Biodiversity Beyond National Jurisdiction Bill

Report

Scottish and Northern Ireland legislative consent sought.

Amendment 1

1: After Clause 9, insert the following new Clause— “Power to make regulations: Scotland and Northern Ireland (1) The appropriate national authority may by regulations make provision that is within section 9(2) (read with section 9(3) to (6)) for the purposes of implementing the United Kingdom’s obligations under Part 2 of the Agreement.(2) Regulations under this section may—(a) confer a function (including a discretion) on any person;(b) make different provision for different purposes or for different areas;(c) make consequential, supplementary, incidental, transitional, transitory or saving provision.(3) Regulations under this section that provide for civil sanctions—(a) must provide a right of appeal against the imposition of any such sanction; (b) may make any provision corresponding to, or dealing with similar matters to, provision made by or capable of being made under the Regulatory Enforcement and Sanctions Act 2008.(4) For the purposes of this section, “appropriate national authority”, in relation to the making of regulations, means—(a) the Scottish Ministers, so far as provision made by the regulations would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;(b) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, so far as provision made by the regulations—(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.(5) The consequential provision that may be made by regulations in reliance on subsection (2)(c) includes provision amending—(a) in relation to regulations made by the Scottish Ministers, an enactment within the meaning given by Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (whenever passed or made), and(b) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, any statutory provision within the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.”Member’s explanatory statement This new clause would give the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland a power to make provision within devolved legislative competence corresponding to the provision that the Secretary of State can make under clause 9.

My Lords, I am pleased to open this debate with the government amendments tabled in my name relating the role of devolved Governments in the implementation of the BBNJ agreement. As noble Lords will be aware, the BBNJ Bill extends to the whole of the United Kingdom, apart from certain clauses which extend to Scotland only. Foreign affairs, including the negotiation and signature of international treaties, are a reserved matter under the devolution settlements. However, observation and implementation of obligations arising under treaties in domestic law are excepted from the foreign affairs reservation so far as those obligations relate to devolved matters. Working closely with Ministers and officials in the devolved Governments, we have agreed that the legislative consent motion process is engaged for Scotland and Northern Ireland, to varying extents, by Parts 2, 3 and 4 of the Bill.

The Government have been in sustained discussions with both devolved Governments to seek consent for this Bill, and I can confirm to the House that Motions on consent will be debated shortly in both the Scottish Parliament and the Northern Ireland Assembly. Throughout these discussions, the Government have sought to ensure that devolved competencies are fully respected. That is why we have tabled amendments on Report to strengthen the role of the devolved Governments in the future implementation of the BBNJ agreement.

Clauses 9 and 11 confer powers on the Secretary of State to make regulations to implement the UK’s obligations under Parts II and III of the BBNJ agreement. Government Amendments 1, 2, 5 and 6 provide Scottish Ministers and the Northern Ireland Department of Agriculture, Environment and Rural Affairs with concurrent powers to make regulations within devolved competence. In addition, Amendments 3 and 7 place a duty on the Secretary of State to consult Scotland and Northern Ireland before exercising the powers in Clauses 9 and 11 where regulations engage devolved matters. This approach will ensure that devolved Governments are engaged in advance of regulations being made and enable them to make their own provision on devolved aspects where they wish to do so, and it reflects their responsibilities while supporting timely and effective implementation of the agreement.

My Lords, I thank the Minister for going through those technicalities. These Benches welcome the effectiveness of devolution for this sort of implementation legislation, as I am sure the whole House does. The one question I have for the Minister, although she does not have power over it, is whether she has been assured by the devolved Assemblies that the correct and needed authorities will be given, so that we can keep up the momentum and participate as a party that has ratified this agreement when the first Conference of the Parties takes place?

My Lords, the Bill enables the Government to go ahead and ratify the treaty, which we signed when we were in government and we still support. We have discussed the treaty and the Bill at length in Committee, and we are pleased that the Government are continuing with this work to implement the treaty.

The amendments in this group seek to grant powers to the Scottish and Northern Ireland Ministers that are broadly equivalent to those granted to the Secretary of State under the Bill. Although the content of these amendments is not especially concerning, it feels a little late for the Government to make substantive changes to their Bill. The Bill has progressed through all stages in the House of Commons and Committee in your Lordships’ House. By making amendments at this late stage, Peers are denied the opportunity of proper scrutiny in Committee. We believe that this is happening too often. We were clear when it happened under the previous Government that it was unacceptable, and it remains so under this Government. Can the Minister please explain why the Government have waited until Report in this House to make these changes?

I do not want to fall out with the noble Lord today, but the reason these changes have come at this stage is that we have listened to our friends and colleagues in the devolved Administrations who have said that they feel they need these powers, and we respect their view, having had a look at it as well. This has not always been the approach of the UK Government, but it is what we are trying to do, so that is why they have come at this stage.

In response to the noble Lord, Lord Teverson, I believe that the correct authorities are to be given. I have every confidence that that is the case, and I hope that we do not need to return to make changes to this as a consequence. These amendments demonstrate our commitment to collaborating with the devolved Governments at the same time as ensuring that the UK is able to implement the agreement in a timely manner.

