Biodiversity Beyond National Jurisdiction Bill

Debate between Seema Malhotra and Judith Cummins

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.

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[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.

British Indian Ocean Territory

Debate between Seema Malhotra and Judith Cummins

Wednesday 28th January 2026 Commons Chamber

[Seema Malhotra]

I will conclude my remarks—I am sorry but I have taken a number of interventions today.

Since coming into power, this Government have been clear on our deep regret for the way in which Chagossians were removed from the islands and have sought to recognise the wide range of views within the Chagossian community. We remain committed to building a relationship with that community that is built on respect and an acknowledgment of the wrongs of the past.

We have established a contact group to give Chagossians a greater say in UK Government support to their communities and are in the process of enhancing that group, as Baroness Chapman committed to doing in the other place. Officials from the Foreign, Commonwealth and Development Office have engaged with Chagossian individuals and groups more than 30 times and they are regularly in conversation with the Minister responsible for the overseas territories, my hon. Friend the Member for Cardiff South and Penarth.

In conclusion, doing this deal was right and essential. It protects our national interest, it defends our national security, it protects the Diego Garcia base from legal threat, it supports the Chagossian community and it preserves the unique environment in the archipelago. We know that the best way to do that is to pursue this deal. It is time that the Conservatives realised—or should I say, remembered—that too.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

Proposed Chinese Embassy

Debate between Seema Malhotra and Judith Cummins

Monday 19th January 2026 Commons Chamber

[Seema Malhotra]

I thank my hon. Friend for her remarks. I reiterate that our intelligence services have been involved throughout. A range of measures have been developed and are being implemented to protect national security. She will also know that the Government are still to make a decision. That planning decision will be made independently by Ministers from the Ministry of Housing, Communities and Local Government on planning grounds.

It is also important to recognise that we have set clear red lines through this process. That has included, for example, the consolidation of the diplomatic presence of China from seven buildings to one, which will have security benefits. It is also important to say that we do routinely engage with our allies, including the US, which is our closest ally, on a range of issues, including security and intelligence in relation to China. It is important to recognise that we do that routinely and that it is important to discuss national security factors that we may consider.

My hon. Friend referred to transnational repression. She will know that the UK Government will not tolerate any attempts by foreign Governments to coerce, intimidate, harass or harm their critics overseas, especially in the UK. We continually assess potential threats in the UK, and we take the protection of individuals’ rights, freedoms and safety very seriously.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

[Alicia Kearns (Rutland and Stamford) (Con)]

I congratulate the hon. Member for Rotherham (Sarah Champion) on her question. One could be excused for feeling that this is groundhog day, because once again the House has gathered to share our collective concern about plans to approve the Chinese Communist party’s mega-embassy and once again the Home Office has declined to answer. I did consider rereading my speech from last week, but as I hope we will get some answers, I have gone back to the drawing board.

The Chinese Communist party’s plans are not normal diplomatic renovations, and it would be laughable to suggest that they are, given the location. Did the Minister see the unredacted plans before their publication, and can she genuinely say that she would have no concerns about her Government approving this shadowy network of 208 secret rooms? Given the claims that the Government and Ministers had not seen these plans until last week, surely the Government need time to review them. Would the Minister confirm that there will be a delay to the decision, which is due tomorrow? No one would seriously suggest that, in the week that has passed, the Government have identified all the mitigations needed to protect our cables and militate against these secret rooms.

The Government have so far shielded themselves behind the mundane language of planning policy, but this is not a normal application. Can the Minister confirm whether our allies have been consulted on the unredacted plans, and if so, who? Can she confirm whether UK Government officials previously denied the existence of these cables to the United States in discussions?

Last week, I asked whether the Chinese Communist party’s ambassador had been démarched and forced to explain his party’s duplicity in the application. The Minister declined to answer. It has now been a week. Has the Minister—not officials—finally found time to prioritise national security and haul in the Chinese ambassador? If not, why not, and what message does that send to China? Not once have this Labour Government démarched the Chinese ambassador since they came to power, despite cyber-attacks, spies in this place and bounties on the heads of Hongkongers. What does the Chinese Communist party have to do for this Government to defend us and act to deter future hostile acts? The Government tell us that security concerns have been addressed, including ones that they only knew about a week ago. Tell us how.

Finally, the Prime Minister has not yet publicly confirmed his vanity visit to Beijing. Has the Chinese Communist party made approval of the new embassy contingent on the visit going ahead? The Government have a duty to protect our country. Without national security, there is no economic security. This House clearly speaks with one voice on this issue and that voice says no, so will the Government join us or will they choose a dereliction of their duties?

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[Seema Malhotra]

I know that my hon. Friend has raised her concerns a number of times. I reiterate that national security considerations are always the first duty of any Government, and the security and intelligence agencies have been involved throughout this process. As I noted in my opening remarks, the two national security issues that the Foreign, Commonwealth and Development Office and the Home Office made public as part of the planning process have now been addressed. If the planning application for a new embassy in Tower Hamlets is approved, China has committed to replace seven sites that make up its diplomatic footprint in London with the new embassy, which will also bring clear security advantages. I am sure that my hon. Friend will continue to have conversations with her local council and with the Government in due course.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

[Luke Taylor (Sutton and Cheam) (LD)]

The Liberal Democrats have made it clear from the beginning of this saga that the approval of China’s super-embassy would be a terrible betrayal of Hongkongers who moved to the UK to escape the very repression that the Government are now inviting to their doorstep. The Government must halt the application and summon the Chinese ambassador to make it clear that we will not accept Beijing’s efforts to spy on our Parliament or to intimidate and harass Hongkongers in our community.

On the specifics of the application, in a 2018 letter the then Foreign Secretary Boris Johnson granted diplomatic status to Royal Mint Court. That letter made no mention of a condition relating to planning permission and, under section 1 of the Diplomatic and Consular Premises Act 1987, represents a fulfilment of the condition to provide express consent. Eight years later, we are now being told that consent was somehow conditional on planning permission, based on a secret note verbale from May 2018 that has not been published. Will the Government release that note verbale, which is the only evidence that diplomatic status was provided conditional on planning permission and, therefore, that the application was not prejudged by the Government?