell) raised the issue of protecting intellectual property rights. The Secretary of State will not transmit information to the clearing-house mechanism that would be protected under intellectual property or trade secrets law. I am sure the hon. Member will be aware of that from his reading of the Bill.

A number of Members spoke about the process and implementation. This is a very significant step, as we move to ratify the agreement at the United Nations, which will happen following the passage of the Bill and associated secondary legislation. Indeed, it is a huge step towards protecting our shared ocean. It will provide the legal framework necessary to implement the BBNJ agreement domestically, ensuring the UK is able to comply fully with its international obligations under the agreement. The Bill and subsequent statutory instruments will ensure that we can implement and enforce future decisions of the conference of the parties.

At international level, a preparatory commission has been established to prepare for the convening of the first conference of the parties. The UK has been fully engaged in the work of the preparatory commission, including co-chairing a working group on the design of the clearing-house mechanism with Barbados. That will lay the groundwork for a successful first conference of the parties, which will enable parties and stakeholders to progress work on the ambitious implementation of the agreement.

In her opening remarks, my 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), referred to the consultation that we have had on bottom trawling, as well as to the work we are doing on proposals to restrict bottom trawling in more vulnerable marine habitats. The Government have outlined plans to restrict damaging fishing activity in marine protected areas, where that is needed to protect designated species and habitats. A number of Members mentioned plastic pollution, and the Government participated in the UN Intergovernmental Negotiating Committee on Plastic Pollution to develop an international legally binding instrument. It is disappointing that an agreement was not reached at the resumed fifth session in Geneva in August, but we continue to work on it. Indeed, we are a founding member of the High Ambition Coalition to End Plastic Pollution.

The hon. Member for South Cotswolds raised the matter of institutional co-ordination, and I confirm that the FCDO ocean policy unit will be the national focal point, working closely with DEFRA and the Department for Transport.

My hon. Friend the Member for Bristol East asked about deep-sea mining. The UK supports a moratorium on the granting of exploration contracts for deep-sea mining projects by the International Seabed Authority. That means that we will not sponsor or support the issuing of such contracts until sufficient scientific guidance is available.

On the polluter pays and the precautionary principles, parties to the BBNJ agreement are guided by such principles and approaches. It is therefore our view that there is no specific need to include those principles in the Bill.

[Pippa Heylings]

Will the Minister give way?

[Seema Malhotra]

I am running out of time, but I will be happy to pick this up with the hon. Member afterwards. Ministers will have to abide by the principles that I mentioned, and the Environment Act 2021 places a duty on Ministers to have due regard to the environmental principles policy statement when making policy; we need always to abide by those principles.

I thank Members from across the House for their thoughtful and constructive contributions. I have sought to address as many of the points raised as possible, but I am happy to speak to colleagues about those that I did not reach. I am encouraged by the strong cross-party support for this important Bill. This landmark piece of legislation ensures that the UK can play its full part in the international movement to ratify the treaty. The measures it contains will not only strengthen and safe- guard our marine ecosystems, but will strengthen our environmental security and deliver real benefits for the UK’s research and innovation community. The Bill represents the UK taking decisive action, protecting the ocean that sustains us all, while empowering scientists, innovators and institutions in shaping its future. I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Biodiversity Beyond National Jurisdiction Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A (7)),

That the following provisions shall apply to the Biodiversity Beyond National Jurisdiction Bill:

Committal

(1) The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on Consideration and on Third Reading

(2) Proceedings in Committee shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement.

(3) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings in Committee of the whole House.

(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings

(5) Any other proceedings on the Bill may be programmed.—(Stephen Morgan.)

Question agreed to.

Biodiversity Beyond National Jurisdiction Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Biodiversity Beyond National Jurisdiction Bill, it is expedient to authorise the imposition of charges or fees under or by virtue of the Act.—(Stephen Morgan.)

Question agreed to.

Biodiversity Beyond National Jurisdiction Bill

Seema Malhotra Excerpts

Committee of the whole House
Monday 17th November 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Seema Malhotra)]

It is a pleasure to serve under your chairship, Madam Chair, and to open this debate in Committee of the whole House on the Biodiversity Beyond National Jurisdiction Bill.