Amendment 1 agreed.

Amendments 2 and 3

2: After Clause 9, insert the following new Clause— “Procedure for regulations under section (Power to make regulations: Scotland and Northern Ireland)(1) Regulations under section (Power to make regulations: Scotland and Northern Ireland) that include provision—(a) amending an Act of Parliament, an Act of the Scottish Parliament or Northern Ireland legislation,(b) made in reliance on section 9(2)(b), or(c) creating a civil sanction or varying the maximum amount of any monetary penalty,are subject to the affirmative procedure.(2) Any other regulations under section (Power to make regulations: Scotland and Northern Ireland) are subject to the negative procedure.(3) Any provision that may be made by regulations under section (Power to make regulations: Scotland and Northern Ireland) subject to the negative procedure may be made in regulations subject to the affirmative procedure. (4) The power of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to make regulations under section (Power to make regulations: Scotland and Northern Ireland) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).(5) For the purposes of this section—(a) in relation to regulations made by the Scottish Ministers, see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 for the meanings of “subject to the negative procedure” and “subject to the affirmative procedure”, and(b) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland—(i) where the regulations are subject to the affirmative procedure, the regulations may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly, and(ii) where the regulations are subject to the negative procedure, the regulations are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).”Member's explanatory statement This new clause would make provision for procedure relating to regulations under new clause (Power to make regulations: Scotland and Northern Ireland), which would be inserted after clause 9.

3: After Clause 9, insert the following new Clause— “Consultation: Scotland and Northern Ireland(1) The Secretary of State must consult the Scottish Ministers before making regulations under section 9 that contain provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.(2) The Secretary of State must consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland before making regulations under section 9 that contain provision that—(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.”Member's explanatory statement This amendment would require the Secretary of State to consult the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland before making regulations under section 9 that contain provision with the legislative competence of the Scottish Parliament or the Northern Ireland Assembly.

Amendments 2 and 3 agreed.

Amendment 4

4: After Clause 9, insert the following new Clause— “Control of plastic pellet pollution in areas beyond national jurisdiction(1) The Secretary of State must, by regulations and through the exercise of functions under this Act and other enactments, and through co-operation in relevant international organisations and bodies, make provision for the prevention, control and remediation of pollution in areas beyond national jurisdiction arising from the manufacture, handling, transport, storage, loading or unloading of plastic pellets, flakes or powders.(2) Measures taken under this section must aim to secure a level of environmental protection that is no less effective than the measures set out in the International Maritime Organization Marine Environment Protection Committee Circular MEPC.1/Circ.909, as approved in 2024.(3) Regulations under this section must, in particular, include provision—(a) requiring operators to implement mandatory procedures to prevent the loss of plastic pellets throughout the supply chain in areas beyond national jurisdiction;(b) requiring containment, spill-prevention, recovery and clean-up measures in areas beyond national jurisdiction consistent with internationally recognised best practice; (c) requiring training, documentation and internal controls relating to pellet loss prevention in areas beyond national jurisdiction;(d) requiring the prompt reporting of any loss of plastic pellets in areas beyond national jurisdiction to the appropriate authority;(e) providing for the remediation of environmental harm and the recovery of associated costs from the responsible operator;(f) providing for monitoring, inspection of, and enforcement against, the loss of plastic pellets in areas beyond national jurisdiction, including civil sanctions;(g) requiring the Secretary of State to have regard to evidence of the effectiveness of measures adopted by parties to the International Maritime Organization, including measures adopted pursuant to the implementation of MEPC.1/Circ.909 by international signatories, including the European Union.(4) Regulations under this section must be made within 12 months of the day on which this Act is passed.(5) Regulations under this section are subject to the affirmative resolution procedure.”Member's explanatory statement This new clause would require the Secretary of State to make regulations on the control of plastic pellet pollution.

My Lords, in moving Amendment 4, I thank the noble Baroness, Lady Jones of Moulsecoomb, for putting her name to it as well. This is a very important issue that we debated at length in Committee. The reason I am bringing something back on Report, albeit in a more focused form just dealing with plastic pellets, is that plastic generally is one of the huge problems that the ocean needs to have addressed, but the plastic pellet issue is something that the Government could choose to do a lot more about monitoring, evaluating and regulating.

It is notable that the European Union has made regulations about pellets. The loss at sea during shipping of these pellets, which form the basis of plastic wherever it is manufactured, is estimated to be 10 trillion pellets annually, with 10 million tonnes apparently lost within European Union waters, so it is a massive problem the sheer scale of which is hard to imagine. Some of the losses get into the sea and wash out from our own sewage plants—that, again, is something that I am sure the Government will look at. I would like the Minister’s assurance today that through some vehicle in the future, whether it is the forthcoming water White Paper or whatever, they will address this issue of plastic pellets, firming up on how people shipping them are trained, the regulation of it and how they are contained on ships—everything to do with the shipping of them—because the scale of the loss is unsupportable and every country needs to take action on it. I beg to move.