Before turning to the detail of the clauses and of the amendments that stand in my name, I want to underline why it is so important that this House sends a clear signal today by progressing this legislation. This Bill will, along with subsequent secondary legislation, enable the United Kingdom to implement obligations in the United Nations biodiversity beyond national jurisdiction agreement into UK law, and enable us to move towards ratification of this historic agreement.

The House may also have seen that the BBNJ agreement was recognised by the Prince of Wales’s Earthshot Prize Council last week, which is a testament to the broad support for it. The BBNJ agreement is the culmination of nearly two decades of international negotiations. The agreement covers roughly two thirds of the world’s ocean, which is home to ecosystems that regulate our climate, support fisheries, drive weather patterns and sustain the livelihoods of millions around the world.

[Jim Shannon (Strangford) (DUP)]

It is such an important subject, and I appreciate the opportunity to ask a question on behalf of those I represent who are involved in fishing. The Bill and the international treaty it implements will affect the fishing industry primarily through the creation of marine protected areas and through the imposition of stricter environmental impact assessments. Does the Minister agree that this means engagement with our fishing sector is essential, and can she confirm that the viability of fishing and food security will be a priority for this Government?

[Seema Malhotra]

The hon. Member will know from previous conversations that we continue to engage with the fishing industry on all areas of policy. Fishing falls outside the scope of the Bill, but it is important that the Government maintain that dialogue.

[Jeremy Corbyn (Islington North) (Ind)]

I welcome and support the Bill, which is an important step forward. It is a shame that it was not passed before the election so that it could have been dealt with in the wash-up of the previous Parliament. Will the Minister assure us that the Government will provide the necessary resources, and that the UN agencies are sufficiently funded, to ensure that this law becomes an effective protection for the natural world and the oceans that we all rely on?

[Seema Malhotra]

As the right hon. Member will have seen—I know that he has studied the Bill closely—we are looking to implement our obligations in line with many existing obligations. It has been important for us to hear from scientists and other involved parties that there should be no extra burdens and that we should consider how to move forward together. When we ratify the agreement, we will be party to the Conference of the Parties and able to participate in how future decisions are made. That will be important to understanding how the UK can incorporate decisions efficiently, effectively and with the fewest possible resources.

[Tom Hayes (Bournemouth East) (Lab)]

I welcome the Bill’s enhancement of biodiversity and the protection of our oceans and natural world. How will the Bill help to unlock innovation in marine science?

[Seema Malhotra]

I will come to that later in my remarks. My hon. Friend makes a good point. Ratifying the agreement will also make it easier to share the benefits of research more widely and efficiently. That will allow those who might not be able to carry out such research themselves to use it and consider where innovations might be made. That is an important benefit of the Bill.

The Bill is the culmination of nearly two decades of international negotiations. The agreement represents a once-in-a-generation step forward in ocean governance, to ensure that areas beyond national jurisdiction are managed sustainably, transparently and equitably. Through the Bill, the United Kingdom will be able to play its full part in that effort. It will allow our scientists, companies and research institutions to participate confidently in the new frameworks on marine genetic resources, to contribute to the development of area-based management tools, and to meet international standards on environmental impact assessments in areas beyond national jurisdiction. Royal Assent early next year—subject to time in the House—will place the UK in a strong position to ratify the agreement and to take its seat at the first Conference of the Parties, which is expected to be in the second half of 2026. It is vital that the UK is at that table.

[Carla Denyer (Bristol Central) (Green)]

I am grateful to the Minister for giving way as she speaks about the importance of the UK taking global leadership. I welcome the Bill, but will the Minister complement it and show global leadership by announcing a new international taskforce dedicated specifically to protecting at least 30% of the Atlantic ocean by 2030?

[Seema Malhotra]

The hon. Lady will know that that is outside the scope of the Bill, but the measures will protect the world’s oceans—as I have said, the agreement covers roughly two thirds of them. Indeed, in all areas of our international work, we do all we can for the environment around the world.

--- Later in debate ---

[Seema Malhotra]

I will make a bit of progress—I thank my hon. Friend for his patience.

The Bill is divided into five parts. Parts 2, 3 and 4 align directly with three operational pillars of the BBNJ agreement: marine genetic resources, area-based management tools, and environmental impact assessments. I will address the Government amendments and clauses stand part now, but I will address the Opposition amendments in my closing remarks, so that I have had an opportunity to hear the shadow Minister’s contribution.

Part 1 sets out the definitions that underpin the rest of the Bill. Given that those definitions will be discussed at some length today, I say for the benefit of the Committee that “areas beyond national jurisdiction” comprise the high seas—waters beyond exclusive economic zones—and the area, meaning the seabed and subsoil beyond the limits of national jurisdiction, and “marine genetic resources” are defined as any marine material containing functional units of heredity of actual or potential value. Those definitions mirror the agreement and ensure consistency between domestic law and our international obligations. Clause 20 provides definitions for terms that are used in the Bill but not defined elsewhere in it.

In part 2, clauses 2 to 10 implement the provisions of the agreement relating to marine genetic resources. The provisions promote transparency in the collection and utilisation of marine genetic resources of areas beyond national jurisdiction and associated digital sequence information, and provide the building blocks for benefit sharing.

Clauses 2 and 3 create reporting obligations for individuals collecting marine genetic resources using UK craft and for those utilising those resources and associated digital sequence information. Information must be provided to the Secretary of State before and after collection, and information about the results of utilisation should be provided in accordance with the schedule. Clause 4 provides that the Secretary of State may transmit to the BBNJ clearing house mechanism the information provided on collection and utilisation, unless it is protected from disclosure under domestic law. Those clauses are designed to implement the UK’s obligation on information sharing, with the clearing house mechanism facilitating transparency and helping us to deliver on our obligations while protecting information that is not to be shared.

Clauses 5 to 7 impose duties on those managing repositories that hold marine genetic resources from areas beyond national jurisdiction, or databases of digital sequence information on those resources. They must ensure that samples or data can be identified as originating from areas beyond national jurisdiction, provide access, and submit biennial reports. Clause 8 sets out exceptions from the requirements of part 2 in respect of fishing and fishing-related activities, military activities, and military vessels and aircraft, as well as anything done in Antarctica, the marine genetic resources of Antarctica, and the digital sequence information of such resources. The Committee will be aware that this is because the Southern ocean is governed by the Antarctic treaty system, which was part of the debate we had on Second Reading.

Clause 9 provides the Secretary of State with regulation-making powers, including those necessary to implement the UK’s future obligations under part 2 of the agreement. Given that the conference of the parties may adopt further measures once the agreement enters into force, those powers are essential to ensure that the UK can respond in a timely and appropriate manner. The clause also allows for provision for any enforcement of those requirements imposed by or under part 2 of the Bill. We will ensure that there is ample time for scrutiny of additional measures that may be brought in under secondary legislation.

Finally, clause 10 requires guidance to be published in relation to the above-mentioned provisions on marine genetic resources. Those will be prepared by the national focal point in the Foreign, Commonwealth and Development Office and will provide practical illustrations to help institutions and researchers understand the requirements placed on them. The guidance developed will also be laid before Parliament. Taken together, these measures create a clear, proportionate and internationally aligned system that allows UK researchers to continue their world-leading work with confidence, meeting the requirements of the Bill and, in turn, allowing the UK to meet its obligations under the BBNJ agreement.

[Jeremy Corbyn]

The Antarctic treaty, which was long and hard fought for in this House and other places, has been important and, generally speaking, very successful. But there are issues about the increasing access to the Antarctic, the pollution that this causes and the need to clean up after the substantial number of visitors that go there at present. Is the Minister confident that the resources will be available to ensure that the Antarctic treaty is fully adhered to?

[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.

--- Later in debate ---

[Sarah Champion (Rotherham) (Lab)]

I welcome this Bill. As chair of the Channel Islands all-party group, I was interested that the Minister tabled an amendment that covered just the Isle of Man. Before the Bill goes to the other place, could her officials please consult the Channel Islands one last time to make sure that they do not also need to be included in the Bill?

[Seema Malhotra]

I thank my hon. Friend for her comments, and yes we will continue those conversations with the Channel Islands.

To conclude, provisions in the Bill would be extended only to British overseas territories and the Isle of Man with their agreement. Clause 25 sets out when most of the Bill’s provisions come into force, and gives the Secretary of State power to make regulations to appoint entry into force and dates for other provisions. In summary, the Bill provides the legal foundation for the United Kingdom’s participation in the new global regime for protecting biodiversity on the high seas. It will enable us to fulfil our international commitments, provide certainty to our scientific and research communities, and demonstrate once again the UK’s leadership in marine conservation. I commend the Bill to the Committee, and look forward to engaging with hon. Members during the debate.

--- Later in debate ---

[Seema Malhotra]

In the interests of time, I will do my best to come back to Members on the amendments they have spoken to. The contributions from the hon. Member for South Cotswolds (Dr Savage) and my hon. Friend the Member for Portsmouth North (Amanda Martin) showed the importance of a healthy marine ecosystem that underpins global fisheries and climate regulation. The BBNJ agreement is an essential step towards protecting marine biodiversity and the creation of marine protected areas in areas beyond national jurisdiction.

I will speak briefly about the amendments tabled by the shadow Minister and our reasons for not supporting them. I recognise his point about reducing burdens, which is on all our minds, and I thank him for tabling his amendments. However, the Government consider that amendment 4 is not necessary, as the ability to provide a single report already exists. If the person who controls the repository on which a report is required is the same person who controls the database on which a report is required, there is nothing in the Bill that prevents them from providing a single report covering both elements. I hope that is of some reassurance to the hon. Gentleman.

On new clause 1, I think it would be helpful to say that as we do not currently know when or if the powers in the Bill will be used, we believe that our approach of a post-implementation review after five years provides the necessary flexibility to review the implementation of the Bill at a more appropriate point. We therefore do not think that new clause 1, tabled by the shadow Minister, is needed.

On amendment 5, the purpose of the enabling provision for the charging of fees under clause 11(3)(c) is to allow for the recovery of costs associated with the carrying out of functions. This is standard practice to ensure effective use of public money, as set out in the Treasury’s “Managing Public Money” guidance. Regulations made under clause 11 that amend an Act of Parliament, create a civil sanction or vary the maximum amount of a monetary penalty, and so on, are regulations that also contain provision for the charging of fees, which are already made by the affirmative procedure. The shadow Minister may not have been aware of that detail, but I hope it will reassure him.

On new clause 2, we believe that the consequences of the various reporting requirements it would introduce would be disproportionate to the value it would provide. There is also a risk that it would duplicate existing processes, misalign with the international reporting cycle and increase the burden on entities providing information in the reports.

Finally, it may help to reassure the shadow Minister if I say that engagement with scientific stakeholders suggests that the notification and other requirements are unlikely to impose a significant burden. Indeed, the BBNJ agreement will benefit the scientific community by encouraging information sharing and supporting scientific and technological development. I hope that reassures him that we have considered his amendments and that we have reason for not supporting them.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 6 ordered to stand part of the Bill.

Clause 7

Supplementary provision

Amendment proposed: 4, page 5, line 4, at end insert—

“A single report may be submitted for the purposes of sections 5(2)(c) and 6(3)(c), provided that any such single report meets the requirements in sections 5(3) and 6(4).”—(Andrew Rosindell.)

This amendment would permit a single report to be provided to the Secretary of State for the purposes of fulfilling reporting requirements under clauses 5 and 6.

Question put, That the amendment be made.

--- Later in debate ---

[Seema Malhotra]

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

If there is one message that Members should take from today’s debate, it is that this Bill is essential—essential to protecting the ocean, advancing marine science and ensuring that the UK continues to lead ocean protection efforts on the international stage. This is a landmark piece of legislation. It will, along with the subsequent secondary legislation, enable the United Kingdom to ratify the biodiversity beyond national jurisdiction agreement to protect marine biodiversity in the two thirds of our ocean that lie beyond any one nation’s control.

The Bill means that the UK can play its full part in shaping a fair, science-based international system for areas beyond national jurisdiction, one that balances conservation, sustainable use and global collaboration. It delivers on our international commitments and ensures that British scientists, institutions and innovators remain at the forefront of ocean research and biotechnology.

Let me take this opportunity to thank Members across the House for their thoughtful contributions and scrutiny of the Bill at every stage. The work of the all-party parliamentary group for the ocean and of environment Committees has been crucial to keeping the Bill high on the agenda. I am grateful to those who spoke on Second Reading, have taken part in the Committee of the whole House and have engaged constructively throughout. I would also like to thank my hon. Friend the Minister for Water and Flooding for her support throughout the passage of the Bill.

I also thank officials from the Foreign, Commonwealth and Development Office, the Department for Environment, Food and Rural Affairs and the Department for Transport, whose expertise, along with that of parliamentary draftspeople and other officials across Government, has underpinned the Bill. I thank, too, the devolved Governments for their engagement on the Bill and legislative consent processes. Finally, I acknowledge the scientific community, from the National Oceanography Centre to the National History Museum, and our universities, which have been pivotal in presenting the need for this legislation.

Let us be clear why this Bill matters. The ocean regulates our climate. It sustains global fisheries. It provides half the oxygen on Earth. Protecting it is not just an environmental choice; it is an economic, scientific and moral imperative. The previous Government began this process by signing the BBNJ agreement in 2023, but they delayed bringing forward legislation. This Government are now finishing the job, taking the necessary steps to implement their obligations in UK law and to ratify the treaty.

By passing this Bill, the House will send a clear message that the United Kingdom will continue to lead the world in the protection of our shared ocean, that we stand with our partners to deliver a healthy, sustainable ocean and that we will do so grounded in science and international co-operation. This is our responsibility today and for future generations. For those reasons, I commend the Bill to the House.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

Biodiversity Beyond National Jurisdiction Bill

Seema Malhotra Excerpts

Consideration of Lords amendments
Monday 2nd February 2026 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Seema Malhotra)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss Lords amendments 2 to 12.

[Seema Malhotra]

I am delighted that the Biodiversity Beyond National Jurisdiction Bill has returned to this House for the consideration of Lords amendments. I thank Members of both Houses for their careful scrutiny and for the constructive and collaborative approach throughout the Bill’s passage. I also place on the record my thanks to Baroness Chapman of Darlington for leading the Bill expertly through the other place. In today’s debate, we will seek to address the amendments made by the Government there, and I thank all those in that House who have been involved in debates on this Bill.

Before I speak to the Lords amendments, I remind the House that the passage of this Bill is a vital part of delivering the UK’s international obligations under the BBNJ agreement. It will strengthen the global framework for protecting biodiversity in areas of the ocean beyond national jurisdiction, improve how we manage environmental impacts in those areas and help to ensure that the benefits arising from marine genetic resources are shared fairly.

I am pleased to inform the House that the BBNJ agreement entered into force on 17 January. Following Royal Assent, and subsequent secondary legislation to be passed in the coming months, the UK will ratify the agreement. We intend to play a leading role at the first conference of the parties, which will take place at some point before 16 January 2027.

Turning to the Lords amendments, the House is being asked to consider a package of 12, all of which were put forward by the Government. They relate to devolution and are designed to support effective implementation of the BBNJ agreement across the whole United Kingdom, while respecting the devolution settlements and ensuring that devolved Ministers are appropriately engaged, where devolved competence is affected.

[Jim Shannon (Strangford) (DUP)]

Part 2 of the Bill contains a specific exception for fishing, and the new regulations do not apply to the use of a UK craft for fishing if it is done under a valid licence under the Fisheries Act 2020. I have been contacted by some of the organisations back home in Northern Ireland. Does the Minister not agree that it is essential that the devolved Administrations enshrine this legislation and acknowledge that the fishing industry is reliant on the ability to continue to fish in all current areas? In other words, it is important that the Administrations, and the Northern Ireland Assembly in particular, do what this Bill says. If the Assembly does not do that, Northern Ireland fishing organisations will find themselves at a disadvantage.

[Seema Malhotra]

It is indeed important that all our devolved Administrations, as well as the UK Government, abide by the agreement. I thank the hon. Member for his interest and his engagement in this important Bill.

I am grateful to all those we have been engaging with throughout the passage of this Bill. Working closely with Ministers and officials in the devolved Governments, we agreed at the Bill’s introduction that the legislative consent motion process is engaged for Scotland and Northern Ireland to varying extents by parts 2, 3 and 4. The Government have been in sustained discussions with both those devolved Governments to seek consent for the Bill, and I can confirm to the House that motions on consent have been passed by the Scottish Parliament and the Northern Ireland Assembly.

Lords amendments 1 and 4 provide Scottish Ministers and the Northern Ireland Department of Agriculture, Environment and Rural Affairs with concurrent powers to make regulations within devolved competence corresponding to the powers to make provision granted to the Secretary of State under clauses 9 and 11 of the Bill. Lords amendments 2 and 5 provide the procedure for those powers.

[Jim Allister (North Antrim) (TUV)]

As I understand it, the BBNJ deals primarily with matters in international waters, and of course the devolved institutions have no say in those matters. So as to broaden our understanding of the Bill, will the Minister tell me what type of regulations she anticipates the Department of Agriculture, Environment and Rural Affairs—the local Stormont Department—will be making in consequence of the Bill?

[Seema Malhotra]

Following ratification of the agreement, we will be participating in future discussions relating to its implementation. There will continue to be further conversations. The important point is that the work we have been doing with Scotland, Wales and Northern Ireland reflects how our UK Government officials and devolved officials are already working together effectively in practice, including in relation to consultation and effective delivery, and I know that those conversations will continue.

Lords amendments 3 and 6 place a duty on the Secretary of State to consult Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland before exercising powers in clauses 9 and 11 where regulations engage devolved matters. This duty does not apply where the Secretary of State considers that regulations need to be made urgently for the purposes of implementing emergency measures adopted under article 24.1 of the BBNJ agreement. This approach ensures that the devolved Governments are engaged in advance of regulations being made, enables them to make their own provision on devolved aspects where they wish to do so, and reflects their responsibilities while supporting timely and effective implementation of the agreement.

[Jim Shannon]

I am asking these questions because they have been put to me by fishing organisations back home and I want to put them on record. The Bill enables the creation of internationally agreed marine protected areas in the high seas. If a Northern Ireland vessel were to operate in those international waters, it could face new restrictions on where it could fish, in order to protect vulnerable habitats and species such as sharks and whales. Does the Minister not agree that we need to ensure that MPAs are not created without input from the fishing industry—the sector itself, the fishing organisations and the fish producers—that its opinions carry weight and that this is not simply a tick-box exercise?

[Seema Malhotra]

The hon. Member continues to put on record his concerns. He will know that, as we move forward following ratification, we will continue to have detailed conversations. It is important that the rules and regulations are clear for all to operate by.

I was just referring to how we have been moving forward on the Bill to ensure that the devolved Governments are engaged in advance of regulations being made and are able to make their own provision on devolved aspects where they wish to do so. We continue to work closely together to support the timely and effective implementation of the agreement.

Lords amendment 7 inserts a new clause, after clause 17, that makes changes to the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 to ensure that the UK meets its obligations under the BBNJ agreement in relation to Scottish marine licensable activities in areas beyond national jurisdiction. The UK Government will be amending their own environmental impact assessment regulations, and Scottish Government officials have worked closely with UK counterparts to draft corresponding provisions. Accordingly, Lords amendments 8 and 9 also limit the power in clause 18 to implementing only article 38 standards or guidelines, as a wider power is no longer required in the light of other changes that will be made directly through the Bill.

Lords amendments 10 and 11 ensure that clause 22, which sets out procedures for the making of regulations under the Act, does not apply to regulations made under clauses introduced by Lords amendments 1 and 4. Instead, the procedures set out in Government amendments 2 and 5 respectively will apply.

Finally, Lords Amendment 12 amends clause 25 so that the clause introduced by amendment 7 comes into force on such a day as the Secretary of State appoints by regulations, rather than upon Royal Assent. This change ensures a consistent approach across the Bill with regard to the environmental impact assessment regulations that are being amended.

The Government’s objective is to implement the BBNJ agreement effectively across the whole of the United Kingdom, and to do so in a way that respects the devolution settlement and supports continued constructive collaboration with the devolved Governments. I therefore commend these 12 Lords amendments to the House, and I urge Members to support them.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

--- Later in debate ---

[Sarah Champion (Rotherham) (Lab)]

As chair of the all-party parliamentary group for the ocean, I am delighted to see the Bill’s swift passage through Parliament, and I look forward to its full ratification, but I have some specific questions for the Minister. Can she outline the timeline for the next steps to ensure ratification? Specifically, will it happen ahead of the first ocean COP, expected later this year? If the Minister is unable to give that detail today, would she be willing to meet the APPG for the ocean to discuss the timeline, particularly given that we are now five years away from our 30 by 30 commitment?

I note that the noble Baroness, Lady Boycott, tabled an amendment in the other place that would have ensured that the “polluter pays” and precautionary principles, alongside other principles in the Environment Act 2021, must be applied by UK authorities when they exercised powers or duties under this Bill relating to the high seas. As that amendment was not passed, there are concerns across the ocean sector that there is no statutory requirement in the Bill to extend those environmental principles beyond the UK’s territorial or domestic jurisdiction. Can the Minister comment on that? Will she also offer assurances that, when representatives of the Government or public authorities act under the Bill in relation to the high seas, they will apply the UK’s existing environmental principles so that we do have that coverage?

[Seema Malhotra]

I thank hon. Members for their contributions. I will make a couple of comments about the timing of amendments in the other place. There have been ongoing discussions with the devolved Governments. It is important to recognise this Government’s respect for the devolution settlements and our adherence to the principles underpinning the Sewel convention; we aim for them to be our core considerations and to inform how we work. We have been working closely with Scotland, Wales and Northern Ireland to get agreement on moving forward with this legislation together, and that was part of the reason for the delays.

[Mr Snowden]

Will the Minister give way?

[Seema Malhotra]

I will make some progress.

I acknowledge the importance of moving ahead quickly with the Bill to ensure that we have a seat at the table for discussions with other parties to the agreement, including on MPAs. We wanted to ensure that the Bill’s provisions in devolved areas were watertight, which is why we had constructive conversations with the devolved Governments.

Part 2 obligations do not apply to fishing. The hon. and learned Member for North Antrim (Jim Allister) has left his place, but he can be reassured that the Northern Ireland Assembly will have concurrent powers to implement provisions in areas of devolved competence. Under part 3 of the Bill, the UK will be involved in MPA decisions and will carefully consider the impacts on fishing.

In relation to the comments raised regarding multilateral co-operation, I want to mention some ways in which we continue to work with other states to support ratification. We continue to be proactive in preparing for implementation of the BBNJ agreement, and we are committed to partnering with others, including the global south, to ratify and implement it. Indeed, the Foreign, Commonwealth and Development Office has worked with the Commonwealth Secretariat to support smaller member countries with their implementation work. The Department for Environment, Food and Rural Affairs has also published research that developed a shortlist of potential area-based management tools, including marine protected areas, that could be proposed once the agreement is in force.

My hon. Friend the Member for Rotherham (Sarah Champion) asked about the process of the Bill. Following the passage of the Bill, we will be laying two statutory instruments, one of which will define digital sequence information for the purposes of the BBNJ legislation. The other, along with an associated Scottish Government SI, will amend the marine licensing regime, where needed, to implement part 4 of the BBNJ agreement on environmental impact assessments. Those will be progressed as soon as the BBNJ Bill has received Royal Assent. Once the SIs have been passed, we will be able to ratify the agreement by laying the instrument of ratification formally at the United Nations in New York. We are keen to see that happen as quickly as possible, as I know my hon. Friend is.

The shadow Minister, the hon. Member for Fylde (Mr Snowden), asked about legislative consent motions. While foreign affairs and treaty making are reserved matters, implementing international obligations in domestic law is not reserved where those obligations concern devolved areas. Several provisions in the Bill, particularly in parts 2, 3 and 4, relate to matters such as environmental protection and scientific research, which fall within devolved competencies for Scotland and Northern Ireland. Consequently, the legislative consent motion process is engaged to varying degrees. The assessment of whether legislative consent motions are required for this Bill has been agreed across the relevant UK Government Departments, including the Scotland, Northern Ireland and Wales Offices, and in consultation with the devolved Governments.

The shadow Minister also asked whether there is a risk that requirements in Scotland for an environmental impact assessment for marine activities in areas beyond national jurisdiction might be different from those in other parts of the United Kingdom. It is the case that Scotland could choose to implement the requirements slightly differently. We will continue to work closely with the Scottish Government to ensure that differences are kept to a minimum and that the United Kingdom as a whole takes a consistent approach. That is very much in the spirit in which we have been working, collaboratively, to respect devolution settlements while recognising the importance of this agreement to both the Scottish and UK Governments. That has been an important part of how we have progressed.

[Mr Snowden]

I thank the Minister for answering my question on the potential for the Scottish Government to take a different approach to implementing the Bill. If ongoing conversations are under way, will the Minister tell us whether an indication has been given by the Scottish Government that they want to implement the Bill in a different way?

[Seema Malhotra]

We are at the start of the process. The spirit in which we have been working, and the way in which we have reached agreement on how to work alongside the Scottish Government, are important to how we will continue to work going forward. In the light of those conversations, I believe that a collaborative approach will continue, because it is in all our interests.

Let me make some further comments in response to the hon. Member for South Cotswolds (Dr Savage), who speaks for the Liberal Democrats. I know that it is important to Members on both sides of the House that there is a separate process under way to agree a global plastic pollution treaty. Plastic pollution is a transboundary issue with its source on land, and it is appropriate for it to be addressed by a bespoke treaty for the full life cycle of plastics, including the phasing out of problematic products, improving waste management and reducing leakage. The BBNJ agreement focuses on conservation and sustainable use of resources in areas beyond national jurisdiction, and is therefore not best suited to addressing plastic pollution across the life cycle. However, the hon. Lady makes an important point, and it is a matter of concern across the House.

[Steve Race (Exeter) (Lab)]

I very much welcome the Government’s showing commitment to global leadership on protecting the oceans by bringing this Bill through Parliament so quickly. Last week I joined Greenpeace on board its vessel Witness, which was docked nearby in London, and I heard about the devastation that bottom trawling can wreak on marine ecosystems. Will the Minister outline what steps the Government are taking to regulate, or preferably ban, this destructive fishing practice in our marine protected zones and elsewhere? It is a particular area of concern for my residents in Exeter.

[Seema Malhotra]

That is indeed a matter of concern, and it has been raised in debates by Members from across the House. Although my hon. Friend will know that bottom trawling is not within the scope of the agreement, he will also be aware that we are consulting on restricting bottom trawling in more vulnerable marine habitats. It is important that the consultation and that work continue.

This is a landmark piece of legislation. It ensures that the UK can ratify the important BBNJ agreement and take full part in the conference of the parties. It contains measures that will not only safeguard marine ecosystems, but deliver real benefits for the UK’s research and innovation community. In January, I was pleased to visit the National Oceanography Centre in Southampton, to which the hon. Member for South Cotswolds referred. It is a world-leading institution, and it highlighted the value of this agreement in improving the visibility and transparency of UK-led marine research, as well as in strengthening international research collaborations. I want to put on record my thanks to the centre for its work and leadership.

I am sure that hon. Members will agree that the health of our oceans is inseparable from the health of our planet. Although we may not often see these ecosystems with our own eyes, the responsibility to protect them falls on all of us and on the wider international community. The BBN J Bill is the UK’s opportunity to rise to that responsibility, to safeguard fragile ecosystems, to support sustainable development, and to ensure that the benefits of ocean science are shared fairly and responsibly. The United Kingdom has always played a leading role in advancing global ocean governance. With this Bill, we have the chance to continue that leadership. The ocean cannot wait, and nor should we.

Lords amendment 1 agreed to.

Lords amendments 2 to 12 agreed to.

Business of the House (Today)

Ordered,

That, at this day’s sitting, proceedings on the motions in the name of Secretary Heidi Alexander relating to (i) High Speed Rail (Crewe – Manchester) Bill: Carry-over and (ii) High Speed Rail (Crewe – Manchester) Bill: Select Committee shall be brought to a conclusion no later than one and a half hours after the commencement of proceedings on the motion for this Order; the Speaker shall then put the Questions necessary to dispose of proceedings on those motions; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; proceedings on those motions may be entered upon and may continue, though opposed, after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Sir Alan Campbell.)